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	<title>CarInsuranceQuotes.com &#187; car insurance fraud</title>
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		<title>Car insurance fraud case overturned in poetic fashion</title>
		<link>http://www.carinsurancequotes.com/blog/car_insurance_fraud-case-poem/</link>
		<comments>http://www.carinsurancequotes.com/blog/car_insurance_fraud-case-poem/#comments</comments>
		<pubDate>Thu, 22 Dec 2011 19:17:44 +0000</pubDate>
		<dc:creator>Administrator</dc:creator>
				<category><![CDATA[Industry News]]></category>
		<category><![CDATA[car insurance]]></category>
		<category><![CDATA[car insurance fraud]]></category>
		<category><![CDATA[J. Michael Eakin]]></category>
		<category><![CDATA[opinion]]></category>
		<category><![CDATA[Pennsylvania Supreme Court]]></category>
		<category><![CDATA[poem]]></category>
		<category><![CDATA[poetry]]></category>
		<category><![CDATA[ruling]]></category>
		<category><![CDATA[State Farm]]></category>

		<guid isPermaLink="false">http://www.carinsurancequotes.com/blog/?p=1307</guid>
		<description><![CDATA[Rhyme time: A Pennsylvania judge pens a poetic pronouncement that reverses retribution against a rogue.]]></description>
			<content:encoded><![CDATA[<p><strong>John Egan</strong></p><p>The language of <a href="http://www.carinsurancequotes.com/car-insurance-quote/">car insurance</a> can be pretty dry. So can the language of the courts. A judge in Pennsylvania has managed to spice up both. </p><table style="margin-left: 10px; border: 1px solid #cccccc; background: none repeat scroll 0% 0% #ffffff; float: right;" border="0" cellspacing="0" cellpadding="0" width="225" align="right" bordercolor="#000000"><tbody><tr><td style="padding: 10px 10px 0 10px;"><img src="http://www.badcreditauthority.com/iq/justice_eakin.jpg" alt="" width="250" /></td></tr><tr><td style="padding: 4px 10px 8px 10px;"><strong>Bard of the Bench: Pennsylvania Supreme Court Justice J. Michael Eakin.</strong></td></tr></tbody></table><p>In what you might call a case of poetic justice, Justice J. Michael Eakin of the Pennsylvania Supreme Court authored an opinion about a <a href="http://www.carinsurancequotes.com/articles/car-insurance-fraud/">car insurance fraud</a> conviction entirely in rhyming fashion. </p><p>In a six-page ruling issued Dec. 21, Eakin overturned the fraud conviction of Daniel Goodson III, but not without a heavy dose of literary flair. Eakin is known for waxing poetic in court opinions &#8212; something that has drawn <a href="http://www.nytimes.com/2002/12/15/us/justices-call-on-bench-s-bard-to-limit-his-lyricism.html " target " _ blank ">criticism from other judges</a>.</p><p>The court ruled 4-2 in Goodson&#8217;s favor. By the way, the dissenting opinion didn&#8217;t rhyme.</p><p>The <a href="http://howappealing.law.com/122211.html#044004" target = " _ blank ">How Appealing blog</a> first alerted the world to Eakin&#8217;s latest poetic performance. WSJ.com&#8217;s <a href="http://blogs.wsj.com/law/2011/12/22/another-rhyming-opinion-from-justice-eaken/?mod=google_news_blog" target = " _ blank ">Law Blog</a> and the ABA Journal&#8217;s <a href="http://www.abajournal.com/news/article/pennsylvania_justice_issues_another_rhyming_opinion/" target = " _ blank ">Law News Now blog</a> also have chimed in, along with <a href="http://lawprofessors.typepad.com/tortsprof/2011/12/insurance-fraud-in-rhyme.html" target = " _ blank ">The TortsProf Blog</a> and <a href="http://www.foxnews.com/us/2011/12/22/pas-rhyming-justice-pens-insurance-fraud-opinion/" target = " _ blank ">The Associated Press</a>.</p><p>Eakin&#8217;s <a href="http://www.pacourts.us/OpPosting/Supreme/out/J-24-2011oaj.pdf" target = " _ blank ">car insurance fraud opinion</a> reads as if it came right out of a British Literature 101 course. Here&#8217;s an example:<br /><em><br />In January, 2001, appellant’s car was in a collision.<br />His insurer totaled the aging New Yorker, then made a just division<br />of the value of the insurance claim, sending $6,289 to the lender;<br />the balance of $135, to appellant they made tender.<br />And thus the matter terminated, or so one might have thought,<br />but that was not to be, when Goodson’s later schemes were caught.</em></p><p>Dissatisfied with his monetary settlement from the crash, Goodson forged a $6,289 check that was made to look like it was from State Farm.</p><p>Eakin picks up the story from there:</p><p><em>Of course the crime soon came to light, as agents of State Farm<br />refused to pay the check he’d forged, which forestalled further harm:<br />“It’s not from us, there is no claim, the check we cannot honor!”<br />And appellant’s scheme was thus undone — he knew he was a goner.<br />When braced, he paid the money back, a mitigating solution,<br />but despite this act, the Commonwealth commenced its prosecution.</p><p>Convicted of the forgery, insurance fraud, and theft,<br />he admits the first and last, but denies the charge that’s left.<br />He claims the sentence for insurance fraud is most certainly amiss —<br />he says “I may be guilty, but I’m just not guilty of this.<br />My sentence is inappropriate — undo the wrongful conviction.”<br />And in the end, seeks this relief from our appellate jurisdiction.</em></p><p>Here, Eakin explains why the court threw out the insurance fraud conviction:</p><p><em>Because he made no insurance claim, nor a proffer to an insurer,<br />he didn’t commit insurance fraud, and neither judge nor juror<br />can to the contrary rightly find, even if they’d like to.<br />Two crimes are strikes, but not the third — the count is but strike two,<br />and while those strikes are such that he’s not going to walk,<br />on this last pitch we have no choice but to call a figurative balk.<br />Sentenced on the other crimes, he surely won’t go free,<br />but we find he can’t be guilty of this final felony.</em></p><p>You&#8217;ve got wonder whether Goodson, the man who appealed the fraud conviction, appreciates the language of the Bard of the Bench. Perhaps Goodson simply wanted a ruling in plain English (or, in the case of the courts, plain legalese). But in the end, the man got what he sought and maybe learned a literary lesson in the process.</em></p><p>Here&#8217;s Eakin&#8217;s final word(s) on the Goodson case:</p><p><em>Convictions for the forgery and theft are approbated —<br />the sentence for insurance fraud, however, is vacated.<br />The case must be remanded for resentencing, we find,<br />so the trial judge may impose the result he originally had in mind.<br />What Goodson did is serious, but doesn’t comprise this crime —<br />there’s simply no rhyme nor reason for it, for these reasons (and in rhyme).</em></p>]]></content:encoded>
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		<title>Desperate Car Owners Resorting to Fraud</title>
		<link>http://www.carinsurancequotes.com/blog/desperate-car-owners-resorting-to-fraud/</link>
		<comments>http://www.carinsurancequotes.com/blog/desperate-car-owners-resorting-to-fraud/#comments</comments>
		<pubDate>Wed, 17 Jun 2009 15:48:26 +0000</pubDate>
		<dc:creator>Administrator</dc:creator>
				<category><![CDATA[Industry News]]></category>
		<category><![CDATA[auto insurance fraud]]></category>
		<category><![CDATA[car insurance fraud]]></category>
		<category><![CDATA[insurance fraud]]></category>

		<guid isPermaLink="false">http://www.carinsurancequotes.com/blog/?p=54</guid>
		<description><![CDATA[When people buy car insurance, it&#8217;s usually because they hope never to use it. In fact, walking out of your home or office to find an empty space where your&#8230;]]></description>
			<content:encoded><![CDATA[<p>When people buy car insurance, it&#8217;s usually because they hope never to use it. In fact, walking out of your home or office to find an empty space where your car once stood is a nightmare shared by many vehicle owners. Most of us try to keep our vehicles safe by parking them in well-lighted areas and locking them, using car insurance only as a backup.</p><p>But as the economy has continued to exacerbate, some people are using their car insurance policies as paychecks. Car insurance fraud occurs when people claim their vehicles have been stolen in order to collect the money from their car insurance policies. According to law enforcement officials, it is not uncommon to see cars set on fire, pushed off cliffs, sunk in bodies of water, and even buried in the ground.</p><p>Law enforcement officials have reported more and more incidents of car insurance fraud as the economy plunges. Desperate, those who commit car insurance fraud often feel like they have no other way out of pressing financial obligations.</p><p>If you&#8217;re hurting for cash, you might be tempted to commit car insurance fraud. After all, desperate times call for desperate measures. But there are a few reasons why car insurance fraud ends up being a losing game&#8211;for all involved. First, car insurance fraud is a crime, and, if convicted, you may be sentenced to a term in jail, as well as a fine. Second, car insurance fraud results in higher <a title="car insurance" href="http://www.carinsurancequotes.com">car insurance</a> premiums for other car insurance customers. So, if you&#8217;ve noticed car insurance quotes rising, you might have car insurance fraud to thank. While these reasons for refraining from committing car insurance fraud are certainly legitimate, it&#8217;s also important to think about the cars that end up being destroyed as a result of these schemes. These are cars that people could be driving, and by committing car insurance fraud, individuals increase the number of cars that have to be manufactured.</p><p>But this doesn&#8217;t mean you have to settle for being broke! One option always available to you is changing car insurance companies, and with many web sites offering car insurance quotes, switching companies is now easier than ever. In fact, CarInsuranceQuotes.com can provide you with comparative, free quotes with just an easy click. You may find that you will save enough money by switching car insurance companies to pay your bills more comfortably. You can also try to deal with your car loan company, asking them to give you a lower rate or help you make your payments more manageable. Regardless, there are many ways out of debt, but car insurance fraud is a way in&#8211;a way into more trouble.</p>]]></content:encoded>
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