Bad Faith Set Up Fails
    Insured Who Refuses to Allow Insurer to Defend or Indemnify Has No Right Against Insurer Read the full article at https://lnkd.in/ggc7uNHA and at https://zalma.com/blog plus more than 4250 posts. It Takes Knowledge & Skill to Set-Up an Insurer for Bad Faith and an Excess Judgment Bad Faith Set-Up Suit FailsPosted on June 17, 2022 by Barry Zalma    Insured Who Refuses to Allow Insurer to Defend or Indemnify Has No Right Against InsurerIt Takes Knowledge & Skill to Set-Up an...
    By Barry Zalma 2022-06-17 13:15:16 0 21
    Reporting on an Accussation of Fraud is Immune from Suit
    Fair Report Privilege Protects Reports of Insurance Fraud Read the full article at https://lnkd.in/gqGZ88qd and at https://zalma.com/blog plus more than 4250 posts. Posted on June 8, 2022 by Barry Zalma I will not be posting for a week after this but you have available more than 4250 posts and more than 400 videos at rumble.com/zalma. Fox Television Stations, LLC (Fox), William Melugin, Daniel Leighton, and Kris Knutsen (collectively, the Fox defendants) appealed from orders denying their...
    By Barry Zalma 2022-06-08 12:50:18 0 54
    A Reefer Trailer is a Vehicle
    A Trailer Is Used To Transport, Which Is How Vehicles Are Commonly Defined And Understood and It Is Registered As A VehicleRead the full article at https://lnkd.in/g3FSRQvk and at https://zalma.com/blog plus more than 4250 posts.Kiolbassa Provision Company (“Kiolbassa”) operates a smoked meat business out of San Antonio, Texas, where it keeps its offices, production space, and a warehouse for storage. Given the nature of its business, Kiolbassa purchased an Equipment Breakdown...
    By Barry Zalma 2022-06-07 12:51:47 0 50
    Denial of Liability is not a Denial of Coverage
     No UM/UIM Coverage if Responsible Party is Insured Read the full article at https://lnkd.in/gTh6rAsK and at https://zalma.com/blog plus more than 2450 posts.       Why Did the Obvious Go to an Appeal? Juan Brambila appealed an order granting summary judgment in favor of Great West Casualty Company (“Great West”) in Great West’s action for a declaratory judgment determining the viability of Brambila’s uninsured-motorist claim. The appeal...
    By Barry Zalma 2022-06-06 12:54:11 0 36
    The Law of Unintended Consequences and the Tort of Bad Faith
    Insurance Contract Law Read the full article at https://lnkd.in/gFe2jYAk and see the full video at https://lnkd.in/gZKupNnu and at https://lnkd.in/gYX-tJQe and at https://zalma.com/blog plus more than 2450 posts. In a typical contract, one party has a duty to perform (construct a building, deliver goods, convey real estate, pay indemnity) and the other party has a duty to pay money or perform a task. Breach by the performer may take the form of nonperformance, defective performance, or delay...
    By Barry Zalma 2022-06-03 13:40:00 0 43
    Bad Faith & Damages
    Bad Faith & Damages & The Tort of Bad FaithRead the full article at https://lnkd.in/gryqi8qY and see the full video at https://lnkd.in/gw5YTy-b and at https://lnkd.in/g6YGD7-h and https://zalma.com/blog plus more than 4200 posts.In 1958 the California Supreme Court, with the best of intentions, changed centuries of contract law in Comunale v. Traders & General Insurance Company, 50 Cal. 2d 654, 328 P.2d 198 (Cal. 07/22/1958) and made an insurer’s breach of contract, under...
    By Barry Zalma 2022-06-02 13:51:49 0 52
    An Occurrence Can Include Intentional Acts for Damage not Intended
    Pollution Exclusion is Effective and Does not Make Policy Illusory Read the full article at https://lnkd.in/ggaC8r_p and at https://zalma.com/blog plus more than 4200 posts. In Employers Mutual Casualty Company v. Tiger Creek Development, Inc., David Erickson, and Cherry Pease, No. 4:21-CV-65 (CDL), United States District Court, M.D. Georgia, Columbus Division (May 25, 2022) the USDC was asked to determine whether Tiger Creek Development, Inc. and David Erickson’s liability insurance...
    By Barry Zalma 2022-06-01 12:47:44 0 38
    The Law of Unintended Consequences and Insurance
    The Business Of Insurance Is Subject To The Law Of Unintended Consequences As If It Were On Steroids Read the full article at https://lnkd.in/g-3X-Nux, see the full video at https://lnkd.in/gfDiTDTN and at https://lnkd.in/gMCuJrvm and at https://zalma.com/blog plus more than 4200 posts. The law of unintended consequences is not statutory. No state or federal government has enacted it into law. No executive has signed the law. It is, rather, a law of the nature of people. It is an adage or...
    By Barry Zalma 2022-05-27 13:11:28 0 53
    No Good Deed Goes Unpunished
    An Insurer Mistakenly Providing Benefits Does not Bind Insurer After it Discovers Error Read the full article at https://lnkd.in/gTXYemUe and at https://zalma.com/blog plus more than 4200 posts. Dymond Ottey sued Maya Assurance Company for a judgment declaring that the defendant is obligated to provide insurance coverage. Ottey appealed from an order of the Supreme Court, Queens County (Pam B. Jackman-Brown, J.), dated June 27, 2019. The order, insofar as appealed from, granted that branch of...
    By Barry Zalma 2022-05-27 12:30:38 0 50
    Health Insurance Fraud Convict Tries a Second Appeal
    Go Directly to Jail, Do not Pass Go, Again Read the full article at https://lnkd.in/g_e8brTZ and at https://zalma.com/blog plus more than 4200 posts. Douglas Moss, a convicted health insurance fraud perpetrator on his way to federal prison sought an in banc review of his trial and unsuccessful appeal that I reported on at https://zalma.com/blog/go-to-jail-go-directly-to-jail-do-not-pass-go/ Go Directly to Jail, Do not Pass Go, Again Posted on May 26, 2022 by Barry Zalma Douglas Moss, a...
    By Barry Zalma 2022-05-26 13:24:21 0 53
    Estoppel Cannot Create Insurance Coverage
    Lack of Bodily Injury, Personal Injury or Occurrence Bars Coverage Read the full article at https://lnkd.in/gK-3eQtY and at https://zalma.com/blog plus more than 4200 posts. Cambridge Mutual Fire Insurance Company (Cambridge) sued seeking a declaratory judgment that it did not owe Defendants Terry Gaca and Janet Waymen (collectively, “Defendants”) a duty to defend an underlying lawsuit under the terms of their insurance policy. Thomas J. Frederick sued in Illinois state court,...
    By Barry Zalma 2022-05-25 15:47:53 0 55
    Defense Lawyer Can't Bind Lawyer Who Hired Lawyer to Defend its Insured
    DEFENSE LAWYER HIRED BY INSURER DOES NOT BIND INSURER Read the full article at https://lnkd.in/g4sZvcXe and at https://zalma.com/blog plus more than 4200 posts. Comegys, an independent insurance agency, had an independent contractor relationship with Safeco. Comegys was allegedly negligent in procuring automobile insurance for one of its clients, Robert Smith. Comegys offered to settle (and did settle through the errors and omissions policy it had with Endurance) the potential negligence...
    By Barry Zalma 2022-05-24 13:07:11 0 55
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