Author Archives: Barry Zalma

About Barry Zalma

An insurance coverage and claims handling author, consultant and expert witness with more than 48 years of practical and court room experience.

Public Policy is Vague and Uncertain

Courts Should Not Counter the Work of the Legislature by Use of “Public Policy” Post 4805 See the full video at https://rumble.com/v4wcs4w-public-policy-is-vague-and-uncertain.html   and at https://youtu.be/yXtkwGkdtDg Artemiz Freeman sought to collect uninsured/underinsured motorist benefits under her policy with appellant Progressive County … Continue reading

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Unique Insurance Fraud In Louisiana

Three Cases Dismissed Because of Suit Against an Insurer who Did Not Insure the Plaintiff See the full video at https://rumble.com/v4vta7i-unique-insurance-fraud-in-louisiana.html   and at https://youtu.be/sGjvCtM2ReE Post 4804 Texas Law Firm McClenny, Moseley & Associates (MMA) has had serious problems with the … Continue reading

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Officer Immune from Suit

Insurance for State of Delaware Waives Sovereign Immunity Post 4803 See the full video at https://rumble.com/v4vkjlo-officer-immune-from-suit.html  and at https://youtu.be/rosS0El3PQo On February 15, 2023, Kimberly Letke (“Plaintiff”) filed a pro se Complaint against Defendant Matthew Sprinkle (“Sprenkle”) for defamation and malicious … Continue reading

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Overcharge of Force Placed Insurance Defense to Foreclosure

Force Placed Insurance Charges Allow Special Defense to Foreclosure Post 4802 See the full video at https://rumble.com/v4vcpnq-overcharge-of-force-placed-insurance-defense-to-foreclosure.html  and at https://youtu.be/iTueweyOWIw In an action to foreclose a mortgage the trial court granted in part the plaintiff’s motion to strike the defendant’s … Continue reading

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Zalma’s Insurance Fraud Letter – May 15, 2024

ZIFL-05-15-2024 Subscribe to ZIFL Here  Post 4801 Read the full 23 page issue here in Adobe pdf format. See the full video at  https://rumble.com/v4v566z-zalmas-insurance-fraud-letter-may-15-2024.html  and at https://youtu.be/r7TbELn-Si0 The Source for the Insurance Fraud Professional Zalma’s Insurance Fraud Letter (ZIFL) continues … Continue reading

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Insureds Must Negotiate Terms of Coverage Before Inception

Litigation is an Improper Method to Negotiate Insurance Coverage Post 4800 See the full video at https://rumble.com/v4v27yl-insureds-must-negotiate-terms-of-coverage-before-inception.html and at https://youtu.be/Po_aTiq3uZk Plaintiffs’ attempted to secure insurance coverage for an action currently pending in federal court (the “Underlying Litigation”). Plaintiffs looked to … Continue reading

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Lender Must Elect To Take Insurance Proceeds 

If Lender Approves Use of Insurance Funds to Repair It Cannot Claim it was Damaged Post 4799 See the Full Video at https://rumble.com/v4ucu3o-lender-must-elect-to-take-insurance-proceeds.html  and at https://youtu.be/hajSOS3GVK8 CG Tides LLC, et al. (the “Borrowers”) appealed a final summary judgment of foreclosure. … Continue reading

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Blank Space on Contingency Fee Agreement Makes it Unenforceable

No Meeting of Minds No Contract See the full video at https://rumble.com/v4u5jm2-blank-space-on-contingency-fee-agreement-makes-it-unenforceable.html and at https://youtu.be/b_Tje0MVSgs Post 4798 Attorney Richard Schicker sued a former client, Brandi Cady, seeking payment for attorney fees under a contingency fee agreement. The district court dismissed … Continue reading

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Insurer Spent Millions to Defend Fraudulent Claim

The Poet Enters the World of Insurance Fraud Post 4797 See the full video at https://rumble.com/v4ty3t9-insurer-spent-millions-to-defend-fraudulent-claim.html  and at https://youtu.be/iKowkzrNl8Q I present blogs and videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or … Continue reading

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Incompetent Insurance Fraud Claim Results in Conviction

Fraudster Pawns Jewelry & Then Claims it Stolen Post 4796 See the full video at https://rumble.com/v4tr408-incompetent-insurance-fraud-claim-results-in-conviction.html   and at https://youtu.be/paWS-ppzcLA The defendant, Vincent Chaney, appealed two orders from Superior Court denying his motions to suppress and for a new trial. In … Continue reading

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Settlement Unenforceable Because Insurer Lied to Plaintiff

Plaintiff Entitled to Know All Insurance Available to Defendants Post 4795 See the full video at https://rumble.com/v4tjwzw-settlement-unenforceable-because-insurer-lied-to-plaintiff.html  and at https://youtu.be/1zbO_ZShhUc Pedro Fundora filed suit against Robert Dangond and Maria Guevara after sustaining injuries when Dangond struck Fundora with a vehicle … Continue reading

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Building That Could Collapse is Not a Covered Collapse

Fairly Debatable Claim Defeats Charge of Bad Faith Post 4794 See the full video at  https://rumble.com/v4t1bj0-building-that-could-collapse-is-not-a-covered-collapse.html  and at https://youtu.be/G0INY7Yka_k On May 7, 2019, Saddletree Holding, LLC (Saddletree) filed an insurance claim for damages sustained to its building located in Upton, … Continue reading

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Help, My House Is Falling Into The Sea

Normally Honest People Will Try Insurance Fraud I present blogs and videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance fraud. This Video Blog of True Crime Stories of Insurance … Continue reading

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Lies on Insurance Application Expensive

False Statement on Application Requires Rescission Post 4792 See the full video at https://rumble.com/v4so850-lies-on-insurance-application-expensive.html  and at https://youtu.be/gkVUNGWdGig Plaintiff Kimberli Orr obtained no-fault automobile insurance from defendant USA Underwriters and was involved in an automobile collision. Defendant denied plaintiff’s claim for … Continue reading

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Zalma’s Insurance Fraud Letter – May 1, 2024

ZIFL Volume 28, Issue 9 Happy Law Day Subscribe to ZIFL Here  Post 4791 See the full video at https://rumble.com/v4sh6jf-zalmas-insurance-fraud-letter-may-1-2024.html and at https://youtu.be/fa4vlHi7FjE The Source for the Insurance Fraud Professional Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of … Continue reading

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Criminal’s Money Stays With State

Assets Forfeited to State are not Subject to Attachment Post 4790 See the full video at  https://youtu.be/lRkLuhZqa8M  and at https://rumble.com/v4s9np9-criminals-money-stays-with-state.html In B.D. v. Sussex County Prosecutor’s Office, No. A-1781-22, Superior Court of New Jersey, Appellate Division (April 19, 2024) the … Continue reading

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Telling the Truth Can’t Be Defamatory

After Health Provider Entity’s Management is Arrested for Fraud Reporting Suspicion to Beneficiaries is not Defamation Post 4789 See the full video at  https://rumble.com/v4rreyk-telling-the-truth-cant-be-defamatory.html and at https://youtu.be/LvvId3sEt_w It is Chutzpah to Charge Defamation About a True Statement BrainBuilders, LLC appealed … Continue reading

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It is Nuts to Assume You are Covered

Driver Must Request UIM Coverage Post 4748 See the full video at https://rumble.com/v4rk386-it-is-nuts-to-assume-you-are-covered.html and at https://youtu.be/NLNDduuiaxI Kimberly Rogers appealed from a judgment of the Fayette Circuit Court granting Lyft, Inc.’s motion for summary judgment, Allstate Insurance Company’s motion for summary … Continue reading

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Choking a Friend to Death Not a Covered Loss

Coverage Limited to Conduct of Business of Insured Post 4787 See the full video at https://rumble.com/v4rb9tb-choking-a-friend-to-death-not-a-covered-loss.html  and at https://youtu.be/ywvsC-SIgrk Jodi Greenlaw,  as personal representative of the estate of her late husband Philip J. Greenlaw (collectively, the Estate), appealed from a … Continue reading

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Agent Binds Principal

Rejection of UIM Cover by Agent Valid Post 4786 See the full video at https://rumble.com/v4r4aq5-agent-binds-principal.html  and at https://youtu.be/c5qaoVv0Pik Brandon Lawrence appealed the trial court’s order finding Progressive Northern Insurance Co. (Progressive) made a valid, meaningful offer of underinsured motorist (UIM) … Continue reading

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Assets Forfeited as Restitution for Murder for Profit

Insurance Companies are Victims When Wife Killed for Insurance Money See the full video at https://rumble.com/v4qwsv3-assets-forfeited-as-restitution-for-murder-for-profit.html and at https://youtu.be/0zcpwPVIJ6M Post 4785 Secondary Beneficiaries Have No Right to Insurance Proceeds Obtained by Father as a Result of Murder of Mother Julian … Continue reading

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Insurer Immune from Malicious Prosecution Suit

SIU Report to State Made in Good Faith Makes it Immune from Suit for Malicious Prosecution Post 4784 See the full video at https://rumble.com/v4qea4l-insurer-immune-from-malicious-prosecution-suit.html  and at https://youtu.be/_3Hc8MniqRE In The Hanover Insurance Group, Inc; and Michael Arline, Jr., v.  Luke Frazier, … Continue reading

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Criminal Tries to Get Out of Sentence

Fraudster Fails to Obtain Post Conviction Relief Post 4783 See full video at https://rumble.com/v4q6s6x-criminal-tries-to-get-out-of-sentence.html and at https://youtu.be/T8izcEXer9k Robert Sitler appealed from the order that dismissed his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). A jury found him … Continue reading

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Unclear Language in Policy Interpreted in Favor of Property Owner

Homeowner Is Found to be a Beneficiary of Forced Placed Insurance See the full video at https://rumble.com/v4pzy46-unclear-language-in-policy-interpreted-in-favor-of-property-owner.html  and at https://youtu.be/1N3KeQW1ZhQ Post 4782 Keith Rath was unhappy with Arch Insurance Company over coverage for damage from the Derecho (windstorm) that hit … Continue reading

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Man Bites Dog & Dog Bites Back

Third Circuit Compels Arbitration of IFPA Qui Tam Claims Post 4781 See the full video at https://rumble.com/v4psoxu-man-bites-dog-and-dog-bites-back.html  and at https://youtu.be/Lx6_lFigogk In The Insurance Fraud Prevention Act (IFPA) allows insurers to sue health care providers pursuing insurers with assignments of benefits … Continue reading

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Swimming Pool Claim Sunk

Private Limitation of Action Provision Defeats Bad Faith Suit Post 4780 See the full video at https://rumble.com/v4pm4n0-swimming-pool-claim-sunk.html  and at https://youtu.be/W9XJi0tdetE No Right to Bad Faith If No Coverage for Loss James H. Drevs and Patricia Henderson appealed from the order … Continue reading

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Zalma’s Insurance Fraud Letter – April 15, 2024

ZIFL, Volume 28, Issue 8 Subscribe to ZIFL Here  Post 4779 See the full video at https://rumble.com/v4p2ule-zalmas-insurance-fraud-letter-april-15-2024.html and at https://youtu.be/p6L-wEbN4_g The Source for the Insurance Fraud Professional Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to … Continue reading

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Fairly Debatable Action by Insurer

Reasonable & Arguable Reason to Deny Claim not Bad Faith Post 4778 See the full video at https://rumble.com/v4ow4tt-fairly-debatable-action-by-insurer.html  and at https://youtu.be/46hejNuhMRQ William A. Lemons, Jr., M.D., a doctor who specialized in obstetrics and gynecology (“OB/GYN”), sued Principal Life Insurance Company … Continue reading

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Pro Se Plaintiff’s Qui Tam Suit Fails

Private Citizen May Not Compel Enforcement of a Criminal Law Post 4774 See the full video at https://rumble.com/v4olbw5-pro-se-plaintiffs-qui-tam-suit-fails.html  and at https://youtu.be/1AwpmNfjQek Ronald Rothman appealed from an order of the District Court dismissing his complaint with prejudice and remanding a foreclosure … Continue reading

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Who’s on First?

Insurer Files Interpleader to Allow Claim Payment to Proper Competing Claims Against Funds Post 4773 See the full video at https://rumble.com/v4of8jo-whos-on-first.html  and at https://youtu.be/mCY8rYGqSGc In an interpleader action arising out of a jury trial in Hanover Am. Ins. Co. v … Continue reading

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Court Slaps Down SLAPP Suit

Lawyers Fraudulent Billing is not Pre-Litigation Protected Petitioning Activity Post 4772 See the full video at https://rumble.com/v4o7s9c-court-slaps-down-slapp-suit.html  and at https://youtu.be/9NFVUji0uF4 Strategic Lawsuits Against Public Participation (SLAPP suits) are meritless lawsuits designed to harass parties for engaging in protected activities (the … Continue reading

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Real Property Damage Required for Defense

“Property Damage” Must Be Actual Not Potential Post 4771 See the full video at https://rumble.com/v4nnf3u-real-property-damage-required-for-defense.html  and at https://youtu.be/z2azn1FG2EQ Breach of Construction Contract Not an Insured Peril After the plaintiff’s motion for summary judgment was rejected and the defendant insurer’s motion … Continue reading

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To Plead Fraud Plaintiff Must Identify Acts of Fraud

Suspicion of Fraud Cannot Support Qui Tam Action Post 4770 See the full video at https://rumble.com/v4ngeyi-to-plead-fraud-plaintiff-must-identify-acts-of-fraud.html and at https://youtu.be/V8lmqgXsMNU Richard Campfield, suing for the State of California, appealed the trial court sustained the demurrer of defendants Safelite Group, Inc. and … Continue reading

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Life Insurance Can Be Hazardous to Your Health

Insurance Fraud by Board & Care Facility Post 4769 See the full video at https://rumble.com/v4n98rz-life-insurance-can-be-hazardous-to-your-health.html  and at https://youtu.be/2z9EdkKPVUU This is a Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I … Continue reading

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Never Lie on an Application for Insurance

Conceal or Misrepresent Material Facts Requires Rescission in Alabama Post 4768 See the full video at https://rumble.com/v4n1gi5-never-lie-on-an-application-for-insurance.html  and at https://youtu.be/JwHq6xb6pA4 Allied World issued general liability policies to Clint Lovette (“Lovette”) and his companies.  (collectively “Lovette Defendants”) for the policy periods … Continue reading

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Compassion Not Available for Arsonist

No Reason to Release Convicted Arsonist Early Post 4767 See the full video at https://rumble.com/v4mua6c-compassion-not-available-for-arsonist.html and at https://youtu.be/ab6rFw_DLSE In United States Of America v. Jonathan Paul Wiktorchik, Jr., No. 23-2564, United States Court of Appeals, Third Circuit (March 25, 2024) … Continue reading

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Zalma’s Insurance Fraud Letter – April 1, 2024

ZIFL-04-01-2024 Volume 28, Number 7 Subscribe to ZIFL Here Post 4766 The Source for the Insurance Fraud Professional Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. … Continue reading

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Litigation Between Insurers Should be Avoided

Potential of Coverage is Enough to Require an Insurer to Defend Post 4765 See the full video at https://rumble.com/v4m2j79-litigation-between-insurers-should-be-avoided.html  and at https://youtu.be/CzzxD2wh46g When two or more insurance companies issue policies with a potential for coverage of a claim of bodily … Continue reading

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Soft Fraud

How Most Get Away With Insurance Fraud Post 4764 See the full video at https://rumble.com/v4luxm2-soft-fraud.html  and at https://youtu.be/52DjezN4OX8 For reasons known only to governmental entities some insist on categorizing fraud into both “hard” and “soft” fraud. By so doing the … Continue reading

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Red Flags of Insurance Fraud

Indicators of Insurance Fraud are Investigative Tools Post 4763 See the full video at https://rumble.com/v4ln1xr-red-flags-of-insurance-fraud.html  and at https://youtu.be/xSnn0wy1yUU Suspicious claims have common attributes. Insurers and their anti-fraud organizations have collated the common attributes into lists of indicators or red flags … Continue reading

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