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.

Fairly Debatable Action by Insurer

Reasonable & Arguable Reason to Deny Claim not Bad Faith Post 4778 See the full video at https://rumble.com/v4ow4tt-fairly-debatable-action-by-insurer.html  and at https://youtu.be/46hejNuhMRQ William A. Lemons, Jr., M.D., a doctor who specialized in obstetrics and gynecology (“OB/GYN”), sued Principal Life Insurance Company … Continue reading

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Pro Se Plaintiff’s Qui Tam Suit Fails

Private Citizen May Not Compel Enforcement of a Criminal Law Post 4774 See the full video at https://rumble.com/v4olbw5-pro-se-plaintiffs-qui-tam-suit-fails.html  and at https://youtu.be/1AwpmNfjQek Ronald Rothman appealed from an order of the District Court dismissing his complaint with prejudice and remanding a foreclosure … Continue reading

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Who’s on First?

Insurer Files Interpleader to Allow Claim Payment to Proper Competing Claims Against Funds Post 4773 See the full video at https://rumble.com/v4of8jo-whos-on-first.html  and at https://youtu.be/mCY8rYGqSGc In an interpleader action arising out of a jury trial in Hanover Am. Ins. Co. v … Continue reading

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Court Slaps Down SLAPP Suit

Lawyers Fraudulent Billing is not Pre-Litigation Protected Petitioning Activity Post 4772 See the full video at https://rumble.com/v4o7s9c-court-slaps-down-slapp-suit.html  and at https://youtu.be/9NFVUji0uF4 Strategic Lawsuits Against Public Participation (SLAPP suits) are meritless lawsuits designed to harass parties for engaging in protected activities (the … Continue reading

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Real Property Damage Required for Defense

“Property Damage” Must Be Actual Not Potential Post 4771 See the full video at https://rumble.com/v4nnf3u-real-property-damage-required-for-defense.html  and at https://youtu.be/z2azn1FG2EQ Breach of Construction Contract Not an Insured Peril After the plaintiff’s motion for summary judgment was rejected and the defendant insurer’s motion … Continue reading

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To Plead Fraud Plaintiff Must Identify Acts of Fraud

Suspicion of Fraud Cannot Support Qui Tam Action Post 4770 See the full video at https://rumble.com/v4ngeyi-to-plead-fraud-plaintiff-must-identify-acts-of-fraud.html and at https://youtu.be/V8lmqgXsMNU Richard Campfield, suing for the State of California, appealed the trial court sustained the demurrer of defendants Safelite Group, Inc. and … Continue reading

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Life Insurance Can Be Hazardous to Your Health

Insurance Fraud by Board & Care Facility Post 4769 See the full video at https://rumble.com/v4n98rz-life-insurance-can-be-hazardous-to-your-health.html  and at https://youtu.be/2z9EdkKPVUU This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I … Continue reading

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Never Lie on an Application for Insurance

Conceal or Misrepresent Material Facts Requires Rescission in Alabama Post 4768 See the full video at https://rumble.com/v4n1gi5-never-lie-on-an-application-for-insurance.html  and at https://youtu.be/JwHq6xb6pA4 Allied World issued general liability policies to Clint Lovette (“Lovette”) and his companies.  (collectively “Lovette Defendants”) for the policy periods … Continue reading

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Compassion Not Available for Arsonist

No Reason to Release Convicted Arsonist Early Post 4767 See the full video at https://rumble.com/v4mua6c-compassion-not-available-for-arsonist.html and at https://youtu.be/ab6rFw_DLSE In United States Of America v. Jonathan Paul Wiktorchik, Jr., No. 23-2564, United States Court of Appeals, Third Circuit (March 25, 2024) … Continue reading

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Zalma’s Insurance Fraud Letter – April 1, 2024

ZIFL-04-01-2024 Volume 28, Number 7 Subscribe to ZIFL Here Post 4766 The Source for the Insurance Fraud Professional Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. … Continue reading

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Litigation Between Insurers Should be Avoided

Potential of Coverage is Enough to Require an Insurer to Defend Post 4765 See the full video at https://rumble.com/v4m2j79-litigation-between-insurers-should-be-avoided.html  and at https://youtu.be/CzzxD2wh46g When two or more insurance companies issue policies with a potential for coverage of a claim of bodily … Continue reading

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Soft Fraud

How Most Get Away With Insurance Fraud Post 4764 See the full video at https://rumble.com/v4luxm2-soft-fraud.html  and at https://youtu.be/52DjezN4OX8 For reasons known only to governmental entities some insist on categorizing fraud into both “hard” and “soft” fraud. By so doing the … Continue reading

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Red Flags of Insurance Fraud

Indicators of Insurance Fraud are Investigative Tools Post 4763 See the full video at https://rumble.com/v4ln1xr-red-flags-of-insurance-fraud.html  and at https://youtu.be/xSnn0wy1yUU Suspicious claims have common attributes. Insurers and their anti-fraud organizations have collated the common attributes into lists of indicators or red flags … Continue reading

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Prison Employee Commits a Crime She Was Employed to Prevent

GUILTY OF WORKERS’ COMPENSATION FRAUD Post 4762 See the full video at https://rumble.com/v4lftv9-prison-employee-commits-a-crime-she-was-employed-to-prevent.html  and at https://youtu.be/-qGrZvs1pMQ On January 10, 2022, defendant Tiffinie Marvell Jones was convicted by a jury of one count of insurance fraud. Jones filed a motion for … Continue reading

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Passover Begins on April 22, 2024

“The Passover Seder For Americans” See the Full Video at https://rumble.com/v4lfop2-passover-begins-on-april-22-2024.html and at https://youtu.be/d9mFobQBwlU My family will, starting on April 22, 2024 will tell the story of the Passover using the book my wife and I wrote for our family. … Continue reading

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Insurer Must Report Suspected Fraud

When an Insurer Reports Fraud to the State Without Malice It is Immune From Suits Claiming Defamation No Cause of Action for Libel, Slander or any Other Relevant Tort Post 4761 See the full video at https://rumble.com/v4kufvr-insurer-must-report-suspected-fraud.html and at https://youtu.be/GaH67TKJwSo … Continue reading

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Passover For Americans

“The Passover Seder For Americans” For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in … Continue reading

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Pollution Exclusion Deters Deliberate or Negligent Behavior that Leads to Environmental Harm

No Insurance Policy Covers Every Risk of Loss Post 4760 See the full video at https://rumble.com/v4kn81r-pollution-exclusion-deters-deliberate-or-negligent-behavior-that-leads-to-e.html  and at https://youtu.be/IDetsMbjzWM Pollution Exclusions Deter Polluters In the world of business, corporations obtain commercial insurance to protect their assets, and commercial insurers customarily … Continue reading

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Statute Limited to Acts of Insured Cannot be Used Against Insurer

Court Must Read Statute as Written Insured Seeks to Impose Damages on Insurer under the Fraud Act Post 4759 See the full video at https://rumble.com/v4kf7h0-statute-limited-to-acts-of-insured-cannot-be-used-against-insurer.html  and at https://youtu.be/Skhchoc0hPI Losses claimed under a policy of insurance issued to Plaintiff Volunteer Management … Continue reading

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$16 Million to $1

Failure to Provide a Proper Standard for Damages Reduced Judgement   Post 4758 See the full video at  https://rumble.com/v4kdyjr-16-million-to-1.html and at https://youtu.be/5P4Y8xv2yBg In Malcolm Wiener v. AXA Equitable Life Insurance Company, No. 3:18-cv-00106-RJC-DSC, United States District Court, W.D. North Carolina, Charlotte … Continue reading

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Patient Brokering and Referral Scheme Enjoined

GEICO Again Acts Proactively Against Insurance Fraud and Takes a Bite Out of Crime Post 4757 See the full video at https://rumble.com/v4k0ba3-patient-brokering-and-referral-scheme-enjoined.html and at https://youtu.be/uCKtD5BlxQE No-Fault auto insurance was touted as a panacea to increasing insurance rates because of auto … Continue reading

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Overwhelming Evidence Establishes Guilt

Witness Statement Rejected and Instruction by Court to Ignore not Prejudicial See the full video at https://rumble.com/v4jfqci-overwhelming-evidence-establishes-guilt.html and at https://youtu.be/on7VNaU9OeA Post 4756 A jury convicted Adan Contreras Rivas of several felonies, including theft by false pretenses. On appeal, Rivas argued … Continue reading

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Zalma’s Insurance Fraud Letter – March 15, 2024

ZIFL Volume 28, Issue 6 Subscribe to ZIFL Here Post 4755 See the full video at https://rumble.com/v4j8duw-zalmas-insurance-fraud-letter-march-15-2024.html  and at https://youtu.be/ifARHJqjeVs 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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The Contractor

Insurance Fraud Costs Everyone The Following is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. Post 4754 See the full video … Continue reading

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No Alarm No Coverage

Protective Safeguards Endorsement is a Condition Precedent Post 4754 See the full video at https://rumble.com/v4isqgu-no-alarm-no-coverage.html and at https://youtu.be/IpOUzfD1KWM Kinsale Insurance Company (“Kinsale”) sought declaratory relief against Sea Brook Harbor and Marine, et al (collectively “Seabrook”) arguing that Seabrook failed to … Continue reading

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CHUTZPAH – CHARGE OF TWO SEPARATE CRIMES DO NOT VIOLATE CONSTITUTION

Different Crimes, Different Victims, Different Witness, No Double Jeopardy Post 4753 See the full video at https://rumble.com/v4ilkcx-chutzpah-charge-of-two-separate-crimes-do-not-violate-constitution.html  and at https://youtu.be/sRfAgM4Tk-A Gregory Sewell appealed the order that denied his motion to dismiss based upon double jeopardy. In Commonwealth Of Pennsylvania v. … Continue reading

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Arsonist Begs Ohio Court to Release Him From Prison

Compassionate Release Not Available to Convict Only Because he is Fat & Diabetic ARSON-FOR-PROFIT IS A VIOLENT CRIME OF THE FIRST ORDER Post 4752 See the full video at https://rumble.com/v4hzs98-arsonist-begs-ohio-court-to-release-him-from-prison.html  and at https://youtu.be/WMo9qRM-vuQ Of the hundreds of different kinds of … Continue reading

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Insurance Fraud & Politics

US Senator Charged with Insurance Fraud & Other Crimes Fights Search Warrants Post 4751 See the full video at https://rumble.com/v4hswpc-insurance-fraud-and-politics.html  and at https://youtu.be/Ku37dN0hMgY In United States Of America v. Robert Menendez, Nadine Menendez, Wael Hana, Jose Uribe, and Fred Daibes, … Continue reading

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Insurance Only Pays for Fortuitous Losses

Misplaced Trust Excluded Post 4750 See the full video at https://rumble.com/v4hlxei-insurance-only-pays-for-fortuitous-losses.html and at https://youtu.be/x9u3fSk7wao W.W. Contracting, Inc. and its owner, Doug Williams (collectively, W.W.), entrusted tools to a W.W. employee but demanded their return at the end of his employment. … Continue reading

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The Insurance Adjuster

What is an Adjuster? Post 4748 See the full video at https://rumble.com/v4hejcc-the-insurance-adjuster.html  and at https://youtu.be/3n6LvneNAC0 The insurance adjuster is seldom, if ever, mentioned in a policy of insurance. The strict wording of the first party property policy sets the obligation … Continue reading

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Fail to Read the Policy at Your Peril

Insurance Producer Only Required to Place Insurance Ordered Post 4747 Never Assume You Are Covered See the full video at https://rumble.com/v4h7dc0-fail-to-read-the-policy-at-your-peril.html  and at https://youtu.be/QPyd26S0FYw Five Waters Properties, LLC, appealed the trial court order granting defendants, Mark Bone and Bailey Agency … Continue reading

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Insurance Policy Warranties

Warranties See the full video at https://rumble.com/v4h6wgb-insurance-policy-warranties.html  and at https://youtu.be/T5K9ljSiFVw Certain policies contain the term “warranty.” This is a word of great power. Generally, a warranty can be defined as follows: A “warranty” in insurance law is a statement or … Continue reading

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Zalma’s Insurance Fraud Letter – March 1, 2024

ZIFL Volume 28, Issue 5, March 1, 2024 Post 4746 The Source for the Insurance Fraud Professional Subscribe to ZIFL Here See the full video at https://rumble.com/v4gfkju-zalmas-insurance-fraud-letter-march-1-2024.html  and at https://youtu.be/m39eoeVlGcY Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of … Continue reading

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Go To Jail, Do Not Pass Go, Stay in Jail

Insurance Agent Defrauded Clients by Keeping Premium for His Own Benefit See the full video at https://rumble.com/v4g7z5e-go-to-jail-do-not-pass-go-stay-in-jail.html  and at  https://youtu.be/cO3qlEd1VTs Post 4745 In United States Of America v. John M. Thomas, a.k.a. John Thomas, No. 23-11137, United States Court of … Continue reading

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Ignore Court Orders at Your Peril

Frivolous Litigation and Frivolous Appeal Causes Default to Be Entered Post 4744 See the full video at https://rumble.com/v4g18qr-ignore-court-orders-at-your-peril.html and at https://youtu.be/KZz0eQkAt3Y PROOF OF FRAUDULENT CLAIM REQUIRED SUIT Plaintiff-Appellee Transamerica Life Insurance Company (“Transamerica”) sued Defendants-Appellants Akop Arutyunyan and his daughter … Continue reading

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ADA Requires Evidence of Intentional Discrimination

ADA Allows Employer to Dismiss Employee for Good Cause See the full video at https://rumble.com/v4ftbmk-ada-requires-evidence-of-intentional-discrimination.html  and at https://youtu.be/5u3YkXMi8Qo Post 4743 Jennifer Akridge appealed the entry of summary judgment for her former employer, defendant Alfa Mutual Insurance Company, on her claim … Continue reading

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Exclusion for Failure to Advise Insurer of Known Potential Loss

Circumstances that Could Result in Loss Must be Reported to Insurer See the full video at  https://rumble.com/v4foahr-exclusion-for-failure-to-advise-insurer-of-known-potential-loss.html  and at https://youtu.be/LQQW0rEOo40 The Supreme Court, New York County (Barry R. Ostrager, J.), entered a judgment which denied plaintiffs’ motion for partial summary … Continue reading

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It is Time to Control Punitive Damages

Courts Should Limit Punitive Damages See the full video at https://rumble.com/v4f0zkx-it-is-time-to-control-punitive-damages.html and at https://youtu.be/3Zv_H_kJVYw Post 4741 The US Supreme Court has clearly stated that “[p]unitive damages may properly be imposed to further a State’s legitimate interests in punishing unlawful conduct … Continue reading

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Lie on Application & Find Policy Rescinded

MD Refused to Recognize She was Deceived and Misrepresented Facts on Application  Post 4740 See the full video at https://rumble.com/v4evqvl-lie-on-application-and-find-policy-rescinded.html  and at https://www.youtube.com/watch?v=1YhahW6G-Gk MD Refused to Recognize She was Deceived and Misrepresented Facts on Application Post 4740 Former patients of … Continue reading

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Liar, Liar, Pants on Fire

Insurance Fraud Required to Survive The following is a fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. Post 4739 See the full … Continue reading

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