Author Archives: Barry Zalma

Customer Complaint Coverage Doesn’t Apply to Claim of Consumer Fraud Plaintiff, Owners Insurance Co. (insurer), appealed from the judgment of the circuit court of Du Page County ruling that an intentional-acts exclusion in an insurance policy did not exclude coverage … Continue reading →

Killers Try Again to Reduce Sentence & Fail Again INSURANCE FRAUD IS A VIOLENT CRIME When convicted of murder in the first degree and conspiracy to commit murder for life insurance money, the defendants require a great deal of chutzpah … Continue reading →

Monies Paid on a Claim Before Rescission Ordered Must be Returned to the Insurer Liberty Mutual Personal Insurance Company (“Liberty Mutual”) moves for summary judgment on its counterclaim for unjust enrichment and return of funds paid on a policy that … Continue reading →

Zalma on Insurance & Excellence in Claims Handling Videos Explaining the Excellence in Claims Handling Video Program for Subscribers to Locals.com. Starting on July 1, 2022 the Excellence in Claims handling videos will only be available to subscribers at Locals.com … Continue reading →

An Effective Tool to Detect, Deter and Defeat Insurance Fraud On Today, the Summer Solstice, The Equitable Remedy is Now Available at Amazon.com from Barry Zalma & the Insurance Claims Library Rescission is an equitable remedy first created in the … Continue reading →

Convicted of Fraud & Theft Enough for Disbarment On September 7, 2021, the Office of Disciplinary Counsel (ODC) requested this Court place Respondent Richard Alexander Murdaugh on interim suspension based upon information indicating Respondent had stolen funds from the law … Continue reading →

No Right to Pre-Tender Defense Costs HDI Global Insurance Company (“HDI”) sought an order eliminating its obligation to pay pre-tender defense costs of its insured.  HDI was sued by plaintiffs, Nucor Steel Louisiana, LLC (“Nucor”) and Dynamic Environmental Services, LLC … Continue reading →

Insured Who Refuses to Allow Insurer to Defend or Indemnify Has No Right Against Insurer It Takes Knowledge & Skill to Set-Up an Insurer for Bad Faith and an Excess Judgment When the district court determined that an insurer’s duty … Continue reading →

Provider to PIP Insured not a Party to Contract Plaintiffs Hartford Accident and Indemnity Company, Property & Casualty Ins. Company of Hartford, Trumbull Insurance Company, and Twin City Fire Insurance Company (together, “Hartford”) claim that Defendant Greater Lakes Ambulatory Surgical … Continue reading →

ZIFL Volume 26 Issue 12 Zalma’s Insurance Fraud Letter Contains articles on the following subjects in great detail at ZIFL-06-15-2022. The following are some of the articles available with the full 20 pages available at the link. Insurance Fraud & … Continue reading →

How Courts Deal With Defenses to the Tort of Bad Faith I will not be posting for a week after this but you have available more than 4250 posts and more than 400 videos at rumble.com/zalma. See the full video … Continue reading →

Fair Report Privilege Protects Reports of Insurance Fraud I will not be posting for a week after this but you have available more than 4250 posts and more than 400 videos at rumble.com/zalma. Fox Television Stations, LLC (Fox), William Melugin, … Continue reading →

Living with the Tort of Bad Faith Hurts Both Parties See the full video at https://rumble.com/v17jc3v-the-effect-of-the-tort-of-bad-faith-on-the-usa.html and at https://youtu.be/I-YF0EeL5CU It is indisputable that in the 1950’s, 1960’s and 1970’s the insurance industry abused some insureds to avoid paying legitimate claims. … Continue reading →

A Trailer Is Used To Transport, Which Is How Vehicles Are Commonly Defined And Understood and It Is Registered As A Vehicle Kiolbassa Provision Company (“Kiolbassa”) operates a smoked meat business out of San Antonio, Texas, where it keeps its … Continue reading →

Defenses to the Tort of Bad Faith See the full video at https://rumble.com/v177ocj-fairly-debatable-or-genuine-dispute-defenses-to-bad-faith.html and at https://youtu.be/1gW3RoO2g4I A bad faith claim should be dismissed on summary judgment if there was a genuine dispute on a reasonable factual dispute or an unsettled … Continue reading →

No UM/UIM Coverage if Responsible Party is Insured Why Did the Obvious Go to an Appeal? Juan Brambila appealed an order granting summary judgment in favor of Great West Casualty Company (“Great West”) in Great West’s action for a declaratory … Continue reading →

Insurance Contract Law See the full video at https://rumble.com/v173p1n-the-law-of-unintended-consequences-and-the-tort-of-bad-faith.html and at https://youtu.be/jRikx108Q3I In a typical contract, one party has a duty to perform (construct a building, deliver goods, convey real estate, pay indemnity) and the other party has a duty … Continue reading →

Two Insurers Protected the Insured and Resolved the Coverage Dispute Later When two insurers dispute which is obligated to defend and indemnify the insured in a bodily injury suit, they both paid half of the settlement and agreed to resolve … Continue reading →

Bad Faith & Damages & The Tort of Bad Faith See the full video at https://rumble.com/v16z3tv-bad-faith-and-damages.html and at https://youtu.be/m3EPAbrNK88 In 1958 the California Supreme Court, with the best of intentions, changed centuries of contract law in Comunale v. Traders & … Continue reading →

Convicted of Insurance Fraud Still Entitled to a Legal Sentence Claire A. Risoldi, in a second try appealed from the Judgment of Sentence, entered after remand for resentencing on the restitution portion of her sentence. Risoldi challenged the legality of … Continue reading →

Damages for Breach of Contract See the full video at https://youtu.be/e7FSHw-IY0M   and at https://rumble.com/v16ul9c-damages-for-breach-of-an-insurance-policy.html Generally, the purpose of an award of damages for breach of contract is to compensate the injured party and provide the benefits promised by the … Continue reading →

Pollution Exclusion is Effective and Does not Make Policy Illusory In Employers Mutual Casualty Company v. Tiger Creek Development, Inc., David Erickson, and Cherry Pease, No. 4:21-CV-65 (CDL), United States District Court, M.D. Georgia, Columbus Division (May 25, 2022) the … Continue reading →

ZIFL Volume 26, Number 11 See the full video at https://rumble.com/v16pykr-zalmas-insurance-fraud-letter-june-1-2022.html and at https://youtu.be/JmYBmTXE2IU The full issue in Adobe .pdf format is available here. The following are summaries of some of the articles that can be found in the current … Continue reading →

HOW THE LAW OF UNINTENDED CONSEQUENCES COSTS THE INSURANCE INDUSTRY See the full video at https://rumble.com/v16br9v-insurance-as-a-necessity.html  and at https://youtu.be/xBvYxc_ooTU Neither the courts nor the governmental agencies seem to be aware that in a modern, capitalistic society, insurance is a necessity. … Continue reading →

Analysis of Claim for Services Requires Review of ERISA Plan Brainbuilders LLC appealed an order dismissing plaintiff’s complaint against defendants IBEW Local Union 456 Welfare Fund (the Plan), Trustees of the IBEW Local Union 456 Welfare Fund (Trustees or Plan … Continue reading →

The Business Of Insurance Is Subject To The Law Of Unintended Consequences As If It Were On Steroids See the full video at  https://rumble.com/v167qyt-the-law-of-unintended-consequences-and-insurance.html and at https://youtu.be/EAbMnWUw2a8 The law of unintended consequences is not statutory. No state or federal government … Continue reading →

 An Insurer Mistakenly Providing Benefits Does not Bind Insurer After it Discovers Error Dymond Ottey sued Maya Assurance Company for a judgment declaring that the defendant is obligated to provide insurance coverage. Ottey appealed from an order of the Supreme … Continue reading →

Professional Insurance Adjusting See the full video at https://rumble.com/v166mcn-true-crime-of-insurance-fraud-video-number-81.html and at https://youtu.be/4f4oeo8oCXk At the turn of the century, insurers, in a search for profit, decimated their professional claims staff. They laid off experienced personnel and replaced them with young, untrained … Continue reading →

Go Directly to Jail, Do not Pass Go Again Douglas Moss, a convicted health insurance fraud perpetrator on his way to federal prison sought an in banc review of his trial and unsuccessful appeal that I reported on at https://zalma.com/blog/go-to-jail-go-directly-to-jail-do-not-pass-go/ … Continue reading →

What a Great Country! See the full video at https://rumble.com/v15xwbx-true-crime-of-insurance-fraud-video-number-80.html  and at https://youtu.be/NIE7BGGSJUE Wo Ping Chen was trained as a physician in Hong Kong. Until Hong Kong was returned by the United Kingdom to the Peoples Republic of China, he … Continue reading →

Lack of Bodily Injury, Personal Injury or Occurrence Bars Coverage Cambridge Mutual Fire Insurance Company (Cambridge) sued seeking a declaratory judgment that it did not owe Defendants Terry Gaca and Janet Waymen (collectively, “Defendants”) a duty to defend an underlying … Continue reading →

Minimum Standards for Adjusting Claims in California Every Claims Person in California Must Read, Understand, or be Trained About the California Fair Claims Settlement Practices Regulations by September 1 of Each Year This newly updated and rewritten book was designed … Continue reading →

The Sweet Little Old Lady & Fraud Insurance Fraud is an Equal Opportunity Crime See the full video at https://rumble.com/v15t91d-true-crime-of-insurance-fraud-video-number-79.html and at https://youtu.be/pPCiqZAFWo8 The Insured was 82 years old and bored. She was born shortly after the turn of the … Continue reading →

DEFENSE LAWYER HIRED BY INSURER DOES NOT BIND INSURER Comegys, an independent insurance agency, had an independent contractor relationship with Safeco, a liability insurer-in short, Comegys marketed Safeco insurance policies to the public. Comegys was allegedly negligent in procuring automobile … Continue reading →

Fire! Why Arson-for-Profit is Dangerous See the full video at https://youtu.be/jcvZvnHNkpw  and at https://rumble.com/v15ga9h-true-crime-of-insurance-fraud-video-number-78.html The crime of arson is violent. Not only is property damaged, people die. Most arson fires are set for spite, anger, vengeance or spousal abuse. Approximately … Continue reading →

New Jersey Statute Allows Suit Against Insurer Who Advised its Insured No Coverage Years After Denial But, is this a Waste of Time & Money? Steven D’Agostino appealed from trial court orders dismissing his complaint in Steven D’agostino v. Colony … Continue reading →

This One Isn’t Fiction Because No One Would Believe It See the full video at https://rumble.com/v15b79h-true-crime-of-insurance-fraud-video-number-77.html and at https://youtu.be/fD08Q2CJbPY I received a copy of findings of fact and conclusions of law in a case filed in the U.S. District Court … Continue reading →

RTFP – Refusal to Read the Full Policy Doesn’t Require Insurer to Fulfill Insured’s Belief Ibaldo Arencibia’s purchased a travel insurance policy – one he believed to be a broad, “no-fault” policy. When the insurer declined to provide coverage for … Continue reading →

Am I In Trouble? Bankruptcy Fraud Defeats Legitimate Insurance Claim See the full video at https://rumble.com/v1572mx-true-crime-of-insurance-fraud-video-number-76.html?mref=6zof&mrefc=3  and at https://youtu.be/ua3cLByciDc Insurance fraud, like any other profession, improves with practice. The beginner, unaware of the tools available to an insurer, makes a … Continue reading →

Plaintiff Sat on Her Rights and Lost Them Sharon Motley appealed the district court’s dismissal of her putative class action brought against Hal Taylor in his official capacity as Secretary of the Alabama Law Enforcement Agency (“ALEA”) for failing to … Continue reading →