Monthly Archives: September 2011

Fighting Fraud Requires Good Faith

October 1, 2011 Issue of ZIFL Now Available FREE Continuing with the nineteenth issue of the 15th Year of publication of Zalma’s Insurance Fraud Letter (ZIFL) its author, Barry Zalma, reports that he has posted more than 239 articles for … Continue reading

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Insurance Fraud Conviction Upheld in Ohio

Arson for Profit Fails An arson for profit, to be profitable, must be well though out and prepared. Most amateur arsonists believe that a fire will destroy everything in a house and leave no evidence. Because of that amateur arsonists … Continue reading

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Avoid Litigation By Thorough Communication

Condo Association Must Communicate With Its Members About Insurance People who live in condominium associations are similar to a family made up of people unrelated by blood or marriage. Like all families it is almost impossible to reach a consensus … Continue reading

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An Installment Fee Is Not a Premium

Insurance Takes Certain Enumerated Risks Many insurers allow people they insure to pay either the full amount of the premium at inception or to pay in monthly installments. For those who pay in monthly installments the insurers charge the insured … Continue reading

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Eight Corners Rule Defeats Coverage for Intentional Global Warming

Intentional Torts Can’t Be an “Occurrence” Liability insurance, by definition, only insures against fortuitous events. An intentional tort, standing alone, can never be fortuitous since an intentional tort requires the tortfeasor to intend the action and the resulting damage. In … Continue reading

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Wager On Life Is Void

Insurance Requires Insurable Interest It is the essence of insurance that for insurance to exist the person insured must have an insurable interest in the property or life insured. Life insurance insurable interest can be defined as an interest based … Continue reading

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When Proof Of Fraud Exists — Defend

Admission of Fraud Should Not Be Kept From Trier of Fact Sometimes courts try too hard to protect litigants against insurance companies. When an insurer obtained evidence, clear and unambiguous, that an action by a health care provider had billed … Continue reading

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Just For Fun

The story that follows is based on fact. It is, however, a work of fiction. The names, places and descriptions have been changed to protect the guilty. Any resemblance to real people is purely coincidental. This story was written for … Continue reading

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Zalma On Insurance Nominated

Please Vote For Zalma on Insurance Each year, LexisNexis honors a select group of blogs that set the online standard for a given industry.  I’m pleased to notify you that your blog is one of the nominated candidates for the … Continue reading

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The Eight Corners Rule Is Unfair

Texas Court of Appeal Avoids Unfair Eight Corners Rule The “Eight Corners Rule” and the “Four Corners Rule” of insurance contract interpretation followed in Texas and many other states will often result in strange and unfair decisions. When the decision … Continue reading

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When A Farm Is Not a Farm

Insurance is Limited to Risk Taken Farming is the operation of an agricultural or aquacultural enterprise. An operation in business for the production of food. When a farming operation includes a business that is not farming, the limitations of a … Continue reading

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Vermont Limits Recovery of Continuing Loss to Time on Risk

Pay Only for the Risk Taken In Vermont, a gas stations storage tanks leaked into the environment for at least 27 years. The state, who paid for the clean up of the pollutant sued Stonington Insurance Company (Stonington) to recover … Continue reading

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Fourth Circuit Refuses to Hear Challenge to Obamacare

When a “Penalty” is a Tax The multiple cases running through the Federal Courts as a result of the “Affordable Care Act,” also known as Obamacare, have raised multiple views about the constitutionality of the act. The latest iteration was … Continue reading

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Zalma on Insurance Makes Top 50

  The LexisNexis Insurance Law Community has placed “Zalma on Insurance” as one of the 50 top insurance blogs. LexisNexis notes that “Zalma on Insurance” is “[w]ritten by one of the most prolific insurance bloggers, Barry Zalma has more than … Continue reading

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California Court of Appeals Saves Lloyd’s Syndicate $12 Million

Policy Wordings Must Be Read and Applied Since posting this blog note the court of appeal ordered the case officially published.  http://www.metnews.com/sos.cgi?1011%2FH035246 California Court of Appeals Saves Lloyd’s Syndicate $12 Million Insurance policies are contracts that make promises to defend … Continue reading

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Fraud Continues Unabated

Zalma’s Insurance Fraud Letter September 15, 2011 Continuing with the eighteenth issue of the 15th Year of publication of Zalma’s Insurance Fraud Letter (ZIFL) its author, Barry Zalma, reports that he has posted more than 225 articles for this blog … Continue reading

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IT’S NOT NICE TO LIE TO YOUR INSURER — IT’S EXPENSIVE

Rescission is an Equitable Remedy When facts essential to a decision to insure or not insure a particular risk are misrepresented or concealed there is no basis for a contract of insurance and it can be, and should be, rescinded. … Continue reading

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Coverage Denied

All Losses Are Not Covered Contrary to the arguments of creative lawyers for policyholders who expect insurers to pay for every problem that an insured faces, all losses are not covered. Insurance policies are limited and only provide coverage for … Continue reading

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From the Supreme Court of Canada

Estoppel Denied in Canada On September 8, 2011 an application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C51114, 2010 ONCA 868, dated December 10, 2010, was dismissed with costs. Mr. Lamadeleine, the … Continue reading

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World Risk and Insurance News Launches

With Video News Report for Monte Carlo RendezVous Zalma on Insurance and I are pleased that Mr. Zalma has been allowed to participate in wrin.tv and ask that you click on the link, watch the initial programming and continue to … Continue reading

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No Inequitable Apportionment of Loss

Is Employer Liable Twice for Acts of Employee? THE ISSUES A person injured by someone driving a car in the course of employment may sue not only the driver but that driver’s employer. The employer can be sued on two … Continue reading

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Claims Made Policies

Report Potential Claims Immediately A claims made policy requires that for coverage to apply a claim must be made within the stated period of coverage. If the claim is first made before the inception of a policy the policy owes … Continue reading

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Good Faith Settlement Destroys Insurer’s Indemnity Rights

Equitable Indemnity Claims When a person or entity sued for tort damages believes that another is more responsible it will file a cross-complaint seeking equitable indemnity. In California a statute, designed to promote settlement of litigation, destroys all claims of … Continue reading

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No Right to Interest on Deposit Premium

No Right to Interest Right to Interest Must Be In Contract In an opinion not officially published the California Court of Appeal decided that an insured is not entitled to interest on a deposit premium paid to the California State … Continue reading

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Texas Eliminates Tort of Bad Faith for Most Workers’ Compensation Claims

Workers’ Compensation & Bad Faith Workers’ compensation is a remedy created by statute to allow employees to recover, without evidence of fault, for injuries incurred on the job. When the legislative system did not provide sufficient remedies to protect workers … Continue reading

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Ignorance Can Be Cured – Stupid is Forever

Insureds & Their Public Adjuster Nephew Punished for Adding to Damage After Legitimate Loss It is a statement of faith and a maxim of law that no insured should be allowed to profit from insurance fraud. Unfortunately, in normal practice, … Continue reading

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Catastrophes, Fraud, and Avoiding Liability

Zalma’s Insurance Fraud Letter September 1, 2011 Continuing with the seventeenth issue of the 15th Year of publication of Zalma’s Insurance Fraud Letter (ZIFL) Barry Zalma reports on how an insurer avoided liability for the fraud of an agent and … Continue reading

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