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.

Inadequate Underwriting Allows Insurer to be Sued

Evidence Showing Plaintiff as an “Additional Interest” is Sufficient to Establish Standing to Sue in Missouri Insurance agents, brokers, and insurance company underwriters issue evidences of insurance upon which parties rely. Usually the name the additional interests, additional insureds and … Continue reading

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It’s Time to Train Up the Claims Staff

But for Inadequate or Incompetent Claims Staff there Would be no Tort of Bad Faith To assist the insurance industry avoid the tort of bad faith Barry Zalma, Esq., CFE, an insurance coverage and claims consultant, has created a library … Continue reading

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No UM Coverage Because of Failure to Comply with Insurer’s Requests for Information

Breach of Material Condition Eliminates Right to UM Benefits Every automobile liability insurance policy and every auto policy that provides uninsured motorist or under-insured motorist coverage requires that the insured cooperates with the investigation of the insurer. That cooperation is … Continue reading

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Claims Personnel who are Inadequate or Unprofessional  Beg to be Sued for Bad Faith

The Tort of Bad Faith Was Created by Inadequate or Incompetent Claims Staff As the Baby Boom generation retires insurers are obligated to hire new, young and inexperienced claims personnel out of a employment market where there are more jobs … Continue reading

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Third Party Settlement Without Knowledge of Insurer is Prejudicial and Defeats Claim

Condition Precedent Must be Fulfilled Every liability insurance policy requires the insured to promptly report losses and to keep the insurer advised about settlement negotiations and attempts at settlement. Each requirement is a common law condition precedent to indemnity under … Continue reading

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Zalma’s Insurance Fraud Letter – June 15, 2019

 Zalma’s Insurance Fraud Letter    Zalma’s Insurance Fraud Letter, Volume 23, No. 12 Some of the articles you can read in this issue of ZIFL follow:  Liar, Liar, Pants on Fire You Can’t Commit a little Fraud any more than … Continue reading

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Every Insurer Needs a Staff of Professional Claims Handlers

The Tort of Bad Faith Was Created by Inadequate or Incompetent Claims Staff Claims Personnel who are Inadequate or Unprofessional  Beg to be Sued for Bad Faith Insurance is a business of utmost good faith. Each party to the contract … Continue reading

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California Supreme Court Suggests Insurers Invent a New Coverage For Loss of Earnings When Disaster Causes Only Economic Losses

No Tort Liability for a Purely Economic Injury Tort law serves society’s interest in allocating risks and costs to those who can better prevent them, and it provides aggrieved parties with just compensation. But claims for purely economic losses suffered … Continue reading

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Insurance Fraud for Fun and Profit

The Fraud Perpetrator Uses the Tort of Bad Faith to Profit True Crime Fiction About Insurance Fraud Insurance is a business of utmost good faith. Each party to the contract of insurance must do nothing to deprive the other of … Continue reading

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NFIA is not “Insurance”

To Pursue Litigation Against a National Flood Insurance Act Claim the Insured Must Strictly Comply with Statute The National Flood Insurance Act (the Act) created a statutory scheme to allow private insurers to issue and deal with flood claims on … Continue reading

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Avoid Bad Faith Suits By Educating Claims Personnel

The Tort of Bad Faith Was Created by Inadequate or Incompetent Claims Staff If Your Claims Personnel are Inadequate or Unprofessional you are Begging to be Sued for Bad Faith Insurance is a business of utmost good faith. Each party … Continue reading

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Stranger Originated Life Insurance Void in New Jersey

A Fraudulently Obtained Life Policy Void Even After Expiration of Incontestability Period Sometimes, much to the surprise of the litigants, bad facts make good law. In New Jersey the Supreme Court was asked whether the owner of a fraudulently obtained … Continue reading

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Inadequate or Incompetent Claims Staff Created the Tort of Bad Faith

You Can Avoid Bad Faith By Training Claims Personnel If Your Claims Personnel are Inadequate or Unprofessional you are Begging to be Sued for Bad Faith Insurance is a business of utmost good faith. Each party to the contract of … Continue reading

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Guilty of Child Pornography Crime Cannot Be a Fortuitous Occurrence

Child Pornographer Dies in Jail – Plaintiffs Seek Money from Insurer Criminal conduct is, by definition, an intentional act. Insurance, by definition, can only provide defense or indemnity to a person sued for tortious conduct if that conduct is fortuitous. … Continue reading

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Insurers Must Hire, Train & Maintain a Staff of Professional Insurance Claims Personnel

The Covenant of Good Faith & Fair Dealing Will Only Be Fulfilled by Trained & Experienced Claims Personnel Insurance is a business of utmost good faith. Each party to the contract of insurance must do nothing to deprive the other … Continue reading

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Insured Can’t Change Policy Limit to Cover Loss

Policy Limit is Most an Insurer Need Pay When a lender purchases insurance to protect its interests it only buys a limit sufficient to cover its outstanding loan. The lender does not purchase insurance to protect the borrower who has … Continue reading

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Professional Claims People Assure the Covenant of Good Faith & Fair Dealing Will Be Fulfilled

Insurers Must Hire, Train & Maintain a Staff of Professional Insurance Claims Personnel Insurance is a business of utmost good faith. Each party to the contract of insurance must do nothing to deprive the other of the benefits of the … Continue reading

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Liar, Liar, Pants on Fire

You Can’t Commit a little Fraud any more than you can be a Little Dead Insurance policies invariably exclude coverage for an insured that commits a fraud in the presentation of a claim. When a person has a legitimate claim … Continue reading

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Insurers Must Hire, Train & Maintain a Staff of Professional Insurance Claims Personnel

Professional Claims People Assure the Covenant of Good Faith & Fair Dealing Will Be Fulfilled Insurance is a business of utmost good faith. Each party to the contract of insurance must do nothing to deprive the other of the benefits … Continue reading

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The Eight Corners Rule Strikes Against Poor Policy Wording

Injury Based – Not Tort Based – Policy Requires Defense It is axiomatic that bad facts will often make interesting law. The Fifth Circuit, faced with terrible facts of wrongful arrest, forced confessions and wrongful convictions, and then serious injuries … Continue reading

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Insurers Must Hire, Train & Maintain a Staff of Professional Insurance Claims Personnel

Professional Claims People Assure the Covenant of Good Faith & Fair Dealing Will Be Fulfilled Insurance is a business of utmost good faith. Each party to the contract of insurance must do nothing to deprive the other of the benefits … Continue reading

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Insurance is Limited to the Single Business Described

Insured May Not Expand Coverage by Adding a Business Without the Agreement of the Insurer To the surprise or chagrin of many an insurance policy is nothing more than a contract. If the terms and conditions of that contract are … Continue reading

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Create a Staff of Professional Insurance Claims Personnel

Knowledge, Training and Experience Needed for Effective Claims Handling Insurance is a business of utmost good faith. Each party to the contract of insurance must do nothing to deprive the other of the benefits of the contract of insurance. To … Continue reading

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Insured’s Attempt to Profit from Claims Fails

Insured Must Actually Spend the Difference Between ACV and RCV to Collect Insurance is designed to provide indemnity to the insured. That means, simply, that the insured gets – in cash – what it lost by a peril insured against. … Continue reading

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Zalma’s Insurance Fraud Letter – June 1, 2019

 Zalma’s Insurance Fraud Letter    Insurance Fraud Schemer Must Serve 84 Months  Zalma’s Insurance Fraud Letter, Volume 23, No. 11      Some of the articles you can read in this issue of ZIFL follow:  Sentence Stands, Restitution Needs to be … Continue reading

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Excellence in Claims Handling – Property Claims

The Excellence In Claims Handling program provides everything a person or entity presenting a claim needs to effectively present the claim and provides the insurance claims person with everything he or she needs to properly represent the insurer. The insured, … Continue reading

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More Insurance Books

The Insurance Examination Under Oath, Rescission of Insurance, Ethics for the Insurance Professional, California SIU Regulations, California Fair Claims Settlement Practices Regulations Barry Zalma, Esq., CFE, an insurance coverage and claims expert, has created a library of insurance claims books … Continue reading

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Class Action Requires a Plaintiff with a Claim

No Right to Claim After Accepting Settlement and Cashing Check Plaintiffs’ lawyers, especially when dealing with insurance companies, really like class action suits because they can make a great deal of money even if the class members get a pittance. … Continue reading

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Insurance Books for Everyone Interested in Insurance Claims

Insurance Fraud and Weapons to Defeat Fraud, The Compact Book of Adjusting Property Claims – Second Edition; and The Compact Book of Adjusting Liability Claims – Second Edition Barry Zalma, Esq., CFE, an insurance coverage and claims expert, has created … Continue reading

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Assignment of Rights Against Liability Insurer is Useless if no Coverage

A Pig in a Poke is not as Valuable as a Collectible Judgment Against a Tortfeasor As a movie star once said: “Greed is good!” With regard to torts and insurance greed is not only bad, it is useless and … Continue reading

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Insurance Books You Need from Barry Zalma

The Law of Unintended Consequences and the Tort of Bad Faith, Mold Claims and Construction Defects and Insurance Barry Zalma, Esq., CFE, an insurance coverage and claims expert, has created a library of insurance claims books and other materials to … Continue reading

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If You’re Not in, on, or upon a Vehicle: No Coverage

No UM/UIM Coverage if Away from Insured Vehicle Plaintiff was a police officer for the city of Zion, Illinois (Zion). Lloyd’s provided general liability insurance coverage for Zion, which included uninsured motorist coverage. Assurance was the broker of the policy. … Continue reading

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Books for those who Need a Homeowners Policy or Deals with Insurance Claims

The Homeowners Insurance Policy and Zalma on Insurance Claims – Ten Volumes Barry Zalma, Esq., CFE, an insurance coverage and claims expert, has created a library of insurance claims books and other materials to make it possible for insurers and … Continue reading

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Blanket Coverage Insures Against Loss to All Structures Identified

Total Loss to a Blanket Coverage Requires Destruction of All Buildings Described Valued property statutes have been enacted in several states to avoid disputes over the amount of loss when there is a total destruction of the property. A valued … Continue reading

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Important Books From Major Insurance Publishers

Important Books from Full Court Press, ClaimSchool, Inc., The American Bar Association, and Thompson Reuters by Barry Zalma Barry Zalma, Esq., CFE, an insurance coverage and claims expert, has created a library of insurance claims books and other materials to … Continue reading

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Accident Resulting from Criminal Conduct Excluded

Accident Resulting While Fleeing From Police is Criminal Conduct A motor vehicle crash that occurs during a high speed chase while an unlicensed driver attempted to avoid contact with police is not the type of incident that an automobile liability … Continue reading

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True Crime and Insurance Fraud

“Arson-For-Profit Fire at the Cowboy Bar & Grill;” “M.O.M. & The Taipei Fraud;” “Arson for Profit;” “Murder & Old Lace;” “Murder And Insurance Fraud Don’t Mix;” “Candy and Abel: Murder for Insurance Money;” and “HEADS I WIN, TAILS YOU LOSE” … Continue reading

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Plaintiff Needs Clear and Convincing Evidence of a Waiver

Vacant Property Condition Clear and Unambiguous No one enjoys application of a contract provision when it costs them money. They like it less when the cost is due to a contract condition that is clear and unambiguous. People who are … Continue reading

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Intelligence for Every Insurance Claims Professional

The Insurance Examination Under Oath, Rescission of Insurance, Ethics for the Insurance Professional; California SIU Regulations; California Fair Claims Settlement Practices Regulations Barry Zalma, Esq., CFE, an insurance coverage and claims expert, has created a library of insurance claims books … Continue reading

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Insurance Fraud Schemer Must Serve 84 Months

Sentence Stands, Restitution Needs to be Modified Insurance fraud is rampant. Often, even after the perpetrator is caught, tried and sentence the sentence is minimal. Not in Federal Court. Hal Kreitman was convicted of mail fraud, conspiracy to commit mail … Continue reading

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