True Crime of Insurance Fraud Video Number 45
The Phantom Rolls Royce
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Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance fraud.
The Auto Theft Fraud
In many states, before a car can be insured, the agent must photograph the car and its vehicle identification number. This regulation is an effective weapon against fraudulent auto theft claims.
The insured managed to purchase material damage insurance on a Rolls Royce in a state where the regulation was fully effective even though he never owned a Rolls Royce automobile. His technique was flawless. His planning immaculate. He was only thwarted in his efforts because of the actions of a dedicated and thorough investigator.
To start his plan, the insured went to a Beverly Hills classic automobile dealer and took two Polaroid photographs (slightly out of focus) of a 1946 Rolls Royce. Unlike modern cars, the vehicle identification number was not in the windshield of the Rolls. It was, however, written on the specification sheet provided to him by the dealer.
He produced a bill of sale purportedly signed by the neighbor reflecting a $100,000 sale. The insured produced the ownership certificate and the registration establishing the vehicle existed. He claimed to have forgotten to bring with him the keys to the vehicle. Counsel then presented the true documents, item by item.
The insured claimed that the documents recorded at the Department of Motor Vehicles were filed by the seller and he had no knowledge of the changes made by the seller. In fact, he could not understand why the seller had filed such strange documents.
After counsel had established, with certainly in counsel’s mind, that the insured had sworn falsely, the examination under oath was terminated. Counsel met with the attorney for the insured, privately, and explained that the insured’s claim was in great peril.
The attorney for the insured responded:
“The bad faith lawsuit I told you to expect will not be filed by me.”
The insured had made one serious error: he hired an honest lawyer. His lawyer and counsel for the Classic Car Insurance Company discussed possible resolution of the matter, including the withdrawal of the claim or a mutual rescission of the policy. Counsel for the insured promised to speak with his client and communicate with the insurer.
Fraud Fails but Fraudster Not Punished
Classic Car Insurance Company saved a $100,000 claim. It spent $30,000 investigating the claim and defeating it. It was lucky. No litigation followed. It reported the loss to the state’s Fraud Bureau who now has the insured’s name on record. There has been no prosecution.
No prosecution is anticipated or expected. The Fraud Bureau is simply inundated with fraudulent insurance claims and must limit its prosecutorial efforts to major crimes that exceed $1,000,000 or rings of insurance fraud perpetrators who file multiple claims.
(c) 2022 Barry Zalma & ClaimSchool, Inc.
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 practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 54 years in the insurance business. He is available at http://www.zalma.com and zalma@zalma.com.
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