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Showing episodes and shows of
Barry Zalma
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Zalma on Insurance
Zalma's Insurance Fraud Letter - May 15, 2024
ZIFL-05-15-2024Subscribe to ZIFL Here Post 4801 Read the full 23 page issue here in Adobe pdf format. See the full video at https://rumble.com/v4v566z-zalmas-insurance-fraud-letter-may-15-2024.html and at https://youtu.be/r7TbELn-Si0 Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the fo...
2024-05-20
10 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - February 15, 2024
ZIFL Volume 28, Issue 4 The Source for the Insurance Fraud Professional Subscribe here: Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ The current issue can be read in full at http://zalma.com/blog/wp-content/uploads/2024/02/ZIFL-02-15-2024.pdf and includes the following articles: Do the Crime, Serve the Time Chutzpah: After Pleading Guilty Fraudster Tri...
2024-02-15
11 min
Zalma on Insurance
Zalma's Insurance Fraud Letter February 1, 2024
ZIFL Volume 28 Issue 3 Post 4726Subscribe AT https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ The current issue can be read in...
2024-02-09
08 min
Zalma on Insurance
Zalma's Insurance Fraud Letter February 1, 2024
ZIFL Volume 28 Issue 3 Post 4726Subscribe AT https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ The current issue can be read in...
2024-02-01
08 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - January 15, 2024
ZIFL Volume 28, Issue 2 Read the full January 15, 2024 issue of ZIFL at http://zalma.com/blog/wp-content/uploads/2024/01/ZIFL-01-15-2024.pdf Subscribe here: https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D Zalma’s Insurance Fraud Letter (ZIFL) continues its 28th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to...
2024-01-18
08 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – January 2, 2024
Zalma’s Insurance Fraud Letter (ZIFL) continues its 25th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ FREE subscriptions are provided to clients and friends of Barry Zalma, Inc., clients of ClaimSchool, Inc. Please feel free to forward ZIFL to anyone you know engaged in the efforts to reduce fraud. If you want to be on the free mailing list as...
2024-01-02
11 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - December 15, 2023
Zalma's Insurance Fraud Letter - December 15, 2023 Merry Christmas, Happy Hanukah, and May the Winter Solstice be Peaceful & Mild --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2023-12-18
10 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - December 1, 2023
ZIFL - Volume 27 Issue 23 The Resource for the Insurance Claims and Insurance Fraud Professionals This, the 22nd issue of the 27th Year of ZIFL includes articles and reports relating to insurance fraud, including: Some Red Flags of Insurance Fraud Over the last two centuries insurers, insurance investigators, Special Investigative Unit Investigators, insurance lawyers, and insurance management have developed lists of indicators of potential insurance fraud. The indicators are known as the Red Flags of Fraud and are used to determine if it is necessary to begin a thorough investigation of an insurance claim to determine if a fraud is...
2023-12-05
12 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - October 15, 2023
ZIFL Volume 27, Issue 20 This, the twentieth issue of the 27th year of publication Zalma’s Insurance Fraud Letter provides multiple articles on how to deal with insurance fraud in the United States. Man Bites Dog: GEICO Bites Fraudsters Don’t Ty to Defraud GEICO It Bites Back GEICO (collectively, “GEICO” or “Plaintiffs”) sued Defendants ALP Supply, Inc. (“ALP”), PV Supply, Inc. (“PV”), and Pal Vakula, alleging common law fraud and unjust enrichment claims. Read the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2023/10/ZIFL-10-15-2023.pdf McClenny Moseley & Associates Issues This is ZIFL’s sixteenth installment of the sag...
2023-10-16
11 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – October 1, 2023
ZIFL – Volume 27, Issue 19, October 1, 2023 This, the nineteenth issue of the 27th year of publication Zalma’s Insurance Fraud Letter provides multiple articles on how to deal with insurance fraud in the United States. Zalma’s Insurance Fraud Letter – October 1, 2023Volume 27, Issue 19, October 1, 2023Barry ZalmaOct 2, 2023 Share Leave a comment Read the full article at https://lnkd.in/gSwZcFtw, see the full video at https://lnkd.in/geXk8tvN and at https://lnkd.in/gyWx2-zm, Read the full article and the full 22 pages of ZIFL at https://lnkd.in...
2023-10-04
09 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter - September 15, 2023
ZIFL Volume 27, Number 18 https://zalma.com/blog --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2023-09-18
10 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - September 1, 2023
ZIFL - 9/1/2023 - Volume 27, Issue 17 This, the seventeenth issue of the 27th year of publication Zalma’s Insurance Fraud Letter provides multiple articles on how to deal with insurance fraud in the United States. The issue begins with: Subscribe to Zalma's Insurance Fraud Letter The Source for Insurance Fraud Professional Allstate’s Qui Tam Actions Work to Take the Profit Out of Fraud Man Bites Dog Story – Allstate May Sue on Behalf of State for Insurance Fraud Allstate Insurance Company and several of its affiliates (collectively, Allstate) brought qui tam actions on behalf of the State of California alleging insura...
2023-09-04
10 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - August 15, 2023
Issue 27 Number 16: ZIFL-08-15-2023 See the full video at and at https://youtu.be/x0EJFKVdjwQ Lawyer Paying for Clients Guilty Experienced Lawyer Claiming Ignorance of Law Is No Defense Robert Irving Slater was a practicing worker’s compensation attorney when he entered into an agreement that cost him his freedom. Read the full article and the full ZIFL at http://zalma.com/blog/wp-content/uploads/2023/08/ZIFL-08-15-2023-1.pdf More McClenny Moseley & Associates Issues This is ZIFL’s Twelfth installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in th...
2023-08-15
09 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - August 1, 2023
ZIFL - 08/01/2023 https://zalma.com/blog --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2023-08-03
11 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - June 15, 2023
ZIFL - 6-15-2023 - Volume 27, Issue 12 The Source For Insurance Fraud Professionals This, the Twelfth issue of the 27th year of publication Zalma’s Insurance Fraud Letter provides multiple articles on how to deal with insurance fraud in the United States. The issue begins with: Restitution Order Can’t Be Discharged in Bankruptcy After Frayba Tipton and William Tipton pled guilty to committing insurance fraud, they were ordered to pay victim restitution to Nationwide Insurance Company of America (Nationwide). The trial court granted Nationwide’s petition and entered civil judgments against the defendants. In Nationwide Insurance Company Of Americ...
2023-06-16
08 min
Zalma on Insurance
Zalma's Insurance Fraud Letter June 1, 2023
The publication for insurance fraud professionals. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2023-06-05
08 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - May 1, 2023
ZIFL 05-01-2023, Volume 27 Issue 9 Restitution Required John James Succi appealed pro se from the order dismissing his “Motion to Vacate Restitution/Sentencing.” In Commonwealth Of Pennsylvania v. John James Succi, No. 229 EDA 2022, No. J-S22022-22, Superior Court of Pennsylvania (February 28, 2023) the Superior Court gave consideration to the pro se motions of the convicted felon and ordered him to make restitution. Victims of crime must make certain that the state prosecutor, after convicting the criminal, like Succi, must demand restitution. The victims did so in this case and the prosecutor effectively obtained, at sentencing, an order of restitution. Succi, sent...
2023-05-01
11 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - April 15, 2023
ZIFL - Volume 27, Issue 8 - The Source For Insurance Fraud Professionals Obesity, Diabetes and Covid Not Basis For Compassionate Release The US Congress, feeling sorry for federal prisoners, amended the law to create The First Step Act to allow a District Court to shorten a sentence when there exist extraordinary and compelling reasons to release the Prisoner. Read the full issue of ZIFL-04-15-2023 at http://zalma.com/blog/wp-content/uploads/2023/04/ZIFL-04-15-2023-1.pdf The Special Investigative Unit Investigator The experienced claims investigator is usually a part of, or vendor to, a Special Investigative Unit (SIU) s...
2023-04-14
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - April 1, 202
ZIFL Volume 27, Issue 7 The Source For Insurance Fraud professionals https://zalma.com/blog --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2023-04-07
12 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - March 1, 2023
ZIFL Volume 27, Issue Number 5 Read the full text of ZIFL at http://zalma.com/blog/wp-content/uplo.... McClenny Moseley & Associates & Insurance Fraud The McClenny Moseley & Associates (MMA) series of lawsuits, court hearings and insurance department actions have brought about some very serious problems for MMA, including court orders, lawsuit dismissals, administrative cease and desist orders and litigation, all of which have created a poster child for Zalma’s Insurance Fraud Letter. Since MMA has admitted that it reported a claim to various insurers, including Allied Insurance, that it was presenting claims against Allied and at least...
2023-03-07
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - January 15, 2023
ZIFL - Volume 27, Issue 2 - The Source For Insurance Fraud Professionals --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2023-01-19
12 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - January 1, 2023
ZIFL January 1, 2023 - Volume 27, Issue 1 The Source for the Insurance Fraud Professional Starting the 27th year of publication of Zalma's Insurance Fraud Letter, ClaimSchool, Inc., Barry Zalma and the Zalma family wish you a happy and prosperous new year. Read the full pdf version of ZIFL at http://zalma.com/blog/wp-content/uploads/2022/12/ZIFL-01-01-2023.pdf New Florida Statutes The state of Florida proposed new statute to make insurance and insurance claims more fair is over 105 pages available at https://www.flsenate.gov/Session/Bill/2022A/2A/BillText/er/PDF. Lawmakers in Florida passed legislatio...
2023-01-02
13 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - December 15, 2022
ZIFL Volume 26 Number 24 Merry Christmas, Happy Hanukah & May The Winter Solstice be Peaceful & Mild Read the full Newsletter http://zalma.com/blog/wp-content/uploads/2022/12/ZIFL-12-15-2022-1.pdf. A Christmas Fable of Fraud ZIFL Publishes This Story At Christmas Time Every Year. I Hope You Like It Again. The story that follows is fiction based, in part, on a true case worked on by me. Any similarity to real people is unintentional. It is meant only to educate fraud professionals about how some unscrupulous people use the crime of insurance fraud for...
2022-12-15
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - December 1, 2022
ZIFL Volume 26, Issue 23 The December 1, 2022 issue contains articles and reports of insurance fraud convictions for every insurance claims professional, SIU investigators and everyone interested in the efforts to defeat or deter insurance fraud. The December 1, 2022 issue includes: It Doesn't Pay to Try to Cheat Your Insurance Company Sigismondi Foreign Car Specialists, Inc. appealed the U. S. District Court's summary judgment in favor of State Auto Property and Casualty Insurance Company on State Auto's declaratory judgment action and statutory insurance fraud claim. In State Auto Property And Casualty Insurance Company v. Sigismondi Foreign Car Specialists...
2022-12-01
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - November 1, 2022
ZIFL - Volume 26 Issue 21 In this the 21st issue of the 26th year of publication of Zalma's Insurance Fraud Letter you will find articles that discuss the following insurance fraud issues: When an Insured Lies to his Insurer the Claim May Be Denied In Cesar Benitez v. Universal Property And Casualty Insurance Company, No. 4D21-3281, Florida Court of Appeals, Fourth District (October 12, 2022) Cesar Benitez appealed the trial court’s entry of final summary judgment in favor of Universal Property and Casualty Insurance Company (“Insurer”) in a first-party property insurance dispute over a water damage claim. In his a...
2022-11-01
11 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - 10-15-2022
ZIFL - 10/15/2022 available at http://zalma.com/blog/wp-content/uploads/2022/10/ZIFL-10-15-2022-1.pdf Short teases about the articles in this issue can be read at ZIFL-10-15-2022 Ethics & Insurance Fraud Insurance fraud is a crime in most jurisdictions. In California it is a felony subject to five years in prison upon conviction. By definition a person who commits the crime of insurance fraud is not acting ethically. In State v. Whitaker, 175 P.3d 136, 117 Hawai'i 26 (Haw. App. 12/31/2007) Whitaker, after presenting a claim to his insurer, was indicted, convicted, and sentenced for Insurance Fraud in violation...
2022-10-14
10 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - October 1, 2022
ZIFL - Volume 26 Issue 19 Read the full issue at http://zalma.com/blog/wp-content/uploads/2022/09/ZIFL-10-01-2022-1.pdf Insurer Proactive Against Fraud CIGNA Obtains $14,371,384.95 Judgment Against Fraudulent Health Care Provider Since police, prosecutors and state insurance fraud investigators are seldom willing to arrest or prosecute insurance fraud perpetrators it is necessary for insurers to be proactive and sue those who attempt or succeed in defrauding insurers. In Connecticut General Life Insurance Company and CIGNA Health And Life Insurance Company v. Mike Ogbebor and Stafford Renal LLC, No. 3:21-cv-00954 (JAM), United States District Court, D. C...
2022-09-30
11 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - Volume 26, Issue 17 - September 1, 2022
A site for the insurance claims professional and anyone who wants to know something about insurance, insurance claims, insurance fraud, insurance coverage, and insurance law. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2022-09-05
13 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - July 15, 2022
ZIFL – Volume 26, Number 14 THE COURTS ARE BACK CONVICTING FRAUD PERPETRATORS WITH VIGOR – READ ABOUT THE CONVICTIONS IN THIS ISSUE OF ZIFL! The July 15, 2022 issue contains articles available FREE at Subscribe to e-mail Version of ZIFL, it’s Free! Greg Lindberg Gets a New Trial Jury Instruction Misled Jury by stating that an “Official Act” Existed as a Matter of Law Greg E. Lindberg and John D. Gray were convicted of honest services fraud and federal funds bribery in connection with a series of payments and offers of payment, in the form of campaign con...
2022-07-19
10 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - July 15, 2022
ZIFL – Volume 26, Number 14 THE COURTS ARE BACK CONVICTING FRAUD PERPETRATORS WITH VIGOR – READ ABOUT THE CONVICTIONS IN THIS ISSUE OF ZIFL! The July 15, 2022 issue contains articles available FREE at Subscribe to e-mail Version of ZIFL, it’s Free! and Read last two issues of ZIFL here. Greg Lindberg Gets a New Trial Jury Instruction Misled Jury by stating that an “Official Act” Existed as a Matter of Law Greg E. Lindberg and John D. Gray were convicted of honest services fraud and federal funds bribery in connection with a series of payments and offers of payment, in the form o...
2022-07-15
10 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - July 1, 2022
ZIFL Volume 26 Number 13 ZIFL-07-01-2022. The July 1, 2022 issue of Zalma's Insurance Fraud Letter you will be able to read the full text of articles including: Bases for Rescission Rescission Is an Equitable Remedy First Created in The Ecclesiastical Courts of Elizabethan England. When the United States was conceived in 1776 the founders were concerned with protecting their rights under British common law. Common Law is a form of law developed by judges through tribunals and decisions of courts rather than executive branch action and legislative statutes. Following the common law tradition, legal principles were referred to ...
2022-07-01
08 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - June 1, 2022
Zalma’s Insurance Fraud Letter A ClaimSchool™ Publication © 2022, Barry Zalma & ClaimSchool, Inc., Go to my blog & Videos at: Zalma on Insurance, and at https://zalma.com/blog The full issue in Adobe .pdf format is available here. The following are summaries of some of the articles that can be found in the current issue. Allianz Subsidiary Pleads Guilty to Defrauding Investors Prosecutors Also Brought Charges Against Three Former Allianz Employees, With Two Agreeing to Plead Guilty One of Allianz SE’s ALIZF investing divisions pleaded guilty to securities fraud and agreed to pay about $6 billion in penalties and r...
2022-06-02
12 min
Zalma on Insurance
Disaster Scum
True Crime of Insurance Fraud Number 37 Barry Zalma, Esq., CFE presents videos so you can learn how insurance fraud is perpetrated and what is necessary to deter or defeat insurance fraud. This Video Blog of True Crime Stories of Insurance Fraud with the names and places changed to protect the guilty are all based upon investigations conducted by me and fictionalized to create a learning environment for claims personnel, SIU investigators, insurers, police, and lawyers better understand insurance fraud and weapons that can be used to deter or defeat a fraudulent insurance claim. Disasters bring out the b...
2022-03-16
09 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - February 15, 2022
Volume 26, Issue 4 – February 15, 2022 Go to Barry Zalma videos at Rumble.com at https://rumble.com/zalma A ClaimSchool™ Publication © 2022 Barry Zalma & ClaimSchool, Inc. Go to my blog & Videos at: Zalma on Insurance And at https://zalma.com/blog Go to the Insurance Claims Library Listen to the Podcast: Zalma on Insurance Videos from Zalma on Insurance Subscribe to Barry Zalma on Substack.com Go Directly to Jail, Do Not Pass Go Chutzpah: Convicted of Insurance Fraud Appeals to Avoid Going to Jail Tarek Abou-Khatwa appealed his conviction of a complex, multi-yea...
2022-02-15
11 min
Zalma on Insurance
True Crime Stories About How Insurance Fraud Costs Everyone
Fictionalized True Crime Stories of Insurance Fraud from an Expert https://zalma.com/blog Barry Zalma presents fictionalized True Crime Stories of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The stories help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime. This book started as a collection of columns I wrote and published in the magazines “I...
2022-01-18
14 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - January 1, 2022
Zalma's Insurance Fraud Letter Volume 26 Issue 1 https://zalma.com/blog The first issue of the twenty sixth year of publication is available as an Adobe .pdf document at with this issue and the December 15, 2021 issues of ZIFL here. The issue includes the following articles but you must go here to read the full articles and the full 24 page issue of Zalma's Insurance fraud Letter. State Farm & Allstate Fight Fraudsters With Qui Tam Suits It Is Essential That Insurers Are Proactive Against Insurance Fraud Insurance companies are the victims of billions of dollars e...
2022-01-03
18 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - December 1, 2021
ZIFL - Volume 25, Number 23 The full .pdf version is available here. Admitted Crop Insurance Fraud Perpetrator Tries to ZIFL-12-01-2021 Limit Restitution Crooked Farmer Goes to Jail and Must Pay $2.5 Million in Restitution Defendant Ronnie Jolly pleaded guilty to crop insurance fraud, money laundering, and conspiring to defraud the United States and to commit mail or wire fraud. The Government sought restitution of monies paid by the crop insurance program and Jolly moved to avoid or limit the orders of restitution. In United States of America v. Ronnie Jolly, CRIMINAL No. 5:18-32...
2021-12-01
18 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - November 1, 2021
Description of Zalma’s Insurance Fraud Letter https://zalma.com/blog Volume 25 Number 21 The Reason for the Examination Under Oath Courts that construe submission to an EUO as a condition precedent to recovery generally do not require the insurer to prove that it suffered actual prejudice from an insured's unexcused refusal to submit to an examination. Lorenzo–Martinez v. Safety Ins. Co., 58 Mass. App. Ct. 359, 790 N.E.2d 692, 695–96 (2003). The EUO provides a mechanism for the insurer to corroborate the claim by obtaining information that is primarily or exclusively within the possession of the insured. The ad...
2021-11-01
12 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – October 15, 2021
Zalma’s Insurance Fraud Letter Volume 25, Number 20 https://zalma.com/blog Criminal Caused Suit on Policy to Drag on for More than Six Years Court Finally Stopped an Unconscionable Level of Overlitigation United States District Judge Gary R. Brown was faced with a legal dispute that, perhaps because the defendant was a criminal, went on for years without a final disposition. In Principal Life Insurance Company v. Jason P. Brand, No. CV 15-CV-3804, United States District Court, E.D. New York (September 29, 2021) the case was reduced to seven years on disputes that appeared to be relativel...
2021-10-15
18 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - October 1, 2021 - A Video
October 1, 1979 - 2021 – Another Anniversary – Thank You https://zalma.com/blog Forty-one years ago today I left the world of the employed and became an entrepreneur by opening my own law firm. The law practice was incorporated shortly thereafter as Barry Zalma, Inc. When I opened for business on October 1, 1979, I had no clients and no certainty that I would have any in the future. I had borrowed money from the bank to carry me through the first six months and was concerned about my ability to pay the loan with my third child about to be born. Muc...
2021-10-01
18 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - September 15, 2021
A Video from ZIFL - 9/15/2021 - https://zalma.com/blog New Articles on Insurance Fraud Cease And Desist Orders Issued to Four Companies Allegedly Selling Home Warranties Without a License The California Department of Insurance announced September 7, 2021 that it has issued Cease and Desist Orders, effective immediately, to four companies who allegedly engaged in selling home warranty contracts in California without proper authorization. Under the Orders, the companies must immediately stop selling the contracts. To protect consumers from fraud, any company marketing and selling home warranty contracts to California consumers must be licensed by the Departme...
2021-09-16
18 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – September 1, 2021
California Legislature Wants to Make Application Fraud a Crime https://zalma.com/blog Application fraud in California is only recognized with regard to workers’ compensation policies. The proposed new statute provides it will be a crime for any fraud in any insurance application. Why it’s Difficult to Fire a Government Employee Insurance Fraud Conviction Requires Dismissal of Government Employee After Conviction for Fraud State Employee Demands Her Job Fatu Rimbert appealed from a November 12, 2019 final administrative decision of the Civil Service Commission (Commission) affirming her removal as a family service worker for the County of Essex...
2021-09-01
18 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter August 15, 2021
ZIFL 8/15/2021 -- Volume 25, Issue 16 https://zalma.com/blog and https://zalma.com/zalmas-insurance-fraud-letter-2/ Claim For Damage to Property That Existed Before Issuance of Policy Is Fraud It Is a Crime to Claim Preexisting Damage as New Damage After accepting a Plea Agreement and having a judgment entered the Defendant had no right to expunge his criminal record Vsevolod Sergee Garanin appealed from the order, entered in the Court of Common Pleas of Lackawanna County, denying his expungement petition. Commonwealth Of Pennsylvania v. Vsevolod Sergee Garanin, No. 337 MDA 2020, Superior Court of Pennsylvania (July 30, 2021) Man Bites Dog Story: G...
2021-08-16
17 min
Zalma on Insurance
The Fortuity Doctrine
Explaining "Fortuity" as an Unwritten Exclusion https://zalma.com/blog Because the purpose of insurance is to protect insureds against unknown, or fortuitous, risks, fortuity is an inherent requirement of all insurance policies that take on the risk of loss accepted by the policy. [Two Pesos, Inc. v. Gulf Ins. Co., 901 S.W. 2d 495, 502 (Tex. App. Houston [14th Dist.] 1995, no writ)]. The fortuity doctrine precludes coverage for both a “known loss” and a “loss in progress.” A “known loss” is a loss the insured knew had occurred prior to making the insurance contract. [Burch v. Commonwealth Mut. Ins...
2021-08-03
14 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - August 1, 2021
Convicted Insurance Fraudster Appeals Finding She Breached Probation https://zalma.com/blog Fraud Perpetrators Have Unmitigated Gall Kristi Heffington appealed from the revocation of her probation. She argued on appeal that the revocation court’s decision was error even though it was proved that she had sent text messages to herself claiming it came from her past employer dentist who fired her for stealing from his practice and defrauding insurers. In Kristi Heffington v. State of Maryland, No. 1899, Court of Special Appeals of Maryland (July 1, 2021) the appellate court wasted much time dealing with her spurio...
2021-08-02
12 min
Zalma on Insurance
Inadequate Foundations & Shear Walls
A Video Explaining Foundation & Shear Wall Defects https://zalma.com/blog Foundation Defects A foundation is the base upon which a structure stands. If a foundation is inadequately engineered it will not properly hold a structure up and will pose a hazard to the structure, to adjoining structures, and to occupants of the building. A foundation is the base upon which a structure stands. If a foundation is inadequately engineered it will not properly hold a structure up and will pose a hazard to the structure, to adjoining structures, and to occupants of the buildi...
2021-07-26
16 min
Zalma on Insurance
Actual Cash Value Applied to Appraisal of Property Losses
A Video Explaining the Interpretation of Actual Cash Value https://zalma.com/blog Determining the actual cash value of an item of personal property is often difficult and is subject to different interpretations across multiple jurisdictions. When an insurer and insured cannot agree on the amount of actual cash value loss they have the right to seek appraisal — a limited form of arbitration that may only determine the amount of actual cash value and loss. Depending on the wording of the policy or local state law Actual Cash Value (ACV) can be determined by subtracting from full r...
2021-07-15
16 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - July 15, 2021
HTTPS://zalma.com/blog This fraud technique involves a loss at a time when an individual has no or inadequate insurance. Following the loss, the individual applies for insurance or increases the limits of existing coverage. After a period of time (usually several days or weeks), a fraudulent claim is submitted for a loss reported to have happened after the new policy came into effect. Failure of the insurer, or its agent, to see the property (especially if the insurer has included the items on its schedules) before issuance of a policy is an invitation to this type of...
2021-07-15
14 min
Zalma on Insurance
Rescission of Insurance
Explaining The Equitable Remedy and Insurance https://zalma.com/blog Rescission is an equitable remedy as ancient as the common law of Britain. When the United States was conceived in 1776 the founders were concerned with protecting their rights under British common law. They adopted it as the law of the new United States of America modified only by the limitations placed on the central government by the U.S. Constitution approved in 1789. The viability and ability to enforce contracts was recognized as essential to commerce. Courts of law were charged with enforcing legitimate contracts. Courts of equity...
2021-07-14
18 min
Zalma on Insurance
Ethics and the Adjuster
Independent insurance adjusters serve insurance companies who do not have sufficient claims staff to handle insurance claims on behalf of those various insurers without staff in every jurisdiction where there is property the risk of loss of which was insured. https://zalma.com/blog The professional insurance adjuster recognizes that the work of adjusting insurance claims is a profession of public trust. Independent insurance adjusters should maintain a standard of integrity that will promote the goal of building public confidence and trust in the insurance industry. Independent insurance adjusters, and company employed insurance adjusters, should follow sta...
2021-07-13
17 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - July 1, 2021
ZIFL - Volume 25, Issue 13 https://zalma.com/blog Attorneys Should Never Be Involved in Fraud with Clients The Crime Fraud Exception to The Attorney Client Privilege In United States of America v. Aron Chervin, Et Al, No. 10 CR 918 (S.D.N.Y. 09/21/2011) an indictment involving multiple health insurance fraud perpetrators attempted to keep from their criminal trial wiretap conversations that seem to establish the crime. By motion dated June 1, 2011, Defendant Michael Lamond (“Lamond”) moved to suppress nineteen telephone conversations between himself and Defendant Aron Chervin intercepted by the Federal Bureau of Investigation (“FBI”) pursuant to court-authorized w...
2021-07-02
16 min
Zalma on Insurance
Health Insurance Fraud
Explaining Health Insurance Fraud https://zalma.com/blog The nation’s bill for health care fraud is enormous as large as $300 billion or more every year. Fraud takes place at many points in the health care system, in hospitals, nursing homes, and diagnostic facilities, by doctors, attorneys, health care providers, durable equipment providers, and patients. One large area prone to fraud is the Medicare system. This system processes more than 800 million claims a year with 70 different contractors handling the claims that come from hundreds of thousands of doctors, laboratories, and other health practitioners and facilities. In 2012 Medicare...
2021-06-28
15 min
Zalma on Insurance
Identifying Insurance Fraud
A Video Explaining How to Discover and Defeat Insurance Fraud https://zalma.com/blog Next to tax fraud, insurance fraud is the most practiced crime in the world. It is perpetrated by members of every race, religion, sexual orientation, and nationality. Insurance fraud is perpetrated by members of every profession. The temptation to commit insurance fraud is great because prosecutions are rare, convictions are rarer and the convicted serve little or no time in prison. The possibility of a tax-free profit, coupled with the commonly held belief that it is not a crime or morally wrong to...
2021-06-25
16 min
Zalma on Insurance
Retaining an Attorney to Defend an Insured
Explaining How to Retain Defense Counsel https://zalma.com/blog In instances where insurance claims may entail litigation, insurers must move quickly to engage counsel. When an attorney is retained to defend a person insured, the fact should be documented in writing by the attorney, the adjuster, and the insured who is to be defended. Before an insurer retains an attorney to represent an insured to defend an insured who has been sued for a tort the claims person should be certain the lawyer is competent to defend the insured. This can be accomplished by attending...
2021-06-24
16 min
Zalma on Insurance
Preparation for Trial of an Insurance Tort Case & Use of Experts
Trial Preparation https://zalma.com/blog After completion of investigation, written discovery, oral depositions, and retention of necessary expert witnesses, the trial preparation part of the case begins. The defense attorney’s response should include the settlement value, or range of values, he or she places on the case. After reviewing the report, the adjuster should confer with the attorney to discuss strategy in depth. They should agree on the cost of a potential settlement versus that of an actual trial. If they decide that settlement should be attempted, the adjuster should give the attorney settlement a...
2021-06-22
16 min
Zalma on Insurance
Ethics and the IME
Explaining The Ethical Obligations of the Claims Person when Retaining an IME HTTPS://zalma.com/blog Medical examiners have established their own codes of ethics with regard to an IME and are obligated by those codes to report their findings fairly and accurately. The American Board of Independent Medical Examiners has published a code of Ethics. The adjuster who follows the rules profiled by the American Board of Independent Medical Examiners, which are similar to those posited by the International Association of Special Investigation Units (IASIU), should receive appropriate independent medical advice. Insurance is a business of...
2021-06-21
15 min
Zalma on Insurance
Insurance for Punitive Damages
Explaining Why Insurance for Punitive Damages is Against Public Policy https://zalma.com/blog in Most States Insurers generally argue that they cannot indemnify or insure for punitive damage awards. Insurance carriers typically rely, in California, on “public policy” and point to California Insurance Code Section 533. Section 533 states: An insurer is not liable for a loss caused by the willful act of the insured; but he is not exonerated by the negligence of the insured, or of the insured’s agents or others. Insurance carriers frequently cite Peterson v. Superior Court, 31 Cal.3d 147 (1982), in support of their argument...
2021-06-16
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - June 15, 2021
ZIFL - 06-15-2021 https://zalma.com/blog Quote of the Issue - “Learn from yesterday, live for today, hope for tomorrow.” - Albert Einstein What Is Insurance Fraud? When an insurer is asked to pay a fraudulent insurance claim it is the victim of a tort, a civil wrong and in most states, a crime. Black’s Law Dictionary, 6th Edition, defines fraud as: "An intentional perversion of the truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right; a false...
2021-06-15
17 min
Zalma on Insurance
Some Grounds for Finding Bad Faith
Describing Grounds for the Tort of Bad Faith Unexplained Delays in Communication https://zalma.com/blog When an insured asks a question of his or her insurer an answer is expected. An insurer should respond to all inquiries promptly, and in no event later than 15 days. If an insured submits a proof of loss to which the insurer has agreed and asks “when can I expect to be paid?” the insurer should respond with specificity, immediately. Most policies and state regulations require payment within 30 calendar days of agreement to the proof of loss. If the question is...
2021-06-14
17 min
Zalma on Insurance
Defenses to Intentional Torts
A Video Explaining Various Defenses to Intentional Torts https://zalma.com/blog Self-Defense and Defense of a Third Party The California Civil Code states: Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child, parent, or other relative, or member of one’s family, or of a ward, servant, master or guest. (California Civil Code § 50) The person must reasonably believe that danger exists, and must use only such force as is reasonably necessary. Defenses to Battery—Use of Deadly Force Deadly fo...
2021-06-11
15 min
Zalma on Insurance
Defenses to Accidental Tort Claims
A Video Explaining Defenses to Tort Claims https://zalma.com/blog Contributory and Comparative Negligence At one time, a plaintiff who contributed in any amount to his or her own injury recovered nothing. The California Supreme Court thought the result was harsh. A person 99% responsible for another’s injury would have an absolute defense. The California Supreme Court decided that almost all accidents, all negligent torts, were the result of negligent actions of both parties. The California Supreme Court enunciated in Li v. Yellow Cab, a system known as comparative negligence where the jury was instructed t...
2021-06-09
17 min
Zalma on Insurance
Water or Wind Coverage
Catastrophes and Anti-Concurrent Cause Policy Language https://zalma.com/blog The United States Court of Appeal, Fifth Circuit entered an important decision with regard to water damage and insurance policy coverage for claims resulting from water damage and catastrophe losses. In Leonard v. Nationwide, 499 F.3d 419, 37 A.L.R. 6th 785 (2007) the first of the Katrina cases to go to trial, found that anti-concurrent-causation clause was not ambiguous; the clause was not invalid under Mississippi law; and water damages exclusion unambiguously excluded damage caused to residence from storm surge. The Leonards' home lies twelve feet above sea leve...
2021-06-08
12 min
Zalma on Insurance
An Occurrence Requires Fortuity
Explaining The Need to Prove an Occurrence https://zalma.com/blog An “occurrence” is usually defined as accidental loss or damage which results, during the policy period, in bodily injury or property damage. In Green v. State Farm Fire & Casualty Co. 127 P.3d 1279, 2005 UT App 564 (Utah App. 12/30/2005) a homeowner sued the insured developer after he sustained property damages as a result of a landslide. At the time of the landslide, the developer held a contractor/builder’s risk insurance policy issued by State Farm. The developer initiated a declaratory judgment action against State Farm, seeking defense and i...
2021-06-07
18 min
Zalma on Insurance
Time to Establish Excellence in Claims Handling
A Proposal to Create a Staff of Claims Professionals https://zalma.com/blog To avoid claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers must maintain a claims staff dedicated to excellence in claims handling. That means they recognize that they are obligated to assist the policyholder and the insurer to fulfill all the promises made by the insurer in the wording of the policy. An insurer can create a claims staff dedicated to excellence in claims handling by, at least: Hiring insurance claims professionals. If claims profession...
2021-06-04
15 min
Zalma on Insurance
Asking What is a Moral Hazard?
Recognizing a Moral Hazard in the Underwriting of Insurance https://zalma.com/blog The moral hazard is the increase in uncertainty caused by personal acts of individuals. These acts may contribute to the probability or severity of loss. The individual creating the problem may be the policyholder or another person. In either case the chance of loss is increased. A moral hazard may be present in every line of insurance. No underwriter can ignore it without incurring an increased risk of substantial loss. The moral hazard is very difficult to detect and therefore very dangerous to the...
2021-06-03
17 min
Zalma on Insurance
Zalma's Insurance Fraud Letter June 1, 2021
Do Insurers Get Their Money’s Worth from Fighting Fraud? https://zalma.com/blog The Law of Unintended Consequences Strikes Again to Help Set Up a Bad Faith Case How a Statute to Protect Against Bad Faith Offers Created an Opposite Result In White v. Cheek, A21A0212, Court of Appeals of Georgia (May 21, 2021) a personal injury action arising from an automobile accident involving Stephan Duwayne White and Walter Cheek. White appealed from the trial court’s denial of his motion to enforce a settlement. White contended that the trial court erred by holding that oral communicat...
2021-06-01
17 min
Zalma on Insurance
Casualty Insurance
A Video Explaining Casualty Insurance https://zalma.com/blog "Casualty insurance” is defined as an “agreement to indemnify against loss resulting from a broad group of causes such as legal liability, theft, accident, property damage, and workers' compensation.” Black's Law Dictionary 871 (9th ed. 2009). Liability insurance is part of the casualty line of insurance. A “casualty” is an accidental injury, a fortuitous event. For every such harm there is a law or legal principle that places the burden of the consequences back on the finances of the initiator of the harm. Applying the ancient maxim of the law that “for ev...
2021-05-27
15 min
Zalma on Insurance
The Unethical Insured
A Video Explaining Ethics and the Covenant of Good Faith & Fair Dealing https://zalma.com/blog On rare occasions, an insured will act unethically in his, her or its relations with an insurer. When they do, if discovered by the insurer or its claims person, the right to indemnity may be lost. As you read about the decision from the United States Supreme Court below consider how the insured acted unethically to the insurer and why the Supreme Court decided to deprive the insured of his right to indemnity. Although hoary with age this case still sta...
2021-05-26
15 min
Zalma on Insurance
Appraisal of a Homeowners Policy Claim
A Video Explaining Appraisal in a Homeowners Claim https://zalma.com/blog Almost all homeowners policies contain an “appraisal” clause similar to that in the Standard Fire Insurance Policy. Appraisal should be used as a last resort when all efforts to reach an agreed amount of loss with the insured have failed. The appraisal provision is optional, and neither the insured nor the insurer is obligated to invoke that provision. [Overland Plumbing, Inc. v. Transamerica Insurance Company, 119 Cal. App. 3d. 476, 174 Cal. Rptr. 1 (1981).] Under civil practice rules, appraisal can be a formal proceeding at which witnesses are subpoenaed...
2021-05-25
17 min
Zalma on Insurance
About the Assault & Battery Exclusion
Intentional Torts Should Never Be Insurable https://zalma.com/blog Insurance against the liability that comes from an intentional tort is said to be against “public policy.” Insurance companies are generally forbidden to write liability insurance promising protection against the consequences of an intentional tort since such activity would encourage intentional torts. Assault or battery is, by definition, intentional torts that should not be insured. An assault is defined as: An intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed toward person of another, under such circumstances as create well-founded fear of imminen...
2021-05-21
15 min
Zalma on Insurance
About More Exclusions
Exclusions for Wear & Tear, Depletion, Deterioration, Rust, Corrosion and Erosion, and Water Damage https://zalma.com/blog The wear and tear exclusion, perhaps because it is so obvious, has seldom been the subject of appellate review. The exclusion for wear and tear is not, however, as argued by the insured, limited to ‘abnormal wear and tear,’ but rather encompasses all ‘wear and tear’. See Lovell v. State Farm Mut. Auto. Ins. Co., 466 F.3d 893, 902 (10th Cir.2006) Applying Colorado law and holding that when the language used in an insurance contract is plain and its meaning is clear, the agre...
2021-05-20
16 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – May 15, 2021
ZIFL – May 15, 2021 https://zalma.com/blog The May 15, 2021 issue of Zalma’s Insurance Fraud Letter Includes articles on the following subjects: EUO Is A Condition Precedent People who commit insurance fraud tend to run from serious insurers who deny claims for fraud, misrepresentation, concealment or failure to fulfill conditions precedent. State Farm filed an unopposed motion for summary judgment against defendants All Med Merchandise and Trading, Inc., Haar Orthopedics & Sports Medicine, P.C., Park Avenue Orthopedics, P.C., and Anthony Vigorito, D.C., probably because the defendants knew they had no case and placed their efforts to colle...
2021-05-17
17 min
Zalma on Insurance
About Care Needed to Elect Rescission
Rescission is an Important Remedy to Avoid Fraud Never Rescind a Policy Without a Thorough Investigation and Advice of Counsel https://zalma.com/blog Insurers must use the rescission remedy with care. Insurers should never assume that the promise to pay indemnity to the insured under a policy of insurance can, with impunity, be broken by advising the insured that the insurer has rescinded the policy. Rescission without sufficient evidence is wrongful. Rescission without the advice of competent counsel is a tactic fraught with peril. Rescission without a thorough investigation is dangerous. Where no valid g...
2021-05-12
18 min
Zalma on Insurance
MOLD MYTHS
Insurance Claims and Mold Reality https://zalma.com/blog Get Rich Quick Thanks to Mold Although there have been successful lawsuits, the days of multi-million dollar verdicts in insurance mold claims are probably disappearing. As for the get-rich-quick mold remediation companies, they are finding that they must give real service or they will soon be visiting the bankruptcy court. "Killer Mold” Exists Despite alarmist headlines that pronounce “Black mold can kill you!” medical research has not been able to determine what amount of exposure to “black mold,” if any, is toxic to a normally healthy ind...
2021-05-11
14 min
Zalma on Insurance
Fraud by Divine Right
A Video True Crime Story of Insurance Fraud https://zalma.com/blog They were All-American girls. Muffy and Buffy met each other as cheerleaders in high school. They were best friends. They did everything together. The two young women shared everything from clothes to boyfriends. They decided to use insurance fraud to supplement their income and allow them to continue to live with nothing but the best in excess of their earnings. Buffy and Muffy admitted to the adjuster that the watches were never stolen in either claim. They withdrew the claim for the two watches...
2021-05-10
22 min
Zalma on Insurance
The Tort of Bad Faith's Unintended Consequences
Unintended Consequences of the tort Bad Faith https://zalma.com/blog 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 in performance. The primary purpose of damages for breach of a contract is to protect the promisee’s expectation interest in the promisor’s performance. Damages should put the plaintiff in as good a position as if the defend...
2021-05-07
16 min
Zalma on Insurance
Explaining Construction Defects and Exclusions to
Intentional Acts Exclusions and Fortuity https://zalma.com/blog Implicit in the concept of insurance is that the loss occur as a result of a fortuitous event not one planned, intended, or anticipated. Oddly, the fortuity principle never appears in insurance contracts. The principle is rooted in common law and in the statutes of at least six states. The fortuity principle has the effect of an exclusion. That is, an all-risk policy might provide coverage for all risks minus named exclusions, but never provides coverage for non-fortuitous events, even though non-fortuitous events are not named exclusion...
2021-05-04
16 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - May 1, 2021
ZIFL - Volume 25, No. 9 https://zalma.com/blog & https://rumble.com/vgbcof-zalmas-insurance-fraud-letter-may-1-2021.html The May 1, 2021 issue of Zalma's Insurance Fraud Letter includes the following articles and a video reporting on the key article about the Examination Under Oath at The Examination Under Oath is an Important Tool for Every Fraud Investigation The EUO Is a Serious and Important Part of the Insurer’s Investigation The attorney, insurance claims professional or investigator who conducts the EUO can take a role similar to the role of a prosecutor without the usual constitutional restraints controlling testimony at a depositi...
2021-05-02
16 min
Zalma on Insurance
Explaining the Requirements of "Additional Insured"
"Additional Insured" Requirements of Construction Contracts and Policies https://zalma.com/blog Although the “additional insured” requirement provides additional security to the owner and architect, it can add to the cost of insurance. Regardless, the requirement is often included in contract documents and, if not carefully drafted, can result in multiple disputes as to which insurer is required to defend which insured. Construction contract language should be designed to avoid such disputes. An owner and a contractor should make every effort to obtain language in their contract forms that will avoid ambiguous “additional insured” endorsements. The form language...
2021-04-29
15 min
Zalma on Insurance
Explaining the Construction Contract
The Construction Contract https://zalma.com/blog When a construction contract, like every other contract, is unambiguous, the parties’ intent may be determined from the contract alone, and it is the duty of the court—not the jury—to state its meaning. Construction contracts are governed by the same rules as all other contracts. When a court is called upon to interpret a construction contract its terms are given their ordinary and generally accepted meaning with the court working to give effect to the intent of the parties to the contract unless the contract itself gives special...
2021-04-28
16 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - 04-15-2021
ZIFL 4/15/2021 https://zalma.com/blog Zalma’s Insurance Fraud Letter, in its 25th year is free to anyone who subscribes or goes to the Mr. Zalma’s Website where you can Subscribe to e-mail Version of ZIFL, it’s Free! Read last two issues of ZIFL here. Go to the Barry Zalma, Inc. web site here Videos from “Barry Zalma on YouTube” Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921 See the full video at https://rumble.com/vfnvcj-a-video-from-zalmas-insurance-fraud-letter-april-15-2021.html and at https://youtu.be/zHkVc_ozTqs Read the full issue of ZIF...
2021-04-15
19 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - April 1, 2021
Not a Joke - Zalma's Insurance Fraud Letter Volume 25, Number 7 zalma.com/blog Arson for Profit Conviction Affirmed in Pennsylvania John M. Sekerak appealed from the January 16, 2020 judgment of sentence entered in the Court of Common Pleas of Berks County ("trial court"), following his jury convictions for two counts of arson, recklessly endangering another person ("REAP"), and insurance fraud. In Commonwealth of Pennsylvania v. John M. Sekerak, J-S47005-20, No. 387 MDA 2020, Superior Court of Pennsylvania (March 15, 2021) the Pennsylvania court considered the convicted arsonist’s claims of error only to find that he was guilty beyond a reasonable...
2021-04-01
15 min
Zalma on Insurance
A rue Crime Story from Barry Zalma's book
The Real Cost of Fraud & the Largest Residential Burglary of All Time https://zalma.com/blog After twelve months trying to get insurance on over $3,000,000 in jewelry and a like amount of fine arts, a Taiwanese man who was a wanted criminal in his own country convinced two American insurers to agree to insure him against the risk of loss to the contents of his home. To obtain the insurance he concealed from the American insurers that he was, at the time he purchased the insurance: an alien a court had ordered deported; that in his home...
2021-03-18
15 min
Zalma on Insurance
A Video About a New Book About Adjusting Property Claims
"The Compact Book of Adjusting Property Claims - Third Edition" https://zalma.com/blog The insurance adjuster is seldom, if ever, mentioned in a policy of insurance. The strict wording of the first p arty property policy sets the obligation to investigate and prove a claim on the insured. Standard first party property insurance policies, based upon the New York Standard Fire Insurance policy, contain conditions that require the insured to, within sixty days of the loss, submit a sworn proof of loss to prove to the insurer the facts and amount of loss. In general...
2021-03-16
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - March 15, 2021
Proving Fraud by A Predetermined Treatment Protocol Articles in the March 15, 2021 Issue include the following: RICO Action Against Medical Providers Raises Discovery Difficulties Insurance companies who claim to be the victims of health care providers operating in a no fault auto insurance state like Florida. In Government Employees Insurance Co., et al. v. Mark A. Cereceda, et al., CASE NO. 19-22206-CIV-ALTONAGA/GOODMAN, United States District Court Southern District of Florida Miami Division (January 15, 2021) where Plaintiffs filed a 406-page Complaint asserting 43 counts and attaching more than 8,500 pages of spreadsheets as exhibits. Specifically, Government Employees Insurance Co. (“Geico”) and related Ge...
2021-03-15
17 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - March 1, 2021
Zalma's Insurance Fraud Letter Volume 25, No 5 Includes the Following Articles: https://zalma.com/blog Insurance Fraud by Insurers Insurance fraud is not limited to fraud by insureds against their insurers. Much to the shame of the insurance industry, the reverse also happens. The poster child of fraud by an insurer was Martin Frankel who created a scheme he masterminded to “loot” more than $200 million from seven insurance companies that he controlled. Franklin American Corporation, and its wholly-owned subsidiary, Franklin American Life Insurance Company were controlled by another entity, a Tennessee trust named...
2021-03-01
13 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – February 15, 2021
Convicted of Insurance Fraud In State of Delaware v. Paul Disabatino, ID No.: 1505000293, Superior Court of The State of Delaware (February 3, 2021) Health Insurance Fraud Convictions Videos on YouTube And Zalma On Insurance from Barry Zalma Over 110 Videos describing important insurance issues described by Barry Zalma and available to anyone who views or subscribes to the YouTube account. Issues include insurance fraud, definition of insurance, insurance as a contract of personal indemnity, millions for defense and not a dime for tribute and the tort of bad faith. Please subscribe. There are 62 Videos are at ht...
2021-02-15
14 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - February 1, 2021
See the full video at https://youtu.be/1Lvbxku45ho https://zalma.com/blog Read the full article at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-barry-zalma-esq-cfe-17c/ a Quote of the Issue: “Man is only wise while he searches for wisdom; if he thinks he’s found it, he’s a fool.” - Rabbi Shlomo ibn Gavrioel Florida Insurers Actively Pursue Fraud Perpetrators in RICO Suits In a suit filed January 13, 2021, Heritage Property and Casualty Insurance Company...
2021-02-01
09 min
Zalma on Insurance
Explaining Some Construction Defects
The Defects HTTPS://zalma.com/blog Construction defects are any deficiencies in the performance or completion of the design, planning, supervision, inspection, or construction for any new building or structure that has been remodeled or undergone repairs. Understanding what a construction defect is has become so complex that states have begun to define them by statute. For example, construction defects are defined as a “violation of statutory performance standards for every building component in a dwelling” for any new residential construction sold after January 1, 2003, in California. [California Civil Code § 895 et seq. “R...
2021-01-26
15 min
Zalma on Insurance
ZALMA’S INSURANCE FRAUD LETTER JANUARY 15, 2021
ZALMA’S INSURANCE FRAUD LETTER JANUARY 15, 2021 https://zalma.com/blog Professional Insurance Adjusting and Insurance Fraud At the turn of the century, insurers, in a search for profit, decimated their professional claims staff. They laid off experienced personnel and replaced them with young, untrained and unprepared people. A virtual clerk replaced the old professional claims handler. Process and computers replaced skill and judgment. Insurers intentionally forgot that the promises made by an insurance policy are kept by th...
2021-01-15
16 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – January 1, 2021
Zalma’s Insurance Fraud Letter January 1, 2021 https://zalma.com/blog Read last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ Happy New Year – 2021 Must, and will be, Better than 2020 Guilty of Insurance Fraud People who commit insurance fraud think it is a crime without punishment or concern. When they are caught, prosecuted and convicted, the perpetrator is so amazed that he or she is one of the few unlucky ones who were caught that they use their ill-gotten gains to fund...
2021-01-04
05 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - Insurance Fraud Costs Everyone - 12-15-2020 - Listen to the Christmas Fable of Fraud
Merry Chirstmas – Happy Hanukah & May the Winter Solstice be Peaceful & Mild https://zalma.com/blog A Christmas Fable of Insurance Fraud Most insurance criminals, unlike Raymond, know about the lack of staff, how overworked and underpaid adjusters are, and would never sign a release. The insurance criminal would either try to bribe the SIU investigator or sue the insurer for bad faith for having the gall to claim they caught them at their crime. Insurance fraud perpetrators do not give up a chance of easy money just because their scheme did...
2020-12-15
19 min
Zalma on Insurance
Zalma’s Insurance Fraud Letter – December 1, 2020
ZALMA’S INSURANCE FRAUD LETTER DECEMBER 1, 2020 https://zalma.com/blog Read the full Zalma's Insurance Fraud Letter at https://www.linkedin.com/pulse/zalmas-insurance-fraud-letter-december-1-2020-barry-zalma-esq-cfe-1c and see the full video at https://youtu.be/Phva0x6RNYQ and at https://rumble.com/c/c-262921 and at https://zalma.com/blog plus more than 3500 posts. Evidence of A Prior Fire Is Available to Prove Fraud 2020 Canadian Insurance Fraud Report Minnesota Fraud Bureau: Insurance Fraud Referrals Up In 2019 No Harm, No Foul When Instruction Error...
2020-12-01
16 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - November 1, 2020
ZALMA’S INSURANCE FRAUD LETTER https://zalma.com/blog On or Before November 3, 2020 It is Imperative That Everyone Votes. I Have My Preferences and I Will Exercise the Right and Obligation to Vote. I Hope You All Will Do the Same. Volume 24, Issue 21 – November 1, 2020; Subscribe to e-mail Version of ZIFL, it’s Free! Read last two issues of ZIFL here. Go to the Barry Zalma, Inc. web site here Videos from “Barry Zalma on YouTube” Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921A ClaimSchool...
2020-11-02
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - 10-15-2020
Zalma's Insurance Fraud Letter See the full article, and the previous Fraud Letter, in Adobe pdf format at https://zalma.com/zalmas-insurance-fraud-letter-2/ On or Before November 3, 2020 It is Imperative That Everyone Votes. Unlicensed Doctor Convicted of Insurance Fraud and Other Crimes After Patrick E. Usanga (Usanga) was convicted for many crimes of fraud he appealed his convictions unsuccessfully and then filed Post Conviction Relief Act motion to set aside the conviction in Commonwealth of Pennsylvania v. Pa...
2020-10-15
12 min
Zalma on Insurance
A Video Explaining What is Needed to Adjust the Commercial Property Loss Posted on October 8, 2020 by Barry Zalma
Adjusting the Commercial Property Loss https://zalma.com/blog The adjustment of a commercial loss is performed in the same manner as any other property loss. The difference is one of tone rather than substance. Adjusters who usually deal with a business entity, and its officers or employees, rather than an individual find claims handling is often, but not necessarily always, easier. The experienced adjuster who deals with commercial claims usually has knowledge of the business and the people who operate the business. Some insurers even assign a single adjuster to a major...
2020-10-08
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - October 1, 2020
October 1, 1979 – 2020 – Another Anniversary – Thank You Forty-one years ago today I left the world of the employed and became an entrepreneur by opening my own law firm. The law practice was incorporated shortly thereafter as Barry Zalma, Inc. When I opened for business on October 1, 1979, I had no clients and no certainty that I would have any in the future. I had borrowed money from the bank to carry me through the first six months and was concerned about my ability to pay the loan with my third child about to be born. Much to my surprise and...
2020-10-01
15 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - September 15, 2020
https://zalma.com/blog --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2020-09-15
14 min
Zalma on Insurance
Zalma's Insurance Fraud Letter - July 15, 2020
https://zalma.com/blog --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2020-07-15
18 min
Zalma on Insurance
Getting the Whole Truth - A New Book by Barry Zalma from the ABA
https://zalma.com/blog --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support
2020-06-30
17 min