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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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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Two Important Exclusions
A Video Explaining Wear and Tear and Inherent Vice
Read the full article at...
THE COVENANT OF GOOD FAITH IS AN ETHICAL DOCTRINE
THE COVENANT OF GOOD FAITH IS AN ETHICAL DOCTRINE
Ethics and the Reservation of Rights...