BENSON

v.

CALIFORNIA

Citator

Cited By (17 total)

• State v. Mark Marks, P.A., 698 So. 2d 533 (Fla. 1997)
  …ade pursuant to an insurance policy with the intent to defraud. Cf. People v. Benson, 206 Cal.App.2d 519, 23 Cal.Rptr. 908, 916-17 (1962)(finding statute similar to section 817.234(1) applied to every person who had intent to defraud), cert. denied, 374 U.S. 806, 83 S.Ct. 1691, 10 L.Ed.2d 1030 (1963), disapproved on other grounds, People v. Perez, 62 Cal.2d 769, 44 Cal.Rptr. 326, 401 P. 2d 934 (1965). “Any claim” necessarily includes claims made by third parties during settlement negotiations, as was the ea…
• State v. Mark Marks, P.A., 654 So. 2d 1184 (Fla. 4th DCA 1995)
  …man is not controlling in Florida. We find persuasive two California cases which have applied that state’s insurance fraud statute to attorneys of third parties. In People v. Benson, 206 Cal.App.2d 519, 23 Cal.Rptr. 908 (2d Dist.1962), cert. denied, 374 U.S. 806, 83 S.Ct. 1691, 10 L.Ed.2d 1030 (1963), the attorney defendant claimed he could not be convicted under that state’s insurance fraud statute since neither of his clients had a contract with the insurance companies.6 The court noted that although a ju…
• Kahan v. Rosenstiel, 424 F.2d 161 (3d Cir. 1970)
  …8th Cir. 1928); 6J Moore, Federal Practice ¶ 54.77 [2] (2d ed. 1966). In his brief, the plaintiff in the present case relies heavily on Taussig v. Wellington Fund, Inc., 187 F.Supp. 179 (D.Del.1960) aff’d, 313 F. 2d 472 (3d Cir. 1963) cert. denied, 374 U.S. 806, 83 S.Ct. 1693, 10 L.Ed.2d 1031 (1963). Taussig was a declaratory judgment action filed by minority shareholders of Wellington Fund to determine the ownership of the name “Wellington”. Wellington Fund, the nominal defendant in the derivative suit,…