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.

Every Insurance Pro’s Request to Santa

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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Insurers Have the Right to Restitution from Criminal Who Caused it to Pay a Claim

A Truly Effective Means to Subrogate After a jury trial, the defendant was convicted of four counts of malicious destruction of property. After conviction, the Commonwealth sought restitution, and an evidentiary hearing was held before the trial judge. At the … Continue reading

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Christmas & Chanukkah Gifts for Insurance Claims Pros

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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RTFP – Read the Full Policy

Failure to Read the Full Policy Costs an HOA over $200,000 Pleasure Creek Townhomes Homeowner’s Association (the Association) appealed the district court’s grant of summary judgment to respondent American Family Insurance Company. The Association, the insured, argued that the district … Continue reading

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Malicious Prosecution Only Happens When a Person Is Maliciously Prosecuted

Doctored Evidence Resulting in 80 Year Sentence Results in Malicious Prosecution Conviction of City Police are usually seriously concerned, fair, detailed and reasonable when they arrest someone for the crime of murder. However, police are not perfect. Some do terrible … Continue reading

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Insurer Effectively Sues Doctors for Fraud

GEICO Seeks to Take the Profit Out of Insurance Fraud A PROACTIVE ATTEMPT TO DETER AND DEFEAT INSURANCE FRAUD Although almost every state and the federal government makes it a crime to attempt to defraud an insurance company the crimes … Continue reading

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Zalma’s Insurance Fraud Letter – December 1, 2019

  Zalma’s Insurance Fraud Letter, Volume 23, No. 23  Some of the articles you can read in this issue of ZIFL follow:  Guilty of Insurance Fraud for Submitting Altered Medical Report   Small Fraud is as Much a Crime as a … Continue reading

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Insurance Claims Library – A Perfect Gift for Anyone Interested in Insurance

Needed by the Insurance Claims Professional Fictionalized True Insurance Crime Books Read about these books at https://zalma.com/blog. Over the last 51 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He … Continue reading

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Where there is a Total Recovery at Law Equity Will not Interfere

What May be old is Still New Although I tend to only write about new insurance decisions, I thought it would be interesting to see if a decision by the first Chief Justice of the United States Supreme Court had … Continue reading

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A Christmas Gift Better than Chocolate Chip Cookies

How to Show Your Appreciation to Your Insurer Clients or Claims Employees? Many insurers refuse to allow their employees to receive gifts. Many employers of claims people give a small bonus, a Turkey, or something that will be gone before … Continue reading

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Breach a Warranty and Lose Coverage

Court Enforces Insurance Warranty to Avoid Acting as a Privateer Although I usually report on new cases, this time I return to an early decision that goes back to before the U.S. Constitution that explains how important the covenant of … Continue reading

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Happy Thanksgiving from Barry Zalma, Barry Zalma, Inc. and our family

What I am Thankful For: My family and I have much to be thankful for this year, not the least of which are my cardiologist and cardio surgeon who saved my life last year performed a major open heart by … Continue reading

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Removal of Roof to Repair not Covered Cause of Loss

Snow and Rain Entering Church Because Roof was Removed to be Replaced not Damage Caused by a Peril Insured Against No insurance policy covers every risk of loss faced by the property of the person insured. To recover under a … Continue reading

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There is an Obligation for the Insured to Read an Insurance Policy

An Insurance Expert’s Response to a Professor’s and a Policyholders Lawyer’s Take on the Obligation to Read an Insurance Policy © 2019, Barry Zalma In its blog the Merlin Law Group cites a small portion of a lengthy Hastings Law … Continue reading

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Insurance Claims Library

Needed by the Insurance Claims Professional Read about these books at https://zalma.com/blog. 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 … Continue reading

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Evidence of Intent to Commit Life Insurance Fraud Appropriate to Prove Murder

Jail House Informant Provides Motive for Murder Murder to collect on a life insurance policy is one of the most egregious forms of insurance fraud and destroys the claims of those who think insurance fraud is a non-violent crime. Murder … Continue reading

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Needed by Every Insurance Claims Professional

The Compact Books of Adjusting Insurance Claims Read about these and other insurance books by Barry Zalma at https://zalma.com/blog and/or  https://zalma.com/blog/insurance-claims-library/  “The Compact Book of Adjusting Property Insurance Claims – Second Edition” A Manual for the First Party Property Insurance … Continue reading

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Doctor’s Insurance Fraud & Malpractice Causes Revocation of License

Claiming No Point to Participate in Hearing Causes Doctor to Lose of License Physicians, like all professionals, must be licensed by the state. Failure to fulfill the duties imposed on a physician by statute can result in a loss of … Continue reading

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Insurance Claims Library

“Insurance Fraud – Volume I & Volume II https://i0.wp.com/zalma.com/blog/wp-content/uploads/2019/11/INSURANCEFRAUD-2-2019.jpg?w=206 Read about these books and more insurance books by Barry Zalma at Insurance Claims Library In Two Volumes   Insurance fraud continually takes more money each year than it did the … Continue reading

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Small Fraud is Much a Crime as a Large Fraud

Insurance Fraud Conviction Affirmed Dispensing with Evidentiary Arguments Insurance fraud convictions are rare. When a person is arrested, tried, convicted and sentenced for the crime of insurance fraud the perpetrator is – rightfully – surprised and immediately appeals the judgment … Continue reading

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Insurance Claims Library

Mold Claims & the Law of Unintended Consequences 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 … Continue reading

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Litigation Imposes Chilling Effect on Insurers Who Are Called upon to Obey the Fraud Reporting Statutes

Since Contractor Acted as an Unlicensed Public Adjuster She was Refused License Lisa Loven, is a general contractor who applied for a public adjuster license with the Oklahoma Department of Insurance (the Department) although she had been acting as an … Continue reading

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Everything Needed by the Insurance Claims Professional

Adjusting Property & Liability 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 materials to make … Continue reading

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Zalma’s Insurance Fraud Letter – November 15, 2019

 Zalma’s Insurance Fraud Letter   Zalma’s Insurance Fraud Letter, Volume 23, No. 22  Some of the articles you can read in this issue of ZIFL follow:  Ethics & the Insurance Fraud Investigation Uberrimae Fidei – Utmost Good Faith Adapted from Barry … Continue reading

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Everything Needed by the Insurance Claims Professional

“Insurance Fraud – Volume I & Volume II Other insurance books by Barry Zalma available at https://zalma.com/blog/insurance-claims-library/ In Two Volumes Insurance fraud continually takes more money each year than it did the last from the insurance buying public. No one … Continue reading

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The Little Book on Ethics for the American Lawyer

The Ethical Practice of Law Read the full article and more than 2900 posts at https://zalma.com/blog and For Mr. Zalma’s other insurance books go to https://zalma.com/blog/insurance-claims-library/. This article is adapted from my new book The Little Book on Ethics for … Continue reading

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Construction Defects, Mold and the Law of Unintended Consequences and Bad Faith

Books for the Insurance Professional or Buyer Find these and other insurance books by Barry Zalma at https://zalma.com/blog/insurance-claims-library/ “Construction Defects and Insurance” Barry Zalma has updated and re-edited his seminal work Construction Defects Coverage Guide into is the latest addition to Barry … Continue reading

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Disbarred from Practice of Law for Crime of Moral Turpitude

Sex with a 12-Year-Old is a Crime of Moral Turpitude Per Se Lawyers are, by definition, required to be ethical in their dealings with clients, adversaries and in their life outside the law. The best and most effective way for … Continue reading

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Adjusting the Commercial Property Loss

The Compact Book of Adjusting Property Claims Second Edition A Primer For The First Party Property Claims Adjuster. Adapted from Barry Zalma’s book, in two volumes, “The Compact Book of Adjusting Property Claims – Second Edition” now available from Amazon.com … Continue reading

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Ethics & the Insurance Fraud Investigation

Uberrimae Fidei – Utmost Good Faith Adapted from Barry Zalma’s book, in two volumes, “Insurance Fraud” now available from Amazon.com  with Volume One available as a Kindle book and a paperback. and Volume Two Available as a Kindle book and … Continue reading

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He Who Represents Himself has a Fool for a Client

Release of all Claims Defeats Bad Faith Suit First party property insurers seldom use a release of all claims to resolve a fire claim. The only time a release is used is when there is a serious dispute between the … Continue reading

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Homeowners Policy & Insurance Claims Materials

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 f raud. He has created the following library of books and other … Continue reading

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No Good Deed Goes Unpunished

Consent to Judgment – a Contract – not an Excess Judgment Liability insurers are in business to pay claims. When liability is clear and the injuries incurred by the claimant are severe an insurer will usually offer up the limits … Continue reading

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Dealing with a Liability Claim

How to Negotiate a Settlement Adapted from my book, “The Compact Book on Adjusting Liability Claims, Second Edition, available at https://www.amazon.com/Compact-Adjusting-Liability-Claims-Second-ebook/dp/B07QBWGNWV/ref=sr_1_fkmr0_1?keywords=Compact+Book+on+Adjusting+Liability+claims&qid=1554469919&s=gateway&sr=8-1-fkmr0 https://zalma.com/blog/insurance-claims-library/ After the adjuster determines that coverage exists, that the insured is probably liable for causing bodily injury or … Continue reading

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Wear and Tear and Inherent Vice

Everything Dies Eventually (c) 2019 by Barry Zalma and adapted from my book Zalma on Insurance Claims Part 104 now available at https://www.amazon.com/Zalma-Insurance-Claims-Part-Practicalities/dp/1718186894/ref=sr_1_15?ie=UTF8&qid=1534861356&sr=8-15&keywords=%22zalma+on+insurance+claims%22 and http://zalma.com/blog/insurance-claims-library/ Wear and Tear It is inevitable that objects deteriorate over time and wear out. Even … Continue reading

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Insurance Fraud as a Federal Crime

Go to Jail and Stay in Jail Fear of hard federal jail time should be rampant among fraud perpetrators in the United States who stage automobile accidents, fake trip-and-fall accidents, present or assist fraudulent workers’ compensation claims, or abuse health … Continue reading

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Zalma’s Insurance Fraud Letter – November 1, 2019

Fake Certificate Provided to Gain Right to Work Defrauded General  Zalma’s Insurance Fraud Letter, Volume 23, No. 21 Some of the articles you can read in this issue of ZIFL follow: Fake Certificate Provided to Gain Right to Work Defrauded … Continue reading

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The Law of Unintended Consequences and Insurance Bad Faith

The Tort of Bad Faith was Created with Good Intentions Only to Obtain Opposite Results This article was adapted from my book “The Law of Unintended Consequences and the Tort of Bad Faith” available at https://zalma.com/blog/insurance-claims-library/ and as a Available … Continue reading

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Books for the Insurance Professional

Insurance Books Needed by Lawyers and Claims Personnel “Rescission of Insurance – 2nd Edition” Newly updated and expanded, “Rescission of Insurance – 2nd Edition” provides the insurance coverage lawyer, policyholder lawyer and claims professionals with everything needed to understand and … Continue reading

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Liability Policy Only Applies to Property Damage to Others

Clean-up of Vehicle  and Diesel Leak After Accident Not Covered Property Damage National Wrecker, Inc., (“NWI”) appealed from an order entered granting Progressive Casualty Insurance Company’s (“Progressive”) motion for summary judgment, and denying NWI’s. Central to this appeal is the … Continue reading

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