Monthly Archives: February 2013

Random Thoughts on Insurance

Random Thoughts on Insurance From Barry Zalma Since 2010 I have been writing a blog post at least five days a week. This e-book is a collection of those posts that reveal my interest in insurance case law. Some of … Continue reading

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Pollution

Cooking Grease Can Be A Pollutant Christopher Roinestad and Gerald Fitz-Gerald, and Tim Kirkpatrick, D/B/A Hog’s Breath Saloon & Restaurant (“respondents”) were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog’s … Continue reading

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Rescission is an Ancient Equitable Remedy

 Zalma on Rescission in California  2013 California is the biggest insurance market in the United States. California is, as a result, the home of more insurance fraud than any other state. Insurers in California have the right to rescind a … Continue reading

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Bad Faith Verdict Overturned

No Bad Faith for Lack Of Producing Cause The Fifth Circuit Court of Appeal was asked to determine whether an insurer breaches a duty to its insured in Texas by surreptitiously attempting to settle a covered third-party claim and truncating … Continue reading

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Zalma on California SIU Regulations

Zalma on California SIU Regulations Zalma On California SIU Regulations is an e-book designed to assist California insurance claims personnel, claims professionals, independent insurance adjusters, special fraud investigators, private investigators who work for the insurance industry, the management in the … Continue reading

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Insured Must Pay Deductible

No Excuse for Failure to Read Policy Liability insurance policies often contain deductibles or Self Insured Retention (“SIR”) amounts to limit the premium by making the insured responsible for the first amount of a loss and remove from the insurer … Continue reading

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“Zalma on Diminution of Value Damages — 2013”

“Zalma on Diminution of Value Damages — 2013” This is the 2013 edition of Zalma On Diminution In Value Damages. It has been totally rewritten with more 910 pages of material. It is the most extensive and detailed coverage of … Continue reading

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Reformation Not Allowed

Need Does Not Change Policy Wording Serious injuries often result in litigation when insufficient insurance exists to compensate the injured. When Hatem Alshwaiyat was injured and his wife died in an automobile accident he sought coverage for underinsured motorist coverage … Continue reading

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No Fraud

No Right to Return of Premium When No Claim Paid Juan M. Espinosa sued Allstate for fraud and lost. He appealed from the trial court’s entry of a final summary judgment in favor of Allstate, Allstate Insurance Co., Allstate County … Continue reading

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Deported for Insurance Fraud

Commit Insurance Fraud – Leave the Country – Now! Immigration officials initiated removal proceedings against petitioner Roselva Chaidez in 2009 upon learning that she had pleaded guilty to mail fraud in 2004. To avoid removal, she sought to overturn that … Continue reading

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Accord & Satisfaction

Acceptance of Policy Limits Concludes Claim After a fire destroyed its warehouse, Go Wireless, LLC, sued its insurer, Maryland Casualty Company, for breach of contract and reformation. Go Wireless contended that Maryland had agreed to provide $2.5 million in business … Continue reading

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New ISO Forms

ISO is presenting new wordings to the various states. Insurance Services Office’s (ISO’s) four major filings in commercial property, business auto, businessowners coverage, and commercial general liability (CGL) make 2013 a big year for insurance professionals. The author expects to … Continue reading

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Buyers Remorse

You Only Get What You Pay For! Most young people believe they are indestructible and immortal. They never think they will be injured in an accident.  Insurance, especially insurance for motorcycle riders can be expensive. Almost every state, like South … Continue reading

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Contract of Personal Indemnity

Consent Needed to Assign a Liability Insurance Policy Insurance is, by definition, a contract of personal indemnity. The insurer decided whether the individual or corporation it is insuring was a risk it was willing to take. Every liability insurance policy … Continue reading

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Insurance Fraud Continues Unabated

Zalma’s Insurance Fraud Letter Continuing with the fourth issue of the 17th year of publication of Zalma’s Insurance Fraud Letter (ZIFL) Barry Zalma reports in the February 15, 2013 issue on the state of Minnesota’s call for more insurance fraud … Continue reading

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Medical Provider Gets Nothing

No-Fault Release Ends Obligation of Insurer The Michigan Court of Appeal was asked to decide whether an insured’s release bars a health care provider’s claim for reimbursement for medical services rendered to the insured after the release was executed. In … Continue reading

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Advertising Injury

Loss Must Be Due to Advertising for Coverage to Apply Basic Research, LLC, along with related corporations and officers thereof (Basic Research), appealed the trial court’s grant of summary judgment in favor of Admiral Insurance (Admiral). Basic Research contended that … Continue reading

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FIVE YEAR LATE NOTICE

Prejudicial or Not 1500 Coral Towers Condominium (“Coral Towers”) appealed a final summary judgment in favor of Citizens Property Insurance Corporation (“Citizens”) in a breach of contract action. The Florida Court of Appeal attempted to resolve the question in 1500 … Continue reading

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Read The Policy

Don’t Give Up Your Right to Damages from Tortfeasor American States Insurance Company (“American States”) appealed to the Supreme Court of Appeals of West Virginia from an adverse jury verdict in an insurance coverage declaratory judgment action brought by Barbara … Continue reading

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Primary v. Excess

Additional Insured Did Not Procure Policy A New York trial court granted plaintiffs’ motion for summary judgment declaring that defendant Lincoln General Insurance Company (‘Lincoln General”) has a duty to defend East 51st Street Development Company, LLC and to reimburse … Continue reading

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Aggravated Assault Not an Occurrence

No Coverage For Intentional Beating The Sixth Circuit Court of Appeal was asked to determine if Liberty Mutual Fire Insurance Company was required to indemnify an insured who had been convicted of battery. Liberty Mutual filed a declaratory judgment action … Continue reading

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One Occurrence – One Limit

Plaintiffs Should Not Limit Recovery to Insurance A New York appellate court was called upon to determine the meaning of a non-cumulation clause in a commercial general liability policy when two children, at different times, were exposed to the same … Continue reading

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Premium Audit or Prosecution

Employees Must Be Protected The Connecticut Court of Appeal was asked to resolve a dispute between a roofer and its insurer in National Fire Insurance Company of Hartford v. Beaulieu Company, LLC, No. (AC 33612) (Conn.App. 02/05/2013) that was more … Continue reading

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No Third Party Direct Action in Kentucky

Clear Exclusion Defeats Coverage The intent of commercial general liability policies is to protect against the unpredictable and potentially unlimited liability that can result from accidents causing injury to other persons or their property. A commercial general liability policy does … Continue reading

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Fraud Continues and Destroys Insurer

Zalma’s Insurance Fraud Letter February 1, 2013 Continuing with the third issue of the 17th year of publication of Zalma’s Insurance Fraud Letter (ZIFL) Barry Zalma reports in the February 1, 2013 issue on the state of Rhode Island removed … Continue reading

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