People v. Parks

Following bench trial, Defendant was found guilty of one count of home repair fraud and one count of insurance fraud. Defendant was an employee of a fire restoration company who, with another employee, met with a homeowner whose home had been significantly damaged by fire the night before. Evidence was insufficient to support convictions; homeowner did not testify as to who told her that the company would start the reconstruction work soon, even before it was paid by her insurance company. Evidence failed to establish that Defendant was working as a public adjuster on the project, and it was unclear what representations he made to the homeowner about the project. State presented no evidence from which to conclude that Defendant was responsible for making a false or fraudulent insurance claim on homeowner's behalf with her insurance company.(GARCIA and LAMPKIN, concurring.)