Monthly Archives: January 2012

Arson For Profit

        “Who Got Caught?” with Barry Zalma  In the latest edition of “Who Got Caught?” Barry Zalma, Internationally recognized insurance lawyer, consultant and expert wetness, comments on “Arson for Profit” and the untimely death of an amateur … Continue reading

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APPRAISAL

TRIAL COURT MUST CONTROL FIRE POLICY APPRAISAL FUNCTION California Insurance Code section 2071 sets forth the California standard form fire insurance policy. It includes a provision requiring the insurer and the policyholder to participate in an informal appraisal proceeding in … Continue reading

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ATTEMPT TO AVOID MCCARREN FERGUSON FAILS

DEPARTMENT OF LABOR SEEKS PRIORITY ON INSURER INSOLVENCY The New Hampshire Supreme Court was asked to resolve a dispute between the state and the U.S. Department of Labor (DOL) that sought priority to the assets of the insolvent Home Insurance … Continue reading

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What Is “Use” of An Auto?

Insurance is Not A Remedy For Every Wrong In Chanson Roque and Shannon Isenhour v. Allstate Insurance Company, 2012 COA 10 (Colo.App. 01/19/2012) the appellate court was asked whether exiting a car and then engaging in intentional misconduct breaks the … Continue reading

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Incompetent Arsonist Will Serve Four Years

Successful Arson Requires Skill The California Court of Appeal was asked to reverse a conviction for arson and insurance fraud, both five year felonies, because of what was claimed to be evidentiary errors. After a several week jury trial, Jasen … Continue reading

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INSURERS SHOULD NEVER PAY MORE THAN THEY OWE

IF INSURER FRONTS “SIR” TO SETTLE IT IS A VOLUNTEER Axis Specialty Insurance Company (“Axis”) sued The Brickman Group Ltd., LLC (“Brickman”), alleging, among other claims, breach of contract for Brickman’s failure to repay funds Axis expended in settling a … Continue reading

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Who Got Caught With Barry Zalma on WRIN.tv

Barry Zalma on “Who Got Caught?” “Who Got Caught” with Barry Zalma  Barry Zalma has joined World Risk and Insurance News with his first program, Who Got Caught. In this first edition of Who Got Caught?, Barry Zalma comments on … Continue reading

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Policy Limitations Must Be Open and Obvious

TO LIMIT UIM COVERAGE THE INSURED MUST BE WARNED Plaintiff Timothy F. Long (Long) appealed from the summary judgment dismissal of his declaratory judgment action seeking underinsured motorist (UIM) coverage under his personal automobile insurance policy, issued by defendant Mercury … Continue reading

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When a Release is Not a Release

General Release Applied Differently From Limited Release Frank Caballero (Caballero) signed a release when he left employment with Phoenix American Holdings (Phoenix) after which he filed a six count complaint against Phoenix.  Phoenix obtained a summary judgment and Caballero appealed. … Continue reading

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Medicaid Lien Enforced

Medicaid Recipients Not Entitled to Double Recovery Two Medicaid recipients obtained a judgment against a tortfeasor for the death of a child who was a Medicaid recipient who paid for the child’s medical care before she died. Medicaid, through its … Continue reading

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State Supporters of Terrorism Must Pay Insurers

Judgment for Insurers Against Syrian Government Several insurers who paid for an airliner after a 1985 highjacking sued state sponsors of terrorism to recover, in subrogation, what they had to pay the owners of the airliner destroyed by terrorists. In … Continue reading

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HE WHO REPRESENTS HIMSELF HAS A FOOL FOR A CLIENT

IGNORANCE IS CURABLE STUPID IS FOREVER The Texas Court of Appeal was called upon to deal with a workers’ compensation claim and suit brought by a party who filed pro se (acting as his own lawyer) in McClennon Cook v. … Continue reading

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Zalma on Diminution of Value Damages — 2012

Zalma on Diminution of Value Damages — 2012 (c) 2012 by Barry Zalma & ClaimSchool, Inc. This is the 2012 edition of Zalma On Diminution In Value Damages. It has been totally rewritten with more than 240 pages of new … Continue reading

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The Obvious is True in Ohio — Arson is an Excluded Intentional Act

DELIBERATELY SETTING FIRE IS EXCLUDED As I have said many times before insurance is a contract where an insurer agrees to indemnify the persons insured against contingent or unknown events. When one deliberately sets fire to a house, pleads guilty … Continue reading

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Millions Lost by Failing to Object to Instruction at Trial

INVITED ERROR The California Court of Appeal was called upon to resolve an issue relating to what it called “the esoteric subject of reinsurance.” Rather than resolving the “esoteric” issue the California Court of Appeal, in Transport Insurance Company v. … Continue reading

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Abuse of Drugs Not an Accident

Burden On Insured to Prove Accidental Death The Kentucky Court of Appeal was asked to resolve the dispute Melissa Slone Hastings (Slone), who appealed from a summary judgment of a trial court in favor of Modern Woodmen of America (Modern … Continue reading

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Coverage Denied

“In The Business Of” Language Not Ambiguous The Indiana Supreme Court was called upon to resolve a dispute between an insurer and a local youth soccer team. The players on the youth soccer team sought to recover under the state … Continue reading

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Measure of Damages is Fair Market Value

Insurance Only Pays Indemnity A theft occurred at the business office where Donna Summers conducted her marketing and graphic design business. The computer on which Summers’s work product was stored was stolen. In the process of investigating Summers’s claim, her … Continue reading

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ALL PARTS OF VEHICULAR UNIT COVERED

Test of Coverage is Causal Connection The South Carolina Court of Appeal was called upon to decide whether the insurance carried on a motor home and insurance on the automobile it was towing are both required to respond to defend … Continue reading

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Subrogation Successful

Faulty Workmanship is Not an “Occurrence” But the Damage it Does Is an Occurrence The Wisconsin Court of Appeal was called upon to resolve a dispute that arose out of damages suffered by VPP Group, LLC the grew from construction … Continue reading

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The Need For A Tort

Agent Sued Because of Misrepresentation of Another Out of Luck The California Court of Appeal was called upon to determine if an insurance agent sued for a tort he did not commit could successfully sue those who used his name … Continue reading

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Zalma on Rescission of Insurance In California

The following is from the introduction to my e-book, Zalma on Rescission of Insurance in California that is available at http://www.zalma.com/rescission.htm. Rescission Rescission is an equitable remedy as ancient as the common law of Britain. When the United States was … Continue reading

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NONEXCLUSIVE AGENT IS AN INDEPENDENT CONTRACTOR

New California Law Should Concern to Insurers and Insurance Agents Effective January 1, 2012, a new California law, adding Sections 226.8 and 2753 to the California Labor Code, creates large penalties for employers who “willfully” classify workers as independent contractors … Continue reading

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Insurance Fraud

The following is an excerpt from the introduction to the e-book, “Insurance Fraud” available, along with other e-books written by Barry Zalma, from ClaimSchool at http://www.zalma.com/Zalmabooks.htm. Insurance Fraud Is Epidemic Insurance fraud continually takes more money each year than it … Continue reading

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DO NOT SUE AFTER YOU SETTLE

A RELEASE SHOULD BUY PEACE The Tennessee Court of Appeal was called upon to resolve a dispute between an insured and his insurer that became a lawsuit only after the insured settled his uninsured motorist claim with the insurer. In … Continue reading

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Primary Limits Must Be Exhausted

Contracts Must Be Read and Understood Before Signing Insurance is nothing more than a contract. People who enter into contracts without first reading and understanding the contract and how it applies to other contracts are asking for trouble, inconvenience and … Continue reading

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Nevada Adopts Efficient Proximate Cause Doctrine

No Coverage for Rain Damage The Supreme Court of Nevada reviewed a district court summary judgment in favor of the insurer in an insurance coverage action to determine whether the damage caused the insured resulted from a covered cause of … Continue reading

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Zalma’s Insurance Fraud Letter — January 1, 2012

FRAUD WILL HAVE A HAPPY NEW YEAR Zalma’s Insurance Fraud Letter (ZIFL) and I wish each reader or ZIFL a happy, prosperous and pleasant new year. If you or your client face a potential insurance fraud, an insurance coverage issue … Continue reading

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