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Barry Zalma

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2020-11-20 16:47:07 -

A Primer on Rescission
The Insurance Advocate Cover Story Read the full article at https://www.linkedin.com/pulse/primer-rescission-barry-zalma-esq-cfe; and at https://www.insurance-advocate.com/2020/10/07/primer-rescission-of-insurance and at https://zalma.com/blog plus more than 3450 posts. Primer: Rescission of Insurance The article starts out as follows: An insurance policy is nothing more than a contract....

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Barry Zalma

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2021-05-12 13:20:43 -

A Video Explaining the Care Needed for Rescission of Insurance
Rescission is an Important Remedy to Avoid Fraud Read the full article at https://www.linkedin.com/pulse/video-care-needed-elect-rescission-barry-zalma-esq-cfe and see the full video at https://rumble.com/vgvbcz-a-video-about-care-needed-to-elect-rescission.html?mref=6zof&mrefc=2 and at https://youtu.be/w4svt_3v-64 and at https://zalma.com/blog plus more than 3700 posts. Never Rescind a...

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Barry Zalma

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2021-04-23 13:09:10 -

A Video Explaining the Marine Rule and the Rescission of Insurance
The Marine Rule Read the full article at https://www.linkedin.com/pulse/video-explaining-marine-rule-rescission-insurance-zalma-esq-cfe and see the full video at https://rumble.com/vfy5av-a-video-explaining-the-marine-rule-and-rescission-of-insurance.html and at https://youtu.be/FjBJNKsg2Fg and at https://zalma.com/blog plus more than 3700 posts. In some states, even if the false...

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Barry Zalma

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2020-11-27 13:56:42 -

A Video on the Equitable Remedy of Rescission
A Video Explaining Some Appellate Decisions on the Equitable Remedy of Rescission Read the full article at https://www.linkedin.com/pulse/video-explaining-some-appellate-decisions-equitable-zalma-esq-cfe and see the full video at https://youtu.be/VCvRj0DsWoo and at https://zalma.com/blog plus more than 3500 posts. Resure, Inc. v. Superior Court In Resure, Inc. v. Superior Court, 42 Cal.App.4th...

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Barry Zalma

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2023-09-14 13:48:15 -

Arson for Profit Scheme Defeated by Rescission
Arson for Profit Scheme Defeated by Rescission Read the full article at https://lnkd.in/gxsGUMct and see the full video at https://lnkd.in/gibQWpuE and at https://lnkd.in/gYXJT9-2 and at https://zalma.com/blog plus more than 4600 posts. Rescission of Insurance for Innocent Misrepresentation of Material Facts Evidence of Arson Not Needed to Defeat Arson-for-Profit Back in 2001 I...

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Barry Zalma

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2021-02-04 13:38:18 -

Canada's Unique View on Rescission of Insurance
Misrepresentation About Prior Non-Renewal & Concealment of Prior Claims Can Void Coverage Read the full article at https://www.linkedin.com/pulse/canadian-court-appeal-enforces-uberrimae-fidei-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3550 posts. After a summary trial, the appellant, BCAA Insurance Corporation (“BCAA”), was found liable under a...

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Barry Zalma

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2020-11-25 13:46:28 -

Covenant of Good Faith Requires Rescission of Life Policy in Nevada
Material Misrepresentations on Life Insurance Application Requires Rescission Read the full article at https://www.linkedin.com/pulse/covenant-good-faith-requires-insured-honestly-report-barry and at https://zalma.com/blog plus more than 3450 posts. Howard Tenzer (Howard) appealed from the district court’s grant of summary judgment in favor of Minnesota Life Insurance (Minnesota Life) in...

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Barry Zalma

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2022-01-10 14:45:57 -

Federal Court Keeps Rescission Case
Material Misrepresentation on Application for Insurance Supports Rescission Read the full article at https://www.linkedin.com/pulse/federal-court-retains-jurisdiction-rescission-case-zalma-esq-cfe and at https://zalma.com/blog plus more than 4000 posts. Karen Macko (“Mrs. Macko”) and William Stephen Mackos (“Mr. Macko”) (together, the “Mackos”) moved the...

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Barry Zalma

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2023-06-26 13:27:08 -

Fraud in Inception is Ground for Rescission
No Restitution from Defrauded Insurer Read the full article at https://lnkd.in/gvYc94Hm and see the full video at https://lnkd.in/gQ8h-fdM and at https://lnkd.in/gs5pWS4G and at https://zalma.com/blog plus more than 4550 posts. Esurance Property & Casualty Insurance Company (Esurance) appealed the trial court's order granting summary disposition in favor of Nationwide Mutual Fire Insurance...

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Barry Zalma

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2022-02-04 14:03:22 -

Michigan Balances Equities Even With Mutual Rescission
Mutual Rescission May be Eliminated by a Balance of Equities Read the full article at https://lnkd.in/gp7NezxP and at https://zalma.com/blog plus more than 4050 posts. Michigan Allows Rescission for Fraud to be Avoided if Injured Party is Innocent Michigan Automobile Insurance Placement Facility (MAIPF) appealed an unpublished order of the Court of Appeals where the trial court ordered...

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Barry Zalma

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2022-06-22 13:03:28 -

A Policy Rescinded Never Existed
Monies Paid on a Claim Before Rescission Ordered Must be Returned to the Insurer Read the full article at https://lnkd.in/gYzeFauZ and at https://zalma.com/blog plus more than 4250 posts. In Tanesha Taybron v. Liberty Mutual Personal Insurance Company, No. 20-10925, United States District Court, E.D. Michigan, Southern Division (May 19, 2022) the USDC resolved claims by...

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Barry Zalma

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2021-12-08 14:21:34 -

A Video Explaining Grounds for Denying a Claim
Misrepresentation or Concealment of a Material FactRead the full article at https://lnkd.in/gpMenJax and see the full video at https://lnkd.in/gKKucQyc and at https://lnkd.in/gxn2iN7A and at https://zalma.com/blog plus more than 4000 posts. To constitute fraud, an insured must have concealed or misrepresented a material fact with the intention of inducing an insurer to pay a claim it would not,...

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Barry Zalma

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2021-02-23 13:47:20 -

A Video Explaining the Breach of Warranty and Voidance of Insurance
Breach of Warranty Can Cause a Policy to be Void Read the full article at https://www.linkedin.com/pulse/video-explaining-voiding-insurance-policy-breach-zalma-esq-cfe and see the full video at https://rumble.com/ve2pxt-a-video-explaining-voiding-an-insurance-policy-for-breach-of-warranty.html and at https://youtu.be/XsZf5_u4wZM and at https://zalma.com/blog plus more than 3600 posts. A...

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Barry Zalma

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2023-12-04 14:14:54 -

Chutzpah: Criminal Seeks Disability Because his Crime was Discovered and Prosecuted
Chutzpah: Criminal Seeks Disability Because his Crime was Discovered and Prosecuted Read the full article at https://lnkd.in/ghZbxkrG and shttps://lnkd.in/g7H8MB-k and at https://zalma.com/blog plus more than 4650 posts. Claim of Disability Because of Stress of Arrest & Conviction Fails Post 4681 See the full video at...

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Barry Zalma

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2024-07-11 13:26:05 -

Common Law Right Eliminated by Statute
Common Law Right Eliminated by Statute No Right to Rescind Workers’ Compensation in Mississippi Post 4831 Read the full article at https://lnkd.in/g3sf4v5f; see the full video at https://lnkd.in/giTV6SEa and at https://lnkd.in/g3fFfbbv and https://zalma.com/blog plus more than 4800 posts. The Supreme Court of Mississippi answered in the negative the inquiry from the United...

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