"Zalma on Diminution of Value Damages -- 2013"
This is the 2013 edition of Zalma On Diminution In Value Damages. It has been totally rewritten with more 910 pages of material. It is the most extensive and detailed coverage of the issue and how to apply diminution in value damages to losses to property. The E-book Zalma on Diminution In Value Damages – 2013 was written to provide sufficient information to those who became interested in the issue since the Georgia Supreme Court decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001).
Available at http://www.zalma.com/diminution.htm,
"Zalma on California SIU Regulations"
"Zalma On California SIU Regulations" is designed to assist California insurance claims personnel, claims professionals, independent insurance adjusters, special fraud investigators, private investigators who work for the insurance industry, the management in the industry, the attorneys who serve the industry, and all integral anti-fraud personnel working with California admitted insurers to comply with the requirements of California SIU Claims Regulations.
The state of California, by statute, requires all admitted insurers to maintain a Special Investigative Unit (an "SIU") that complies with the requirements set forth in the Special Investigative Unit Regulations (the "SIU Regulations") and train all integral anti-fraud personnel to recognize indicators of insurance fraud.
It is necessary, therefore, that insurance personnel who are engaged in any way in the presentation, processing, or negotiation of insurance claims in California be familiar with the SIU Regulations imposed by the state on all insurers doing business in the state.
Available at http://www.zalma.com/zalmabooks.htm.
"Zalma on California Claims Regulations - 2013"
The 2013 issue adds information on a September 2012 ruling by an administrative law judge that prohibits the enforcement of many of the Regulations because they violate, by unlawfully expanding, the meaning of California Insurance Code Section 790.03(h). The new edition was rewritten and includes detailed analysis of the ruling by California Administrative Law Judge Stephen J. Smith who issued a 51-page ruling finding the CDI’s Fair Claims Practices Regulations (FCPR) might not be brought as unfair claims acts. The ruling affects how the CDI has imposed, and will impose in the future, penalties against insurers for claims since the inception of the FCPR in 1992.
In the court’s extensive ruling, which contained 150 separate findings, the court ruled that:
None of the standards prescribed in the FCPR appear anywhere in California Insurance Code § 790.03 (pursuant to which statute the CDI adopted the FCPR); these are additional standards added exclusively by regulatory action of the CDI.
The FCPR as applied are unenforceable pursuant to California Government Code §§ 11152 and 11342.2, which establish the test for determining the validity of regulations. Specifically, the court held that § 2695.1 of the FCPR improperly creates new unfair standards and duties within the meaning of Insurance Code § 790.03(h), which subjects insurers to the penalty provisions of Insurance Code § 790.035 for failure to meet those standards.
The FCPR through CCR § 2695.1(a) dramatically and impermissibly expands the scope, nature and reach of the 16 unfair claims settlement practices set forth in Insurance Code § 790.03(h)(1)-(16). The court held that new unfair acts may only be promulgated by the legislature or through the process set forth in Insurance Code § 790.06.
The CDI’s language in CCR § 2695.1 impermissibly amends Insurance Code § 790.03(h) such that a violation can be proved by means of a single knowing act or by proof of a general business practice, which amendment lowers the burden of proof and quality of evidence necessary for the CDI to prove a violation of § 790.03(h). In order to assert a violation of § 790.03(h), proof must be shown that the violation was both knowingly committed and performed with such frequency as to reflect a general business practice.
An OSC drawn from the conclusions or statements in a Market Conduct Examination is improper to support a valid pleading. Such examinations lack specificity about each act. OSC pleadings must assert violations under Insurance Code § 790.03(h)(1)-(16) and pleadings must set forth the charges and allegations in ordinary and concise language, such that the acts or omissions of which the respondent is charged may be reasonably ascertained.
"Zalma on Rescission of Insurance in California - 2013"
Insurers in California have the right to rescind a policy of insurance if the insured misrepresents or conceals a material fact when seeking insurance. California, more than a century ago, adopted, and codified, the ancient Marine Rule with regard to the interpretation of insurance contracts created as a result of misrepresentation or concealment of a material fact allowing rescission even if the concealment or misrepresentation was innocent or unintentional.
Available at http://www.zalma.com/rescission.htm
"Random Thoughts on Insurance"
Since 2010 I have been writing a blog post at least five days a week. This e-book is a collection of those posts that reveal my interest in insurance case law. Some of the cases reviewed were important. Some were of first impression. Others will be totally unimportant. All were interesting to me and I hope are interesting to the reader.
The book is available at http://www.zalma.com/RANDOMTHOUGHTS.htm
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"Zalma on Insurance Fraud - 2012"
Barry Zalma has totally rewritten his seminal E-Book on insurance fraud and has added over 600 pages to the original book.
It is the purpose of the E-book to provide information to those who are engaged in the effort to reduce insurance fraud. It will provide information for the lawyers representing insurers so that they can adequately advise their clients who are victims of the crime of insurance fraud.
This E-book will provide information for insurance claims investigators, special insurance fraud investigators working at insurance company Special Investigation Units (SIU), Fraud Bureau Investigators, and Prosecutors will have the information needed to allow prosecution of insurance criminals to proceed. Prosecutors will also have sufficient information to understand the importance of the crime and the need to reduce the crime by effective prosecution and punishment of the insurance fraud perpetrators.
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"Zalma On Diminution In Value Damages - 2012"
The 2012 edition of Zalma On Diminution In Value Damages. It has been totally rewritten with more than 240 pages of new cases and statutes. It is the most extensive and detailed coverage of the issue and how to apply diminution in value damages to losses to property. The E-book Zalma on Diminution In Value Damages – 2012 was written to provide sufficient information to those who became interested in the issue since the Georgia Supreme Court decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001).
Because of the differences in the various jurisdiction and apparent confusion concerning diminution of value damages this E-Book was created to more thoroughly review how each jurisdiction in the United States deals with the issue. The E-book covers each of the fifty states of the United States, the District of Columbia, Guam, Puerto Rico, the 12 Federal Circuit Courts of Appeal and the U.S. Supreme Court.
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"Zalma on Insurance" at http://www.zalma.com/zalmabooks.htm.
Every lawyer retained to prosecute or defend a civil suit should begin the representation with efforts to find insurance coverage for the benefit of the client. Indeed, a lawyer that does not know the law of insurance is litigating with duct tape firmly placed across his or her mouth.
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"Murder and Insurance Fraud Don't Mix" -- A Novella Only $5.00
A new Novella from Barry Zalma involving an insurance fraud that goes terribly wrong when the perpetrator finds it necessary to murder the only possible witness to the crime. Follow the actions of MOM, the insurance company investigator who discovers the fraud and helps the police bring the killer to justice.
To buy go to http://www.zalma.com/zalmabooks.htm.
