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 Fair Claims, SIU, Ethics & Rescission Books

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

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Arkansas Requires Actual Physical Contact with Uninsured Motorist

Injured Party Must Fulfill Conditions Precedent to Recover UM Benefits On August 15, 2014, George Konecny (Konecny), an employee of Arkansas Electric Cooperative Corporation (“AECC”), was driving an AECC pickup truck northbound on Highway 11 in Prairie County when he … Continue reading

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Compact Books on Adjusting Property & Liability Claims

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

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He who Buys Insurance from an Insurer that Fails Must Bear the Burden of Lost Coverage

Receiver Can’t Stop Litigation Against Defunct Insurer’s Insureds Much to the surprise of lay people insurers go broke with some regularity and have done so annually for the last century. As a result New York adopted the Uniform Insurance Liquidation … Continue reading

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Needed by Every Insurance Defense Lawyer & Claims Adjuster

Unintended Consequences of Bad Faith and Insurance Fraud & Weapons to Defeat Fraud 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 … Continue reading

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A Jury Should Never see Defendant’s Available Liability Insurance

Jury Verdict Equal to Available Insurance Improperly Provided to Jury is Indication of Misconduct Jurors, willing to give damages for injuries received, should never be allowed to know the insurance available to the defendant since they might consider the available … Continue reading

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The Information Needed by Every Insurer Deceived by an Insured

“Rescission of Insurance – 2nd Edition” Read about this and other insurance books by Barry Zalma at https://zalma.com/blog/insurance-claims-library/ Newly updated and expanded, “Rescission of Insurance – 2nd Edition” provides the insurance coverage lawyer, policyholder lawyer and claims professionals with everything … Continue reading

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Avoid Penalties: Only Assert Bona Fide Disputes!

Denial Based on Reasonable Interpretation of Policy Wording Avoids Penalties The plaintiff, Jeffrey Patzius, sought sanctions pursuant to section 155 of the Illinois Insurance Code (Code) (215 ILCS 5/155 (West 2016)) against the defendant, American Family Insurance, for what he … Continue reading

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Why do Courts Let Insureds Vex and Annoy Insurers?

Evidence is Needed to Prove the Tort of Bad Faith Some people simply refuse to accept a claim denial, even after a trial court, three times found that the insured had no case. In Timothy A. Mohney v. American General … Continue reading

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Construction Defects and Homeowners and Mold Claims

Needed by Every Insurance Defense Lawyer & Claims Adjuster 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 … Continue reading

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Fake Certificate Provided to Gain Right to Work Defrauded General Contractor

Forging a Certificate of Insurance is a Crime Every construction contract requires that subcontractors provide certificates of insurance as a condition of working on the construction project. Many subcontractors do not have liability insurance that would fulfill the requirements of … Continue reading

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Zalma on Insurance Claims

Ten Volumes Comprising A Comprehensive Group of Materials on Property & Casualty Insurance Claims 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 … Continue reading

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Suicide is a Selfish Act

Third Circuit Insists on Applying Clear and Unambiguous Language of Insurance Policy Life insurance policies are different from other insurance policies because they put a two year limit on certain exclusions. In Nicholas Lomma; J. L., a Minor, by Anthony … Continue reading

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Zalma’s Insurance Fraud Letter – October 15, 2019

Insurance is the Only Crime Where the Victim Is Required to Pay for Investigation & Prosecution of the Criminal or No Investigation Will Be Done  Zalma’s Insurance Fraud Letter, Volume 23, No. 20 Some of the articles you can read … Continue reading

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Barry Zalma’s Books from the ABA and ThomsonReuters

Books from the American Bar Association 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

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Why an Insured Should Never Use an Expert Who Supports Application of an Exclusion

No Cover When Wear & Tear is Cause of Loss Dominic Messina insured his home with Shelter Mutual Insurance Company. The brick veneer on an exterior wall of Messina’s home collapsed, and he filed a property damage claim with Shelter. … Continue reading

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“Zalma on Property and Casualty Insurance,” “Insurance Law Deskbook,“ “California Insurance Law Deskbook,” “Insurance Bad Faith and Punitive Damages Deskbook”

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

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No Cover for a 5000 gallon, 25 Day Water Seepage

Water Damage Specifically and Clearly Excluded After five thousand gallons of water running continuously at a rate of nine to ten gallons per hour for a 25-day period seriously caused damage to a residence including mold growth and infestation. The … Continue reading

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Fictionalized True Insurance Crime Books

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

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If You Deprive Your Insurer of its Subrogation Rights You Lose

Subrogation is an Important Right Policy Gives to the Insurer Almost every insurance policy directly provides an insurer with the equitable remedy of subrogation that allows, in the event of a claims payment, the insurer to recover what it paid … Continue reading

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New Insurance Video Courses

Simpliv.com Has Published Five Courses by Barry Zalma Go to https://www.simpliv.com/author/5d5e81c2341f1a006f4b84e0 for details.   What is Insurance? Barry Zalma $ 29.99 $ 149.99 An Overview of Insurance Fraud Barry Zalma $ 9.99 The Law of Torts for the Insurance Professional … Continue reading

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Regulations, Rescission, Ethics & the Examination Under Oath

Books 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

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Why a Clear and Unambiguous Exclusion to an Insurer not Always Clear to a Court

Ambiguity Makes Exclusion Uninforceable Directors and Officers Liability Insurance policies (D&O) protect directors and officers of a corporation from damages resulting from their wrongful acts as defined by the policy. In EMSI Acquisition, Inc., as assignee of Mark S. Davis … Continue reading

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The Compact Books of Adjusting Property or Liability Claims

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

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Not all Lawyers are Liars but When they Lie they Lose Coverage

When a Lawyer Applicant Treats Insurer in Bad Faith by Lying on an Application Policy is Rescinded The covenant of good faith and fair dealing applies equally to the person insured as it does to the insurer. The person applying … Continue reading

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The Insurance Claims Library by Barry Zalma

Insurance Fraud and the Tort of Bad Faith 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

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Washington State Returns the Tort of Bad Faith to Sanity

Washington State Adjusters Can Breathe Again In the 1970’s California lawyers sued adjusters and lawyers for the tort of bad faith in order to destroy diversity and keep insurers from moving cases to federal court. California adjusters would be sued … Continue reading

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Why an Excluded Driver Not Entitled to UM/UIM Coverage

Words Of A Statute Must Be Given Their Plain And Ordinary Meaning South Carolina’s excluded driver statute, § 38-77-340, provides: “Notwithstanding the definition of “insured” in Section 38-77-30, the insurer and any named insured must, by the terms of a … Continue reading

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Construction Defects and Mold Claims Books

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

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Insurance is not a Gamble – It is a Contractual Risk Transfer Device

Insured who Paid More Premium than Life Benefit not Entitled to Sue Insurer Insurance provides the primary method by which individuals and businesses transfer the risk of loss to an insurance company that accepts the risk and distributes the cost … Continue reading

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The Insurance Claims Library

Insurance Books: Homeowners and Zalma on Insurance Claims 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

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Why it is Never Prudent to Insure a Rental Property under a Homeowners Policy

Insuring Rental Property under a Homeowners Policy is Just Plain Stupid It is axiomatic – a certainty – that most people do not read their insurance policies nor do they always use insurance to protect themselves properly. State Farm tried … Continue reading

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Fictionalized True Insurance Crime Books

Insurance Fraud for Fun and Profit 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

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You only get What you Pay For!

Reasonable Expectations Must be Real and Objectively Reasonable The reasonable expectations doctrine is often used to create coverage where the insurance policy has no wording to support the expectations. It should only be used when there is an ambiguity or … Continue reading

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Advising an Insurer of a Claim When Insurance Obtained by Fraud is a Crime

Conviction Affirmed Against the best Wishes of the Appellate Court In Commonwealth of Pennsylvania v. Renee M. Bruder, J-S40005-19, No. 1282 WDA 2018, Superior Court of Pennsylvania (September 30, 2019) Renee M. Bruder, appealed from a sentence of 3 years’ … Continue reading

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Zalma’s Insurance Fraud Letter — October 1, 1979 – 2019

Zalma’s Insurance Fraud Letter   October 1, 1979 – 2019 Another Anniversary  Zalma’s Insurance Fraud Letter, Volume 23, No. 19 Parts of Some of the articles you can read in this issue of ZIFL follow: L’shana Tova – Happy New … Continue reading

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How to be a Professional Claims Handler

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

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Why a Policyholder Must Fulfill all Conditions before Filing Suit

Failure to Submit to EUO Abates Lawsuit Almost every first party policy contains a provision requiring the insured to produce relevant documents and submit to an examination under oath (EUO) and to do so before filing suit. Similar conditions have … Continue reading

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Crazy or Not the Insured Intended to Kill his Wife

Inability to form Criminal Intent does not Make Murder an Accident On January 23, 2017, Noah Ravenscroft killed his wife, Kristy Jo, by stabbing her 24 times, striking her in the chest 13 times. At the time of the homicide, … Continue reading

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Adjusting The Third-Party Liability Claims

The Compact Book of Adjusting Liability Claims Adjusting liability insurance claims requires skill, patience, knowledge of insurance, basic knowledge of tort and contract law, and knowledge and experience as an investigator. The liability claims adjuster is faced with the following … Continue reading

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