Author Archives: Barry Zalma

Statute of Limitations Bars Bad Faith Claim See the full video at https://rumble.com/v3japk2-you-win-some-you-lose-some.html  and at https://youtu.be/awbewsSCtZM Loann T. Phan-Kramer and Jonerik Kramer sued American States Insurance Company for underinsured motorist coverage, won, and collected. Then, they sued American States again … Continue reading →

Insurer Not Obligated to Commit Insurance Claims Suicide See the full video at https://rumble.com/v3j1uly-no-duty-to-accept-offer-five-times-policy-limit.html  and at https://youtu.be/nFFOZfKYZUM Benjamin D. Markuson, Erik Saterbo, and Stephen Saterbo v. State Farm Mutual Automobile Insurance Company, an Illinois corporation; Crawford Law Group, P.A., a … Continue reading →

Insurer that Pays Limit of Policy After Appraisal Did not Breach The Covenant of Good Faith & Fair Dealing See the full video at https://rumble.com/v3j0y7w-imperfect-investigation-not-bad-faith.html  and at https://youtu.be/t0r1XMNjzbk Washington Street, LLC (“Washington Street”) appealed a District Court order granting summary … Continue reading →

Attorneys May Not Be Sued for the Tort of Bad Faith See the full video at https://rumble.com/v3iqnfa-parties-to-insurance-contract-alone-can-commit-bad-faith.html  and at https://youtu.be/Jm4XOLoXs6w For many years lawyers for policyholders have sued insurer’s lawyers for the tort of bad faith to avoid federal court. … Continue reading →

No Indemnity for City’s Sole Negligence See the full video at https://rumble.com/v3hwhvg-do-the-tort-pay-the-damages.html   and at https://youtu.be/JILfZvk_xUo The City of Kansas City sought contractual indemnity against Occupational Health Centers of the Southwest, P.C. doing business as Concentra Medical Centers in the Circuit … Continue reading →

Rescission Results in Policy Void From its Inception ARSON FOR PROFIT IS A VIOLENT CRIME See the full video at https://rumble.com/v3hnld2-lies-on-application-and-insurance-never-existed.html  and at https://youtu.be/JKk6qpQ0zP0 Imperial Casualty and Lloyd’s Underwriters retained me in the 1980’s to advise concerning the fire claim … Continue reading →

ZIFL Volume 27, Number 18 This, the eighteenth issue of the 27th year of publication Zalma’s Insurance Fraud Letter provides multiple articles on how to deal with insurance fraud in the United States. See the full video at https://rumble.com/v3hpyjg-httpsyoutu.be5nfmopephju.html  and … Continue reading →

Rescission of Insurance for Innocent Misrepresentation of Material Facts See the full video at https://rumble.com/v3hdpj2-arson-for-profit-scheme-defeated-by-rescission.html  and at https://youtu.be/CAarrB84t6E Evidence of Arson Not Needed to Defeat Arson-for-Profit Back in 2001 I examined James E. Mitchell under oath on behalf of his … Continue reading →

Clear & Unambiguous Exclusion See the full video at https://rumble.com/v3h38ks-no-defense-for-assault-and-battery.html  and at https://youtu.be/C8dgu3CRekU The insurer sued seeking a declaratory judgment that it need not defend or indemnify defendant TFS NY against a personal injury lawsuit pending in the New York … Continue reading →

Ambiguous Policy Language Forces Insurer to Pay Losses It Did not Intend to Cover INSURER HOIST ON ITS OWN PETARD See the full video at https://rumble.com/v3gtwb2-unwritten-intent-uninforceable.html   and at https://youtu.be/GH2BlKoazhg Insurers often complain that their insureds do not read the insurance … Continue reading →

I Am Honored to Speak on “How Insurers and Arson Investigators Have Taken the Profit from Arson-for-Profit Schemes” California Conference of Arson  Investigators Fall Seminar from October 16 to 19, 2023 I will speak on “How Insurers and Arson Investigators … Continue reading →

If Insurer Agrees to Defend Insured May Not Expect it to Pay Independent Counsel See the full video at https://rumble.com/v3fzo87-insurer-has-right-to-control-defense.html  and at https://youtu.be/mG5QUyMymds The Insureds sued Mid-Continent for failing to pay their attorneys’ fees in defense of the underlying lawsuit … Continue reading →

What to do When Your Property is Damaged in a Catastrophe If your house was damaged or destroyed by a wildfire, windstorm, hurricane, tornado or flood as a result of state declared catastrophes and you had a fire, homeowners, flood … Continue reading →

Insurance Fraud Charges Against Defense Counsel Does Not Result in Reversal for Ineffective Counsel See the full video at https://rumble.com/v3foe1s-criminal-lawyer-effectively-defended-child-abuser.html  and at https://youtu.be/hMmK9h7ch3o While Jesse Steven Castro’s case was pending, his attorney was charged with two insurance fraud felony offenses. … Continue reading →

A Fictionalized True Crime Story This 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. See the full video at https://rumble.com/v3fcgmw-how-to-defeat-insurance-fraud.html  … Continue reading →

GEICO Continues to Sue Allegedly Fraudulent Health Care Providers See the full video at https://rumble.com/v3f027c-taking-the-profit-out-of-fraud-is-effective.html and at https://youtu.be/shrd1r5j3o4 Defendants Todd Koppel, M.D. and Garden State Pain Management, P.A. (collectively, the “Koppel Defendants”) moved the USDC to quash a subpoena served … Continue reading →

ANTI-SLAP MOTION FAILS BECAUSE PLAINTIFF NOT A PUBLIC FIGURE See the full video at https://rumble.com/v3epftz-its-not-nice-to-accuse-a-person-of-insurance-fraud.html  and at https://youtu.be/6ADc60NHBqk Tien Dung Tran, the owner of two YouTube channels, appealed from an order denying his special motion to strike plaintiffs Manh Van … Continue reading →

INSURANCE IS What is Insurance? INSURANCE IS Posted on September 4, 2023 by Barry Zalma Insurance is a contractual relationship between an insurer and a person described as the insured or assured. California has, by statute, created one of the … Continue reading →

“Runner” Must Pay Restitution to Insurers See the full video at  https://rumble.com/v3dvz7b-crime-doesnt-pay-it-costs.html  and at https://youtu.be/-PeDZ5tTz-8 The Eighth Circuit was called upon to decide the amount of restitution owed by a participant in a recruitment-and-kickback scheme aimed at defrauding automobile-insurance companies. … Continue reading →

ZIFL – 9/1/2023 – Volume 27, Issue 17 See the video at  https://rumble.com/v3dm1jr-zalmas-insurance-fraud-letter-september-1-2023.html and at https://youtu.be/Ur-JWll4jZg This, the seventeenth issue of the 27th year of publication Zalma’s Insurance Fraud Letter provides multiple articles on how to deal with insurance fraud … Continue reading →

Appraisal Required to Establish Amount of Loss See the full video at https://rumble.com/v3daabp-appraisal-exists-to-establish-quantum-of-loss.html and at https://youtu.be/2rMXTWnqGR0 The plaintiff, Shelter Mutual Insurance Company (Shelter), appealed the circuit court of Coles County’s March 28, 2023, oral pronouncement denying its motion for judgment … Continue reading →

Premature Denial for Failure to Appear at EUO Fails See the full video at https://rumble.com/v3cy1y2-information-request-not-refusal-to-appear.html  and at https://youtu.be/W1EI8iXnvAk It is not Reasonable to Deny a Claim for Failure to Appear for EUO Before the Date the EUO was Scheduled to … Continue reading →

Agent for Insurer Only an Order Taker See the full video at https://rumble.com/v3cm3zb-hindsight-cant-change-policy-limits.html  and at https://youtu.be/5U0V6_ZG9Xc Steven and Nancy Taylor appealed the trial court’s granting defendant Lake Michigan Insurance Company’s motion for summary disposition and dismissing their case and the … Continue reading →

Every Exclusion Must be Read as a Part of an Entire Policy See the full video at https://rumble.com/v3bludf-unambiguous-exclusion-effective.html  and at https://youtu.be/Ke_FxgwbH3E McCann Plumbing, Heating & Cooling, Inc.; Andrew R. McCann; and Wendy McCann, sued defendant, Pekin Insurance Company, for breach … Continue reading →

Bad Men Must Serve the Time for Crimes from Insurance Fraud to Murder See the full video at https://rumble.com/v3bjoca-insurance-fraud-is-a-violent-crime.html  and at https://youtu.be/vhA5AUx272Q After a multiple-count indictment against dozens of members of the Gangster Disciples five of them, Alonzo Walton, Kevin … Continue reading →

False Medical History Defeats No Fault Claim See the full video at https://rumble.com/v3ag1gi-liars-must-always-lose.html and at https://youtu.be/ByRww4rxb6U This case arose out of an accident that occurred in 2019. Plaintiff was hit by a car at around 8:15 p.m. while riding a … Continue reading →

Insurers, Agents and Brokers Sophisticated Relationships Expensive See the full video at https://rumble.com/v3a22uw-litigants-must-never-assume.html  and at https://youtu.be/e0p_YZ4x7FE Three sophisticated commercial parties in the insurance industry entered into what appears, in hindsight, to be a somewhat unsophisticated business arrangement. That arrangement led … Continue reading →

Man Bites Dog Story – Allstate May Sue on Behalf of State for Insurance Fraud Qui Tam Actions May Proceed to Trial See the full video at https://rumble.com/v399e88-allstates-qui-tam-actions-work-to-take-the-profit-out-of-fraud.html and at https://youtu.be/fqtUO79izpo Allstate Insurance Company and several of its affiliates (collectively, … Continue reading →

Waiver of Sovereign Immunity Does Not Apply to Federal Statutory Claims See the full video at https://rumble.com/v38umlg-sovereign-immunity.html and at https://youtu.be/BvRYQsiSH7k The doctrine of sovereign immunity is an “ancient” concept. It is the long-established view that a sovereign, such as a … Continue reading →

A True Crime Story of Insurance Fraud This 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. The stories help to … Continue reading →

INTENTIONAL MISCONDUCT EXPOSED INSURER TO PUNITIVE DAMAGES An extra today because I’ll be unable to post tomorrow. See the full video at https://rumble.com/v386rg0-never-lie-to-insured.html  and at https://youtu.be/DZtRvpwKH9A Susanne Cook (“Appellant”) appealed the trial court’s denial of her motion for leave to … Continue reading →

No Right to Change After Agreeing to a Settlement INSURER’S INSTIGATION OF SETTLEMENT IS EVIDENCE OF GOOD FAITH See the full video at https://rumble.com/v37vbgy-insurer-protects-its-insured-with-a-settlement.html  and at https://youtu.be/-78ab8np6n8 After parties to a suit resolved the suit by settlement one or more … Continue reading →

Issue 27 Number 16: ZIFL-08-15-2023 See the full video at https://rumble.com/v37he6w-zalmas-insurance-fraud-letter-august-15-2023.html and at https://youtu.be/x0EJFKVdjwQ Lawyer Paying for Clients Guilty Experienced Lawyer Claiming Ignorance of Law Is No Defense Robert Irving Slater was a practicing worker’s compensation attorney when he entered … Continue reading →

Promissory Warranty Must Be Fulfilled See the full video at https://rumble.com/v369fc6-strict-compliance-with-warranty-required.html  and at https://youtu.be/GrGnBnXB1b8 Ralph Young owned and lived on a seventy-four-foot motor operated vessel named the SUMMER STAR (“the vessel”). Mr. Young insured the vessel with Yachtinsure Services, Inc. … Continue reading →

Private Limitations of Action Provision of Policy Defeats Late Law Suit See the full video at https://rumble.com/v3687fq-refusal-to-pay-starts-running-of-limitation-of-action.html and at https://youtu.be/cpSdLOHexUU Knox Mediterranean Foods, Inc. (Knox) appealed the trial court’s grant of Appellee Amtrust Financial Services (Amtrust)’s motion for traditional summary … Continue reading →

Sexual Abuse of a Child is, by Definition, an Intentional Act See the full video at https://rumble.com/v35z29k-no-fortuity-no-coverage.html   and at https://youtu.be/wf8yDEGN5Pk Gustavo Beltran, Alma Beltran, and child A.B. appealed the district court’s pretrial adjudication of their counterclaims against Farmers Insurance … Continue reading →

NY USDC Eliminates Insurer’s Attorney Client Privilege See the full video at https://rumble.com/v35ps8o-ny-usdc-eliminates-insurers-attorney-client-privilege.html  and at https://youtu.be/ZNvX6jBKK78 A Lawyer is not a Super Adjuster I became a lawyer in 1972. Before that I was an insurance adjuster and investigator. Since 1972 … Continue reading →

No Right to Insurance Proceeds After Sale of Property See the full video at https://rumble.com/v35go9a-the-spoons-ran-away-with-insurance-money.html   and at https://youtu.be/fPt_f24Cq0E NO INSURABLE INTEREST Thomas Spoon and Maria Spoon appealed from the Pulaski County Circuit Court order granting summary judgment in favor … Continue reading →

“The Hello Dolly” Was Not Where the Owner Promised it Would be When it Sunk in Breach of Warranty See the full video at https://rumble.com/v35g82o-hurricane-warranty-sinks-claim.html and at https://youtu.be/F89a8YjR6R0 Great Lakes Insurance, S.E. insured the Hello Dolly VI, a boat owned … Continue reading →

Delivery of Policy Starts the Running of the Statute of Limitations See the full video at https://rumble.com/v34dg8r-suit-fails-for-failure-to-read-policies.html  and at https://youtu.be/XZ8OoBJtlkI Wooten purchased seven Northwestern Mutual insurance policies. Three are disability income policies. Four are various whole-life policies. Wooten purchased and … Continue reading →