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.

Claims in a Catastrophe

How to Deal With Your Insurance Company After a Catastrophe In 2008 I wrote a long article on what to expect after your property is damaged or destroyed in a catastrophe like a wildfire, a tornado, an earthquake or a … Continue reading

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Zalma’s Insurance Fraud Letter – October 1, 2022

Zalma’s Insurance Fraud Letter – October 1, 2022 Read the full article at https://lnkd.in/gb8WvSyH and see the full video at https://lnkd.in/g2iqwfTE and at https://lnkd.in/g7YWxZwC and at https://zalma.com/blog plus more than 4300 posts. Read full Newsletter at https://lnkd.in/gC_ERGrP Posted on September … Continue reading

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Vermont Did Not Find Coverage

Vermont’s Ruling in Favor of an Insured Seeking Business interruption Coverage due to Covid is a Pyrrhic Victory See the full video at https://rumble.com/v1lvhgq-vermont-did-not-find-coverage.html and at https://www.youtube.com/watch?v=Nmn9n07Jkxs In Huntington Ingalls Industries, Inc. et al. v. Ace American Insurance Company et … Continue reading

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Excellence in Claims Handling

Insurance News: Barry Zalma Releases More Insurance Education Books on Amazon and Has Created a Locals Community of Insurance Education Videos. After practicing insurance law for over five decades, Barry Zalma, an internationally recognized and award-winning insurance expert and author, … Continue reading

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What is Actual Cash Value?

Insurers, working without legislative or judicial direction, created a working definition of the term “actual cash value.” See the full video at https://rumble.com/v1lqhqf-what-is-actual-cash-value.html and at https://youtu.be/6oj9bqtaEg4 Insurers recognized that ACV in a fire insurance policy was designed to establish a … Continue reading

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New Book from Barry Zalma

“How to Acquire, Understand, and Make a Successful Claim on a Commercial Property Insurance Policy: Information Needed for Individuals and Insurance Pros to Deal With Commercial Property Insurance” The New Book is now available as a Kindle book here, paperback … Continue reading

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Prosecutors Allow Arson-for-Profit to Succeed

Stupid Plea Bargain Destroys Insurer’s Right to Restitution See the full video at https://rumble.com/v1llnhx-prosecutors-allow-arson-for-profit-to-succeed.html and at https://www.youtube.com/watch?v=3eMD-1ZF6cE Intentionally burning a dwelling and the concomitant presentation of an insurance claims is an arson for profit and a two serious felonies. However, … Continue reading

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Insurer Sues Fraudsters

Physicians Cheat Insurer for Covid Testing Health Care Providers Created Fraudulent Billing for Covid Instant Tests See the full video at https://rumble.com/v1ll4ep-insurer-sues-fraudsters.html and at https://youtu.be/VXSzxoNxEgc In OPEN MRI AND IMAGING OF RP VESTIBULAR DIAGNOSTICS, P.A. v. HORIZON BLUE CROSS BLUE … Continue reading

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Insurer Proactive Against Fraud

CIGNA Obtains $14,371,384.95 Judgment Against Fraudulent Health Care Provider See the full video at https://rumble.com/v1l3hcr-insurer-proactive-against-fraud.html and at https://youtu.be/n9zoqg_yHr0 Since police, prosecutors and state insurance fraud investigators are seldom willing to arrest or prosecute insurance fraud perpetrators it is necessary for … Continue reading

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Duty to Defend is Exceptionally Broad

The Eight Corners Rule Strikes Again See the full video at https://rumble.com/v1ky7jz-duty-to-defend-is-exceptionally-broad.html and at https://youtu.be/_VHsHeG7fBA M/I Homes of Chicago, LLC (M/I Homes), appealed from the circuit court’s entry of summary judgment in favor of Acuity, a mutual insurance company. The … Continue reading

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New York Court Slaps Insurers Who Subrogated Against Their Own Insureds

Not Nice to Subrogate Against Your Own Insured See the full video at https://rumble.com/v1ktd3f-new-york-court-slaps-insurers-who-subrogated-against-their-own-insureds.html and at https://youtu.be/YEpi5Yi8GBY Zurich American Insurance Company (“Zurich American”) and American Zurich Insurance Company (“Zurich”) sued Defendants Certain Underwriters at Lloyd’s, London Subscribing to Policy Number … Continue reading

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Plaintiff Must be an Insured to Receive Defense

Even the Eight Corners Rule Cannot Stretch a Policy to Provide Coverage Asbestos Plaintiffs Ran Out of Viable Insurers See the full video at https://rumble.com/v1kotah-plaintiff-must-be-an-insured-to-receive-defense.html and at https://www.youtube.com/watch?v=MzwDtp89n-4 Brilliant National Services, Inc. (“Brilliant”) appealed a summary judgment rendered in favor … Continue reading

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Plaintiff Must Prove General Business Practice to Get Bad Faith Damages

See the full video at https://rumble.com/v1kble9-plaintiff-must-prove-general-business-practice-to-get-bad-faith-damages.html and at http://Video link https://youtu.be/365Lm11FNw In Paul Harrigan v. Fidelity National Title Insurance Company, No. AC 44424, Court of Appeals of Connecticut (September 6, 2022) the dispute was resolved after a lengthy and detailed … Continue reading

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Federal Insurance Company Regrets Agreement to Pay Insured and Resolve Coverage Dispute Later

Attempt to Avoid Reimbursement of Excess Insurer Fails See the full video at https://rumble.com/v1kazdh-federal-insurance-company-regrets-agreement-to-pay-insured-and-resolve-cove.html and at https://www.youtube.com/watch?v=63A3OgXTmnc No Good Deed Goes Unpunished In Western World Insurance Company v. Federal Insurance Company, Defendant, 2d Civ. No. B311994, California Court of Appeals, … Continue reading

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Zalma’s Insurance Fraud Letter

Zalma’s Insurance Fraud Letter September 15, 2022 See the full video summary at https://youtu.be/4I7d8iR8pNo and at https://rumble.com/v1k2b5h-zalmas-insurance-fraud-letter-september-15-2022.html Read the full Adobe pdf version at http://zalma.com/blog/wp-content/uploads/2022/09/ZIFL-09-15-2022-1.pdf Quote of the Issue “Many Of Life’s Failures Are People Who Did Not Realize How … Continue reading

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General Contractor Not a Lawyer

General Contractor Has No Standing  to Allege Insurance Fraud See the full video at https://rumble.com/v1jsbv1-general-contractor-not-a-lawyer.html  and at https://www.youtube.com/watch?v=EpRGyYBB6Yg Steven Hester Hall appealed from an order granting Defendants’ motion to dismiss Hall’s claims for breach of fiduciary duties, insurance licensing violations, … Continue reading

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STOLI Fraud Victims & Return of Premium

Lack of Insurable Interest Makes Life Policy Void from Inception See the full video at https://www.youtube.com/watch?v=3nU4wgZ0xbg and at https://rumble.com/v1jf39j-stoli-fraud-victims-and-return-of-premium.html Policy Acquired as Part of a STOLI Fraud Never Existed as a Matter of Law In Geronta Funding, a Delaware Statutory … Continue reading

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Untimely Suit Dismissed

Judgment in Favor of Insurer Because of Plaintiff’s Sloth See the full video at https://rumble.com/v1j7gb7-untimely-suit-dismissed.html  and at https://youtu.be/LilNDkHTnro Michelle J. Pollard, appealed from the summary judgment rendered by the trial court in favor of the defendant, Geico General Insurance Company, … Continue reading

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Still no Direct Physical Damage by Covid

Apple Annie Suffered no Direct Physical Damage It’s Time to Quit Trying to Get Business Interruption Payments from Insurers for Covid See the full video at https://rumble.com/v1j1e6p-still-no-direct-physical-damage-by-covid.html  and at https://youtu.be/EtHNnXOfgnA The COVID pandemic and ensuing lock down have generated a … Continue reading

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Fake Claim, Fake Experts, Claims Fail

Experts Prove All Claimed Damages are Wear and Tear See the full video at https://rumble.com/v1g37tz-fake-claim-fake-experts-claims-fail.html  and at https://youtu.be/NhfL02JX2ec It is not proper to try to shoe-horn a distant explosion into a claim for property damage to an old, worn out … Continue reading

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Insurer not a Horse Thief, But a Life Saver

Making Sick Horse Well is not a Breach of Horse Mortality Policy Is it a Breach of the Covenant of Good Faith to Save the Life of a Sick Horse? See the full video at https://rumble.com/v1i9mhd-insurer-not-a-horse-thief-but-a-life-saver.html and at https://youtu.be/4gW-Q307b0A The … Continue reading

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Zalma’s Insurance Fraud Letter – September 1, 2022

Volume 26, Issue 17 – September 1, 2022 The issue, available as a 25 page .pdf document here ZIFL-09-01-2022 See the full video at https://rumble.com/v1i44c7-zalmas-insurance-fraud-letter-september-1-2022.html  and at https://youtu.be/75WWxAt2UU0 The issue includes articles including: Public Adjuster Firm Accused of Pocketing $600,000 … Continue reading

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Health Insurance Fraud Damages Patients

360 Months in Federal Prison Not Enough See the full video at https://rumble.com/v1hz00x-360-months-in-federal-prison-not-enough.html and at https://youtu.be/iDLtRvB7P2o In UNITED STATES OF AMERICA v. PATRICK EMEKA IFEDIBA, NGOZI JUSTINA OZULIGBO, Nos. 20-13218, 20-13303, United States Court of Appeals, Eleventh Circuit (August 25, … Continue reading

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A Five-Year Lease is not Temporary

A Lawyer Should Never Sue an Insurer When There is Obviously no Coverage See the full video at https://rumble.com/v1htsm3-a-five-year-lease-is-not-temporary.html   and at https://www.youtube.com/watch?v=drIvKmEIUK4 This case involves an insurance dispute in which Appellant, Benjamin G. Dusing (Dusing), alleges that a 2016 … Continue reading

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Insurer Must Defend Entities Chosen by Insured

When Insurer Let’s Insured Unilaterally Choose Additional Insureds it has no Standing to Complain See the full video at https://rumble.com/v1hfbxj-insurer-must-defend-entities-chosen-by-insured.html and at https://youtu.be/A9cI4isj01Y An insurer, by drafting an open-ended additional insured endorsement that allowed its insured, by entering into contracts … Continue reading

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Surveillance Establishes Fraud Defense

Michigan Allows Fraudster to Receive PIP Benefits but no UM/UIM Benefits See the full video at https://rumble.com/v1haypj-surveillance-establishes-fraud-defense.html  and at https://www.youtube.com/watch?v=CTB9sk2BslY Plaintiff appealed the trial court’s order granting summary disposition in favor of defendants Home-Owners Insurance Company (“Home-Owners”), American Country Insurance … Continue reading

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Search for Deep Pocket Fails

Substantial Compliance with Statute Transfers Title to Vehicle See the full video at https://rumble.com/v1h6b2t-search-for-deep-pocket-fails.html  and at https://youtu.be/awbte842eRA SERIOUS INJURY ALWAYS BRINGS LITIGATION When an accident results in serious injuries the lawyers for the injured parties seek other defendants, no matter … Continue reading

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Duty to Defend is not Unlimited

Judgment Eliminating Defamation Coverage Defeats Coverage See the full video at https://rumble.com/v1h2cyp-duty-to-defend-is-not-unlimited.html  and at https://youtu.be/A1uKgn6yABs Although the duty to defend is exceedingly broad the obligation of an insurer to defend and insured is not unlimited. In University Of Louisville v. … Continue reading

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He Who Represents Himself Has a Fool for a Client

It’s Not Nice to Lie in a Pleading See the full video at lhttps://rumble.com/v1gxk5b-he-who-represents-himself-has-a-fool-for-a-client.htm   and at https://youtu.be/un2BNjAkvgE Earnest A. Davis sued a car repair shop, its manager, and his car insurance company alleging they engaged in a ploy to … Continue reading

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Evil Employee Still Allows Employer to be Defended

When Insurer Refuses Defense Fees Incurred by Insured Are Presumed to be Reasonable & Necessary See the full video at https://rumble.com/v1glt1x-evil-employee-still-allows-employer-to-be-defended.html  and at https://www.youtube.com/watch?v=miU9u-EnzMc Insurer Should Consider Defense Under a Reservation Rather than Refuse Defense Larry Nassar, who was affiliated … Continue reading

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The Problem With ERISA

ERISA Gives the Insurer Discretion to Make Benefits Decision Carol Stewart sued Hartford Insurance Company to obtain two insurance benefits that she believes it owes her: longterm disability payments and a waiver of life-insurance premiums. In Carol H. Stewart v. … Continue reading

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COVID Claims Continue to Fail

No BI Insurance No Inverse Condemnation Golden Corral Corporation and Golden Corral Franchising Systems, Inc. (hereinafter referred to collectively as “Golden Corral”), appealed the district court’s order granting Illinois Union Insurance Company’s motion for judgment on the pleadings in Golden … Continue reading

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Zalma’s Insurance Fraud Letter – August 15, 2022

ZIFL Volume 26, Issue 16 See the full video at https://rumble.com/v1fv6q7-zalmas-insurance-fraud-letter-august-15-2022.html and at https://youtu.be/lnmoKpDhBp8 The Danger Of Litigation Financing How the UK Deals with the Scheme Timothy Schools, 61, a corrupt non-litigating lawyer called a “solicitor” in the U.K. who … Continue reading

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Fortuity is an Affirmative Defense

Magistrate Contends Fortuity Defense can be Waived See the full video at https://rumble.com/v1fms4b-fortuity-is-an-affirmative-defense.html and at https://youtu.be/c2MHgQOwlh8 Homeland Insurance Company of New York (“Homeland”)  sued Clinical Pathology Laboratories, Inc. (“CPL”) and CPL’s parent company, Sonic Healthcare USA, Inc. (“Sonic USA”) (collectively, … Continue reading

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No Bad Faith

Effective, Professional Arson Investigation Defeats Claims of Bad Faith See the full video at https://rumble.com/v1fimrn-no-bad-faith.html?mref=16emn&mrefc=2 and at https://youtu.be/5OInpwFNaro Plaintiffs Donald Lemon and Candice Lemon (the Lemons) sued State Farm Fire & Casualty Company (State Farm) because it alleged it breached … Continue reading

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Rescission Does Not Defeat Negligence Claim

Agent Can be Sued for Creating a False Application that Results in Rescission See the full video at https://rumble.com/v1fdvhj-rescission-does-not-defeat-negligence-claim.html?mref=22lbp&mrefc=4  and at https://youtu.be/fjwLs77EurQ In a prior action, the Michigan Court of Appeals held that defendant Farm Bureau General Insurance Company of … Continue reading

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Waiver of UIM Coverage is Effective

Insured Must Know What Coverage He Needs Before Acquiring Insurance See the full video at https://rumble.com/v1f8tx5-waiver-of-uim-coverage-is-effective.html at https://youtu.be/vrj1NEPM1Bo Progressive Direct Insurance Company (“Progressive Direct”) appealed the order entered by the trial court denying its motion for summary judgment and granting … Continue reading

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Michigan Requires Suit Before Duty to Settle

Voluntary Payment Clause Effective to Defeat Claim for Settlement Paid Without Consent of Insurer See the full video at https://rumble.com/v1f7xj7-michigan-requires-suit-before-duty-to-settle.html at https://youtu.be/ka8a7C_teAY Trident Fasteners, Inc. (TFI) is an automotive supplier in Grand Rapids, Michigan, that makes customized screws, bolts, and … Continue reading

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Excellence in Claims Handling

The Zalma on Insurance Community at Locals.com Read the full article at https://www.linkedin.com/pulse/excellence-claims-handling-videos-allow-professionals-barry  The Zalma on Insurance Community at Locals.com has published, to subscribers only, the first 14 videos of the complete Excellence in Claims Handling Program. For example, the … Continue reading

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SMALL FRAUD DEFEATS CLAIM

WITHDRAWAL OF FRAUDULENT PORTION OF CLAIM DOES NOT ELIMINATE FRAUD See the full video at  and at Star Casualty Insurance Company appealed a summary final judgment and attorney fee award entered in favor of Gables Insurance Recovery, Inc., as assignee … Continue reading

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