Category Archives: Zalma on Insurance

insurance, insurance coverage, insurance claims, insurance bad faith, claims, investigation, fraud.

Everything Needed by the Insurance Claims Professional from Barry Zalma

The Examination Under Oath & the Homeowners Policy Insurance, to work effectively, must be understood by those who purchase insurance like a homeowners policy, and those who act on behalf of insurers and policyholders to make sure that insurers and … Continue reading

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Crooked Docs Ordered to Pay Restitution to Insurers and Medicare

Four Doctors Convicted of Medicare Fraud Must Pay $56,686,731.53 in Restitution Four doctors convicted of health insurance fraud – with details in Zalma’s Insurance Fraud Letter of February 15, 2020, argued with the court about the extent of restitution required … Continue reading

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How Some Use Insurance Fraud for Fun and Profit and Others Defeat Them

Fictionalized True Insurance Crime Books In the last 52 years I have run across some very unusual insurance claims. I have fictionalized some of those stories to protect the guilty. Over the last 52 years Barry Zalma has dedicated his … Continue reading

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A Plaintiff who Sits on Her Rights Loses Everything

Private Limitation of Action Provision of Policy Defeats Contract and Bad Faith Claim Almost every first party property insurance policy contains a private limitation of action provision that shortens the statute of limitations in the state where the loss occurred. … Continue reading

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Zalma on Insurance on You Tube

A YouTube Channel for Those Interested in Insurance, Claims and Insurance Fraud I have created a YouTube Account where I will publish video on insurance claims, insurance law and insurance fraud. The first videos are availble at https://www.youtube.com/channel/UCFg7qxC0tVgKcMUqoUfnwPw The tort … Continue reading

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Insurance Law Deskbooks

Everything Needed by the Insurance Claims Professional from Barry Zalma Over the last 52 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 … Continue reading

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No Coverage, No Claim, No Bad Faith

You are Not “In, On or Open” a Vehicle When You are Blocks Away When a woman on a tour of the United States left the tour bus, checked into her hotel, walked into the shopping center of the town … Continue reading

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Rescission of Insurance and Collection of Blog Posts

Rescission of Insurance – 2nd Edition Newly updated and expanded, “Rescission of Insurance – 2nd Edition” provides the insurance coverage lawyer, policyholder lawyer and claims professionals with everything needed to understand and enforce the equitable remedy of rescission. Everyone involved … Continue reading

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Failure to Prove Breach of Contract Defeats Bad Faith Claim

Frozen Pipes Insufficient to Prove Insured Failed to Heat Building When a major water damage loss occurred after freezing allegedly caused pipes to burst, conflicting expert testimony disputed what caused the pipes to freeze, making it impossible to grant summary … Continue reading

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Rescission of Insurance and True Crime Insurance Stories

Insurance Law & Fun 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 … Continue reading

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Greed Falls Afoul of a Clear and Unambiguous Exclusion

An Insurer May Relieve Itself Of Liability by Imposing Conditions Prior To Assuming An Obligation People who are injured in an auto accident always believe the insurance available from the tortfeasor and an underinsured motorist insurer is insufficient and try … Continue reading

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Ethics – Two Books Needed by Every Insurance Professional

The Little Book on Ethics for the American Lawyer The practice of law demands more than knowledge of statutory and case law. It requires more than technical proficiency in the nuts and bolts of legal practice. A lawyer is an … Continue reading

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Conditions Matter

Failure to Maintain Underlying Insurance Defeats Claim for Defense from Umbrella Insurer Every insurance policy ever issued contains conditions that are the basis of the policy and must be fulfilled if an insured wishes to receive the benefits of the … Continue reading

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Help Dealing With Insurance Claims Regulations

California Fair Claims Settlement Practices Regulations A Guide to Insureds, Public Insurance Adjusters, and Lawyers to Properly Investigate and Adjust Insurance Claims This book was designed to assist insurance personnel who do business in the state of California. It will … Continue reading

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Rescission Requires Proof of Deception About a Material Fact

Summary Judgment Reversed Because Issues of Fact Remained People whose claims are denied attempt – often successfully – to make the denial a class action that will allow the plaintiff and the plaintiff’s lawyer with a windfall. Insurers who use … Continue reading

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Basic Manuals for Dealing with Property and Liability Insurance Claims

Two Books Needed by Every Claims Adjuster The Compact Book of Adjusting Property Insurance Claims – Second Edition A Manual for the First Party Property Insurance Adjuster The insurance adjuster is not mentioned in a policy of insurance. The obligation … Continue reading

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It is Essential to Read the Entire Contract Requiring Additional Insured

Insurer’s Over Precise Interpretation of Contract Ignores Meaning of Entire Contract The covenant of good faith and fair dealing requires an insurer to interpret its obligations under a policy of insurance fairly, in good faith, and to interpret it as … Continue reading

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Bad Faith & Insurance Fraud

Unintended Consequences of the Tort of Bad Faith & How to Defeat Insurance Fraud The Law of Unintended Consequences and the Tort of Bad Faith The concept of unintended consequences is one of the building blocks of economics. Adam Smith’s … Continue reading

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A Masters Course on Property Insurance Claims

Adjusting Property Insurance Claims If you are manage an insurance claims operation, operate a college based risk management and insurance program, are an insurance adjuster, are a public insurance adjuster, or want to create a professional insurance claims operation you … Continue reading

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How to Deal With Claims About Construction Defects and/or Mold

Construction Defects and Mold Claims 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 … Continue reading

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Extrinsic Evidence Resolves Ambiguity in Policy Interpretation

Stacked Excess Policies Over a Self-Insured-Retention and Deductible Resolved by Application of Extrinsic Evidence Insureds who face major liabilities often buy layers of liability insurance coverage. When all of the layers are involved in one or more case disputes require … Continue reading

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The Comprehensive Insurance Claims Series of Books

Ten Volumes Comprising A Comprehensive Group of Materials on Property & Casualty Insurance Claims 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 … Continue reading

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To Obtain Rescission an Insurer Must Prove the Result is Fair to All

Rescission is an Equitable Remedy that Must be Fair to All Effected Rescission is an equitable remedy. It does not allow for payment of damages. It requires that a court act fairly to all involved. In Citizens Insurance Company Of … Continue reading

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The EUO and the Homeowners Policy – Books for Anyone Interested in Insurance

Everything Needed by the Insurance Claims Professional from Barry Zalma 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 … Continue reading

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Insurer may Rescind a Policy based on a Misrepresentation by an Insurance Broker

Material Misrepresentation Allows for Rescission Defense of Suit Against Insurer California allows rescission of an insurance policy for misrepresentation or concealment of a material fact, even if made innocently with no intention to deceive the insurer. An insurer may not … Continue reading

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Barry Zalma Insurance Books from Major Publishers

Books from Full Court Press, the ABA and Thomson Reuters Full Court Press Zalma on Property and Casualty Insurance The earnings of almost every civil lawyer in the United States are funded by the insurance industry. Insurance can best be … Continue reading

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A Brutal, Senseless Physical Altercation is not an “Accident”

Battery, With Intent to Injure, is not an Insurable Event Trinity Carr, with malicious intent, beat, kicked and slammed Amy Joyner-Francis to the ground causing her unexpected death. Carr sought indemnity from her homeowners insurer claiming her actions resulted in … Continue reading

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Rescission of Insurance and Random Thoughts

What Happens When an Insured Breaches the Covenant of Good Faith & Fair Dealing The book on Rescission of Insurance provides insurers, their claims personnel and lawyers with information needed to defeat breaches of the covenant of good faith and … Continue reading

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The Covenant of Good Faith Applies Equally to the Insured

Presenting a False Application Allows Insurer to Rescind Policy Much is written about the tort of bad faith. Usually claiming an insurer did something improperly to deprive an insured of the benefits of an insurance policy. Almost never reported is … Continue reading

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Utah Insurance Statute Changes Common Law Defense

A Person Who Becomes Unforseeably Incapacitated Cannot be Found Liable in Tort When I was a young lawyer a client severely injured a young man when my client had a seizure while operating a motor vehicle and drove it into … Continue reading

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Zalma’s Insurance Fraud Letter – February 1, 2020

 ZALMA’S INSURANCE FRAUD LETTER February 1, 2020 Standing to Rescind Insurance Fraud Prevention Act Fails   Zalma’s Insurance Fraud Letter, Volume 24, No. 3 Some of the articles you can read in this issue of ZIFL follow:  Standing to Rescind Insurance … Continue reading

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Insurance is a Contract of Personal Indemnity

No Insurable Interest No Coverage Insurance is a contract of personal indemnity. No one can buy a policy of insurance on the risk of loss or real or personal property in which the person insured has no insurable interest. That … Continue reading

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Murder And Insurance Fraud Don’t Mix

A Fictionalized True Insurance Crime Book The following is the introduction to my book “Murder and Insurance Fraud Don’t Mix” available at amazon.com at the following links Available as a Kindle book  and Available as a paperback. It explains how an … Continue reading

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Insurance Fraud and the Equitable Remedy of Rescission

Everything Needed by the Insurance Claims Professional from Barry Zalma 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 … Continue reading

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Fair Claims Settlement Practices Regulations

The Reasons Behind the California Fair Claims Settlement Practices Regulations The following is adapted from the Introduction to my book, California Fair Claims Settlement Practices Regulations Available as a Kindle book. and Available as a paperback. Every Insurance Claims Person … Continue reading

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Ethics for Lawyers and Insurance Professionals

Ethics are Important to Everyone The concept of ethical behavior refers to well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues, all of … Continue reading

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Arson – A Violent and Deadly Form of Insurance Fraud – Real Punishment

Arsonist Gets 12 Years of Hard Labor and Fails in Attempt to Obtain a Shorter Sentence Unlike the rest of the country the State of Louisiana takes arson and insurance fraud seriously. When a person who admitted to setting fire … Continue reading

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Do You Want Professional Claims Handlers – Educate Them!

Education is Essential to Every Claims Operation There are more jobs available in the United States than there are people looking for work. When an insurance company is able to hire a person to be an insurance claims handler it … Continue reading

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A Masterpiece of Patience from the Fifth Circuit

If You Don’t Pay Premium You Have no Coverage The Fifth Circuit Court of Appeals, in probably one of the shortest decisions ever rendered by an appellate court, made a simple, clear and obvious result in Jesse Clarence Brown, Sr. … Continue reading

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The Four Corners Rule Strikes Again

Extrinsic Evidence not Allowed to Interpret Coverage When pleading a lawsuit in Colorado, a four corners or eight corners state, it is necessary for the suit to include sufficient information for the court to determine a potential for coverage under … Continue reading

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