Monthly Archives: April 2011

>Arson for Profit

> Arson for Profit An E-Book Novel Only $5.00 © 2010 by Barry Zalma  Have you ever wondered why people burn down their homes? Did they intend to defraud their insurer to profit from an unsaleable house? Were they about … Continue reading

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>Sentence for Health Insurance Fraud Affirmed

>Jail for Up Coding Medical Services(c) 2011Barry Zalma Defendant Lorne Allen Semrau (“Defendant” or “Semrau”), following the jury’s guilty verdict returned June 17, 2010, was sentence by the District Court, Western District of Tennessee and reported as United States of … Continue reading

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>9th Reversed Again — Arbitration Act Controls on Class Action

>In AT&T Mobility v. Concepcion (No. 09-893), however, the Supreme Court today has held that the Federal Arbitration Act (FAA) preempts state-law rules that stand as an obstacle to the accomplishment of the FAA’s objectives, requiring the cases involved to … Continue reading

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>Common Sense Prevails

> Common Sense Prevails © 2011 Barry Zalma Insurance litigation often devolves the meaning of words with a vengeance that would try the patience of a Talmudic scholar. On occasion a court will see the light and make a decision … Continue reading

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>Rescission of Workers’ Comp Policy Affirmed

> Dispute Over Jurisdiction to Rescind Put to Rest by the Ninth Circuit A Federal court may decide rescission on a diversity case even if workers’ compensation is the only remedy for the injured employee. The Ninth Circuit, in United … Continue reading

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>Insurance Fraud History

>In 1991, in a case considered the largest of its kind, the U.S. Attorney’s Office in Los Angeles charged 13 defendants in a $1 billion false medical billing scheme that was headed by two Russian emigre brothers, Michael and David … Continue reading

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>Insurance Fraud Perpetrator to Stay In Jail

>(c) 2011Barry Zalma  Defendant Fredrick Jackson unsuccessfully appealed from the judgment entered following his no contest plea to insurance fraud and other felonies. The California Court of Appeal, in The People v. Fredrick Jackson, No. B226533 (Cal.App. Dist.2 02/23/2011) allowed … Continue reading

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>California Court of Appeals Reverses Trial Court, Says Insured Must Reimburse Insurer Who Settled Non-Covered Claim

>http://www.metnews.com/ The case is summarized at the link above. It is also worth reading the entire case. The court noted that there are three prerequisites to an insurer’s right to reimbursement from its insured when it paid a claim not … Continue reading

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>Ohio Supreme Court Limits “Arising Out of” Excludsionary Policy Language

> Ohio Supreme Court Limits “Arising Out of” Excludsionary Policy Language (c) 2011 Barry Zalma Courts are required to interpret insurance policies when there is a dispute between the insured and the insurer. The courts are not required to, nor … Continue reading

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>Heads I Win, Tails You Lose – 2011

> Heads I Win, Tails You Lose – 2011 This book started as a collection of columns I wrote and published in the magazines “Insurance Journal,” “Insurance Week,” and “The John Cooke Insurance Fraud Report” insurance trade publications serving the insurance … Continue reading

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>Duty to Identify the Insurer

>An Independent Adjuster/TPA client of mine was audited recently by the California Department of Insurance who cited them for violation of a little known statute, California Insurance Code Section 880. The statute provides, in simple and easy to understand language: … Continue reading

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>Rescission

>Rescission in 8th Circuit (c) 2011Barry Zalma Rescission is an equitable remedy treated differently in some states than others. It is available, when an insurer has been deceived into entering into a contract of insurance that it would not have agreed … Continue reading

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>The Truth, The Whole Truth And Nothing But the Truth — II

> An E-Book by Barry Zalma © 2009 Barry Zalma has rewritten his seminal work on interviewing as an e-book.  It provides materials to help everyone, whether a professional investigator, lawyer, insurance adjuster or news reporter or just someone who … Continue reading

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>The Need to Cooperate With Your Insurer

>     The Need to Cooperate With Your Insurer    (C) 2011    Barry Zalma The cooperation clause in every policy of insurance requires that an insured treat its insurer fairly and in good faith and not – without the permission of … Continue reading

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>Policyholder’s Failure Not Basis for Bad Faith

> Policyholders Should Accept Responsibility for their Errors (c) 2011 Barry Zalma It is the obligation of a person insured to purchase insurance sufficient to rebuild the property the risk of loss of which is insured. Insurance companies are only … Continue reading

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>Insurance Fraud

> Insurance Fraud An E-Book By Barry Zalma © 2010 Insurance fraud continually takes more money each year than it did the last from the insurance buying public. Estimates of the extent of insurance fraud in the United States range … Continue reading

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>A Policy Means What it Says in Louisiana

> A Policy Means What It Says In Louisiana (C) 2011 Barry Zalma When Plaintiff Ann Newman tried to drag in an additional insurer by means of a federal statute without facts to back up her claim she caused herself … Continue reading

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>Arson for Profit

>                    Have you ever wondered why people burn down their homes? Did they intend to defraud their insurer to profit from an unsaleable house? Were they about to be foreclosed? Did they catch a spouse in bed with another? Were … Continue reading

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>Punitive Damages and Taxes

>    Punitive Damages and Taxes    © 2011    Barry Zalma Much is said about punitive damages and how they are used to punish wrongdoers. Plaintiffs dream of large punitive damage awards. Plaintiffs’ lawyers who obtain large punitive damage awards use them … Continue reading

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>Utmost Good Faith Requires Full Disclosure from Prospective Insured

>In 1928 the U. S. Supreme Court made a decision important to every insurance buyer and insurer. It concluded that the covenant of good faith and fair dealing implied in every contract of insurance requires an insured to answer honestly … Continue reading

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>What is a “Warranty” in Insurance

>What is a “Warranty” in Insurance    © 2011    Barry Zalma Insurers have the right, seldom exercised, to limit their risk by placing warranties in their policies that state if the warranty is breached the policy is void as of the … Continue reading

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>Zalma on Diminution of Value Damages

> (c) 2010 by Barry Zalma & ClaimSchool, Inc. Introduction Since 2001 when the Georgia Supreme Court decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) I have written several articles concerning … Continue reading

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>Insurance Fraud Continues

>Continuing with the 15th Year of publication of Zalma’s Insurance Fraud Letter (ZIFL) reports on April 1, 2011 remediation protocols for Chinese Dry Wall; how Ohio’s Court of Appeal upheld a conviction for insurance fraud while a Texas Court of … Continue reading

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