Other
    Federal Jurisdiction
    Federal Jurisdiction Requires a Federal Issue Contract Interpretation is a Matter of State Law Post 4918 Read the full article at https://www.linkedin.com/pulse/federal-jurisdiction-requires-issue-barry-zalma-esq-cfe-xudpc, see the full video at https://rumble.com/v5jxznx-federal-jurisdiction-requires-a-federal-issue.html and at https://youtu.be/Blh_2tALXVE and at https://zalma.com/blog plus more than 4900 posts. Lititz Mutual Insurance Company sought a declaratory judgment that it...
    By Barry Zalma 2024-10-25 12:36:54 0 673
    Other
    Policy Wording Must Limit Appraisal to Quantum Only
    Policy Wording Must Limit Appraisal to Quantum Only USDC CONCLUDES APPRAISAL CAN CONSIDER CAUSATION IN OHIO Post 4917 Read the full article at https://www.linkedin.com/pulse/policy-wording-must-limit-appraisal-quantum-only-zalma-esq-cfe-1klyf, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Defendant State Farm Fire and Casualty Company (“State Farm”) issued a homeowners insurance policy to Plaintiff Sharon Marie Rogers...
    By Barry Zalma 2024-10-24 12:53:02 0 670
    Other
    Failure to Plead
    Failure to Plead an Identifiable Theory of Liability Requires Dismissal When Insurer Settles Claim Against Insured for Less Than Policy Limits it Fulfills its Obligations Under the PolicyPost 4916 Read the full article at https://lnkd.in/gHuD6iUt, see the full video at https://lnkd.in/gnUkfHjP and at https://lnkd.in/gabuJACD and at https://zalma.com/blog plus more than 4900 posts. Raymond Kvalvog challenged the dismissal of his claims against his insurer, Secura Supreme Insurance...
    By Barry Zalma 2024-10-23 12:47:20 0 628
    Other
    Excellence in Claims Handling
    Misrepresentation by Insurer and/or AgentPosted on October 22, 2024 by Barry ZalmaThe Rights of the Insured & Insurer Deceived by Agent or BrokerSubscribe: https://barryzalma.substack.com/publish/post/%%checkout_url%% Insurance brokers, who represent the insured to transact insurance with, but not on behalf of, an insurer, often will try to make the process easy for the insured by filling out the application before asking the insured to sign it. It is a practice fraught with danger that...
    By Barry Zalma 2024-10-22 21:01:17 0 670
    Other
    UM/UIM Coverage Requires Accident With a “Motor Vehicle”
    UM/UIM Coverage Requires Accident With a “Motor Vehicle” When a UTV is not a Motor Vehicle Post 4915 See the full video at https://rumble.com/v5jjnc5-umuim-coverage-requires-accident-with-a-motor-vehicle.html and at https://youtu.be/FjWX4e8Nv7g In Shaun and Jennifer Lopez, et al v. Erie Insurance, No. 23-ICA-338, West Virginia Intermediate Court of Appeals (October 16, 2024) agreed that a UTV is not a "motor vehicle." FACTUAL BACKGROUND The petitioners, Shaun and...
    By Barry Zalma 2024-10-22 13:00:27 1 721
    Other
    Forged Referral Defeats Claim Against No Fault Insurer
    Forged Referral Defeats Claim Against No Fault Insurer “I Didn’t Know the Gun Was Loaded” Claim Didn’t Work With Fraud Attempt Post 4915 Read the full article at https://www.linkedin.com/pulse/forged-referral-defeats-claim-against-fault-insurer-zalma-esq-cfe-9ggyc, See the full video at and at and https://zalma.com/blog plus more than 4900 posts. In a first-party personal injury protection (PIP) benefits claim plaintiff appealed the trial court’s order...
    By Barry Zalma 2024-10-21 13:05:07 0 678
    Other
    Res Judicata Foils FOIA Demand
    Res Judicata Foils FOIA Demand Convicted Medical Fraud Felon Sought Second Disclosure of FBI Records Read the full article at https://www.linkedin.com/pulse/res-judicata-foils-foia-demand-barry-zalma-esq-cfe-utf9c, see full video at and at and at https://zalma.com/blog plus more than 4900 posts. Serving Time in Prison Doesn’t Give Fraudster Right to FBI Records, Post 4914 The United States Department of Justice Federal Bureau of Investigation’s moved to dismiss...
    By Barry Zalma 2024-10-18 12:47:46 0 745
    Other
    Hit & Run and False Accident Report Punished
    Hit & Run and False Accident Report Punished Two Different Acts of Insurance Fraud May Be Sentenced Separately Post 4913 It’s Not Nice to Lie to Your Insurance Company Posted on October 17, 2024 by Barry Zalma Read the full article at https://www.linkedin.com/pulse/hit-run-false-accident-report-punished-barry-zalma-esq-cfe-mtksc, see full video at and at and at https://zalma.com/blog plus more than 4900 posts. Melissa Brewer appealed the judgment entered after a jury...
    By Barry Zalma 2024-10-17 12:50:35 0 848
    Other
    Liability Insurer Has Sole Right to Settle Suits Against Insured
    Insurer’s Reports to Insurance Support Organization is Privileged Read the full article at https://lnkd.in/g-9uHEeK, see full video at https://lnkd.in/g_VivpdY and at https://lnkd.in/gNgikU9P, and at https://zalma.com/blog, plus more than 4900 posts. Post 4912 Allstate Northbrook Indemnity Company (“Allstate”) moved for Judgment on the Pleadings. Plaintiff Zhiwei Chen (“Plaintiff”) opposed and Allstate filed a Reply. After considering the moving,...
    By Barry Zalma 2024-10-16 13:06:23 0 755
    Other
    Zalma’s Insurance Fraud Letter – October 15, 2024
    Zalma’s Insurance Fraud Letter – October 15, 2024 ZIFL – Volume 28 Number 20 Read the full article at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-october-15-2024-barry-zalma-esq-cfe-uyyxc, see the full video at at and at https://zalma.com/blog plus more than 4900 posts and Read the full article and the full issue of ZIFL in Adobe pdf format at https://zalma.com/blog/wp-content/uploads/2024/10/ZIFL-10-15-2024.pdf. Post 4911 Read the full issue of...
    By Barry Zalma 2024-10-15 13:03:33 0 731
    Other
    Perjury by Witness is a Superseding Cause of Injury
    Summary Judgment for Lawyers Sued for Malpractice ReversedPost 4910 Read the full article at https://lnkd.in/gddZ4P4g, see the full video at https://lnkd.in/gpVMqxu7 and at https://lnkd.in/g2nA2HB2 and at https://zalma.com/blog plus more than 4900 posts. In GMG Insurance Agency v. Margolis Edelstein, No. 213,2023, Supreme Court of Delaware (October 8, 2024) reversed summary judgment in favor of lawyers faced with a claim of professional negligence relating to legal services provided...
    By Barry Zalma 2024-10-14 13:07:38 0 813
    Other
    Fifth Amendment Applies in Civil Case
    Fifth Amendment Applies in Civil Case Fifth Amendment Protects Drunk Driver & Bars Where He Drank Post 4909 Read the full article at https://www.linkedin.com/pulse/fifth-amendment-applies-civil-case-barry-zalma-esq-cfe-cfvyc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Plaintiffs sued Taylor Brock Peters for injuries they sustained when his vehicle rear-ended theirs. Peters was also charged with the crime of intoxication assault. During...
    By Barry Zalma 2024-10-11 12:55:01 0 681
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