Author Archives: Barry Zalma

A Video on a True Crime Story: “Help, My House Is Falling Into the Sea”

Even Honest People are Tempted To Commit Insurance Fraud See the full video at https://rumble.com/vfv2g1-a-video-on-a-true-crime-story-help-my-house-is-falling-into-the-sea.html and at https://youtu.be/ZcAbj9S5bsY Career criminals are not the only people who perpetrate insurance fraud. The temptation has become so great that almost anyone who is … Continue reading

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When an Insurer Disputes Some Elements of Coverage its Files are Protected

The Work Product Protection & Insurance Avatar Property & Casualty Insurance Company sought a writ of certiorari quashing an order granting a motion by its Insureds, Niulsury S. Flores and Ernesto Valdes, to compel production of documents in the Insureds’ … Continue reading

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Some New Books from Barry Zalma

Insurance and Claims Law Books How To Buy An Appropriate Homeowners Policy And Successfully Make A Claim To The Insurer Of all insurance acquired in the United States, the most common is the homeowners policy and its sister the tenant’s … Continue reading

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A Video Explaining Some “Hard Fraud”

Hard Fraud is a Crime See the full video at https://rumble.com/vftjrz-a-video-explaining-some-hard-fraud.html  and at https://youtu.be/-tySYDbnp24 The following types of fraud are premeditated and intentionally committed.  Those who differentiate between types of fraud would place these in the category of “hard fraud,” … Continue reading

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When You Do the Crime & Only Get Probation it is not Wise to Commit a New Crime

Probation for Insurance Fraud Proves Futile Hassan Wilcox, appealed from the judgment of sentence of an aggregate term of 2-4 years’ incarceration, followed by one year of probation, imposed after the trial court revoked his probation. In Commonwealth Of Pennsylvania … Continue reading

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A Video Explaining the Relationship Between the Insurer and Defense Counsel

Lawyers & Adjusters Must Work Together See the full video at https://rumble.com/vfq905-a-video-explaining-the-relationship-between-the-insurer-and-defense-counsel.html  and at https://youtu.be/Jz8SZFYqTwE Defense Counsel Whenever an insured is sued and requires a defense or the insurer is sued, the insurance adjuster and the defense attorney must understand … Continue reading

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Insurance Benefits Not Available to Remodel Fixer Upper

Misrepresentation at time of Application is Defense to Multiple Claims Amy Powell appealed the district court’s order granting summary judgment in favor of USAA Casualty Insurance Co., on Powell’s claims for breach of insurance contract and for violations of the … Continue reading

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A Video Explaining Settlements & the Ethical Burden of Attorneys

A Lawyer May Never Lie to a Judge but May Engage in Puffing to Adversaries See the full video at https://rumble.com/vfp37f-a-video-explaining-settlements-and-the-ethical-burden-of-attorneys.html and a  https://youtu.be/WrffMZffkP4 Settlements of litigation, whether funded by insurance or not, raise ethical issues that all parties and … Continue reading

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Class Action Covid 19 Case Fails for Lack of Direct Physical Damage

No Matter How Many Times they Try Courts Find Direct Physical Loss is Required Caribe Restaurant & Nightclub, Inc. (“Caribe”) initiated a class action against Defendant Topa Insurance Company (“Topa”) alleging breach of contract and seeking declaratory judgment for insurance … Continue reading

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LAW STREET MEDIA PUBLISHES VIEWPOINT ARTICLES BY BARRY ZALMA

VIEWPOINTS I am honored that two of my articles have been published by Lawstreetmedia’s Viewpoints site. You can read: Crop Insurance Fraud https://lawstreetmedia.com/viewpoints/viewpoints-crop-insurance-fraud/   Flood Insurance Policy Must Be Strictly Construed https://lawstreetmedia.com/viewpoints/viewpoints-flood-insurance-policy-must-be-strictly-construed/ Law Street Media aims to revolutionize legal news … Continue reading

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A Video from Zalma’s Insurance Fraud Letter – April 15, 2021

ZIFL 4/15/2021 Zalma’s Insurance Fraud Letter, in its 25th year is free to anyone who subscribes or goes to the Mr. Zalma’s Website where you can Subscribe to e-mail Version of ZIFL, it’s Free!  Read last two issues of ZIFL  … Continue reading

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A Video Explaining the Equitable Remedy of Salvage

How to Determine the Priority of Rights to Salvage See the full video at https://rumble.com/vfmqk7-a-video-explaining-the-equitable-remedy-of-salvage.html and at https://youtu.be/9HwucSSYDYs One case involved a dispute among three groups of divers for the right to salvage silver from the cargo of a ship … Continue reading

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Criminal Must Pay Restitution Order

Insurance Recovery by Victim of Crime is not Entitled to Restitution Lamar Speights appealed the trial court’s restitution order. He contends that the trial court erred in ordering him to pay $299,337.83 in restitution because, among other things, the trial … Continue reading

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A Video Explaining Negotiation of Settlement of a First Party Property Claim

It is the Obligation of the Adjuster to Negotiate Settlement with Insured See the full video at https://rumble.com/vflso5-a-video-explaining-negotiation-of-settlement-of-a-first-party-property-clai.html and at https://youtu.be/JpnTWlQWdkQ After the adjuster has completed the bid comparison and established the objective amount of the loss, he or she … Continue reading

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Insurer Wins Some, Loses Some, and Avoids Bad Faith

A Reasonable Dispute of Facts Concerning Coverage is not Bad Faith USAA General Indemnity Company and the plaintiff, Bobby Fuentes, in his capacity as Administrator of the Estate of Alejandro Santos, decedent, (“Santos”), both moved for summary judgment based on … Continue reading

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A True Crime Video of Insurance Fraud

The Flying Carpet See the full video at https://rumble.com/vfiktd-a-true-crime-video-of-insurance-fraud.html and at https://youtu.be/lQ0gk1LahNM 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 … Continue reading

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California Allows Bad Faith for Failure to Settle Even When there is no Offer Within Limits

Insurer May Be Punished Even If It Defends And Settles Suit Within Policy Limits Based on the Testimony of an “Expert” who Concluded a Subrogating Insurer Will Always Accept a Policy Limits Demand I have never been a fan of … Continue reading

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A Video Asking Whether the Tort of Bad Faith Has Run Its Course

The Law of Unintended Consequences and the Tort of Bad Faith See the full video at https://rumble.com/vfhi55-a-video-asking-whether-the-tort-of-bad-faith-has-run-its-course.html and at https://youtu.be/iRMAZrOvGKw US law was first organized using English common law. When a contract was breached, only contract damages could be recovered. … Continue reading

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Unlicensed Lawyer Breached Almost Every Rule of Professional Conduct

Attorney Who Mishandled Insurance Claim while Unlicensed was Disbarred Celio Warren Young violated Maryland’s Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.5, 1.8, 1.15, 1.16, 5.5, 7.3, 8.1, and 8.4. These violations principally arose from Respondent’s unauthorized practice of … Continue reading

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A Video Explaining the Development of the Tort of Bad Faith

Some of the First Cases See the full video at https://rumble.com/vfgfo5-a-video-explaining-the-development-of-the-tort-of-bad-faith.html and at https://youtu.be/fm1Oaulr1v4 Comunale v. Traders & Gen. Ins. Co In Comunale v. Traders & Gen. Ins. Co., 50 Cal. 2d 654 (1958), the insurance company wrongfully refused to … Continue reading

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By Establishing When a Claim was Asserted a Risk Transfer Agreement was Sustained by Seventh Circuit

Contract Transferring Risk from One Party to Another is Effective Wisconsin Central, Ltd. entered into an agreement that included the purchase of rail lines from Soo Line Railroad Company. Part of that agreement allocated responsibility for future environmental liabilities. Years … Continue reading

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A Video Discussing Some of the Cases That Gave Birth to the Tort of Bad Faith

Silberg and Egan and Why There is a Tort of Bad Faith See the full video at https://rumble.com/vff3u7-a-video-discussing-some-of-the-cases-that-gave-birth-to-the-tort-of-bad-fai.html and at https://youtu.be/GlLMQaaQEOQ In Silberg v. California Life Ins. Co., 11 Cal. 3d 452 (1974), the insurer advertised an accident policy with … Continue reading

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Additional Premium Due on Audit Can Be Difficult to Prove

Evidence, or Clear Policy Wording About Audit Procedures, is Needed to Prove Right to Additional Premium Arch Specialty Insurance Company (“Arch” or “Plaintiff”) sued TDL Restoration, Inc. (“TDL” or “Defendant”), asserting claims for breach of contract, unjust enrichment, and account … Continue reading

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A Video Explaining Setting Insurance Reserves

Setting Reserves & Discovery of the Insurance Claims File See the full video at https://rumble.com/vfdwhn-a-video-explaining-setting-insurance-reserves.html and at https://youtu.be/fIX1cXUDXa8 The insurer is required to evaluate a claim based upon its merits, and without regard to policy limits. Eastham v. Oregon Auto … Continue reading

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No Good Deed Goes Unpunished

Providing a “Courtesy Defense” Does Not Create Coverage by Estoppel An insured who refused liability coverage and only insured the vehicle for property damage to the insured vehicle, cannot demand payment for defense or indemnity when sued for negligent operation … Continue reading

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A Video Explaining the “Loss in Progress Rule”

The Loss in Progress Rule See the full video at https://rumble.com/vfbyrx-a-video-explaining-the-loss-in-progress-rule.html   and at https://youtu.be/k2TWLiMdfw0 The “Loss in Progress Rule” has been described as follows: [t]he point at which a threat of loss is so immediate that it may fairly … Continue reading

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There can Never be a Fraud Too Small to Void a Policy

Material Misrepresentation Concerning the Extent of Loss Voids Policy After the district court ruled for the defendant insurance company on cross-motions for summary judgment, ending the action, the plaintiff appealed that summary-judgment ruling. In Meat Town Inc. v. Sentinel Insurance … Continue reading

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A Video Explaining the Burden Imposed on a First Party Property Insurance Insured

Burden of Proof & Exclusions See the full video at https://rumble.com/vf9fpl-a-video-explaining-the-burden-imposed-on-a-first-party-property-insurance-i.html?mref=6zof&mrefc=2 and at https://youtu.be/EO-8PL3veps It is the obligation of the insured to prove that property has been physically damaged. The loss of marketability is not a peril insured under a … Continue reading

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Misrepresentation on Life Insurance Modification Invalid

Alleged Wife of Decedent has no Right to Life Benefits Because Decedent Wrongfully Claimed Common-Law Marriage Florinda Lynch moved for Summary Judgment to which pro se Cross-Defendant Royal Martin, Jr. objected.  In Metropolitan Life Insurance Company v. Florinda Lynch, et … Continue reading

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Zalma’s Insurance Fraud Letter – April 1, 2021

Not a Joke – Zalma’s Insurance Fraud Letter Volume 25, Number 7 See the full video at https://rumble.com/vf8brt-zalmas-insurance-fraud-letter-april-1-2021.html  and at https://youtu.be/A-NUCx-M7Lg Arson for Profit Conviction Affirmed in Pennsylvania John M. Sekerak appealed from the January 16, 2020 judgment of sentence … Continue reading

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A Video Explaining why There is No Tort Remedy for Non-Insurance Bad Faith

Third Party Claimant has no Right to Tort Damages for Bad Faith by Other Party’s Insurer See the full video at https://rumble.com/vf6z1v-a-video-explaining-why-there-is-no-tort-remedy-for-non-insurance-bad-faith.html?mref=6zof&mrefc=2 and at https://youtu.be/wf_si02jebc The Supreme Court of California was faced with the question of “whether an insurance company’s … Continue reading

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False Estimate by “Consultant” Adopted by Insured is Fraud

False Estimate by “Consultant” Adopted by Insured is Fraud Jennifer Mezadieu (“the Homeowner”) appeals the trial court’s entry of final summary judgment in favor of SafePoint Insurance Company (“SafePoint”) in her breach of contract action. The trial court entered final … Continue reading

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A Video Explaining the Availability of Coverage for Defense if there is a Potential for Indemnity

The Duty to Defend and Potentiality See the full video at https://rumble.com/vf5p91-a-video-explaining-the-availability-of-coverage-for-defense-if.html and at https://youtu.be/t6iJrxHe3VE In the leading case of Gray v. Zurich Ins. Co. 65 Cal.2d 263, 54 Cal. Rptr. 104 (1966) the Supreme Court of California set the … Continue reading

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“Cause Theory” Applied to Determine One Accident from Two Collisions

When Plaintiff was Involved in One Accident When Plaintiff Never Gained Control The two parties to an uninsured/underinsured litigation asked the Eleventh Circuit to define and apply the term “accident” as used in an automobile insurance policy to an auto … Continue reading

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A Video Explaining the Trigger of Coverage for Property Damage

The Property Damage Trigger of Coverage See the full video at https://rumble.com/vf2fn5-a-video-explaining-the-trigger-of-coverage-for-property-damage.html and at https://youtu.be/6UDMJHAZL5U The term “trigger of coverage” means “what event must occur for potential coverage to commence under the terms of the insurance policy” and “what must … Continue reading

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Agent’s Special Relationship with Insured Requires Advice on Coverage Needed

Agent’s Failure to Advise Need for Substantial Ordinance and Law Coverage Breaches Duty Owed to Insured Foy Insurance Group, Inc. (Foy) appealed a verdict rendered after a jury trial in favor of the plaintiff, 101 Ocean Blvd., LLC (Ocean), finding … Continue reading

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A Video Explaining the Disbarment of the Naive Lawyer and Insurance Fraud

Lawyers May Never Share Fees With a Non-Lawyer See the full video at https://rumble.com/vf15at-a-video-explaining-the-disbarment-of-the-naive-lawyer-and-insurance-fraud.html  and at https://youtu.be/e8XPLp64NU4 The decision, In re Oheb, No. 99-C-11161 (Cal. Bar Rev. 07/16/2004) a hearing judge’s recommended that respondent Tamir Oheb be placed on four … Continue reading

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Bad Faith in California Requires Unreasonable Conduct or Conduct Without Proper Cause

Even an Ineffective Refusal to Defend is not Bad Faith if Made in Good Faith In, hopefully the last appeal between the parties, First One Lending Corporation and John Vescera (collectively, “Appellants”) appealed the district court’s grant of summary judgment … Continue reading

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A Video Explaining Insurer Underwriting Personnel

An Explanation of What is Needed to Obtain Insurance After Completing an Application See the full video at https://rumble.com/vezy11-a-video-explaining-insurer-underwriting-personnel.html and at https://youtu.be/yGFGcTr0dr0 The Underwriter The person who makes the decision to insure or not insure a prospective insured, in modern … Continue reading

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Filed Rate Doctrine and Lender Placed Insurance

Homeowner Owes to Pay Lender Placed Insurance Premium to Mortgagee Robert Lewis (“Lewis”) sued his mortgage loan servicer, M&T Bank (“M&T”), in connection with flood insurance coverage purchased by M&T on his behalf. Lewis also sued three subsidiaries of the … Continue reading

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