fraudulent claim (Washington) · Go Syfert
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fraudulent claim in Washington

11 Washington opinions name it 2 courts 1995–2024 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
State v. Hickmangreen
wash · 1998 · cited in 2 Washington opinions naming this issue, 2017–2023
2 sentences

2023The Supreme Court reversed the conviction, finding that when Hickman had “allegedly called his insurance company to submit the fraudulent claim, he was in Hawaii while his insurance company was in King County” and concluding that “such evidence simply does not demonstrate Hickman knowingly presented or caused to be presented a fraudulent insurance claim in Snohomish County.” Id. at 105-06 .

2017The instruction read: “To convict the defendant of the crime of Insurance Fraud, each of the following elements of the crime must be proved beyond a reasonable doubt: “(1) That the defendant, James Hickman, on or about the 1st day of July, 1992, to the 31st of August, 1992, did knowingly present or cause to be presented a false or fraudulent claim or any proof in support of such a claim, for the payment of a loss under a contract of insurance; and “(2) That the false or fraudulent claim was made in the excess of One Thousand Five Hundred Dollars ($1,500); and “(3) That the act occurred, in Sno

12
Bradburn v. North Central Regional Library Districtgreen
wash · 2010 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015Reg'l Library Dist.. 168 Wn.2d 789, 802 , 231 P.3d 166 (2010) ("A prior restraint seeks to prohibit future speech rather than to punish speech that has occurred."). 34 U.S. v. Alvarez.

11
KITSAP ALLIANCE OF PROPERTY OWNERS v. Central Puget Sound Growth Management Hearings Boardgreen
wash · 2010 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015Reg'l Library Dist.. 168 Wn.2d 789, 802 , 231 P.3d 166 (2010) ("A prior restraint seeks to prohibit future speech rather than to punish speech that has occurred."). 34 U.S. v. Alvarez.

11
Vermont Agency of Natural Resources v. United States Ex Rel. Stevensgreen
scotus · 2000 · cited in 1 Washington opinions naming this issue, 2013–2013
1 sentence

2013The FCA imposes civil liability on “ ‘[a]ny person’ ” who “ ‘knowingly presents, or causes to be presented, to an officer or employee of the United States Government ... a false or fraudulent claim for payment or approval.’ ” Stevens, 529 U.S. at 768 (alterations in original) (quoting 31 U.S.C. § 3729 (a)).

11
Ceres Gulf and Esis/ina v. Cleaster Cooper, Director, Office of Workers' Compensation Programs (u.s. Department of Labor), Intervenor-Appellantgreen
ca5 · 1992 · cited in 1 Washington opinions naming this issue, 1995–1995
1 sentence

1995See also Ceres Gulf v. Cooper, 957 F.2d 1199, 1205-06 (5th Cir. 1992).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Mutual of Enumclaw Insurance v. Cox green
wash · 1988
2 sentences

2013Cox, 110 Wn.2d at 646 . ¶51 MOE filed a declaratory judgment action, asserting that under the terms of the policy, the fraudulent claim voided coverage.

2013Cox, 110 Wn.2d at 646 .

22013–2013
Pepperall v. City Park Transit Co. red
wash · 1896
2 sentences

1998NOTES [1] RCW 48.30.230, making insurance fraud a crime, provides: Any person, who, knowing it to be such: (1) Presents, or causes to be presented, a false or fraudulent claim, or any proof in support of such a claim, for the payment of a loss under a contract of insurance; or (2) Prepares, makes, or subscribes any false or fraudulent account, certificate, affidavit, or proof of loss, or other document or writing, with intent that it be presented or used in support of such a claim, is guilty of a gross misdemeanor, or if such claim is in excess of one thousand five hundred dollars, of a class

1998NOTES [1] RCW 48.30.230, making insurance fraud a crime, provides: Any person, who, knowing it to be such: (1) Presents, or causes to be presented, a false or fraudulent claim, or any proof in support of such a claim, for the payment of a loss under a contract of insurance; or (2) Prepares, makes, or subscribes any false or fraudulent account, certificate, affidavit, or proof of loss, or other document or writing, with intent that it be presented or used in support of such a claim, is guilty of a gross misdemeanor, or if such claim is in excess of one thousand five hundred dollars, of a class

21998–1998
Sound Infiniti, Inc. ex rel. Pisheyar v. Snyder green
wash · 2010
1 sentence

2024Sound Infiniti, 169 Wn.2d at 208-09 .

12024–2024
Bering v. Share green
wash · 1986
2 sentences

2015But the right to free speech and to petition do not extend to abusive speech or a petition raising a false claim of fraud as a device to harass the applicant.34 None of the cases cited by Guthrie provide constitutional protection for her conduct as found by the trial court: • contacting Zaratkiewicz's former community college in a purported official capacity and asserting that his transcript was fraudulent; • contacting the Veteran's Administration and Social Security Administration (SSA) and asserting that Zaratkiewicz filed a fraudulent claim for disability benefits; • contacting an American

2015But the right to free speech and to petition do not extend to abusive speech or a petition raising a false claim of fraud as a device to harass the applicant.34 None of the cases cited by Guthrie provide constitutional protection for her conduct as found by the trial court: • contacting Zaratkiewicz's former community college in a purported official capacity and asserting that his transcript was fraudulent; • contacting the Veteran's Administration and Social Security Administration (SSA) and asserting that Zaratkiewicz filed a fraudulent claim for disability benefits; • contacting an American

12015–2015
State v. Dent green
wash · 1994
2 sentences

1997State v. Dent, 123 Wn.2d 467, 479 , 869 P.2d 392 (1994).

1997State v. Dent, 123 Wn.2d 467, 479 , 869 P.2d 392 (1994).

11997–1997

Where else courts name it

CA 56 (1904–2026) TX 16 (1988–2023) NY 16 (1921–2025) MI 14 (1948–2023) IL 14 (1948–2025) WA 11 (1995–2024) NM 10 (1977–2019) PA 9 (1936–2015) NJ 8 (1957–2019) WI 7 (1981–2025) AL 6 (1949–2004) NC 6 (1931–2021) MA 6 (1911–2018) FL 5 (1980–2013) OH 5 (1905–2017) MD 5 (1945–1995) CT 4 (1986–2003) MN 4 (1965–2018) UT 3 (1986–2022) VT 3 (1883–2005) LA 3 (1916–1964) IN 3 (1910–2002) VA 3 (2004–2025) MT 3 (1963–2006) OR 3 (1942–2022) MO 3 (1897–1952) OK 3 (1922–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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