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The Collier County Sheriff's Office turned 100 this year. Sheriff Kevin Rambosk spent 2023 honoring our past, but also looking ahead with innovative public safety initiatives. In this episode, we look back on CCSO's Centennial year and all that the agency has accomplished in the past 12 months. NOTE: This is the final episode of our fall season. Sworn Statement will return after the new year with all new episodes for our spring season. Subscribe wherever you get podcasts to get notified when we return.
Lie to Your Insurer and You Will Lose Plaintiffs Richard Converse and Stephanie Converse own the property. Defendant State Farm Fire and Casualty Company (“State Farm”) insured the property at the relevant time. After a fire on December 8, 2019, Plaintiffs sought coverage under the insurance policy. Plaintiffs brought this action when Defendant denied coverage for much of the claim. In Richard Converse, and Stephanie Converse v. State Farm Fire And Casualty Company, No. 5:21-CV-457 (TJM/ATB), United States District Court, N.D. New York (July 12, 2023) the USDC was asked to rule on cross-motions for summary judgment. BACKGROUND State Farm insured the Converses against the risk of loss to a rental property under a homeowners policy. The parties agree that Plaintiff Stephanie Converse sent a letter to Joseph Pelton on or about November 8, 2019 that stated: “Joe, ... Having issues with my house again. Need help this time! I will pay $5,000 cash when I get the insurance. The back door will be unlocked and open to the basement. That's where the access to utilities are. Make look like electrical. I will come up after it happens so I will meet up with you. ... It's a mint green house with garage. Love you, See you soon. Stephanie.” While Plaintiffs admit that Stephanie Converse mailed the letter, they “deny any implication or allegation that Stephanie Converse committed insurance fraud, paid anyone to commit arson on the property, or was in any way involved in the fire that caused the loss on the property.” Stephanie Converse filed a claim on December 8, 2019 for the loss caused by the fire. State Farm mailed Stephanie Converse a blank Sworn Statement in Proof of Loss and a return envelope. Stephanie Converse appeared for an examination under oath (“EUO”) in connection with her insurance claim on March 13, 2020. Stephanie Converse affirmed during the examination that “everything as far as you can recall [was] truthful about what you told Mr. Loarca[.]” Defendant denied Stephanie Converse's claim on October 7, 2020 and Plaintiffs sued. ANALYSIS The materiality requirement is satisfied if the false statement concerns a subject relevant and germane to the insurer's investigation as it was then proceeding. The undisputed evidence before the Court indicated, Stephanie Converse told an investigator that she had made no such request. Defendant does not argue that Plaintiff dissembled about the cause of the fire at the home, committed arson herself, or paid Joseph Pelton to set the home on fire. The Court found that as a matter of law Plaintiff made these misrepresentations willfully. Stephanie Converse made material misrepresentations to insurance investigators as a matter of law and breached the insurance contract and Defendant is entitled to summary judgment in this respect. Failure to Cooperate Testifying falsely can also breach the condition of cooperation. Stephanie Converse admitted to Lee County Sheriff's Office investigators that she had written the letter she had denied to State Farm. Converse thus made misrepresentations about facts material to State Farm's investigation.misrepresentations were not willful. Proof of Loss Defendant's motion for summary judgment, was granted and Plaintiffs' motion for summary judgment was denied. ZALMA OPINION An insured who seeks to hire a person to set fire to her house for a fee paid from insurance proceeds is offering to pay for a felonious act. If the person refuses to set the fire, has an alibi when an arson fire actually occurred, performed by a person unknown, and the insured lies about her offer to burn her house, the lie is sufficient to deny the claim in accordance with the terms and conditions of the policy. This case proved the old saw that "liars never prosper." (c) 2023 Barry Zalma & ClaimSchool, Inc. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
Lie to Your Insurer and You Will Lose Plaintiffs Richard Converse and Stephanie Converse own the property. Defendant State Farm Fire and Casualty Company (“State Farm”) insured the property at the relevant time. After a fire on December 8, 2019, Plaintiffs sought coverage under the insurance policy. Plaintiffs brought this action when Defendant denied coverage for much of the claim. In Richard Converse, and Stephanie Converse v. State Farm Fire And Casualty Company, No. 5:21-CV-457 (TJM/ATB), United States District Court, N.D. New York (July 12, 2023) the USDC was asked to rule on cross-motions for summary judgment. BACKGROUND State Farm insured the Converses against the risk of loss to a rental property under a homeowners policy. The parties agree that Plaintiff Stephanie Converse sent a letter to Joseph Pelton on or about November 8, 2019 that stated: “Joe, ... Having issues with my house again. Need help this time! I will pay $5,000 cash when I get the insurance. The back door will be unlocked and open to the basement. That's where the access to utilities are. Make look like electrical. I will come up after it happens so I will meet up with you. ... It's a mint green house with garage. Love you, See you soon. Stephanie.” While Plaintiffs admit that Stephanie Converse mailed the letter, they “deny any implication or allegation that Stephanie Converse committed insurance fraud, paid anyone to commit arson on the property, or was in any way involved in the fire that caused the loss on the property.” Stephanie Converse filed a claim on December 8, 2019 for the loss caused by the fire. State Farm mailed Stephanie Converse a blank Sworn Statement in Proof of Loss and a return envelope. Defendant denied Stephanie Converse's claim on October 7, 2020 and Plaintiffs sued. ANALYSIS The materiality requirement is satisfied if the false statement concerns a subject relevant and germane to the insurer's investigation as it was then proceeding. The undisputed evidence before the Court indicated, Stephanie Converse told an investigator that she had made no such request. Defendant does not argue that Plaintiff dissembled about the cause of the fire at the home, committed arson herself, or paid Joseph Pelton to set the home on fire. The Court found that as a matter of law Plaintiff made these misrepresentations willfully. Stephanie Converse made material misrepresentations to insurance investigators as a matter of law and breached the insurance contract and Defendant is entitled to summary judgment in this respect. Failure to Cooperate Testifying falsely can also breach the condition of cooperation. Stephanie Converse admitted to Lee County Sheriff's Office investigators that she had written the letter she had denied to State Farm. Converse thus made misrepresentations about facts material to State Farm's investigation.misrepresentations were not willful. Proof of Loss There is no dispute that the Plaintiff did not return a sworn statement of proof of loss until March 12, 2020, well after the date specified by State Farm in correspondence to Stephanie Converse. Defendant has an absolute defense to Plaintiffs' claims. Defendant's motion for summary judgment, was granted and Plaintiffs' motion for summary judgment was denied. ZALMA OPINION An insured who seeks to hire a person to set fire to her house for a fee paid from insurance proceeds is offering to pay for a felonious act. If the person refuses to set the fire, has an alibi when an arson fire actually occurred, performed by a person unknown, and the insured lies about her offer to burn her house, the lie is sufficient to deny the claim in accordance with the terms and conditions of the policy. This case proved the old saw that "liars never prosper." (c) 2023 Barry Zalma & ClaimSchool, Inc. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
Happy MLK day![2:57] Takwi v. Garland, No. 20-9595 (10th Cir. Jan. 10, 2022)explicit adverse credibility determination; rebuttable presumption; clean credibility; Matter of M-A-M- safeguards; Southern Cameroon National Council (SCNC) [8:38] Diaz Ortiz v. Garland, No. 19-1620 (1st Cir. Jan. 10, 2022) (en banc)asylum; evangelical Christians; adverse credibility; Gang Assessment Database; field interrogation observations; Boston police; inconsistencies; burdens; El Salvador; MS-13[17:10] Peulic v. Garland, No. 20-1587 (1st Cir. Jan. 11, 2022)refugee adjustment of status; INA § 209(c) waiver; Matter of Jean; void for vagueness; assault with a dangerous weapon, Mass. Gen. Laws ch. 265, § 15B(b); asylum; Bosnia-Herzegovina [22:14] Bonilla v. Garland, No. 19-1165 (1st Cir. Jan 12, 2022)Record of Sworn Statement; reliability of government evidence; fundamental fairness; border interview; adverse credibility [27:14] Santos-Zacaria v. Garland, No. 19-60355 (5th Cir. Jan. 11, 2022)reasonable relocation; exhaustion; motion to reconsider; transgender; homosexuality; Guatemala [31:36] Guzman-Torralva v. Garland, No. 21-3360 (6th Cir. Jan. 13, 2022)ineffective assistance of counsel motion to reopen; Lozada; bar complaint [35:15] Jimenez-Sandoval v. Garland, No. 19-73193 (9th Cir. Jan. 13, 2022)in absentia motion to reopen; notice to minors; Flores-Chavez v. Ashcroft [38:36] Togonon v. Garland, No. 19-71693 (9th Cir. Jan. 10, 2022) INA § 101(a)(43)(E)(i); arson in violation of Cal. Pen. Code § 451(b); maliciously; mens rea; 18 U.S.C. § 844(i)*Sponsors and friends of the podcast!Kurzban Kurzban Tetzeli and Pratt P.A.www.kktplaw.com/Immigration, serious injury, and business lawyers serving clients in Florida, California, and all over the world for over 40 years.Docketwisewww.docketwise.com/immigration-review"Modern immigration software & case management"*Want to become a patron of Immigration Review? Check out our Patreon page at https://www.patreon.com/immigrationreview*CONTACT INFORMATIONEmail: kgregg@kktplaw.comFacebook: "Immigration Review Podcast" or @immigrationreviewInstagram: @immigrationreviewTwitter: @immreviewDISCLAIMER: Immigration Review® is a podcast made available for educational purposes only. It does not provide specific legal advice. Rather, the Immigration Review® podcast offers general information and insights regarding recent immigration cases from publicly available sources. By accessing and listening to the podcast, you understand that there is no attorney-client relationship between you and the podcast host. The Immigration Review® podcast should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. MUSIC CREDITS: "Loopster," "Bass Vibes," "Chill Wave," and "Funk Game Loop" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 4.0 License http://creativecommons.org/licenses/by/4.Support the show (https://www.patreon.com/immigrationreview)
The Sunday Triple M NRL Catch Up - Paul Kent, Gorden Tallis, Ryan Girdler, Anthony Maroon
Dragons BBQ Dozen Refusing To Sign Sworn Statement | Triple M Friday Night Footy Show See omnystudio.com/listener for privacy information.
Dragons BBQ Dozen Refusing To Sign Sworn Statement | Triple M Friday Night Footy Show See omnystudio.com/listener for privacy information.
In this standalone episode of Sworn Statement, we're revisiting a 2018 unsolved homicide case. Karl Lievenese was found dead in his North Naples office in April of that year. Detectives are still looking for tips in this case and SWFL Crimestoppers has rewards in place for tips leading to an arrest.
In this episode of Sworn Statement, we answer some commonly asked questions about forensic genealogy after the agency announced it would be partnering with Othram labs to use this technology in the case of the deceased hiker known as Mostly Harmless.
Two years after the body of a deceased hiker was found in the Florida Everglades, deputies at the Collier County Sheriff's Office are still working to identify the man. This episode of Sworn Statement is an update on the 2018 case, providing new details into the case, including excerpts from the hiker's notebook. For more on the case of the deceased hiker known as Mostly Harmless, listen to all three episodes of Season 1 of this podcast.
Season Two of Sworn Statement will focus on the mental health crisis in Southwest Florida and what deputies at the Collier County Sheriff's Office are doing to help. Season Two is comprised of three episodes.
In the PBJ Spotlight today is a show called "Sworn Statement." Sworn Statement is a podcast hosted by Collier County Florida Sheriff's Department Media Relations Specialist Kristine Gill. And this is the first podcast that we've heard of where a law enforcement agency uses a podcast to help solve an active case.
Coroner Talk™ | Death Investigation Training | Police and Law Enforcement
Sworn Statement is a podcast exploring local cases and public safety issues here in Collier County. The first three episodes will focus on the case of the deceased hiker known as Mostly Harmless. Hikers found the man’s body in Big Cypress National Preserve in July 2018. Facebook tipsters quickly linked a composite image of the man to photos taken of him during his hike along the Appalachian Trail, beginning in 2017. But detectives have not yet made a positive ID. Sworn Statement will take a deep dive into the case with first-hand accounts from the 911 caller, hikers who met him on the trail and CCSO’s own investigators. Future episodes of the podcast will delve into other issues and cases taking place in our community. Listen to the first three episodes here. The Death Investigation Training Academy was founded to play an integral role in the death investigation community. The need for quality accredited training is in short supply and high demand. Using a combination of classroom training, live on site scenario exercises, and web-based training, the Death Investigation Training Academy is filling the need of 21st-century investigators.
Episode 2 of Sworn Statement is the second of three episodes exploring the case of the deceased hiker known as Mostly Harmless. In this episode, we explain how missing persons databases work and why DNA may or may not help to pinpoint the hiker's identity. We also follow the trail investigators used in tracking Mostly Harmless' hike, the places he stopped and the people he met along the way. Host: Kristine Gill, Media Relations Specialist with the Collier County Sheriff's Office Guests: Carrie Sutherland, Lori Napolitano Kim Cherney, Criminal Research Investigator with the Collier County Sheriff's Office Kevin O'Neill, homicide investigator with the Collier County Sheriff's Office Mike Gormley, trail angel Kelly Fairbanks, trail angel Bob Gabrielsen, proprietor at Top of Georgia Hostel Matt Mason, employee at Mountain Crossings and thru-hiker Thanks to Tyler Socash of Foot Stuff Podcast for background on the thru-hiking community. https://www.footstuffpodcast.com/ Clips from Fox News and Forensic Files Music: Art of Silence by Uniq https://www.youtube.com/watch?v=3V-pYCGx0C4 For photos of the hiker, and more on the podcast, visit www.colliersheriff.org/news/sworn-statement.
Episode 1 of Sworn Statement explores the case of a deceased hiker whose body was found in the Florida Everglades in July 2018. We start with what the 911 caller saw and follow the investigation as detectives learn that the man was a thru-hiker. After that, the case goes cold. Host: Kristine Gill, Media Relations Specialist for the Collier County Sheriff's Office Guests: Kim Cherney, Criminal Research Investigator with the Collier County Sheriff's Office Kevin O'Neill, homicide investigator with the Collier County Sheriff's Office Kelly Fairbanks, trail angel Nichalaus Horton, 911 caller and hiker Misti Little, thru hiker and host of the Orange Blaze podcast on the Florida Trail http://orangeblaze.thegardenpathpodcast.com/about/ Thanks to Tyler Socash of Foot Stuff Podcast for background on the thru-hiking community. https://www.footstuffpodcast.com/ Music: Art of Silence by Uniq https://www.youtube.com/watch?v=3V-pYCGx0C4 For photos of the hiker, and more on the podcast, visit www.colliersheriff.org/news/sworn-statement.
Episode 3 of Sworn Statement is the third and final episode exploring the case of the deceased hiker known as Mostly Harmless. In this episode, we look at some of the reasons why Mostly Harmless might have earned his trail name. And we also discuss some theories behind why he might have kept his identity private. Host: Kristine Gill, Media Relations Specialist for the Collier County Sheriff's Office Guests: Kim Cherney, Criminal Research Investigator with the Collier County Sheriff's Office Kevin O'Neill, homicide investigator with the Collier County Sheriff's Office Brandon Dowell, thru-hiker Jeremy Knoff, thru-hiker Simon Jones, actor Kelly Fairbanks, trail angel Thanks to Tyler Socash of Foot Stuff Podcast for background on the thru-hiking community. https://www.footstuffpodcast.com/ Clips from the Hitchiker's Guide to the Galaxy audio book, Eddie Vedder's "Guaranteed" featured in Into the Wilde Music: Art of Silence by Uniq https://www.youtube.com/watch?v=3V-pYCGx0C4 For photos of the hiker, and more on the podcast, visit www.colliersheriff.org/news/sworn-statement.
The Collier County Sheriff’s office, under the direction of Sheriff Kevin Rambosk, presents Sworn Statement, a podcast exploring local cases and public safety issues all unfolding right here in Southwest Florida. The first three episodes of this podcast will focus on the mystery of the deceased hiker known as Mostly Harmless. Music: Art of Silence by Uniq https://www.youtube.com/watch?v=3V-pYCGx0C4 For photos of the hiker, and more on the podcast, visit www.colliersheriff.org/news/sworn-statement.
The Lien Zone Podcast: A Podcast About Construction Law, Contracts, Liens and Bonds
On this episode, Alex explains the 7 things you must include when responding to a sworn statement of account request. Respond incorrectly, and you risk losing your lien rights. Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering. He manages The Barthet Firm, a construction law firm in … + Read More The post Sworn Statement of Account Request – 7 Things You Must Include appeared first on TheLienZone Podcast.