Category Archives: Zalma on Insurance

ZIFL Volume 27, Issue 7 See the full video at https://rumble.com/v2fmoze-zalmas-insurance-fraud-letter-april-1-2023.html and at https://youtu.be/J8efTOAEWco The Source For Insurance Fraud Professionals Louisiana and Texas Charge Public Adjuster Not an April Fools Story Andrew Joseph Mitchell, was indicted by a grand jury … Continue reading →

No Contract Compelling Arbitration Between Insurer and Insured No Arbitration See the full video at https://rumble.com/v2fhaf8-non-signatory-to-agreement-cant-compel-arbitration.html  and at https://youtu.be/ScCmdxVoJTw In Alex Weingarten v. Certain Underwriters At Lloyd’s, London Subscribing To Policy Number IML-0114N0-190029, B321148, California Court of Appeals, Second District, … Continue reading →

Satisfaction of Mortgage Eliminates Right of Mortgagee to Recover from Homeowners Policy See the full video at https://rumble.com/v2f6d7o-mortgagee-has-no-right-to-insurance-proceeds-after-debt-paid.html and at https://youtu.be/5YPVlG8p1rU In Thomas P. Williams, Sr. v. Nationwide Insurance a/k/a Nationwide Mutual Insurance Company, Civil Action No. 22-1090, United States … Continue reading →

WILFUL ACT EXCLUDED BY CALIFORNIA STATUTE See the full video at https://rumble.com/v2f0w4e-intentional-and-inherently-or-predictably-harmful-conduct-cannot-be-covered.html and at https://youtu.be/bJgXcnZCUAM Markel American Insurance Company (“Markel”) issued a management liability policy to United Talent Agency (“UTA”). UTA was sued by a competitor, Creative Artists Agency (“CAA”) … Continue reading →

Occupancy Provision Prevents Coverage for Insured Injured as a Pedestrian See the full video at https://rumble.com/v2eqo7y-no-contact-with-vehicle-no-coverage.html  and at https://youtu.be/u1pG63KgYMc George Mims was injured when he was struck by an automobile while walking toward his own vehicle. At the time of … Continue reading →

Forum Non Conveniens Dismissal Is Not A Judgment On The Merits See the full video at https://rumble.com/v2el72o-broker-only-agent-of-insured.html and at https://youtu.be/hKu4Ps_HcXw The Fifth Circuit Court of Appeals resolved insurance issues concerning cable-damage in the Arabian Gulf by recognizing the difference between … Continue reading →

Claims Made Policy May Not Respond to Claims Made After Expiration of the Policy See the full video at https://rumble.com/v2eamuc-failure-of-lawyer-to-report-claim-fatal-to-coverage.html  and at https://youtu.be/zXQSOOxKzrE Twin City Fire Insurance Company sold a malpractice insurance policy to John S. Xydakis, an attorney and … Continue reading →

California Insurance Code § 533 Prohibits Insurance for Wilful Acts of the Insured See the full video at https://rumble.com/v2ea5rw-malicious-prosecution-not-insurable-in-california.html and at https://youtu.be/-S5NoSvtdMY Aspen Specialty Insurance Company appealed from the district court order dismissing its complaint against Miller Barondess, LLP, and … Continue reading →

MCS-90 Is a Surety Agreement Different from the Insurance Policy See the full video at https://rumble.com/v2dzulg-mcs-90-endorsement-not-insurance.html  and at https://youtu.be/LrjPKYEFt0M An insurer and tort claimants dispute the insurer’s maximum theoretical liability under a surety agreement. In Wesco Insurance Company v. Edward … Continue reading →

One Year Suit Provision Defeats Late Suit See the full video at https://rumble.com/v2dkrps-no-breach-of-contract-no-bad-faith.html and at https://youtu.be/V61YWSTcE7s GEICO Marine Insurance Company sued Lee Mandel seeking a declaratory judgment as to the rights and obligations of the parties under two yacht insurance … Continue reading →

Convicted Insurance Fraud Felon Must Stay in Jail See the full video at https://rumble.com/v2dkckk-arsonist-acting-as-his-own-lawyer-fails.html and at https://youtu.be/4moG6M9DkK0 Charles Moss, a federal inmate proceeding pro se, appealed the district court’s dismissal of his habeas corpus petition for lack of statutory jurisdiction. … Continue reading →

You Only Get What You Pay For See the full video at https://rumble.com/v2djpx0-court-refuses-to-rewrite-policy.html  and at https://youtu.be/j_3rWmHE5fc In Auto-Owners Insurance Company v. Michael Cook, Michael Schuster, and Highland Auto Glass, Inc., No. 21-cv-348-JPG, United States District Court, S.D. Illinois (March 9, … Continue reading →

The Defeat of a Fake $10 Million Jewelry Robbery Insurance Claim Barry Zalma, Esq., CFE, a Certified Fraud Examiner and a retired insurance coverage lawyer and active insurance claims, insurance coverage and insurance fraud expert has just published a fictionalized … Continue reading →

Sexual Abuse of Students not Educational Employment Activities See the full video at https://rumble.com/v2d9f14-criminal-sexual-abuse-of-students-excluded.html and at https://youtu.be/hkzyvP35B7Q In Nautilus Insurance Company v. Nicole Dufault, Isaiah Ziyambe-Freeman, Uchechi Ike, Matthew Derilus, Isaiah Gavin, Ormond Simpkins, Frankie Jerome, Brandon Hayes, and John … Continue reading →

ZIFL – Volume 27, Issue 6 See the full video at https://rumble.com/v2d3mrk-zalmas-insurance-fraud-letter-march-15-2023.html  and at https://youtu.be/xXjhnGW3rDY Ohio Insurance Department Warns of ‘Past Posting’ Fraud Scheme The Ohio Department of Insurance warned of an insurance fraud scheme committed after an auto accident … Continue reading →

No Coverage if Person Fails to Qualify as an Insured See the full video at https://rumble.com/v2cxvdg-defense-refused.html and at https://youtu.be/8nK4ZjjHNe0 Plaintiff CSAA Fire & Casualty Insurance Company (CSAA) sued Roman Ramirez and eventually filed a successful Motion for Summary Judgment on … Continue reading →

Investigation of Suspected Fraud See the full video at https://rumble.com/v2cioga-first-party-property-fraud.html  and at https://youtu.be/-34uhXJ50bg Every first-party property adjuster will face in his or her career attempts to defraud the insurer for whom the adjuster works. It is necessary that the adjuster … Continue reading →

“The Passover Seder For Americans” For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in … Continue reading →

No Compelling Reason to Release Convicted Arsonist and Murderer See the full video at https://rumble.com/v2ce08q-chutzpah-claim-from-killer-refused.html  and at https://youtu.be/k_7qCHSI1Fs A person with no compassion for his many victims, with an expression that defines chutzpah, sought compassionate release from his 110 year … Continue reading →

“Caused by” is Synonymous with “Arises From” See the full video at https://rumble.com/v2c8orc-indemnification-required.html and at https://youtu.be/u7bqqUnbWHsIn John Caruso v. OMNI Hotels Management Corporation, d/b/a OMNI Hotel, Ultimate Parking, LLC, No. 21-1745, United States Court of Appeals, First Circuit (March 2, … Continue reading →

Arbitrator’s Factual Errors Not Ground to Vacate Award See the full video at https://rumble.com/v2c3gbi-arbitrator-factual-error-must-stand.html   and at https://youtu.be/o5jyJyG9Vo8 In Martinique Properties, LLC v. Certain Underwriters at Lloyd’s of London, Subscribing to Policy Number W1551E160301; Beazley Lloyd’s Syndicate 2623; Beazley Lloyd’s … Continue reading →

Three Webinars on Insurance Claims Subscribers have available three full webinars on insurance, property claims adjusting and liability claims adjusting plus multiple videos and articles relating to insurance and insurance claims. Subscribers to my Locals.com community have available three full … Continue reading →

Failure to Fulfill Protective Safeguards Endorsement Defeats Fire Claim See the full video at https://rumble.com/v2byhfq-no-water-to-sprinklers-no-coverage.html  and at https://youtu.be/_oSRoKJOi_0 In Frankenmuth Mutual Insurance Company v. Fun F/X II, Inc. and Cao Enterprises II, LLC, No. 22-1933, United States Court of Appeals, … Continue reading →

Being a Bad Neighbor is not a Crime This is a fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story, and … Continue reading →

Suing an Insurer & its Chairman as Racist for Denial of Claim is not Viable See the full video at https://rumble.com/v2bh53c-vexatious-litigant-warned.html  and at https://youtu.be/TG59DxSOL8k After a car accident, Nehemiah Rolle filed a claim with his insurer, Founders Insurance Company, a … Continue reading →

ERISA Plan Must be Enforced as Written See the full video at https://rumble.com/v2bd9ve-employer-provided-life-policy-expired.html   and at https://youtu.be/oqaF9V2VtwY When Anthony Hayes’ employment ended, so did his employer-provided life insurance. Hayes then missed the deadline to convert his coverage to an individual … Continue reading →

Random Thoughts on Insurance Volume XV Blog Posts from Zalma on Insurance from July 2022 to February 2023 Kindle Edition

ZIFL Volume 27, Issue Number 5 See the full video at https://rumble.com/v2b9mt4-zalmas-insurance-fraud-letter-march-1-2023.html and at https://youtu.be/KhITzgBsOsA Read the full text of ZIFL at http://zalma.com/blog/wp-content/uploads/2023/02/ZIFL-03-01-2023.pdf. McClenny Moseley & Associates & Insurance Fraud The McClenny Moseley & Associates (MMA) series of lawsuits, court … Continue reading →

Insurance Agent Who Kept Premium Money Loses License See the full video at https://rumble.com/v2b5io2-agents-license-removed-for-fraud.html  and at https://youtu.be/W-7fFuD4170 Vincent Alexander, appealed the trial court judgment which affirmed the March 23, 2021 decision of the Louisiana Division of Administrative Law that revoked … Continue reading →

Business Pursuits Exclusion Defeats Claim See the full video at https://rumble.com/v2as21o-homeowners-policy-does-never-covers-business-pursuits.html  and at https://youtu.be/q_syTl05WMQ In a declaratory judgment action to determine whether the plaintiffs were obligated to defend and indemnify the named defendant under certain insurance policies for damages awarded … Continue reading →

Insurance Claims Books Over the last 55 years Barry Zalma, Esq., CFE 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 →

Judgment Damages Needed for CGL Coverage See the full video at https://rumble.com/v2ar6ac-cgl-is-a-third-party-liability-policy.html and at https://youtu.be/EzovLkSWSXo Hausmann Construction, Inc. (Hausmann) appeals the district court’s grant of summary judgment to Nationwide Mutual Insurance Company (Nationwide) on Hausmann’s breach-of-contract claim. In Hausmann Construction, … Continue reading →

Plaintiff May not Modify Meaning of Terms of Contract After Loss In Sayreville Seaport Associates Urban Renewal, L.P. v. Indian Harbor Insurance Company, Appeal No. 17222, Index No. 651626/21, Case No. 2022-02167, 2023 NY Slip Op 00505, Supreme Court of … Continue reading →

ZIFL – Volume 27 Issue 4 Sorry I was Late with The Blog & the Newsletter On 2/15/2023 I had a transcatheter aortic valve replacement (TAVR) procedure that replaced my poorly functioning Aortic Hart valve. I tolerated the procedure well … Continue reading →

Sorry I was Late with The Blog & the Newsletter On 2/15/2023 I had a transcatheter aortic valve replacement (TAVR) procedure that replaced my poorly functioning Aortic Hart valve. I tolerated the procedure well although the recovery process took a … Continue reading →

Acquittal is not a Finding of Innocence See the full video at https://rumble.com/v28sqfi-only-probable-cause-needed-for-arrest.html and at https://youtu.be/wNvFY-rHv8I Probable Cause is not a High Bar People who attempt insurance fraud are always upset when the fraud fails. When that failure results in … Continue reading →

Seventh Circuit Applies Contractual Limitation of Action Provision Late Filing Defeats Suit See the full video at https://rumble.com/v28no82-private-limitation-of-action-enforced.html and at https://youtu.be/medT74mKW3Q In Waseem Daker v. State Farm Fire And Casualty Company, No. 21-3210, United States Court of Appeals, Seventh Circuit … Continue reading →

Crime Protection Policy Protects Insured Against Fraud Valero Followed Instructions from Fraudster See the full video at https://rumble.com/v28jm1u-fraudster-collects-over-250000.html and at https://youtu.be/0V7fLX8x1v0 In Valero Title Incorporated, doing business as Valero Title Company v. RLI Insurance Company, No. 22-20155, United States Court … Continue reading →

Independent Agent Represents his Principal, the Insured Michigan’s Common Law Considers an Independent Insurance Agent is an Agent of the Insured See the full video at https://rumble.com/v28c19u-broker-not-agent-of-insurer.html  and at https://youtu.be/4CTE52lBbKQ When an independent-insurance agent (called a “broker” in most states) … Continue reading →

Conviction for Second-Degree Reckless Homicide Could be an Accident See the full video at https://rumble.com/v287ymy-wisconsin-finds-killing-the-insureds-child-a-potential-accident.html  and at https://youtu.be/X9wrUeDnAeo When there is a severe injury, like the criminal death of a child, litigation results in an attempt to collect from an … Continue reading →