The Homeowners Insurance Policy
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Barry Zalma, Inc.
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Zalma on Insurance
- You Win Some, You Lose Some September 22, 2023
- No Duty to Accept Offer Five Times Policy Limit September 21, 2023
- Imperfect Investigation Not Bad Faith September 20, 2023
- Parties to Insurance Contract Alone Can Commit Bad Faith September 19, 2023
- Do the Tort – Pay the Damages September 18, 2023
- Lies on Application & Insurance Never Existed September 15, 2023
- Zalma’s Insurance Fraud Letter – September 15, 2023 September 15, 2023
- Arson for Profit Scheme Defeated by Rescission September 14, 2023
- No Defense for Assault & Battery September 13, 2023
- Unwritten Intent Uninforceable September 12, 2023
- Barry Zalma Will Speak at the California Conference of Arson Investigators Fall Seminar September 11, 2023
- Insurer Has Right to Control Defense September 11, 2023
- Claims in Catastrophe September 8, 2023
- Criminal Lawyer Effectively Defended Child Abuser September 8, 2023
- How to Defeat Insurance Fraud September 7, 2023
- Taking the Profit Out of Fraud is Effective September 6, 2023
- It’s Not Nice to Accuse a Person of Insurance Fraud September 5, 2023
- What is Insurance? September 4, 2023
- Crime Doesn’t – Pay it Costs September 4, 2023
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After more than 50 years acting as a claims person and insurance coverage lawyer I enjoy reading court decisions concerning insurance. The idea of this blog is to find new cases that are interesting to me and then write a summary. Some of the cases reviewed will be important. Some may be of first impression. Others will be totally unimportant. All will be interesting.Follow Us
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This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the publisher. The blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Author Archives: Barry Zalma
Appeal Fails When Ground for Judgment not Disputed
FLOOD EXCLUSION APPLIES TO DEFEAT CLAIM Insured Admits Loss Caused by Flood Sufficient to Deny Claim See the full video at https://rumble.com/v1iwpvj-appeal-fails-when-ground-for-judgment-not-disputed.html and at https://youtu.be/buArlQZf41E Virginia Sosa appealed from the county court’s orders granting summary judgment in favor of appellee … Continue reading
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Zalma’s Insurance Fraud Letter – March 15, 2022
ZIFL- Volume 26, Issue 6 The current issue now available at https://zalma.com/zalmas-insurance-fraud-letter-2/. Become a Practioner of Excellence in Claims Handling Insurance Law and Insurance Fraud Training at ZalmaonInsurance.locals.com/subscribe Barry Zalma has created a special locals.com community called https://zalmaoninsurance.local.com/subscribe. For only … Continue reading
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Insurer is Obligated to Report Fraud to the IFB
Perpetrator of Workers’ Compensation Fraud May Not Benefit From the Fraud A PROMISE TO NOT REPORT A CRIME IS UNENFORCEABLE After he was convicted of workers’ compensation fraud, plaintiff Daniel Wilson filed a civil complaint alleging that representatives of his … Continue reading
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How Insurance Fraud Destroyed a Family
Insurance Fraud by Insurance Professionals See the full video at https://rumble.com/vxcwbq-how-insurance-fraud-destroyed-a-family.html and at https://youtu.be/xM9VEI-2tvQ Bill and Libby were very successful insurance brokers. From their offices in Walnut Creek, California, the Bill and Libby Agency generated $100 million in premium volume … Continue reading
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“Insurance Fraud Volume I” Second Edition
INSURANCE FRAUD IS EPIDEMIC Information Needed to Defeat or Deter Insurance Fraud Insurance fraud continually takes more money each year than it did the last from the insurance buying public. There is no certain number. No one knows the amount … Continue reading
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The Burning Bed
True Crime of Insurance Fraud Number 34 See the full video at https://rumble.com/vx1pcs-the-burning-bed.html?mref=6zof&mrefc=2 and at https://youtu.be/rNevM_fIvmA Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance … Continue reading
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Man Bites Dog Story: Insurer Sues Insured for Fraud
Fraud by Insured Allows Both Compensatory and Punitive Damages to go to Defrauded Insurer Alexander Dallal and Claire Dallal (“the Dallals”) appealed following an adverse jury verdict. The jury awarded Plaintiff-Appellee Lincoln Benefit Life Company (“Lincoln”) $619,290.49 in compensatory damages … Continue reading
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The Sleaze
True Crime of Insurance Fraud Number 33 See the full video at https://rumble.com/vwxrru-the-sleaze.html?mref=6zof&mrefc=2 and at https://youtu.be/jmrWT7yOBi8 Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance … Continue reading
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Arson for Profit Proved by Circumstantial Evidence
Why Did Insurer Ignore Evidence of Arson? This criminal case stems from a 2015 fire at Adcor Industries for which the owner, Demetrios Stavrakis, collected a $15 million insurance payout. Suspicions arose when surveillance video showed Stavrakis tampering with the … Continue reading
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The Amoral Public Adjuster
True Crime of Insurance Fraud Number 32 See the full video at https://rumble.com/vwu75u-the-amoral-public-adjuster.html and at https://youtu.be/moR8eAfXAJY Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance … Continue reading
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Tort Victim Not a Beneficiary of a Mortgage Requiring Borrower to Buy Insurance
Mortgage Insurance Requirements Are Solely for the Benefit of the Lender The district court awarded Christopher Bookter damages in a civil action against Jeromy Brooks, the owner of Chicks Pool Hall (Chicks), and a bartender, Wyatt A. Knisley after being … Continue reading
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The Collector
True Crime Stories of Insurance Fraud Number 31 See the full video at https://rumble.com/vwr82k-the-collector.html?mref=6zof&mrefc=2 and at https://youtu.be/C8auWVHhxxo Insurance Fraud as a Means to Avoid Poverty Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated … Continue reading
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No Coverage for Loss Before Retroactive Date
Failure to Buy Full Retroactive Coverage is Expensive Medline Industries, Inc. (Medline), appealed an order of the circuit court of Lake County granting judgment on the pleadings in favor of plaintiff and counter defendant, Illinois Union Insurance Company (Illinois Union). … Continue reading
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Passover is Coming
Every Jewish Father is Obligated to Tell the Story of Exodus If you are Jewish and need to tell your family the story of Exodus but do not know the Hebrew found in the usual Haggadah, my wife and I … Continue reading
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The Mortgagee
True Crime Stories of Insurance Fraud Number 30 See the full video at https://rumble.com/vwftyy-the-mortgagee.html and at https://youtu.be/RjGTAhx8_3I Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat … Continue reading
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Wrongful Conduct Exclusion Only Applies to Cases Where Nassar was Convicted
Seventh Circuit Allows Coverage for USA Gymnastics for Defense & Indemnity of Claims of Abuse by Nassar Sexual Assault by Insured It is axiomatic that no one should ever be able to insure against the results of sexual abuse and … Continue reading
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Thieves Compensation
True Crime Stories of Insurance Fraud Number 29 See the full video at https://rumble.com/vwcgcm-thieves-compensation.html and at https://youtu.be/qrWxzwT6WzI Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat … Continue reading
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No Harm No Foul – Lack of Damages Defeats Suit Against Broker
Plaintiff Had No Right to Rely on a Certificate of Insurance A suit against an insurance broker for failing to acquire insurance was defeated with a motion for summary judgment because the plaintiff incurred no damage as a result of … Continue reading
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The Too Honest Jeweler
True Crime Stories of Insurance Fraud Number 28 See the full video at https://rumble.com/vw9qam-the-too-honest-jeweler.html and at https://youtu.be/xkuJ9cwpGM8 Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat … Continue reading
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Agent Insured May Not Avoid Fraud Defense
Agent, as Insured, Claimed Knowledge of Agent/Insured’s Fraud is Imputed to the Insurer An insurer asserted a fraud defense to claims for death benefits under life insurance policies. With what the Court of Appeal called “some unusual twists” Security National … Continue reading
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The Long Hot Spring
True Crime Stories of Insurance Fraud Number 27 See the full video at https://rumble.com/vw5wic-the-long-hot-spring.html?mref=6zof&mrefc=2 and at https://youtu.be/Xx3ma6zfrDQ Riots & Insurance Fraud Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary … Continue reading
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Who’s on First? Employer’s Insurer While Driving Home
Trucker Driving to his Home Where Truck is Garaged is Still Working for Employer INSURERS SHOULD AVOID LITIGATING OVER WHO INSURES WHAT It should be axiomatic that insurers who both insure the same person should resolve coverage disputes rather than … Continue reading
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Zalma’s Insurance Fraud Letter March 1, 2022
Zalma’s Insurance Fraud Letter March 1, 2022 See the full video at https://rumble.com/vw3b9e-zalmas-insurance-fraud-letter-march-1-2022.html and at https://youtu.be/EuarWb9nE1Y Volume 26, Issue 5 – March 1, 2022, Subscribe to e-mail Version of ZIFL, it’s Free! Read last two issues of ZIFL here. Go to … Continue reading
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Life Insurance Can Be Hazardous to Your Health
True Crime Stories of Insurance Fraud Number 26 Keep Your Business Going With Just-in-Time Death See the full video at https://youtu.be/-n9CCpAsuGo at https://rumble.com/vw05ru-life-insurance-can-be-hazardous-to-your-health.html Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what … Continue reading
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Man Bites Dog Story: GEICO Obtains Stay of Arbitrations from Pharmacy’s Fraudulent Billing
GEICO Proactive in Fight Against Millions of Dollars of Fraudulent No Fault Claims No-Fault Insurance a Temptation to Fraudsters The plaintiffs (GEICO) sued accusing the defendants of submitting fraudulent insurance claims for expensive, medically unnecessary topical pain products prescribed to … Continue reading
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All Eight Volumes of the Second Edition of Construction Defects and Insurance Now Available
“Construction Defects and Insurance Second Edition” The Second Edition of all Eight Volumes now Available at Amazon.com For detail on all Barry Zalma Publications go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims–library/ Construction defects have grown into one of the … Continue reading
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The Welcome Fire
True Crime Stories of Insurance Fraud Number 25 See the full video at https://rumble.com/vvs4bk-the-welcome-fire.html and at https://youtu.be/s3L-NMf019k Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat … Continue reading
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False Swearing About ALE Defeats Entire Claim
When One Lies About an Insurance Claim He Will Never Prosper John Ruiz, proceeding pro se, sued Liberty Mutual Fire Insurance Company (“Liberty Mutual”), asserting that Liberty Mutual breached two homeowner’s insurance policies by failing to pay plaintiff’s water damage … Continue reading
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The Trees that Washed Away
True Crime Stories of Insurance Fraud Number 24 See the full video at https://rumble.com/vvnpqo-the-trees-that-washed-away.html and at https://youtu.be/tO_cMwkzKS8 Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat … Continue reading
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You Only Get What You Ask For
Contract That Required $3 Million in Coverage Was All The Indemnity it Must Pay in the Event of Loss The Texas Oilfield Anti-Indemnity Act (“TOAIA”) voids indemnity agreements that pertain to wells for oil, gas, or water or to mineral … Continue reading
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Insurance Fraud, a Way to Reduce Violent Crime
True Crime Stories of Insurance Fraud Number 23 See the full video at https://rumble.com/vvkmis-insurance-fraud-a-way-to-reduce-violent-crime.html and at https://youtu.be/vHfwF8GSVF8 Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat … Continue reading
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Exception to an Exclusion Does Not Create Coverage for a Non-Insured
Failure to be an “Insured” Defeats Coverage While driving her Honda CRV in Clark County, Nevada, Brittney Gardineer was involved in an accident with a Ford Explorer driven by Lynette Hill, who is now known as Landon Hill (“Hill”). The … Continue reading
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Insurance Fraud & The Jeweler
True Crime & Insurance Fraud Number 22 See the full video at https://rumble.com/vvhsw6-insurance-fraud-and-the-jeweler.html and at https://youtu.be/QWOlHWpnpno Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance … Continue reading
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Sovereign Immunity Limits Liability of Governmental Entity
Georgia Supreme Court Refuses to Allow Bad Injuries Make Bad Law Justice is Blind but it is Not Stupid Dorothy Wright and her grandchildren, Cameron Costner and Layla Partridge, (collectively, the “Decedents”) were killed when their vehicle was struck by … Continue reading
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Susie’s Blackened Kitchen
True Crime Videos of Insurance Fraud Number 21 See the full video at https://rumble.com/vvedqk-susies-blackened-kitchen.html and at https://youtu.be/hMyHgkkssV8 Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat … Continue reading
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Thorough Investigation Defeats Fraud
Liars Never Prosper – How Bankruptcy Fraud Destroyed Fire Claim Over the last 54 years in the insurance business I have faced people with insurance claims who had, shortly before their claim, sworn to a bankruptcy court that they only … Continue reading
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Construction Defects and Insurance Volume 7 Second Edition Now Available
Torts, Tort Defenses and the Construction Defect Trial Construction defects have grown into one of the most active areas of litigation in the United States. This, the seventh volume, of the multi-volume series is the newest addition to Barry … Continue reading
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Too Stupid to Succeed
True Crime Stories of Insurance Fraud Number 20 Sometimes an attempt at insurance fraud is defeated because the fraudster is too stupid to succeed. See the full video at https://rumble.com/vv6eq2-too-stupid-to-succeed.html and at https://youtu.be/5JO5kiL1R5Y Barry Zalma, Esq., CFE presents videos so … Continue reading
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Wisconsin Supreme Court Reads Entire Statute to Interpret UM Issue
Insurers May Limit Coverage to only Those Insureds who are Injured State Farm Mutual Automobile Insurance Company (State Farm) asked the Wisconsin Supreme Court to reverse the court of appeals decision reversing the circuit court’s grant of summary judgment in … Continue reading
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The Robin Hood Syndrome
A True Crime Story of Insurance Fraud Number 19 No one could be more popular than a person who steals from the rich to give to the poor. Since the Robin Hood legend was first told in Medieval England, the … Continue reading
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