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Unintended Consequences of Bad Faith and Insurance Fraud & Weapons to Defeat Fraud 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 possible for insurers and their claims staff to become insurance claims professionals.  “The Law of Unintended Consequences and the Tort of Bad Faith” The concept of…
Jury Verdict Equal to Available Insurance Improperly Provided to Jury is Indication of Misconduct Jurors, willing to give damages for injuries received, should never be allowed to know the insurance available to the defendant since they might consider the available limits in setting damages. In Unit Drilling Company v. Michael Gilmore, Number 13-17-00594-CV, Court of Appeals Thirteenth District of Texas Corpus Christi-Edinburg (October 10, 2019) the jury inadvertently received a copy of the defendant’s available…
“Rescission of Insurance – 2nd Edition” Read about this and other insurance books by Barry Zalma at https://zalma.com/blog/insurance-claims-library/ 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 in or with the business of insurance must understand that rescission is an equitable remedy as ancient as the common law of Britain.…
Denial Based on Reasonable Interpretation of Policy Wording Avoids Penalties The plaintiff, Jeffrey Patzius, sought sanctions pursuant to section 155 of the Illinois Insurance Code (Code) (215 ILCS 5/155 (West 2016)) against the defendant, American Family Insurance, for what he alleged were the defendant’s vexatious and unreasonable delay in making payment on the plaintiff’s insurance claim. On August 7, 2018, the trial court denied the plaintiff’s request for sanctions, finding that, because there was a…
Evidence is Needed to Prove the Tort of Bad Faith Some people simply refuse to accept a claim denial, even after a trial court, three times found that the insured had no case. In Timothy A. Mohney v. American General Life Insurance Company, As Successor by Merger to American General Assurance Company, As Successor in Interest to U.S. Life Credit Insurance Company, J-A08011-19, No. 760 WDA 2018, Superior Court of Pennsylvania (October 10, 2019) Timothy…
Needed by Every Insurance Defense Lawyer & Claims Adjuster 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 possible for insurers and their claims staff to become insurance claims professionals.  Insurance Claims Library HOW TO BUY AN APPROPRIATE HOMEOWNERS POLICY AND SUCCESSFULLY MAKE A CLAIM TO THE INSURER
Forging a Certificate of Insurance is a Crime Every construction contract requires that subcontractors provide certificates of insurance as a condition of working on the construction project. Many subcontractors do not have liability insurance that would fulfill the requirements of a general contractor and owner of a major construction project. To get the work some are tempted to provide fake evidence of insurance. In Terrence Roberts v. The State of Texas, NO. 03-18-00224-CR, Texas Court…
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 following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals. Insurance claims professional and expert witness Kevin Quinley said about the following ten…
Third Circuit Insists on Applying Clear and Unambiguous Language of Insurance Policy Life insurance policies are different from other insurance policies because they put a two year limit on certain exclusions. In Nicholas Lomma; J. L., a Minor, by Anthony Lomma, Guardian v. Ohio National Life Assurance Corporation; Ohio National Life Insurance Company, No. 18-2675, United States Court of Appeals for the Third Circuit (October 8, 2019) the policy in question excluded death by suicide…
Insurance is the Only Crime Where the Victim Is Required to Pay for Investigation & Prosecution of the Criminal or No Investigation Will Be Done  Zalma’s Insurance Fraud Letter, Volume 23, No. 20 Some of the articles you can read in this issue of ZIFL follow: Most states require insurers doing business in the state to pay a special tax to fund special police agencies called insurance fraud bureaus or insurance fraud divisions. Insurers…