Category Archives: Zalma on Insurance

Mere Negligence, Poor Judgment, Delay, Inadequate Investigation, Valuation Disagreement, or an Honest Mistake May Not Establish Bad Faith. Post 5433 In Joseph Russell Falasco v. USAA Casualty Insurance Company, No. 25-2632, United States Court of Appeals, Eighth Circuit (August 18, … Continue reading →

Federal Court Should Not Conflict With State Court Action Post 5432 New Mexico State Lawsuits Cannot be Confused with a Federal Declaratory Relief Action In Old Guard Insurance Co. v. Rudolfo Rodriguez; Emilio Pinon; et al,  The City Of Albuquerque; … Continue reading →

Habeas Relief from an Insurance Fraud Conviction Based on an Incorrect Factual Determination Unavailable Post 5431 A Prisoner Seeking A Writ Of Habeas Corpus Has No Absolute Entitlement To Appeal A District Court’s Denial Of His Petition. In Bryce A. … Continue reading →

Covid Emergency Eviction Moratorium Punishes Landlord Post 5428 In Koble Investments v. Elicia Marquardt v. James Miller, Intervenor-Appellant, Supreme Court, 420 Wis.2d 304, No. 2022AP182 (June 5, 2026.) (Reversing 412 Wis. 2d 1, 7 N.W.3d 915.) 2026 WI 19, 420 … Continue reading →

STOLI FRAUD  Post 5430 In Daniel E. Carpenter v. United States Of America, No. 3:21-cv-1485(RNC), United States District Court, D. Connecticut (August 17, 2026) Daniel Carpenter was convicted after a bench trial of mail fraud, wire fraud, and money laundering … Continue reading →

Not Proper To Present False Evidence to a District Judge Post 5427 Lie to a Judge to Avoid a Fine Can Find You in Jail In United States Of America v. Gary Rains, Criminal No. 1:26po25, United States District Court, … Continue reading →

ZIFL Volume 30, Issue 15 Subscribe to ZIFL Here THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in educing the effect of insurance fraud. ZIFL is … Continue reading →

State Farm Must Try Breach of Contract Claim Only Post 5424 Breach of Condition is Ground to Deny Claim and Void Policy In Arutyun Darakchyan v. State Fann General Insurance Company et al., No. 2:25-cv-03880-CAS-AJRx, United States District Court, C.D. … Continue reading →

Declaratory Relief Was Neither Unnecessary Nor Improper Under The Circumstances Post 5423 In Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company et al., S287404, Supreme Court of California (July 27, 2026) Fox Paine & Company, … Continue reading →

Second Trial of Coram Nobis Relief Fails Post 5422 Coram Nobis is an Extraordinary Remedy In United States Of America v. David Judd Disiere, Criminal Action No. 99-151-SDD-SDJ, United States District Court, M.D. Louisiana (August 10, 2026 David Judd Disiere was … Continue reading →

Day Care Owner Loses Subsidies Because She Criticized State Post 5421 First Amendment Right Will be Allowed to Go to Trial In Betsey J. Grant v. Maine State Department Of Heath And Human Services, No. 1:25-cv-00490-JAW, United States District Court, … Continue reading →

Plaintiff Must Name and Serve Defendant Before he Dies Post 5419 Plaintiff improperly named and joined Smothers as a defendant because he was already deceased at the time [Plaintiff] commenced this action. In Parrisse Henderson v. Lazar Freight, LLC, et … Continue reading →

Rescission for Material Misrepresentation Post 5418 An Insurer May Rescind An Insurance Policy Where The Applicant Made A Material Misrepresentation In The Application. In Union Mutual Fire Insurance Company v. 844 Knickerbocker, LLC, et al. No. 2024-10359, Index No. 602824/22, … Continue reading →

Disbarment of Defendant Admissible as Intrinsic Evidence of Fraud Case Murder of Witness to Staged Auto Accident is Inadmissible in Fraud Case Post 5416 In United States Of America v. Ryan Harris, et al., Criminal Action No. 24-105, United States … Continue reading →

ZIFL Volume 30, Issue 15 Subscribe to ZIFL Here THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is … Continue reading →

Statutory Benefits vs. Rights of an Indispensable Party Post 5415 In Yairi Vazquez De La Cruz v. Pennsylvania Financial Responsibility Assigned Claims Plan, No. 413 EDA 2025, No. J-A10037-26, Superior Court of Pennsylvania (July 29, 2026) the court was called … Continue reading →

Missing Insurance Check Resulted in More than 200 Page Pro Se Complaint  Post 5414 Defendants Needed to Wade Through a Thicket Of Background Detail And Evidentiary Matter” To Identify Which Specific Claims Are Brought Against Them In Keith P. Sequeira … Continue reading →

Fraudster’s Suit Fails and Defendant Stays in Jail It is Fraud to Sell Product Using Scripts Containing Half-Truths and Omissions That Made the Plans They Sold Appear to Provide Broader Coverage Than They Actually Did. Post 5413 In United States … Continue reading →

Failure to Immediately Offer Policy Limits not Bad Faith Since the Insurer Offered the Available Policy Limits and Jenkins Failed to Identify Evidence of Bad Faith, the Insurer Is not Liable for an Excess Judgment. Post 5411 In Hal Jenkins; … Continue reading →

Public Policy May Not Change Insurance Policy Wording If Insurer Wanted to Exclude Charges of Sex Trafficking It Can Do So Post 5410 In Samsung Fire And Marine Insurance Co., LTD, v. RI Settlement Trust; Ace Property And Casualty Insurance Company; … Continue reading →

Immigrant Tries Arson for Profit  Post 5409 This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed … Continue reading →

Specific Jurisdiction is Related to an Activity Conducted Within the Forum State. Post 5408 In New Jersey Manufacturers Insurance Company v. Changan Chu, No. 14-25-00965-CV, Court of Appeals of Texas, Fourteenth District (July 21, 2026) NJM issued an automobile insurance … Continue reading →

The Largest Residential Burglary of All Time Post 5407 Fraud & the Fear of Bad Faith Suits See the full video at  https://rumble.com/v7d3ewa-the-real-cost-of-fraud.html  and at https://youtu.be/fZxA3sVKhN4 This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud … Continue reading →

Victims of Fraud Should Always Fight Back Proactively Post 5398 Cross-Claim Against Fraudsters Successful In Dual Diagnosis Treatment Center, Inc., et al. v. Health Net, Inc., et al., Health Net Life Insurance Company, B331260, California Court of Appeals, Second District, … Continue reading →

Chutzpah is not Enough Post 5397 See the video and at  https://rumble.com/v7cv9pk-search-warrant-produces-evidence-of-insurance-fraud.html   and at https://youtu.be/JsQYZeVp6jo Magistrate Issues a Search Warrant if there is a Fair Probability that Contraband or Evidence of a Crime will be Found in a Particular Place. … Continue reading →

Fraud Shouldn’t Pay Post 5396 See the video and at https://rumble.com/v7ctgmq-the-great-jewel-theft.html  at https://youtu.be/aRbQ2sJfGwA This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story … Continue reading →

The Only Solution to Fraud is to Take the Profit Out of the Crime It Takes Courage to Fight the Fraudster Post number 5395 In Vivian Maritza Triana Marin, Sebastian Arroyave Penagos, and Daniel Arroyave Penagos v. Marc J. Paynter … Continue reading →

ZIFL Volume 30, Issue 14 Subscribe to ZIFL Here THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published … Continue reading →

Data Breach Requires Plaintiff’s Own Information was Missued  Post number 5394 The Dismissal Based on Lips’s Failure to Plead Injury in Fact, In Danielle Lips, on behaf of hersef and all others similarly situated v. ACCU Reference Medical Lab, LLC, … Continue reading →

Prisoner’s Failure to Exhaust Administrative Remedies Fatal to Suit Post number 5393 It Does not Pay to Violate the Conditions of Post-Release Supervision In Monnie Villarreal v. VitalCore; Nancy Unknown, Nurse Practitioner, VitalCore/Jackson County; John Ledbetter, Sheriff; Geneva Drummond, No. … Continue reading →

Valued Policy Laws and Limits Post number 5394 Sometimes Easy and Sometimes Very Difficult Below you will read from this Post until you reach the the end of this post as the free part of Excellence in Claims Handling post. … Continue reading →

Plaintiff Representing Herself Failed to Allege Jurisdiction  Adverse Rulings Alone Almost Never Establish Bias Post number 5392 In Decheri Hafer v. Farmers Insurance Agency, No. 1:22-cv-0808 KES SKO, United States District Court, E.D. California (June 30, 2026) DeCheri Hafer, proceeding … Continue reading →

National Flood Insurance Policy Limits Suit to One Year After Partial Denial Post number 5391 NFIP Claims are Governed by Federal Law Because the NFIP is a Federal Program In Ohn Mcadam v. American Bankers Insurance Company Of Florida, et … Continue reading →

To Prove Fraud Material False Statements Must be Proved Post number 5389 See the video at https://rumble.com/v7ce4hu-qui-tam-suit-without-materiality-fails.html and  at https://www.youtube.com/watch?v=3EU98e2pvNM  Materiality Must Be Judged Objectively. In People Of The State Of California Ex Rel. Heath & Yuen, APC v. Silver … Continue reading →

Coverage for Damage to Vacant Dwelling Limited Post number 5388 Vandalism Damage to Vacant Dwelling Excluded In Tyrone Williamson v. Farmers Insurance Co., 2026-Ohio-2530, C. A. No. 30717, Court of Appeals of Ohio, Second District, Montgomery (July 2, 2026) Tyrone … Continue reading →

Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly Post number 5387 In Tami Duvall v. State Of Indiana, No. 1:25-cv-01239-SEB-TAB, … Continue reading →

It is a Crime to Lie to Your Insurer That Accident Happened After Policy Inception Post number 5386 Conviction for Fraud Affirmed Because Evidence Overwhelming In State Of Washington v. Saleem Mumin Robinson, No. 87244-3-I, Court of Appeals of Washington, … Continue reading →

Deprive Insurer of the Ability to Properly and Timely Investigate Claim & Recover Nothing Post number 5385 No Contract Claim No Bad Faith Claim In South Alexander Development I, LLC v.Markel American Insurance Co., Civil Action No. 23-1436-JWD-SDJ, United States … Continue reading →

ZIFL – Volume 30 Issue 13 July 1, 2026 Happy 250th Anniversary America THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL Post number 5384 Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing … Continue reading →

Taking Money From a Client Trust Account Warrants Severe Disciplinary Sanction Post number 5383 Stealing from a Client is Reprehensible In Re: Derrick D.T. Shepherd, No. 2026-OB-00357, Supreme Court of Louisiana (June 25, 2026) petitioner Derrick D.T. Shepherd, a former Louisiana … Continue reading →