Q: Considering that a homeowner's insurance policy provides a "defense" in Superior Court to a DEFENDANT, even if the...

charge ...is "false, fraudulent and groundless," ....if....there are made false, and fraudulent counterclaims made by the defendant during litigation, by way of example, creating after the fact "notes" which are used to "substantiate" alleged activities (which never happened) ...to support counterclaim allegations against the claimant, is that not the very definition of insurance fraud?

The defendant is not seeking a payment of an insurance claim, they are seeking to avoid the loss attendant with losing in property litigation, by creating falsified defense records to avoid payment to fix the problem. Judge ruled in favor of

CLAIMANT. Prima facie Nuisance and Trespass.

Therefore to simplify, I am asking if DEFENDANT is guilty of the crime of insurance fraud if DEFENDANT used fictitious

documents in conjunction with a benefit (the defense) pursuant to an insurance policy?

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