Barry Zalma

Blogs: Zalma on Insurance

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Everything Needed by the Insurance Claims Professional Every insurance claim requires that the representatives of the insurer deal fairly and in good faith with the insured. To do so each insurance claims person needs to provide the services promised by the policy of insurance. To do so each claims person must understand how insurance policies are interpreted by the courts in his or her jurisdiction, the meaning of each promise made by the policy, and…
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Where the Insured Defaults the Insurer is Bound to Prove the Pleadings are Untrue Scottsdale insurance Company refused to defend its insureds based on an application of the policy wording to the allegations of the underlying suit. The defendant in the underlying suit, without a defense, allowed a default judgment to be entered. The insured assigned the rights against the insurer who was then ordered by the trial court to pay the policy’s limit plus…
Everything Needed by the Insurance Claims Professional Every insurance claim requires that the representatives of the insurer deal fairly and in good faith with the insured. To do so each insurance claims person needs to provide the services promised by the policy of insurance. To do so each claims person must understand how insurance policies are interpreted by the courts in his or her jurisdiction, the meaning of each promise made by the policy, and…
U.M. Claim Dies Because Insured did not Sue Uninsured Motorist or Demand Arbitration Timely Jerry Pikover, relying on his lawyer, carried on extensive negotiations and efforts to collect on an Uninsured or Underinsured Motorist Claim (UM/UIM) only to have the claim denied for failure to fulfill the basic conditions precedent to collecting UM/UIM coverage under the California uninsured motorist and underinsured motorist statute. In Jerry Pikover v. Liberty Mutual Fire Insurance Company et al., B283206,…
Everything Needed by the Insurance Claims Professional Every insurance claim requires that the representatives of the insurer deal fairly and in good faith with the insured. To do so each insurance claims person needs to provide the services promised by the policy of insurance. To do so each claims person must understand how insurance policies are interpreted by the courts in his or her jurisdiction, the meaning of each promise made by the policy, and…
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Violation of an Intellectual Property Law or Right is Not Covered Defamation Various states apply the law interpreting insurance contracts differently. Some apply coverage decisions to the four corners of the policy and the four corners of the suit while others allow extrinsic evidence to make a determination of coverage for defense or indemnity. The difference becomes important when one state’s law will allow for coverage and another will not. In Tela Bio, Inc., a…
Everything Needed by the Insurance Claims Professional Every insurance claim requires that the representatives of the insurer deal fairly and in good faith with the insured. To do so each insurance claims person needs to provide the services promised by the policy of insurance. To do so each claims person must understand how insurance policies are interpreted by the courts in his or her jurisdiction, the meaning of each promise made by the policy, and…
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Falsely Promising a Customer That a Shipment is Insured Is Criminal Insurance fraud is usually a crime by an individual against an insurer. However, since insurance fraud seems to be ubiquitous, it can also be an insurance fraud act to promise to a customer that a shipment is insured when it is not. In United States Of America v. Melinda J. Campbell (No. 17-5642); Elliot Campbell (No. 17-5973), No. 17-5642, No. 17-5973, United States Court…
Everything Needed by the Insurance Claims Professional Every insurance claim requires that the representatives of the insurer deal fairly and in good faith with the insured. To do so each insurance claims person needs to provide the services promised by the policy of insurance. To do so each claims person must understand how insurance policies are interpreted by the courts in his or her jurisdiction, the meaning of each promise made by the policy, and…
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Summary Judgment for Landlord Appropriate Almost, if not every, commercial lease contains a requirement that the tenant acquire insurance protecting the property and liability interests of the landlord. Failure to fulfill the condition breaches the lease and allows the landlord to evict the tentant. In Copley Mini Mart, Inc. v. Copley Properties, LLC, C.A. No. 28942, 2019 Ohio 33, State Of Ohio County Of Summit In The Court Of Appeals Ninth Judicial District (January 9,…