Newman

Appellant and defendant Arthur Newman appeals from his conviction following a jury trial of submitting a false or fraudulent claim for payment of a loss (Ins. Code, § 556, subd. (a)(1)) 1 and preparing, making, or subscribing a writing in support of a false or fraudulent claim for payment of a loss (Ins. Code, § 556, subd. (a)(4)). 2 Appellant contends that there was insufficient evidence to support his conviction. We conclude that the evidence was insufficient to support appellant’s conviction because a claim for payment for contractual services rendered to a health maintenance organization is not a claim for payment of a loss within the meaning of Insurance Code section 556. We reverse.

*386 Procedural History

In a three-count information, appellant was charged with grand theft by embezzlement (count I), submitting a false or fraudulent claim for payment of a loss (count II), and preparing, making, or subscribing a writing in support of a false or fraudulent claim for payment of a loss (count III). Appellant pled not guilty. Appellant’s motion to dismiss pursuant to Penal Code section 995 was granted as to the grand theft charge. Trial was by jury as to counts II and…