Zalma on Insurance

Innocent Wife Has No Right to Recover for Criminal Conduct of Husband  Causing Damage   Public Policy of State Requires Exclusion of Criminal Conduct  On October 14, 2019-while the Safeway policy was in effect-Mr. Moon  backed the Vehicle into a police vehicle while attempting to flee from  the police (the "Incident"). In Kristen Moon v. Safeway Insurance  Company Of...

To Allege IFPA Fraud Plaintiff Need only Plead the Defendants Knowledge, Falsity, and Materiality of Insurance Claim Go to https://zalma.com/blog

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, i...

Courts Must Read the Full Policy to Determine Coverage Plaintiffs  Joshua and Rachel Dow purchased their home at 1017 Moss Creek Drive in  Hurricane, WV in March of 2018.  This property is contiguous to the  Valley Park Wave Pool. After Plaintiffs purchased the home, they entered  into a contract for first party insurance with Defendant Liberty  Insurance Company. As...

Chubb Must Pay for Cancellation of Tina Turner Concert Because of Order  of State of New York   Tina Turner Musical LLC v. Chubb Insurance Company of Europe SE, Appeal  No. 16804, Index No. 651607/21, Case No. 2022-02269, Supreme Court of  New York, First Department (December 6, 2022)  In an appeal from an order of the Supreme Court, New York County (Andrew  Borrok, J...

No Good Deed Goes Unpunished  GEICO Advantage Insurance Company and GEICO Choice Insurance Company  (collectively "GEICO") appealed a decision of the Circuit Court of the  City of Richmond granting summary judgment to Liosha Miles ("Miles") on  the issue of whether each of the two insurance policies at issue  provided separate tranches of insurance for uninsured motorist (...

Chubb Must Pay for Cancellation of Tina Turner Concert Because of Order  of State of New York   Tina Turner Musical LLC v. Chubb Insurance Company of Europe SE, Appeal  No. 16804, Index No. 651607/21, Case No. 2022-02269, Supreme Court of  New York, First Department (December 6, 2022)  In an appeal from an order of the Supreme Court, New York County (Andrew  Borrok, J...

Title Policy Terminated Regardless of Counsel's Misconduct Making  Personal Attacks on the Court and Counsel   Jay Shah appealed from a judgment entered in favor of Fidelity National  Title Insurance Company after the trial court granted summary judgment.  After two trials and a second appeal the Court of Appeals dealt with  improper and contumacious conduct by plaintiff's...

Summary Judgment Fails for Lack of Convincing Evidence   Plaintiff Craig Finch owns parcels of real property in Broome County,  New York, the relevant ones for our purposes being one on Kennedy Road  (hereinafter the subject premises) and another on Bishop Road. A  single-family home was situated on the subject premises, while a second  home was situated about 1,000 feet a...

Representative of Five Dead Seek to Hold Owner of Vehicle's Insurer  Responsible for Deaths and Injuries   In Motorists Commercial Mutual Insurance Company v. Roger Hartwell;  Lynnway Auto Auction, Inc., Safety Insurance Company; et. al.  Nos.  21-1603, 21-1636, United States Court of Appeals, First Circuit  (November 23, 2022) the plaintiff claimed it owed neith...

When a seriously injured person is injured by a person with a policy  providing minimal limits the plaintiff's lawyer will invariably attempt  to set up the insurer for a bad faith case by making a policy limits  demand with a short period of time to respond.  In David Grant Orndorff  v. Erie Insurance Exchange, No. 1318-2021, Court of Special Appeals of  Maryland (No...

Minnesota Statute Does not Require Insurer to Pay to Bring Church  Property up to Code From Damage Predating Loss   St. Matthews Church of God and Christ (St. Matthews) is located in St.  Paul, Minnesota sued State Farm Fire and Casualty Company (State Farm)  who insured St. Matthews. The policy provided replacement cost coverage  for damage to St. Matthews's buildings. &n...

https://zalma.com/blog.

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...

The Plaintiffs claimed that the policy's "natural disaster" provision  was rendered a nullity; it would allow for coverage in instances when  all the resorts in a state closed indefinitely for a natural disaster  but reopened one month later thus not ceasing ski operations altogether  for the season which is not what eliminated the Plaintiffs desire to  ski.  The tria...

No Coverage for Theft by Persons Entrusted   When the plaintiff turned her restaurant over to two restaurateurs when  she became ill they took out of the restaurant and converted it to their  possession. The restaurateurs  claimed they purchased the equipment  from plaintiff and she claimed they took advantage of her illness and  stole the property.   In Tom...

Impossible to Sue Insurers who are Part of the Same Group of Insurers   John R. Parrish sued alleging claims for breach of contract, breach of  the duty of good faith and fair dealing, and fraud against the three  defendant insurance companies. The claims arose out of defendants'  handling of an insurance claim submitted by plaintiff for storm damage  to his home.  In...

My Thanksgiving Wishes from My Family and I to You and Yours   A Blog and Video Blog Explaining Why I am Thankful   My family and I have much to be thankful for this year, not the least of  which are the care provided by Dr. Wright, the cardiologist who cares  for me and my wife, Thea.  I am personally in good health, walking four to five miles a day, and in  retireme...

Court Refuses to Strain to Find Ambiguity That Did Not Exist   In ERIE INSURANCE EXCHANGE v. DRAGANA PETROVIC, No. 1-21-0628, 2022 IL  App (1st) 210628-U, Court of Appeals of Illinois, First District, Second  Division (November 15, 2022) the circuit court properly granted summary  judgment in favor of the insurer declaring that it had no duty to  indemnify or defend the in...

IT DOESN’T PAY TO TRY TO CHEAT YOUR INSURANCE COMPANY   Legitimate Claim Destroyed by Creating Fake Invoices 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 A...

CAST IRON PIPES RUST & LEAK   Marisol Rosa ("Rosa") appealed a final summary judgment entered in favor  of Safepoint Insurance Company ("Safepoint").  In Marisol Rosa v.  Safepoint Insurance Company, No. 5D21-3005, Florida Court of Appeals,  Fifth District (November 14, 2022) the Court of Appeals interpreted an  exclusion for damages caused by an act of nature. &n...

Arson Requires Jail & Restitution   Following a fifteen-day trial, a jury agreed with the State's claims  that defendant Terrence L. Strothers' year-long dispute over a woman  with another man, Shane Stevens, resulted in defendant assaulting Shane  by firing a flare at Shane's car; and later that same day recruiting  some friends to aid in his retribution who fired two...

Claims Commandment XI   Thou Shall Empathize With the Claimant  Everyone in a claim situation is unhappy, disturbed, shocked, injured  either in body or emotionally and needs help. The adjuster must  recognize the difference between sympathy and empathy.   Empathy is identification with and understanding of another’s situation,  feelings, and motives. It is the abilit...

https://zalma.com/blog

https://zalma.com/blog