Monthly Archives: February 2012

A “COLOSSUS” OPINION

Fraudulent Use of “Expert Software” Not Insured by CGL For years many insurers licensed a software program known as Colossus® to assist their claims personnel in evaluating the settlement value of bodily injury claims. It was hoped that Colossus would allow … Continue reading

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Abuse of Child Unambiguously Excluded

“Care” Does Not Require Physical Control The First Circuit Court of Appeals was asked to resolve an insurance coverage issueconcerning the abuse of an eleven-year-old child (the child) in Valley Forge Insurance Co., American Casualty of Reading v. Carol Field, … Continue reading

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Sarah Zalma – 100-Years-Old and Counting

 Not Insurance Yesterday more than 50 family and friends gathered at the residence hotel where my mother lives to celebrate her birthday. I gave a short talk about her life and history that deserves to be published.  So the following … Continue reading

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I Don’t Need Your Stinkin’ License

A Crime is Only a Crime If Prosecuted Lawyer Violating Criminal Statute Not Prosecuted I, like most modern lawyers with modern computers and printers, use a template for a letterhead rather than having one professionally engraved and printed. The problem … Continue reading

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The Grim Reaper Pays Nothing

Body Lost — Suit Follows The U.S. District Court for the Eastern District of Michigan was asked to grant Defendant Netherlands Insurance Company’s Motion for Summary Judgment. Plaintiffs filed suit for declaratory relief and seek coverage under a cemetery’s insurance … Continue reading

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Just for Fun

The Case of the Art Flambé The following story is from my E-book “Heads I Win, Tails You Lose” available at http://www.zalma.com/zalmabooks.htm and for continuing education credit from A. D. Banker Co., http://www.adbanker.com.  This story is fiction, the people identified … Continue reading

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USE OF MOTOR VEHICLE EXCLUSION

Serious Injuries Seek to Stretch the Law Carbon Dioxide Poisoning Two houseguests suffered serious injuries after their host left her car running overnight in an attached garage and the house filled with carbon monoxide. The Connecticut Supreme Court was asked, … Continue reading

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When Is A Vehicle Uninsured

Uninsured Government Vehicle Nealey Michelle Malham appealed a take-nothing judgment in her suit for benefits under an uninsured motorist coverage provision contained in her Texas Personal Auto Policy issued by Government Employees Insurance Company (“GEICO”) in Nealey Michelle Malham v. … Continue reading

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Insurance is a Contract That Can Only Be Entered Into Freely

Insurance Contract By Compulsion from the State Is Not Enforceable Health Insurance and Religion Opinion by Barry Zalma Government health insurance programs like the 2200 page law euphemistically called “Obamacare” or the program for the elderly called Medicare have no … Continue reading

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Zalma’s Insurance Fraud Letter — 02-15-2012

INSURANCE FRAUD – AN EQUAL OPPORTUNITY CRIME In this, the fourth issue of the 16th year of of publication with ZIFL reports on the crime of insurance fraud perpetrated by people from every race, religion, and national origin. ZIFL reminds … Continue reading

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State Farm Paid Too Much and Was Still Sued

Can’t Stack Underinsured Motorist Claims In Illinois When There is only One Underinsured Motorist Insurer   The Illinois Court of Appeal was called upon to determine whether the trial court properly granted summary judgment in favor of State Farm Mutual … Continue reading

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Zalma on World Risk & Insurance News

Get the latest World Risk and Insurance News… EQECAT estimates damages from an earthquake in the Philippines. Rate increases in Australia were not enough to offset claims trends. Willis says it could be a difficult year ahead for mining business. … Continue reading

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Arson and Insurance Fraud Convictions Upheld

ARSON FOR PROFIT FAILS John Plotts appealed the judgment of the Court of Common Pleas of Van Wert County, Ohio that convicted him of arson, aggravated arson, and insurance fraud. On appeal, Plotts contended that the trial court erred by … Continue reading

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CLEAR INSURANCE POLICY LANGUAGE MUST BE APPLIED

CAN AN INSURER BE HELD LIABLE FOR PERIODS OF RISK IT NEVER CONTRACTED TO COVER? The Issues An insurer sought a declaratory judgment that it was required to indemnify its insured for no more than 40 percent of a state … Continue reading

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ARBITRATION AGREEMENT ALWAYS WAIVES RIGHTS

An Arbitration Agreement is Binding North Star Taxi, Inc. (North Star) challenged the district court’s confirmation of an arbitration award, arguing that the arbitrator misapplied the law and that judicial review of the award is warranted. In North Star Taxi … Continue reading

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Zalma on Insurance

Zalma on Insurance The E-Book © 2011 Barry Zalma Every lawyer retained to prosecute or defend a civil suit should begin the representation with efforts to find insurance coverage for the benefit of the client. Indeed, a lawyer that does not … Continue reading

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Financial Institution Bond Claim Fails

Defrauded Banks Seek Recovery From Their Failure of Due Diligence A Group of banks asked the Minnesota Court of Appeal to overturn a summary-judgment that determined that the banks loan losses arising out of a financial-misrepresentation scheme were not covered … Continue reading

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Box Fell off Truck — UM Coverage Found

“ARISING OUT OF” MEANS CAUSALLY CONNECTED NOT THE PROXIMATE CAUSE OF INJURY Box Falling Of Truck Causally Connected to Injury After a box fell off an unidentified truck Larry G. Squires (Squires) attempting to avoid the box crashed and was … Continue reading

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Insurers Have The Unquestioned Right To Select Whom They Will Insure

State Attempts to Compel Insurer To Take Risks It Does not Want to Take Insurance is a risk taking business. To effectively and intelligently make decision on which risk to take and which risk to refuse an insurance underwriter relies … Continue reading

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CGL Only Insures Against Tort Liability

VIRGIN GROUND The First Circuit Court of Appeal was called upon, applying the law of Puerto Rico, whether a CGL policy provided coverage to an insured for claims that sounded in contract rather than in tort. The issue had never … Continue reading

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Prosecutors and Courts Are Taking Insurance Fraud Seriously

Zalma’s Insurance Fraud Letter — February 1, 2012 With the third issue of the 16th Year of publication, Zalma’s Insurance Fraud Letter  (ZIFL) reminds each of you that both trial an appellate courts are starting to take insurance fraud seriously. … Continue reading

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