Insurance Requires a Fortuitous Act   Available only to subscribers to Excellence in Claims Handling at Subscribe to “Excellence in Claims Handling” at https://barryzalma.substack.com/subscribe for only $5 a month or $50 a year. It includes the following: "In 1978, the California Supreme Court in Clemmer v. Hartford Insurance Co.71 dealt with a shooting that resulted in the death of the victim.   Regardless, it...

Insurance Litigants Should Never Play Games With Discovery Litigants Must Meet & Confer to an Impasse Before Bringing Discovery Disputes to Court Post 4889 PLAINTIFF ACTED INAPPROPRIATELY IN DISCOVERY DISPUTE Read the full article at https://lnkd.in/gvBm9r-d, see the full video at https://lnkd.in/gvEJDVak and at https://lnkd.in/gMFJgqUG and https://zalma.com/blog plus more than 4850 posts. In an insurance coverage action where Plaintiff alleged that Defendant breached its flood...

  Domestic Abuse Exception to Intentional Act ExclusionPost 4888 Read the full article at https://lnkd.in/greCfR_2, see the full video at https://lnkd.in/gjDDr7gS and at https://lnkd.in/gQh4rP7i and at https://zalma.com/blog plus more than 4850 posts. Brenda Welch owned a home in Lynnwood, and lived there throughout her marriage to David Morgan. The home was subject to a mortgage held by CitiMortgage Inc. During their marriage, Welch and her ex-husband David Morgan had one child...

  This is a partial part of the post and the full article is only available to subscribers. You can subscribe to “Excellence in Claims Handling” at https://barryzalma.substack.com/subscribe Barry Zalma In Federated Dep't Stores, Inc. v. Twin City Fire Ins. Co., 28 A.D.3d 32, 807 N.Y.S.2d 62 (2006), the First Department held that the insurer’s assumption of the defense without knowledge of the true facts was insufficient to stop the insurer from successfully...

THE COVENANT OF GOOD FAITH IS AN ETHICAL DOCTRINE Ethics and the Reservation of Rights Post 4867https://www.linkedin.com/pulse/covenant-good-faith-ethical-doctrine-barry-zalma-esq-cfe-mvcnf/ September 5, 2024 Posted on September 5, 2024 by Barry Zalma See the full video at and at An insurer that reserves its rights under a policy of An insurer that reserves its rights under a policy of insurance will usually raise a request by the insured for independent counsel. However, unless...

Insured Can’t Sit on a Lawsuit to Punish the DefendantPost 4866 Read the full article at https://lnkd.in/d6ej3NUh, shttps://lnkd.in/d6ej3NUh, and at https://zalma.com/blog plus more than 4850 posts. Almost every litigating lawyer has tried to get an appellate court to grant a writ of mandate to overturn an error or abuse by a trial court. Successful writs of mandate are as rare as a snowstorm in the Sahara. Regardless, Allstate Texas Lloyd’s (Allstate) tried by a petition...

An Appellate Court Will Not Change a Plea Contract INVITED ERROR MAKES SENTENCE REMAIN UNCHANGEDPost 4865 Read the full article at https://lnkd.in/gJj9f2wX, see the full video at https://lnkd.in/gE2GD2uw and at https://lnkd.in/gudz4RzA and https://zalma.com/blog plus more than 4850 posts. Travis Darrell Gentry pled guilty to insurance fraud by presenting to insurer or person false or altered statement material to insurance, Idaho Code § 41-293(1)(c). Pursuant to a plea...

THE ART OF ADJUSTING PODCAST WITH BARRY ZALMA Read the full article at https://www.linkedin.com/pulse/go-my-interview-art-adjusting-podcast-barry-zalma-esq-cfe-afkbc and at https://zalma.com/blog, and https://youtu.be/SSRT6wnJih4?list=PLlT0OplvuGo04nAni7oOuPDEn3ebKaDTC THE ART OF ADJUSTING PODCAST WITH BARRY ZALMA In this episode, Chantal Roberts and William Auten welcome Barry Zalma, a seasoned insurance industry professional with over 56 years of experience. The trio discusses the...

Actual Notice of Cancellation Effective Cashing Refund Check is Evidence of Receipt of Notice of CancellationPost 4863 Read the full article at https://lnkd.in/g_Mjh4Qq, see the full video at https://lnkd.in/gztgGHti and at https://lnkd.in/gZ-MBvhJ and at https://zalma.com/blog plus more than 4850 posts. The Supreme Court of North Carolina considered whether Nationwide effectively canceled plaintiffs’ fire insurance policy before their house burned down. Almost two months...

Convicted of a Variety of Fraud Schemes Including Insurance Fraud Defendant Moved for Acquittal and New TrialPost 4863 Read the full article at https://lnkd.in/gRp7qaSV, see the full video at https://lnkd.in/gfRvh_z6 and at https://lnkd.in/gv53E37K and at https://zalma.com/blog plus more than 4850 posts. Defendant Chiagoziem Kizito Okeke (“Okeke”) was charged with two counts: conspiracy to commit wire fraud and conspiracy to commit money laundering. He was convicted by a...

Defendant Must Pay $46 Million Restitution in InstallmentsPost 4863 Read the full article at https://lnkd.in/ggUkdWJ9, see the full video at https://lnkd.in/gE64qEpV and at https://lnkd.in/gTAzhu8q, and at https://zalma.com/blog plus more than 4850 posts. On November 1,2023, Defendant Roman Israilov pled guilty to conspiracy to commit healthcare fraud and aggravated identity theft in connection with a long-running no-fault insurance fraud scheme. On May 23, 2024, the USDC sentenced...

Although a Doctor is a Professional The Doctor is not a LawyerPost 4862 Read the full article at https://lnkd.in/gPNMyrtJ, see the full video at https://lnkd.in/gPtpvAi6 and at https://lnkd.in/gQxUTxku, and https://zalma.com/blog plus more than 4850 posts. Dr. Megan Rust appealed acting as her own attorney from the district court’s summary judgment in favor of Defendant-Appellee Laboratory Corporation of America Holdings (Labcorp) in her action alleging five California state-law...