Commonwealth v. Jerome12/17/2002
Middlesex.
February 13, 2002
Insurance, Motor vehicle insurance, Fraud and concealment. Motor Vehicle, Insurance. Fraud.
After a bench trial, the defendant, an attorney, was convicted of motor vehicle insurance fraud under G.L. c.266, 111B, in connection with a claim submitted by him on behalf of a client, Celies Dessin, to Arbella Mutual Insurance Company that arose out of an automobile accident in which Dessin was involved on November 2, 1993. The defendant asserts that the evidence was insufficient for conviction, and that accordingly it was error to deny his motion for a required finding of not guilty. After an examination of the evidence in the light most favorable to the Commonwealth, see Commonwealth v. Cordle, 412 Mass. 172, 173 (1992), we conclude that the evidence was not sufficient to prove beyond a reasonable doubt that the defendant, intending to injure, defraud, or deceive the insurer in connection with a motor vehicle claim, knowingly presented to the insurer a false or fraudulent statement or representation material to that claim. See Commonwealth v. Charles, 428 Mass. 672, 683 n.8 (1999).
1. The evidence. We summarize the evidence. Celies Dessin, a driving instructor and the head of an automobile school, claimed involvement in nine vehicle accidents between April, 1990, and January, 1994. Following the first of these accidents, which took place on April 5, 1990, Dessin, alleging neck and back injuries as a result of the accident, filed a claim for lost wages and personal injury protection under a policy issued by Travelers Insurance Company (Travelers) to Dessin's auto school. The defendant did not represent Dessin with respect to this claim.
The second accident occurred on June 5, 1990, and resulted in another claim by Dessin under the same policy, alleging injuries to Dessin's neck, back and right shoulder. Dessin was represented by the defendant for the first time in connection with this claim. On November 15, 1990, a representative of Travelers interviewed Dessin. Attorney Edward Lang, then the defendant's associate, attended the interview with Dessin. On this occasion, Dessin admitted that he had not brought the injuries arising from the April 5, 1990, accident to the attention of medical providers who treated him for the June 5, 1990, accident, and thus he received overlapping treatment for similar injuries. Following the interview, Mr. Lang sent written notice to Travelers that the defendant's law office would no longer represent Dessin "due to his failure to disclose relevant accident history to [the defendant's] office." It was stipulated that the defendant was aware that Mr. Lang had withdrawn the office from the representation of Dessin in connection with the claim for the June 5, 1990, accident.
Dessin was involved in automobile accidents on February 22, 1991, and November 30, 1991. He was not represented by the defendant in connection with those accidents, nor was there evidence that the defendant was aware of them.
Dessin next alleged that he was in an accident on February 4, 1992, at which time he reported chest, back, left shoulder and left knee injuries. His initial treatment for this accident was at Somerville Hospital. The hospital's patient record indicates that Dessin reported that he had no past medical history. He then treated with Dr. Joel Charles of the Charles Chiropractic Office who, in response to an inquiry whether Dessin's condition would result in a permanent defect, reported that "there always remains the possibilities of at least [five per cent] permanent impairment in injuries such as these," and rated the patient "for permanent impairment of whole person at [five per cent]
Page 1 2 3 4 5 6 7 8 Massachusetts Personal Injury Attorneys
Personal Injury Lawyers
|