Monthly Archives: June 2012

Claims Commandment XIV

Thou Shall Adjust This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I will not limit myself … Continue reading

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Claims Commandment XIII

Thou Shall Educate Yourself Continuously This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I will not … Continue reading

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Claims Commandment XII

Thou Shall Stay With A Claim This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I will … Continue reading

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It Is No Excuse that Victim of Fraud Could Have Discovered Fraud

Fraud In Inception Voids Coverage In California the Supreme Court held, in Barrera v. State Farm Mut. Automobile Ins. Co. (1969) 71 Cal. 2d 659 [79 Cal. Rptr. 106, 456 P.2d 674], where it was held that under certain circumstances … Continue reading

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Public Adjuster May Attend EUO

Limitations on Attendance at Examination Under Oath Who Should Attend? An insurance examination under oath (EUO) exists in policies of insurance to enable the company to possess itself of all knowledge, and all information as to other sources and means … Continue reading

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Duty to Settle Requires a Willing Plaintiff

No “Bad Faith” Failure to Settle In March I posted an article on the need to put a stake through the heart of the tort of bad faith at http://zalma.com/blog/?p=2724. The post that follows deals with a case that supports … Continue reading

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No Coverage if Insured Fails to Meet Condition Precedent

Expensive Failure to Meet Condition  Major corporations buy insurance protection in multiple layers starting usually with a self-insured retention, a primary policy and multiple layers of excess insurance. Excess insurance is, by definition, insurance that has no obligation until the … Continue reading

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Insurer’s Duty To Settle

No Duty to Settle if Insurer Lacks Information Needed In a suit against insurers for breach of the implied covenant of good faith and fair dealing, the  rejection of plaintiff’s request to instruct the jury that it could consider the … Continue reading

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I’m Out of Town

There will be few posts while I’m away until Thursday.

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Claims Commandment XI

Thou Shall Empathize With the Claimant This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I will … Continue reading

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Claims Commandment X

Thou Shall Not Pretend to be a Lawyer This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament … Continue reading

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Claims Commandment IX

Thou Shall Document the Claim File This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I will … Continue reading

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Claims Commandment VIII

Thou Shall Not Suffer Fraud to Succeed This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I … Continue reading

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Coverage Cannot Be Created by Estoppel

When Providing a Defense to Questionable Coverage Always Reserve Rights The Wisconsin Supreme Court reviewed a published decision of the court of appeals, Maxwell v. Hartford Union High School District, 2010 WI App 128, 329 Wis. 2d 654, 791 N.W.2d … Continue reading

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Claims Commandment VII

Thou Shall Never Lie to an Insured This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I … Continue reading

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Claims Commandment VI

Thou Shall Document The Claims File This series of claims commandments is an effort to provide direction to every person involved in claims handling for insurers and the public and will continue until completed. Unlike the Old Testament I will … Continue reading

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Zalma’s Insurance Fraud Letter — June 1, 2012

Go to Jail, Go Directly to Jail Continuing with the eleventh issue of the 16th Year of publication of Zalma’s Insurance Fraud Letter (ZIFL) it reports on June 1, 2012 Barry Zalma comments on why, even after being convicted of … Continue reading

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