Zalma’s Insurance Fraud Letter – May 1, 2021


ZIFL – Volume 25, No. 9

See the full video at and at 

The May 1, 2021 issue of Zalma’s Insurance Fraud Letter includes the following articles and a video reporting on the key article about the Examination Under Oath at

The Examination Under Oath is an Important Tool for Every Fraud Investigation

The EUO Is a Serious and Important Part of the Insurer’s Investigation

The attorney, insurance claims professional or investigator who conducts the EUO can take a role similar to the role of a prosecutor without the usual constitutional restraints controlling testimony at a deposition or trial. [Hickman v. London Assurance Corporation, 184 Cal. 524, 195 P. 45 (1920)] A false statement as to any material fact during the EUO can cause the policy to be declared void, even if the fact has no relationship to the loss.

In Claflin the false testimony concerned a witness that would not affect the amount payable under the policy but to protect his reputation for veracity. The U. S. Supreme Court found that the witness of the injury was material to the investigation and declared the policy void for fraud because he made false statements under oath.

Contrary to the Belief of Lawyers for the Insured, the EUO Is Not an Adversary Proceeding like a Deposition in a Lawsuit.

Insurance Benefits Not Available to Remodel Fixer Upper

Good News From the Coalition Against Insurance Fraud

Probation for Insurance Fraud Proves Futile

Health Insurance Fraud Convictions

When You Do the Crime & Only Get Probation it is not Wise to Commit a New Crime

Other Insurance Fraud Convictions

OIG’s Most Wanted Fugitives

When Granted Non-Custodial Probation it is Insulting to Appeal the Conviction

New Books for the Insurance Claims Professionals

© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost

equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at and

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 53 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.

Go to the podcast Zalma On Insurance at;  Follow Mr. Zalma on Twitter at; Go to Barry Zalma videos at at; Go to Barry Zalma on YouTube-; Go to the Insurance Claims Library – Read posts from Barry Zalma at; and the last two issues of ZIFL at  podcast now available at


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