Commonwealth v. Goodson, 28 WAP 2010 (Pa. 12/21/2011) (6 pages)
In a bit of amusing doggerel, Justice Eakin made the point that an insurance claimant does not commit insurance fraud in violation of 18 Pa.C.S. §4117 (a)(2) when, after making a lawful demand for payment of an insurance claim, and receiving a check in an amount far less than the claimant hoped, the claimant forged a check and then cashed it against the insurer’s account for what the claimant deemed a far more acceptable amount. On de novo, plenary review of sufficiency of the evidence to sustain the conviction, the Court found the law punished fraud in making a claim against an insurance company, and not in forging its checks. Mr. Goodson’s convictions for theft and forgery stood, unchallenged.
The case can be found here.