Barry Zalma, Inc.

Barry Zalma founded Barry Zalma, Inc. in 1979 to help resolve every insurance claim problem faced by you or your clients. For more than 51 years as a claims person and insurance coverage attorney, Barry Zalma has represented insurers, advised insurers on claims handling, interpreted coverages and testified as an insurance coverage, insurance bad faith, insurance claims handling and insurance fraud expert on behalf of insurers and policy holders’ suing insurers. He now limits his practice to consultation and service as an insurance claims handling expert.

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It is the Obligation of the Adjuster to Negotiate Settlement with Insured See the full video at https://rumble.com/vflso5-a-video-explaining-negotiation-of-settlement-of-a-first-party-property-clai.html and at https://youtu.be/JpnTWlQWdkQ After the adjuster has completed the bid comparison and established the objective amount of the loss, he or she should meet with the insured and present each of the estimates and the bid comparison. The adjuster will then advise the insured that the settlement of the building or structure loss will be based on…
A Reasonable Dispute of Facts Concerning Coverage is not Bad Faith USAA General Indemnity Company and the plaintiff, Bobby Fuentes, in his capacity as Administrator of the Estate of Alejandro Santos, decedent, (“Santos”), both moved for summary judgment based on disputed facts concerning the residence of the decedent. In Bobby Fuentes, Administrator Of the Estate of Alejandro Santos v. USAA General Idemnity Co., Civil Action No. 3:19-1111, United States District Court Middle District Of Pennsylvania…
The Flying Carpet See the full video at https://rumble.com/vfiktd-a-true-crime-video-of-insurance-fraud.html and at https://youtu.be/lQ0gk1LahNM 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 stories help to Understand How, and why, my book Insurance Fraud in America is Costing Everyone was written to explain to those who buy insurance thousands of dollars every year and why insurance fraud is…
Insurer May Be Punished Even If It Defends And Settles Suit Within Policy Limits Based on the Testimony of an “Expert” who Concluded a Subrogating Insurer Will Always Accept a Policy Limits Demand I have never been a fan of the tort of bad faith. In Planet Bingo LLC v. The Burlington Insurance Company, E074759, Court Of Appeal Of The State Of California Fourth Appellate District Division Two (March 18, 2021) extended the tort for…
Attorney Who Mishandled Insurance Claim while Unlicensed was Disbarred Celio Warren Young violated Maryland’s Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.5, 1.8, 1.15, 1.16, 5.5, 7.3, 8.1, and 8.4. These violations principally arose from Respondent’s unauthorized practice of law in Maryland without a license; intentional misrepresentations to his client about the status of his case; failure to properly maintain client funds in an attorney trust account; failure to advise his client to seek…
The Law of Unintended Consequences and the Tort of Bad Faith See the full video at https://rumble.com/vfhi55-a-video-asking-whether-the-tort-of-bad-faith-has-run-its-course.html and at https://youtu.be/iRMAZrOvGKw US law was first organized using English common law. When a contract was breached, only contract damages could be recovered. Tort damages were limited to tortious conduct and the two categories of damages were mutually exclusive. The primary purpose of damages for breach of a contract is to protect the promisee’s expectation interest in the…
Contract Transferring Risk from One Party to Another is Effective Wisconsin Central, Ltd. entered into an agreement that included the purchase of rail lines from Soo Line Railroad Company. Part of that agreement allocated responsibility for future environmental liabilities. Years later, contamination was discovered near one of those lines in Ashland, Wisconsin on the shore of Lake Superior. In Wisconsin Central Ltd. v. Soo Line Railroad Company, No. 19-3129, United States Court of Appeals For…
Some of the First Cases See the full video at https://rumble.com/vfgfo5-a-video-explaining-the-development-of-the-tort-of-bad-faith.html and at https://youtu.be/fm1Oaulr1v4 Comunale v. Traders & Gen. Ins. Co In Comunale v. Traders & Gen. Ins. Co., 50 Cal. 2d 654 (1958), the insurance company wrongfully refused to defend its insured who had been sued in the underlying action for damages arising out of an automobile accident. It also refused to conclude the suit after receiving an offer of settlement for about 25…
Silberg and Egan and Why There is a Tort of Bad Faith See the full video at https://rumble.com/vff3u7-a-video-discussing-some-of-the-cases-that-gave-birth-to-the-tort-of-bad-fai.html and at https://youtu.be/GlLMQaaQEOQ In Silberg v. California Life Ins. Co., 11 Cal. 3d 452 (1974), the insurer advertised an accident policy with the phrase “Protect Yourself Against the Medical Bills That Can Ruin You.” It issued an accident policy to Mr. Silberg. The policy excluded injuries covered by workers’ compensation. Silberg was injured while performing incidental services…
Evidence, or Clear Policy Wording About Audit Procedures, is Needed to Prove Right to Additional Premium Arch Specialty Insurance Company (“Arch” or “Plaintiff”) sued TDL Restoration, Inc. (“TDL” or “Defendant”), asserting claims for breach of contract, unjust enrichment, and account stated. Currently before the USDC is Plaintiff’s Motion for Summary Judgment on its breach of contract and account stated claims.  In Arch Specialty Insurance Company v. TDL Restoration, Inc., No. 18-CV-6712 (KMK), USDC, Southern District…