Forcing two courts to deal with a fraudulent claim of $366.64 is Chutzpah
Watch the full video at https://rumble.com/v2j70f2-chutzpah-fraudster-sues-twice.html and at https://youtu.be/TvyLBcku3v4
Integrated Pain Management, PLLC, sought $366.64 in no-fault insurance benefits for medical services it provided to assignor Mikwan Murphy on August 16, 2018, even though the insurer had already obtained a judgment that the claim was fraudulent.
IN Integrated Pain Management, PLLC, as Assignee to Mikwam Murphy v. Empire Fire & Marine Insurance Company, 2023 NY Slip Op 50219(U), Index No. CV-712234-21/BX, Civil Court of the City of New York, Bronx County (March 22, 2023) the services allegedly provided by Integrated consisted of treatment for injuries Murphy allegedly suffered a car accident on July 22, 2018. The defendant moved for summary judgment, arguing that the plaintiff was barred by the doctrines of res judicata, collateral and legal review from disputing the issue of coverage for this claim. The plaintiff ignored the motion.
PREVIOUS ACTION
In 2019, Empire Fire initiated a declaratory judgment action in Kings County Superior Court against Integrated Pain Management and Murphy, among others. In that case, Empire Fire alleged that Integrated Pain Management and Murphy participated in an insurance fraud scheme in which rental vehicles would intentionally cause “accidents” with unsuspecting third-party drivers. The drivers and passengers of the rental vehicles would receive payments of up to $1,500 and, in exchange for those payments, would seek medical treatment from certain designated medical providers, who would seek reimbursement under Empire Fire’s no-fault insurance policy.
On April 8, 2021, the Supreme Court entered default judgment in favor of Empire Fire, finding in relevant parts that Empire Fire was not contractually obligated to reimburse Integrated Pain Management for the services it rendered to Murphy as a result of the July 22, 2018 accident due to the alleged losses . was not the result of an “accident” as referred to in the policy.
DISCUSSION
Given the Supreme Court’s ruling that contractually there is no no-fault coverage for the alleged “accident” on July 22, 2018. Because Integrated Pain Management and Murphy were both parties to the Brooklyn Action and the claims again stem from the same “accident” at issue in that case .
During res judicata, or claim preclusion, a valid final judgment bars future actions between the same parties on the same cause of action. The doctrine applies if the issue in the second action is identical to an issue raised, necessarily decided, and material in the first action, and the plaintiff had a full and fair opportunity to litigate the issue in the earlier action.
The court found that the defendant met his prima facie burden of summary judgment under the doctrines of res judicata and safety stop. Plaintiff improperly sought to raise the identical issue raised and decided against in the Brooklyn case.
Defendant’s motion for summary judgment is granted and the case is dismissed with prejudice.
New York state fraudsters, such as the plaintiff, have the incapacity to sue an insurer twice for the same fraudulent scheme, waste the courts’ time by having the courts rule twice on the same issue and, in my opinion, should be subject to fines and penalties from the court and referred to the public prosecutor for prosecution.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
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Barry Zalma, Esq., CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance claims management, insurance bad faith and insurance fraud for insurers and policyholders alike. He practiced law in California for more than 44 years as an insurance coverage and claims attorney and more than 54 years in the insurance industry. He can be reached at http://www.zalma.com and zalma@zalma.com
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