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.

Construction Defects and Mold

Books for the Insurance Professional In eight cogent and thorough volumes Barry Zalma explains everything an insurance professional needs to know about construction defects from the investigation and discovery of the defects to insurance dealing with the defects. In addition, … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Attempt to Profit From Catastrophe Fails

A Reason to Do Away with the Tort of Bad Faith Catastrophes, like hurricanes, bring out the best and worst of the U.S. public. The Cajun Navy coming to the rescue of flood victims without a need for remuneration and … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Never Trust a Close Relative of Your Opponent

No Duty to Defend Although the duty to defend is broader than the duty to indemnify under a liability insurance policy that duty is not without limit. To defeat a motion for summary judgment the defendant, seeking defense and/or indemnity … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Needed by Every Insurance Professional

Everything Needed by the Insurance Professional Over the last 51 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Zalma’s Insurance Fraud Letter – December 15, 2018

Zalma’s Insurance Fraud Letter   A Christmas Fable of Fraud   Zalma’s Insurance Fraud Letter, Volume 22, No. 24          Merry Christmas A Christmas Fable of Fraud   ZIFL publishes this story at Christmas time every year. I … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Everything Needed by the Insurance Claims Professional

Everything Needed by the Insurance Claims Professional Over the last 51 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Coulda, Shoulda, Woulda – Divorce is Expensive

Divorce Effects Cancellation of Dependent Life Insurance Coverage Employer provided life insurance programs are controlled by the Employee Retirement Income Security Act (“ERISA”) and its terms and conditions. Unlike insurance obtained directly by the insured for the benefit of a … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

ABA Insurance Books by Barry Zalma

Books from the American Bar Association The Commercial Property Insurance Policy Deskbook How to Acquire a Commercial Property Policy and Present and Collect a First-Party Property Insurance Claim By Barry Zalma The Commercial Property Insurance Policy Deskbook is a comprehensive … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Suit Must Allege Facts Giving Rise to a Potential for Coverage

Facts Ultimately Proven in the Underlying Litigation Have No Bearing on an Insurer’s Duty to Defend In Maryland and many other states coverage for defense or indemnity are determined from the allegations in the suit brought against the insured for … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Great Gifts for the Insurance Professional

New Books from Full Court Press Full Court Press continues to publish expert secondary content. This time it’s a new collection of insurance law treatises from consultant, expert witness, arbitrator, and mediator Barry Zalma. Barry Zalma practiced law in California … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Duty to Defend Only Applies to Person Sued

No Right to Rescind a Contract that Does Not Exist Liability insurance is designed to provide defense and indemnity to persons insured who are sued as a result of events covered by the insurance policy. It does not, nor can … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Insurance Crime for Fun, Profit & Jail

Fictionalized True Insurance Crime Books “HEADS I WIN, TAILS YOU LOSE” A collection of columns originally published in the magazines “Insurance Journal,” “Insurance Week,” and “The John Cooke Insurance Fraud Report” insurance trade publications serving the insurance community in the … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

When an Insurer Sues Another Insurer Without Good Cause

The Problems Arise because an Insurance Company Couldn’t or Wouldn’t Read a Policy Under basic state law across the country an employer never can be sued for injuries incurred by its employees. However, contracts between builders and owners often shift … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Ethics, Rescission and the Examination Under Oath

The Covenant of Good Faith And Fair Dealing For the last three centuries, at least, every insurance policy issued contains, by judicial fiat, a covenant of good faith and fair dealing. That covenant requires that every insurance transaction is ethical, … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

False Warranty Eliminates Coverage

It’s Not Nice to Lie to an Insurer – It’s Fatal Warranties made to insurers and made a part of an insurance policy are special promises the veracity of which are the basis upon which the insurance exists. If the … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Books for the Insurance Professional – A Perfect Gift

Adjusting The need for experienced, well trained and professional claims handlers is severe especially after the many catastrophes by wildfire, hurricane and tornado. The two Compact Books on Adjusting will allow even the novice adjuster to understand the profession and … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

SOS – Limited Coverage for Sewage in Restaurant

Insurer Provided Sewer Back-Up Coverage But Limited its Liability People who write insurance policies have found a way to avoid contentious claims where the cause of loss is difficult to ascertain or deal with by an insurer. Rather than trying … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Needed by Every Insurance Professional

A Gift Wished for by Every Insurance Professional Over the last 51 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Failure to Fulfill Warranty Prevents Policy from Attaching to Risk

An Assignment of a Bad Faith Claim is Worthless if there is no Coverage Insurance policies include conditions precedent and warranties to protect the insurer against being compelled to indemnify an insured for risks the insurer had no intent or … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

More Perfect Gifts for Insurance Professionals

Insurance Claims, Construction Defect and Mold Do you make it a practice to provide gifts to insurance professionals, insurance claims departments, insurance underwriting departments, insurance agents or insurance brokers? Remember, wine, cookies, fruit, etc last a few days and are … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Insurance Company – Read The Policies Before You Sue

No Grant of Coverage Means No Need to Discuss “Other Insurance” Provisions Reason requires that an insurance policy is capable of reading and understanding the policy of insurance it issued and policies of insurance issued by other insurers. Litigation, however, … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

More Gifts for the Person Interested in Insurance

Books for the Insurance Professional Do you make it a practice to provide gifts to insurance professionals, insurance claims departments, insurance underwriting departments, insurance agents or insurance brokers? Remember, wine, cookies, fruit, etc last a few days and are quickly … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

No Right of Subrogation Against an “Insured”

Anti-Subrogation Defeats Suit Subrogation is a very important equitable remedy available to an insurer to allow it to recover from a third party tort-feasor or a person with a contractual obligation to pay for damages, to improve its bottom line. … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Zalma’s Insurance Fraud Letter – December 1, 2018

Liar, Liar, Pants on Fire – Fraud Does not Pay   Zalma’s Insurance Fraud Letter, Volume 22, No. 23       Happy Chanukah   Misrepresentation or Concealment of Material Fact Requires Rescission The verdict of a jury is usually honored by … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Perfect Gift for Anyone Interested in Insurance

Give a Practical and Useful Gift In this season insurance professionals often receive from vendors cookies, popcorn, and other goodies to celebrate the season. Instead of fattening and sugar laden foods that disappear quickly consider giving people in the business … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Bad Faith Cause of Action Accrues When Cause of Action is Available

Coverage Doesn’t Need to be Determined Before Bad Faith Suit Can Be Brought Bad faith claims in Delaware are statutory and must be brought in accordance with the statute. When the suit can be filed can be in dispute. In … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Information Needed by Everyone who Works in Insurance

The Key to Professionalism in Insurance is Education Insurance, and insurance law, is an ever changing process. As readers of this blog surely understand new case law, new statutes, new policy forms, and new Regulations seem to inundate the insurance … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

For Wrongs by the State there is no Remedy

Strip Search and Sovereign Immunity It is an ancient maxim that “for every wrong there is a remedy.” That maxim, however, does not apply always. If a government does wrong and has neither waived sovereign immunity nor purchased insurance there … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

More Perfect Christmas Gifts

Christmas Gifts for Anyone Interested in Insurance If you know anyone interested in insurance, working as an insurance agent, broker, claims person, underwriter or actuary, these true crime stories will let them enjoy the post Christmas season with easy reading … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Hard Fraud

Premeditated and Intentionally Committed Hard fraud schemes are premeditated and intentionally committed. Those who differentiate between types of fraud would place these in the category of “hard fraud.” It is considered “hard fraud” because the person perpetrating the fraud did … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

The Perfect Christmas Gift for Every Insurance Professional

What Every Insurance Person Needs Do you work with insurers? Do you represent insurers? Do you have friends or relatives who work in insurance claims? If so they need, and will enjoy any one or more of the following four … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Another Reason Why the Government Should Not Be Involved in Insurance

Crop Insurance Statute Must be Enforced as Written The easiest way for a business to fail is to let the government get involved with the business. Consider the Federal Flood Insurance Program, Medicaid, Medicare, and The Federal Crop Insurance Act … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Primers for the Insurance Adjuster

Primers for the Insurance Adjuster Insurers with newly hired insurance adjusters need to teach them the basic tenets of insurance claims adjusting. Insurers who wish to improve the work product of their current staff of claims handlers need a refresher … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

No Coverage Unless You are an Insured

Only an “Insured” Entitled to Defense or Indemnity The Supreme Court of the State of New York, the trial court, surprised the parties to a declaratory relief action by actually reading the insurance policy which, had the parties done so, … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Happy Thanksgiving

What I am Thankful For My family and I have much to be thankful for this year, not the least of which are my cardiologist and cardio surgeon who saved my life and performed a major open heart by pass … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

“Insurance Fraud & Weapons to Defeat Insurance Fraud”

Insurance fraud takes from $80 Billion to $300 Billion every year from the insurance buying public. The insurance industry, logically, and by statute must work to diminish the effect of insurance fraud. The two volumes of “Insurance Fraud & Weapons … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

President an Arsonist But Not Enough to Defeat Claim

Law of the Case Reverses Jury Verdict in Favor of Insurer Attempted arson-for-profit will usually void coverage. However, voiding coverage for such an attempt requires – in Michigan – that the person causing the fire to occur was in complete … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

New from the American Bar Association

The Commercial Property Insurance Policy Deskbook How to Acquire a Commercial Property Policy and Present and Collect a First-Party Property Insurance Claim By Barry Zalma The Commercial Property Insurance Policy Deskbook is a comprehensive resource on acquiring a commercial property … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Mold and Bad Faith

Two Important New Books Mold Claims This series of books is the latest addition to Barry Zalma’s insurance claims series of books and articles that will form the most thorough, up-to-date, expert-authored insurance claims guide available today. Written by nationally-renowned insurance … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment

Liar, Liar, Pants on Fire – Fraud Does not Pay

Misrepresentation or Concealment of Material Fact Requires Rescission The verdict of a jury is usually honored by trial and appellate courts. Juries usually make a correct decision based on the evidence presented to the jury. However, juries can be deceived … Continue reading

Share
Posted in Zalma on Insurance | Leave a comment