Author Archives: Barry Zalma

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 →

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 →

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 →

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 →

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 →

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 →

“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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →