Setting a Fire and Presenting a Claim for Items Not Burned is Insurance Fraud & Arson
Go Directly to Jail – Arson for Profit Fails
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Sherry Lee Lance appealed her convictions for second degree arson, conspiracy to commit second degree arson, and insurance fraud, all stemming from allegations that Lance conspired with her mother to burn down the home they shared and collect insurance proceeds. In State Of North Carolina, v. Sherry Lee Lance, 2021 NCCOA 236, No. COA20-273, Court Of Appeals Of North Carolina (June 1, 2021) Lance’s central argument is that the State could not prove an essential element of the arson charges—that Lance burned the dwelling house of another—because the only other inhabitant of the home was her mother, who allegedly conspired with her to burn the home. The State’s evidence showed that Lance’s mother still lived in the home when the fire occurred, and there was no evidence that Lance’s mother knew when or how the fire would be set.
ZALMA OPINION
Arson for profit is an evil variation on the crime of insurance fraud. People are often injured or killed in arson fires. Incompetent arsonists like Ms. Lance set fires in places that have no legitimate, or even potential, areas where a fire might accidentally start and takes out all of the valuable contents and places them in storage before the fire so that a claim can be made for items not destroyed and the arsonist can keep the money and still have the property. She was convicted because the criminal activity was obvious, the potential for death or injury to her mother, fire fighters, neighbors or the owner of the dwelling she was renting, could have been injured. Her stay in the gray bar hotel is deserved.
© 2021 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.
Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.
Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.
Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4