Tips on Investigating Contents Claims Fraud

By Denise Johnson | May 4, 2016

  • May 4, 2016 at 2:42 pm
    Barry Zalma says:
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    Fraud is a crime whether it is a so-called “soft fraud” or a hard fraud.

    Both should be prosecuted to the full extent of the law.

    Continue in the efforts to defeat insurance fraud and don’t make a fraud perpetrator a nice person because they only took to fraud to add to a legitimate claim. Whether they intentionally burn down their house to profit or just add a tv set to a legitimate burglary. Both are criminal conduct.

  • May 5, 2016 at 11:46 am
    mark d boardman says:
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    Mr. Rock and other:

    Is it soft fraud if a carriers adjuster over states depreciation or under states unit cost or quantities. Remember the scope of damages is an ESTIMATE.

    With contents the carrier usually gets the better end of it as each item must be listed. Most un-represented insureds just miss so many items that their claim lower that actual.

    As to estimating age, well there is a over used factor in determining AVE. So my 12 month old shoes are depreciated the same as grandpa’s shoes. So because he only wares them on Sunday has no factor. So is it soft fraud if carrier does not take into consideration all factors.

    With Interest

    Mark D Boardman

  • May 5, 2016 at 1:26 pm
    Barry Zalma says:
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    Fraud requires the following: 1. A misrepresentation or concealment of a material fact; 2. the misrepresentation must be made with the intent to deceive; 3. the insurer is actually deceived; and the deception causes damage to the insurer.

    The elements work the same way if done by the insurer.

    • May 9, 2016 at 10:25 am
      Not Always Correct says:
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      I agree with points 1 and 2 but disagree with number 3. The insurer need only have a suspicion of fraud for it to meet the definition of reportable fraud in many states. Whether or not the insurer is deceived or damaged does not fit into the equation.

      • May 9, 2016 at 11:31 am
        Barry Zalma says:
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        Reporting a suspected fraud does not require proof of fraud. But if you deny a claim for fraud you must prove all of the elements of the tort.

      • May 9, 2016 at 11:38 am
        mark d boardman says:
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        If it in fact go both ways then if the insured has a suspicion of fraud should it be investigated as rigorously by DFS as a carrier reporting fraud. Insureds are deceived all the time by carriers that fail to disclose all the insureds right as will as responsibilities. Disclosing both is required by Statute and Rule.



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