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?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.