Bismarck Couple Can’t Get Story Straight: Accused of Fraud

Back in March, a Burleigh County woman told a judge a story about how she crashed her Chevy Suburban into her husband’s Chevy Impala. Both ended up at someone else’s house, but not for what people would normally call a visit.  Her Suburban crashed  into the side of the house and the Impala ending up in the home’s front yard.

“Me and my children were chasing our rent money,” Bowen-Davis said in court on March 29. She also said, “I can’t lie and say it didn’t happen. It happened.”

According to The Bismarck Tribune and an affidavit from Dale Pittman, who is a special investigator with the North Dakota Insurance Department Fraud Unit, two days later the story changed. Ella Bowen-Davis told a Geico claims adjuster that her cars accelerator had gotten stuck and her husband, Gary Bowen, pulled out in front of her to slow her down.

The affidavit also noted that on March 29th, her husband told a Geico employee that his wife had chased him to get $800 he took from her and that she had rear-ended him on purpose. But on March 31st, his story changed as well, when he told a claims adjuster a similar story to his wife’s; that her accelerator had gotten stuck and he was unable to get out of her way.

Bowen-Davis and Bowen were charged on June 13th with Class C felony insurance fraud. They were then arrested the next day and made their first appearances in court on the afternoon of the 15th.

South Central District Judge David Reich set a bond of $5,000 cash for each of them. He also required that they get written permission to stay at local addresses if released on bond. Bowen-Davis was charged on March 29th with Class C felony reckless endangerment for allegedly causing the March 28th crash. She pled not guilty to that charge and is expected to appear in court again on June 20th. She had been free on a $2,500 surety bond.

Bowen-Davis is accused of chasing Bowen on March 28, when he left their home in his car. Bowen-Davis said her husband had taken their rent money. Witnesses saw the two vehicles go through two red lights. Bowen-Davis had three children younger than 11 years old in the back seat.

Witnesses stated that when Bowen attempted to turn, his wife struck the back of his car, sending both vehicles off the road. Bowen-Davis’ Suburban struck the north side of a house, and Bowen’s Impala ended up in the front yard.

In the affidavits that were filed in the cases, Pittman said a Geico fraud investigator reported the matter to the insurance department on April 20th. Pittman reviewed the police report and Geico’s investigation and interviewed witnesses.

Inconsistent statements given by the pair also included Bowen-Davis saying that she had previous mechanical issues and that her accelerator had been worked on by a Bismarck body shop. However, an employee at that body shop said that they had never worked on her vehicle.

The amount of the insurance claim in the case was $14,402.11, Pittman’s affidavit said.

Jeff Ubben, the State Attorney for Burleigh County, stated that this case is one of several insurance fraud cases against the couple that have been under investigation, and that three of the others are about to come to an end.

In one of the unrelated cases, it is alleged that they made unsupported claims about their home being destroyed by mold from a water leak. Ubben stated that they have been living in hotel rooms paid for by insurance.

“They’re living off of insurance money that is fraudulent right now,” he said. He indicated he is worried they will leave the area if the insurance money “dries up.”

Bowen-Davis stated that they have not done anything illegal. She said in court “I have proof of the mold.”

North Dakota Insurance Commissioner Adam Hamm said he hired Pittman in December of 2009 as a fraud investigator. Since then, there has been an increase in fraud referrals to Hamm’s department. In 2008, insurance companies referred 23 cases, followed by 48 in 2009, 98 in 2010 and 52 in 2011 so far. Hamm believes the increase is due to the downturn in the economy, combined with more willingness by companies and law enforcement agencies to report possible fraud since there is now a dedicated investigator.

Hamm said Pittman works with local law enforcement agencies and prosecutors to investigate referrals from the insurance companies. It is up to state’s attorneys to determine whether to file charges. Since Pittman started at the insurance department, charges have been filed in 11 cases and many other cases remain open.

Hamm said that in North Dakota alone insurance fraud raises the average home or automobile insurance premium by $300 a year. With 83 reports in the past four years, automobile insurance fraud accounts for the largest number of reports. It is followed by homeowner’s insurance fraud with 34 reports, agent misconduct with 17 reports, and health insurance with 16.

“It costs the consumers of this state so much money,” he said.