Author Archives: Barry Zalma

About Barry Zalma

An insurance coverage and claims handling author, consultant and expert witness with more than 48 years of practical and court room experience.

Insurance Policy Conditions Must be Applied

Roof Damage Insurance Disputes Resolved Post 4836 See the full video at https://rumble.com/v576kbn-insurance-policy-conditions-must-be-applied.html  and at https://youtu.be/3s4PGJI97ms Roof damage insurance disputes are common. April Point South Property Owner’s Association, claims that the insurer, Third Coast Insurance Company, owes over $1.8 million … Continue reading

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Plaintiff Sat on His Rights

Victory Against Insurers Is Not Always Available Post 4835 See the full video at https://rumble.com/v572ba5-plaintiff-sat-on-his-rights.html  and at https://youtu.be/ZpLy3HlMR7E Many people and their lawyers believe that suing an insurance company that denies a claim is a guaranteed multi-million dollar successful lawsuit. … Continue reading

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Zalma’s Insurance Fraud Letter – July 15, 2024

ZIFL – Volume 28 Number 14 This is not a political newsletter but as an American I am happy President Trump survived this evil attempt on his life and repeat this quote from President Trump: “Thank you to everyone for … Continue reading

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Present as Real a Free and Imaginary Oral Estimate as Proof of Claim is Fraud

False Swearing & Fraud in Claim Presentation Voids Policy NEVER LIE TO YOUR INSURER ABOUT THE EXTENT OF DAMAGE Post 4833 See the full video at https://rumble.com/v56orq5-present-as-real-a-free-and-imaginary-oral-estimate-as-proof-of-claim-is-fra.html and  at https://youtu.be/97AHEHqJ5TY An insurance coverage dispute that arose from a pipe burst … Continue reading

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A Fictionalized True Crime Story of Insurance Fraud

The Phantom Rolls Royce Post 4832 See the full video at https://rumble.com/v56iddm-a-fictionalized-true-crime-story-of-insurance-fraud.html and at https://youtu.be/SJwZNPVVUcI This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You … Continue reading

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Common Law Right Eliminated by Statute

No Right to Rescind Workers’ Compensation in Mississippi Post 4831 See the full video at https://rumble.com/v56cmfm-common-law-right-eliminated-by-statute.html  and at https://youtu.be/SP0gMePnPXE The Supreme Court of Mississippi answered in the negative the inquiry from the United States Court of Appeals for the Fifth … Continue reading

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No Coverage for Anti-Kickback Settlement

D & O Policy Professional Services Exclusion Post 4830 See the full video at https://rumble.com/v566r02-no-coverage-for-anti-kickback-settlement.html   and at https://youtu.be/ClGvqPB068I The California Court of Appeals was asked to resolve a dispute over the applicability of  professional services coverage exclusions in directors and … Continue reading

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Excellence in Claims Handling Part Two

  More to Help Insurers Create a Staff of Claims Personnel Committed to Excellence in Claims Handling with the full article only available to subscribers who subscribe to “Excellence in Claims Handling” at href=”https://barryzalma.substack.com/subscribe.”

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Fraud Perpetrators Give Up

Insurer Sues Fraud Perpetrators to Defeat Fraudulent Claim only to Find They Did Not Respond Post 4829 See the full video at https://rumble.com/v560rzw-fraud-perpetrators-give-up.html  and at https://youtu.be/WwE-1cEzZ-A Plaintiff is an insurance company authorized to transact business in South Carolina. Plaintiff issued … Continue reading

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Fraud Bureau Investigates

Criminal Investigation of Insurance Fraud Without Indictment Not Grounds for Stay of Civil Action Post 4828 See the full video at  https://rumble.com/v55po7a-fraud-bureau-investigates.html  and at https://youtu.be/b9DnVgZUWGI Defendant Kith Furniture, LLC’s moved to stay the proceedings brought by Liberty Mutual in Liberty … Continue reading

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Insurer Not Required to Take on the Burden of the Insured’s Fraud

Rescission Appropriate When Insured Lies on Application Post 4827 See the full video at https://rumble.com/v55anyr-insurer-not-required-to-take-on-the-burden-of-the-insureds-fraud.html  and at https://youtu.be/ICZzDxtyYQY Progressive Michigan Insurance Company (Progressive) appealed the order denying its motion for summary disposition and ordering reformation of plaintiff’s, Janice Sherman’s, automobile … Continue reading

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Convicted of Insurance Fraud

More Prosecution is Needed to Deter Insurance Fraud Post 4826 See the full video at https://rumble.com/v555dul-convicted-of-insurance-fraud.html  and at https://youtu.be/LzIr59hGh-o Thomas Orville McLaughlin II was convicted of committing a fraudulent insurance act, making a false information, and interfering with law enforcement. … Continue reading

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SCOTUS & INSURANCE

How Insurance is Treated in Mass Tort Cases in Bankruptcy Court Post 4825 See the full video at https://rumble.com/v54vxg9-scotus-and-insurance.html  and at ttps://youtu.be/oHIClktLG-I Between 1999 and 2019, approximately 247,000 people in the United States died from prescription-opioid overdoses. Respondent Purdue Pharma … Continue reading

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Zalma’s Insurance Fraud Letter – July 1, 2024

ZIFL Volume 28 Number 13 Post 4824 See the full video at https://rumble.com/v54b3sx-zalmas-insurance-fraud-letter-july-1-2024.html and at https://youtu.be/z_wn1DVGtdY Subscribe to ZIFL Here The Source for the Insurance Fraud Professional Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to … Continue reading

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Damage While Fleeing Police Excluded

Exclusion Does Not Invalidate Policy Post 4822 See the full video at  https://rumble.com/v53vjot-damage-while-fleeing-police-excluded.html and at https://youtu.be/SDZXS-9yqzU THE DISPUTE Jerquavius Berry purchased a vehicle from Gerald Jones Ford, LLC. The Dealership sued General Security and Berry, seeking a declaratory judgment regarding … Continue reading

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Concealment of Prior Act of Sexual Abuse Excluded

Never Lie or Conceal Potential Claims From Insurer Post 4823 See the full video at https://rumble.com/v542jd0-concealment-of-prior-act-of-sexual-abuse-excluded.html  and at https://youtu.be/RF9og-X1Fag Plaintiff CMGK, LLC, doing business as Massage Envy, appealed from an order granting  summary-judgment to defendant Certain Underwriters at Lloyd’s, London … Continue reading

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Insurers Act to Defeat Fraud

GEICO Continues it Proactive Actions Against Insurance Fraud Post 4821 See the full video at https://rumble.com/v53ni7c-insurers-act-to-defeat-fraud.html and at https://youtu.be/Un8ypepCjIs Insurers have found that states, like New York, will do little or nothing to deter insurance fraud. Determined to protect its … Continue reading

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Contract Breach Excluded from D&O Policy

Actual Or Alleged Contractual Liability Or Obligation Of Directors is Specifically Excluded See the full video at https://rumble.com/v53fs89-contract-breach-excluded-from-d-and-o-policy.html  and at https://youtu.be/MC5p5EukVt8 Post 4820 Paraco Gas Corporation (“Paraco”), a closely-held family corporation that distributes propane fuel and equipment, appealed a June … Continue reading

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It is Unwise to be a Chameleonic Litigant

It is Inappropriate to Argue a Win Was Wrong and a New Result is Required Post 4829 See the full video at https://rumble.com/v52wl0v-it-is-unwise-to-be-a-chameleonic-litigant.html  and at https://youtu.be/wx3KMXdLX68 Defendant, Bankers Insurance Company (“Bankers Insurance”), moved to vacate the Panel Appraisal Award Amendment … Continue reading

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Never Delay Responding to Requests for Admission in Arizona

Requests for Admission Deemed Admitted in Arizona if Not Responded to Within 30 Days Post 4828 See the full video at https://rumble.com/v52p0uc-never-delay-responding-to-requests-for-admission-in-arizona.html  and at https://youtu.be/_gLw4ZQU45A Rose Karam, an insured, appealed from the superior court’s grant of summary judgment in favor … Continue reading

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Arsonist Must Serve Full Sentence

Chutzpah: Serial Arsonist & Insurance Fraudster Requests Shortened Sentence Post 4827 See the full video at https://rumble.com/v52i0x0-arsonist-must-serve-full-sentence.html  and at https://youtu.be/1L7-PXFy-6E Arson-for-Profit is the most evil form of insurance fraud where people may be injured or die. Defendant Michael Thomas set … Continue reading

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Court Interprets Policy as Written

Med Pay Only Available for Reasonable & Necessary Expenses Post 4826 See the full video at https://rumble.com/v52afii-court-interprets-policy-as-written.html  and at https://youtu.be/0EY7s64kiT0 Kimberly Sisia appealed the district court’s dismissal with prejudice of her amended complaint against State Farm, as well as the … Continue reading

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Auto Insurance only Available for Drivers Listed in Policy

Scheduled Driver Endorsement Eliminates Coverage for Accident Post 4825 See the full video at https://rumble.com/v523kdd-auto-insurance-only-available-for-drivers-listed-in-policy.html  and at https://youtu.be/Zy8qliJ6Ce8 Brandyn Washington and Stephan Jomar Gonzalez were involved in a car accident in Davenport, Florida. Washington sued and asserted that Gonzalez was … Continue reading

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Application Wrongfully Stated No Work on Recreational or Playground Equipment

Policy Does Not Cover Damages Caused by In-Ground Trampoline Post 4824 See the full video at https://rumble.com/v522s5y-application-wrongfully-stated-no-work-on-recreational-or-playground-equipme.html  and at https://youtu.be/oOwcVdsPUXg United Casualty Insurance Company (“United”) refused to defend James Snell, a landscaper, in a civil lawsuit alleging that Snell had … Continue reading

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Zalma’s Insurance Fraud Letter – June 15, 2024

ZIFL – Volume 28 Issue 12 Post 4823 See the full video at  https://rumble.com/v51ektw-zalmas-insurance-fraud-letter-june-15-2024.html   and at https://youtu.be/EasxL2TQCY8 Subscribe to ZIFL Here The Source for the Insurance Fraud Professional Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated … Continue reading

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Arbitration Clause in Policy Void in Louisiana

Right of Contracting Parties to Arbitrate Prohibited by Louisiana Statute Post 4822 See the full video at https://rumble.com/v516tn2-arbitration-clause-in-policy-void-in-louisiana.html and at https://youtu.be/2GVDvgrozXg Plaintiff SKAV, L.L.C. owns a Best Western hotel in Abbeville, Louisiana. The hotel was damaged when Hurricane Laura, one … Continue reading

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Litigation Sloth Defeats Suit

Taking Six Years to Sue Insurers is Time Barred Post 4821 See the full video at https://rumble.com/v50y5hz-litigation-sloth-defeats-suit.html  and at https://youtu.be/3i5ISVONoeo The appellate courts of the state of New York are noted for their ability to resolve an appeal quickly and … Continue reading

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Insurer Has the Right to Oppose Plan that Exposes it to Potential Fraud

SCOTUS Unanimously Gives Insurer Right as a “Party in Interest” to a Chapter 11 Bankruptcy Post 4820 See the full video at https://rumble.com/v50smbk-insurer-has-the-right-to-oppose-plan-that-exposes-it-to-potential-fraud.html and at https://youtu.be/UNNQe2Rn_10 Truck Insurance Exchange is the primary insurer for Kaiser Gypsum Co. and Hanson Permanente … Continue reading

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No Financial Loss – No Coverage

Cybersecurity Policy Requires Direct Financial Loss Post 4819 See the full video at https://rumble.com/v506vjc-no-financial-loss-no-coverage.html  and at https://youtu.be/XoAdc5T41Ho Insured Cannot Claim for Loss Incurred by Customer After suffering from a phishing scam, Door Systems, Inc. (appellant) sought coverage under a cybersecurity … Continue reading

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RICO Suit Against Chiropractors

Allstate Effectively Alleges RICO Conspiracy by Chiropractors to Defraud Allstate Post 4818 See the full video at https://rumble.com/v4zz9q9-rico-suit-against-chiropractors.html  and at  https://youtu.be/tsag6p5fdYE Allstate Effectively Alleges RICO Conspiracy by Chiropractors to Defraud Allstate In Allstate Insurance Co. et al. v. Lint Chiropractic … Continue reading

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Chutzpah From Convicted Dentist

Sentenced to 20 Years in Prison for Medicaid Fraud Yet Demands Return of his License to Practice Dentistry Post 4817 See the full video at https://rumble.com/v4zr3ph-chutzpah-from-convicted-dentist.html  and at https://youtu.be/KJBOw53VXG8 THE LICENSE REVOCATION The Board of Dental Examiners revoked Seth Lookhart’s … Continue reading

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No Coverage for Covid Caused Damage

Covid Virus Does not Cause Direct Physical Damage to Property Post 4816 See the full video at https://rumble.com/v4zjltl-no-coverage-for-covid-caused-damage.html  and at https://youtu.be/RnfCBhHSiRc California Supreme Court Finds no Coverage Under First Party Property Policy for Covid-19 Claims The Ninth Circuit’s Inquiry In … Continue reading

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Arsonist Must Pay Restitution to Insurer

Yes, Insurance Company is a Victim of an Arson Post 4815 See the full video at https://rumble.com/v4zbzx6-arsonist-must-pay-restitution-to-insurer.html  and at https://youtu.be/QXuYiqhb2aI In September 2019 Otho Harris visited a Boost Mobile store for assistance with his broken cellphone. He became enraged when … Continue reading

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Liars Never Prosper

Failure to Tell the Truth on an Insurance Application Voids Entire Policy as if it Never Existed Post 4814 See the full video at https://rumble.com/v4zaz2z-liars-never-prosper.html and at https://youtu.be/vIOTuU_VE_M Ms. Stephens demanded that Defendant Great American Assurance Company (“Great American”) provide … Continue reading

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Zalma’s Insurance Fraud Letter – June 1, 2024

ZIFL Volume 28, Issue 11 Subscribe to ZIFL Here  Post 4813 See the full video  at https://rumble.com/v4ygd95-zalmas-insurance-fraud-letter-june-1-2024.html  and at https://youtu.be/1LCF1mcHGa8 Read the full 26 page issue here in Adobe pdf format. The Source for the Insurance Fraud Professional Zalma’s Insurance … Continue reading

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Appeal Dismissed Even With Fraud Allegation

Appeal Lost Due to Failure to Provide an Adequate Record Post 4810 See the full video at https://rumble.com/v4y7lf3-appeal-dismissed-even-with-fraud-allegation.html  and at https://youtu.be/xxyIPIz63Ws In an action to recover damages for personal injuries, the defendant Myrtle 6, LLC, appealed from an order of … Continue reading

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Umbrella Does Not Have Same Exclusion as Primary

Umbrella Does Not Have Same Exclusion as Primary See the full video at https://rumble.com/v4xzckf-umbrella-does-not-have-same-exclusion-as-primary.html  and at https://youtu.be/RM_w_8VHfSc Post 4809 Many companies find that a single policy of liability insurance is inadequate and purchase multiple layers or insurance. Many times the … Continue reading

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Indictment Establishes Probable Cause

Suit for Malicious Prosecution Requires Favorable Termination of Prosecution Post 4809 See the full video at https://rumble.com/v4xqzoe-indictment-establishes-probable-cause.html  and at https://youtu.be/DqbMu-GYJ8M Mrs. Marty Spann alleged that Defendants Asurion Insurance Services, Inc. (“Asurion”); former District Attorney General Bruce Griffey; and Tennessee Wildlife … Continue reading

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Arson-for-Profit Scheme Fails

Innocent Co-Insureds Have no Rights to Proceeds When Fraud Committed on Their Behalf Post 4808 See the full video at https://rumble.com/v4x6n8o-arson-for-profit-scheme-fails.html  and at https://youtu.be/ZexKEbMKdSY. Plaintiffs Timeless Bar, Inc. and Horseshoe Club, LLC sued their insurer Illinois Casualty Company, claiming the … Continue reading

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Insureds are Made More Equal Than Insurers

California Court of Appeals Extends Meaning of Statute to Make Insured More Powerful than Insurers at EUO See the full video at https://rumble.com/v4wyumz-insureds-are-made-more-equal-than-insurers.html  and at https://youtu.be/WBg5dqy8nPM. Post 4807 As George Orwell explained in his novel “Animal Farm” we are all … Continue reading

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