the main thing
An insurer, a craftsman and a contractor were tried and convicted on Thursday, May 12, in the Auch Correctional Court for attempted fraud and fraudulent alteration of the truth in a letter to an insurance company after a hail episode. .
The hearing, presided over by Philippe Romanello, opened at 1:30 p.m., this Thursday, May 12, at the Auch Correctional Court. Among the cases tried was a case of insurance fraud. Two defendants were appearing today. The third, with work obligations, was represented by his lawyer. The events took place from December 1, 2020 to March 30, 2021 in Auch. The victims in this business: a craftsman and a famous insurance company.
It all starts at the end of 2018, the weather is capricious, the hail falls on a building owned by Joel *, a 51-year-old entrepreneur. The roof of the building, a farmhouse, was damaged. He reported the claim on July 5 to his insurer. After that, an expert is mandated to ascertain and quantify the extent of the damage at around € 40,000.
Two accomplices and a false invoice
An immediate allowance of approximately € 18,720 was granted at the end of the year. It was to be followed by a deferred payment on remittance of the roof repair work. But this compensation is late for Joel, while he still has not provided a bill. In fact, in the event of a claim, certain contracts contain an imposing clause to ensure that the repair or reconstruction is well within two and to receive this celebrity a different indemnity. It was not Joel, who finally decided to take matters into his own hands.
He contacts his insurer, with whom he is also a friend, to ask where the procedure is. “It’s not because he’s friends with him that he’s trying to find solutions. But because he was likely to incur professional liability, ”the lawyer for the accused victim of the accident pointed out, referring to the insurer. The latter will in fact advise Joel to obtain a recent invoice from an artisan in order to unblock these allowances.
“I wanted to serve”
It is in this phase that the third defendant intervenes, an artisan in whom a colleague has accidentally forgotten a manufacturer. At the request of Joel and the insurer, he writes an invoice. He stated during a hearing that the insurer had explicitly asked him to triple the amount indicated on the invoice. It runs and stamps the paper with the manufacturer’s owner’s stamp. “I wanted to serve,” he told the bar.
“I said it’s not possible, it will never happen”
The insurance company received the document in January 2021. But in view of the abnormally high amount and a late invoice, she contacted the artisan (whose invoice is in the name, ed.). He states that he has never issued an invoice and realizes that one of the records is missing from his invoice. He decides to file a complaint. The insurer, the contractor and the artisan are involved. This is followed by custody and hearing. The insurer, on the other hand, does not acknowledge the facts and disputes the remarks of the other two defendants. For him, there is a “misinterpretation” of the proposal.
The contractor and the insurer were sentenced to several months probation and a 2-year ban from doing so. The two defendants also received fines of 5,000 euros (naked 3,000 and 2,000 euros with suspension).