We All Do it Fraud

The California Court of Appeal, in Cassim v. Allstate Insurance Co., 94 P.3d 513, 33 Cal.4th 780, 16 Cal. Rptr.3d 374 (Cal. 07/29/2004), was faced with a trial verdict of bad faith against an insurer that it found was based upon prejudicial final argument leading the jury to believe that “some fraud” is permissible

The law in California, as it should be everywhere, is that an insured cannot commit a little fraud. You either commit fraud or you do not. You cannot commit a little fraud any more than you can be a little dead.

If you commit fraud, regardless of the bad faith of the insurer, you recover nothing.

Hard Fraud

The following types of fraud are premeditated and intentionally committed. Those who differentiate between types of fraud would place these in the category of “hard fraud,” which is considered more egregious than “soft fraud” since it is performed with malice aforethought.

Hard fraud takes planning, scheming, and even someone on the inside to help you get money from an insurance company. An example of hard fraud would be getting into an accident on purpose so that you can claim the... Read More

The Landmark Medical Management case ruling that was on calendar to take place in Orange County Superior Court at 10 am last Friday, August 27^th 2021, in the court room of the honorable Sheila Hanson, C-35, once more did not... Read More