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Category Archives: Criminal Law & Procedure

Travelers Indemnity Co. v. Mitchell

(United States Fifth Circuit) – Held that a county government’s insurers had a duty to defend a civil rights lawsuit relating to the murder convictions of three innocent men who were later exonerated. The county contended that the insurance policies were triggered even though the…

Gevorkyan v. Judelson

(United States Second Circuit) – In a criminal bail bond case appeal of the District Court’s conclusion that a bail bond agent could retain the premium paid to him by the defendants notwithstanding the fact that, following a bail sufficiency hearing conducted pursuant to section…

People v. Accredited Surety

(California Court of Appeal) – In an appeal of an order and judgment in favor of the People following forfeiture of surety-defendant’s bail bond under Penal Code section 1305 is affirmed over the surety’s contention that the court erred by denying its motion to vacate…

US v. Gabinskaya

(United States Second Circuit) – Conviction of various fraud and conspiracy charges arising out of defendant’s involvement in a conspiracy to defraud insurance companies in connection with claims under New York’s No Fault Comprehensive Motor Vehicle Insurance Reparation Act, N.Y. Ins. Law section 5102 et…

People v. Bankers Ins. Co.

(California Court of Appeal) – In a bail bond forfeiture case, the trial court’s denial of bail bond company’s motion to vacate the forfeiture of its bail bond is affirmed where, although the amendment to the complaint was not duly authorized, it did not materially…

County of Los Angeles v. Financial Casualty & Surety, Inc.

(California Court of Appeal) – In a bail bond forfeiture case, the trial court’s denial of the motion by bail bond company defendant to vacate forfeiture and exonerate bond, and grant of summary judgment to the County, are reversed where the trial court lost jurisdiction…

People ex rel. Gov. Employees Ins. Co. v. Cruz

(California Court of Appeal) – In a a qui tam action brought by GEICO asserting statutory and common law claims for damages and civil penalties against defendant arising from her alleged involvement in an insurance fraud conspiracy, the trial court’s granted of defendant’s motion to…

People v. Lexington Nat. Ins. Corp.

(California Court of Appeal) – In a surety’s appeal of an order of forfeiture on a $20,000 bail bond when a defendant failed to appear at a hearing in his criminal case, the trial court’s forfeiture order is reversed where the bond was rendered void…

US v. Binday

(United States Second Circuit) – Convictions for conspiracy to commit mail and wire fraud, mail fraud, wire fraud, and conspiracy to obstruct justice stemming from a stranger-oriented life insurance (STOLI) fraud scheme by defendant insurance brokers is affirmed where there was sufficient evidence that defendants…

County of Los Angeles v. Financial Casualty & Surety, Inc.

(California Court of Appeal) – In a bail bond forfeiture case, the trial court’s order granting defendant’s motion to vacate the forfeiture of the bail bond is affirmed where writing the date of the hearing on the bond does not mean that defendant is “lawfully…

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