See the entire video at https://youtu.be/snar91UYIxY Tue 1919900900 Direct evidence
Direct evidence is evidence that tends to show that there is a fact in question without interfering with the evidence of any fact. It includes testimonies that tend to prove or disprove a fact that is directly questioned, such as eyewitness testimony or confession.
Sometimes there can be no direct evidence because records have been destroyed in a fire, destroyed by water, stolen, discarded or eaten by pests.
If direct evidence does not exist for any reason, circumstances must be proved to prove fraud.
As important as direct evidence is the evidence of fraud or attempted fraud, but, as courts have noted in the past, it can be difficult to obtain direct evidence of something as internal as intent to commit fraud. [United States v. Washington, 71
Evidence of circumstance
Evidence of circumstance is all evidence of an indirect nature when the main fact is drawn from the facts of evidence through a process of probability reasoning. The investigator takes circumstances and uses deductive reasoning to come to a conclusion. Evidence of circumstances and deductions from a professional investigator are often more reliable than direct evidence such as eyewitness evidence. Evidence of circumstance is sufficient to prove arson and other criminal activity. [ Hoosier Insurance Company, Inc. v. Mangino 419 N.E. 2d 978, 986 (Ind. App. 1981)].
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, handling insurance claims, bad faith insurance and insurance fraud and almost all insurance companies policyholder. He also acts as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance coverage and attorney handling attorney and more than 52 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
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