Construction Defects and Insurance, Mold Claims and its Time to Rescind 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 following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.
For those who serve the insurance industry and its policyholders (whether as lawyers, adjusters, claims management, or public insurance adjusters) the ability to perform their duties appropriately and in good faith is absolutely necessary that they maintain insurance professionalism.
The following books need a home in each law office, each insurance company and independent adjuster claims office and in the offices of every public insurance adjusting firm.
Barry Zalma’s Insurance Claims Library will provide essential resources and will go a long way to create a staff of insurance claims professionals. The books listed below are a small taste of the insurance and insurance claims books written by Barry Zalma and available on amazon.com and at http://zalma.com/blog/insurance-claims-library/
Some of the books available to create or maintain insurance professionalism include:
Barry Zalma has updated and re-edited his seminal work Construction Defects Coverage Guide into is the latest addition to Barry Zalma’s insurance claims series of books and articles that will form the most thorough, up-to-date, expert-authored insurance claims guide available today eight Kindle or Paperback Volumes at reasonable prices.
Thorough, yet practical, this series of books form the ideal guide for any professional who works in or frequently interacts with the insurance industry.
Claims professionals, risk managers, producers, underwriters, attorneys (both plaintiff and defense), and business owners will benefit greatly from the ten volume guide. It is also the perfect resource for insurance educators, trainers, and students whose role requires an understanding of insurance law.
The Eight volumes include:
- Volume One : The Structure, The Construction Contract, and Construction Defect Insurance — Kindle book; Paperback
- Volume Two:The Defects andUnderstanding Insurance and Underwriting – Kindle book; Paperback
- Volume Three: Construction Defect Policies – Kindle book; Paperback
- Volume Four: Liability Insurance. – Kindle Book; Paperback
- Volume Five: The Tort of Bad Faith and Construction Defects – Kindle book; Paperback
- Volume Six: Construction Defect Suits – Kindle book; Paperback
- Volume Seven: Tort Defences and the Trial of a Construction Defect Case – Kindle Book; Paperback.
- Volume Eight: Evaluation and Settlement & Alternative Dispute Resolution – Kindle Book; Paperback
This series of books is the latest addition to Barry Zalma’s insurance claims series of books and articles that will form the most thorough, up-to-date, expert-authored insurance claims guide available today.
Written by nationally-renowned insurance coverage expert Barry Zalma, a semi-retired insurance coverage attorney, consultant, expert witness and blogger, Mold Claims provides in-depth explanations, analysis, examples, and detailed discussion of:
•Mold, fungi and bacteria claims; and
•Mold, Fungi, Bacteria litigation.
Thorough, yet practical, this series of books form the ideal guide for any professional who works in or frequently interacts with the insurance industry or is involved in litigation. Claims professionals, risk managers, producers, underwriters, attorneys (both plaintiff and defense), and business owners will benefit greatly from the mold volumes. It is also the perfect resource for insurance educators, trainers, and students whose role requires an understanding of insurance law as it relates to mold, fungi and bacterial infestations.
The author has provided checklists, sample procedures, form letters, tables and information and references to model statutes, state statutes, administrative regulations, and requirements of insurance departments nationwide.
Insurance and the Law of Unintended Consequences Paperback
Insurance is, and always will be, a business of the utmost good faith. All parties to the insurance contract agree, in good faith and fair dealing, to do nothing to deprive the other the benefits of the contract. Insurance is, and always be, nothing more than a contract.
The insurer makes a promise to the insured that if a contingent or unknown loss occurs caused by a peril or risk insured against and not excluded, to pay the insured indemnity as promised by the contract up to the limits provided.
The insured promises to truthfully disclose the risks of loss faced by the insured, property owned by the insured, the business of the insured and/or the insured’s liability exposures. The insured also promises to honestly present a claim, prove the claim, and cooperate with the insurer in its investigation. If the parties to the insurance contract deal with each other fairly and in good faith the policy remains viable, claims are paid promptly and to the satisfaction of the insurer and the insured.
Only if a true tort occurs can the insured waive the contract action and sue in tort. Breach of contract, by centuries old tradition, is not a tort and cannot and should not be considered a tort. The Tort of Bad Faith has served its purpose and is now causing more problems than it solves. It is time the courts and state legislatures rescind the tort and return to common law contract damages.
Read about these and other insurance books by Barry Zalma that are available at amazon.com at http://zalma.com/blog/insurance-claims-library/