Monthly Archives: November 2011

NO GOOD DEED GOES UNPUNISHED

Breach of Contract Alone is Not “Bad Faith” More often than not first party property insurance adjusting is easy: the insurer and the insured agree on the amount of loss, the claim is paid promptly and everyone leaves the situation … Continue reading

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The Eight Corners Rule Strikes Again

If You Want Your Defendant Covered by Insurance Carefully Plead Your Complaint In states like Connecticut, the eight corners rule applies to determine coverage for defense. The rule looks only to the four corners of the policy at issue and … Continue reading

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Don’t Sell what you don’t Know

Commit Fraud — Lose Your License An experienced insurance agent lost his license because he sold something he knew nothing about. Insurance agents and brokers should limit themselves to that which they know – insurance. When they deal in securities … Continue reading

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Have a Wonderful Thanksgiving

I’m done for the week. Please enjoy your family, have a wonderful Thanksgiving, and a relaxing holiday giving thanks for all the good things that have happened this year. I will try to do the same and avoid Black Friday … Continue reading

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Cleveland Indians Lose In Michigan

Agent Owes No Duty to Additional Insured An insurance coverage dispute arose out of an underlying wrongful-death action currently pending in Ohio State Court. National Pastime Sports, LLC (“NPS”) sued an independent insurance agency, CSI Insurance Group (“CSI”) and also … Continue reading

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Estoppel Requires Affirmative Action by the Insurer

Statute Of Limitations Applies Everyone who has a cause of action against another for bodily injury or property damage must sue to protect the right or lose the right to obtain damages. When an insurer is involved the insurer will … Continue reading

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Agent Has No Duty to Acquire Insurance Not Requested

You Only Get What You Ask For Insurance brokers transact insurance with, but not on behalf of insurers. They act to obtain the insurance requested by the insured unless they take on, specifically, a special duty to obtain the insurance … Continue reading

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What is Insurance?

What Is Insurance? Simply click on this link to view the video. This is a video definition of insurance.

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INSURER IS ENTITLED TO PORTION OF TORT RECOVERY

Victim Of Tort And Workers’ Compensation Insurer Must Share Recovery From Tortfeasor Fairly And Equitably When an employee in Nebraska incurs a compensable injury under the workers’ compensation law the insurer is entitled to a fair and equitable share of … Continue reading

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Insurance Criminal Unsuccessfully Sues His Lawyer After Conviction

Insurance Fraudster Has No Loyalty Lawyers who represent insurance fraud perpetrators in criminal proceedings and do not win are not limited to a client who is a proven criminal. They must also defend themselves from allegations of malpractice by the … Continue reading

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Insurance Agent Fraud

Trusted Insurance Broker Steals From Friends, Relatives and fellow Congregants Nine Years in Prison   Walter Marion Williams pleaded guilty to one count of mail fraud, in violation of 18 U.S.C. § 1341, and was sentenced to a term of … Continue reading

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Insurance Contract Interpretation

It is Time to Return Common Sense to The Interpretation of an Insurance Contract In the United States insurance, as a contract, must be interpreted by certain rules of contract interpretation. Ambiguities in insurance contracts are by a great weight … Continue reading

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“Zalma on Insurance” Named by LexisNexis as one of the top 50 Insurance Law Blogs

Barry Zalma reports that he has posted more than 274 articles on his blog “Zalma on Insurance” http://zalma.com/blog which will act as a daily supplement to his new e-book “Zalma on Insurance” has been named by LexisNexis as one of … Continue reading

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Coverage Is Controlled by Pleadings in Illinois

Plaintiffs’ Lawyer Must Understand Insurance The interpretation of insurance coverages varies from state to state with regard to duty to defend. Some courts only look to the four corners of the policy to make a determination. Others look to the … Continue reading

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Insurance Company Decision Admitted in Criminal Case

Criminal Defense Lawyers Need to Know Insurance Insurance issues often arise in criminal cases but not so often in a case relating to manslaughter. The Texas Court of Appeal was called upon to determine if it was improper for when … Continue reading

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Happy Veterans Day

The USA Tried to Use Statute of Limitations to Deprive a Veteran of Benefits For everyone who served — thank you for allowing those who did not the freedom to earn a living and live free. Since the First World … Continue reading

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I’m Off for A Few Days

I will be speaking to the Investigative Engineers Association Convention in Las Vegas tomorrow so there may not be post on this blog for a few days. Enjoy life and to all my fellow veterans have a great holiday weekend.

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Marijuana and Insurance Don’t Mix

THERE CAN BE NO THEFT WITHOUT CRIMINAL INTENT Several years ago citizens of California passed an initiative now known as “California’s Medical Marijuana law.” Many other states followed suit. Those who voted for medical marijuana laws, in good faith, but … Continue reading

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SOUTH CAROLINA CHANGES ITS MIND ON CONSTRUCTION DEFECTS

Ensuing Property Damage Caused By Defective Construction is A Covered Occurrence Sometimes, when an insurance company wins a declaratory relief action brought by an insured it is cause for celebration. In South Carolina celebration was short-lived because even a win … Continue reading

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SUBROGATION MUST BE PURSUED

Who’s On First? He Who Contracts Is Responsible When a builder contracts to do work the builder makes promises to the owner not the least of which is to perform services skillfully, carefully, diligently, and in a workmanlike manner. Failure … Continue reading

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Expert Report Can Be Expanded at Trial

Expert Report Is a Tool For Litigation It May Not Be Used To Handcuff An Expert Federal rules of civil procedure require every expert to present a report that sets forth the opinions he or she intend to present at … Continue reading

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Chutzpah & Fraud

Zalma’s Insurance Fraud Letter  November 11, 2011 Continuing with the twenty first 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 266 articles on his … Continue reading

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