Zalma on Insurance

Michigan Allows Fraudster to Receive PIP Benefits but no UM/UIM Benefits   Plaintiff appealed the trial court’s order granting summary disposition  in favor of defendants Home-Owners Insurance Company (“Home-Owners”),  American Country Insurance Company (ACIC), and Hartford Accident and  Indemnity Company (“Hartford”), with respect to plaintiff’s claims for  uninsured or u...

When Insurer Let's Insured Unilaterally Choose Additional Insureds it  has no Standing to Complain   An insurer, by drafting an open-ended additional insured endorsement  that allowed its insured, by entering into contracts under which the  insurer would be obligated to provide a defense to people unknown to the  insurer and which did not require that its insured to obtain...

Judgment Eliminating Defamation Coverage Defeats Coverage   Although the duty to defend is exceedingly broad the obligation of an  insurer to defend and insured is not unlimited. In University Of  Louisville v. Kentucky School Boards Insurance Trust And Cyril William  Helm, No. 2021-CA-1066-MR, Court of Appeals of Kentucky (August 19,  2022) the University of Louisville (t...

Judgment Eliminating Defamation Coverage Defeats Coverage   Although the duty to defend is exceedingly broad the obligation of an  insurer to defend and insured is not unlimited. In University Of  Louisville v. Kentucky School Boards Insurance Trust And Cyril William  Helm, No. 2021-CA-1066-MR, Court of Appeals of Kentucky (August 19,  2022) the University of Louisville (t...

It's Not Nice to Lie in a Pleading   Earnest A. Davis sued a car repair shop, its manager, and his car  insurance company alleging they engaged in a ploy to damage his  convertible Porsche so that he couldn't afford to repair it and another  customer of the repair shop could purchase it. On appeal, he challenges  the trial judge's rulings sustaining the defendants' demurre...

When Insurer Refuses Defense Fees Incurred by Insured Are Presumed to be Reasonable & Necessary   Insurer Should Consider Defense Under a Reservation Rather than Refuse Defense

Assuming that Coverage Exists Does not Make a Contract Barry A. Lindsten appealed a circuit court order dismissing his action  against Astronautics Corporation of America (Astronautics) and Robertson  Ryan &Associates, Inc. and Michael R. Schulte (Robertson Ryan).  In Barry A. Lindsten, Sarah M. Lindsten v. Astronautics Corporation of  America, Mayo Medical Plan, Trumbull I...

After Reaching a Settlement of multiple claims presented against her  insurer that was also the insurer of the third party, Connie Humes sued  for bad faith and violation of the Unfair Trade Practices Act (UTPA).  Humes appealed trial rulings by the trial court, excluding evidence of  certain settlement amounts paid by Farmers Insurance Group, in a trial  of her injury cla...

Vaccination Eliminates Compassionate Release   https://zalma.com/blog Felon must stay in jail.

Rape by a Priest is not Part of a Charitable Function https://zalma.com/blog .

WITHDRAWAL OF FRAUDULENT PORTION OF CLAIM DOES NOT ELIMINATE FRAUD Star Casualty Insurance Company appealed a summary final judgment and  attorney fee award entered in favor of Gables Insurance Recovery, Inc.,  as assignee of Star Casualty's insured, Ana Maria Correa. Star Casualty  alleges that the trial court erred by granting summary judgment due to  genuine issues of materi...

What is a Man in the Middle Attack?

Failure to Advise Insurer of New Car Fatal to Claim

Beating an Employee With a Pistol for Four Hours is Excluded  State Farm Fire and Casualty Company filed a motion for summary  Judgment, arguing that it owed no duty to defend or indemnify  defendants, Hamdallah, L.L.C., et al. ("the LLCs"), against the claims  asserted by plaintiff, Nixon Calix. The trial court granted for summary  judgment and dismissed all claims agains...

What is a Man in the Middle Attack?   After an unknown individual (“fraudster”) gained unauthorized access to  Fishobowl’s accountant, Ms. Wendy Williams’ e-mail account. Once inside  Ms. Williams’ e-mail account, the fraudster created certain “rules” to  redirect certain e-mail communications within the e-mail system. One  rule redirected e-mail communications containing...

This is Not a Ruling on Evidence & Is Not a Win for Insureds   In Marina Pacific Hotel And Suites, LLC, et al. v. Fireman’s Fund  Insurance Company, B316501, California Court of Appeals, (July 13, 2022)  the Court of Appeals was faced with a ruling on a demurrer without  leave to amend when the complaint alleged all elements required to  allege a cause of action. &nbsp...

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...

Drug Dealer Chiropractor Not Allowed into Pretrial Intervention Program

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...

Punching a Person in the Face is an Excluded Intentional Act   https;//zalma.com/blog Alphonso Williams, appealed a judgment granting the motion for summary  judgment of the defendant, ANPAC Louisiana Insurance Company ("ANPAC").  The trial court dismissed plaintiff's claims against ANPAC, finding the  intentional act exclusion in the insurance policy precluded coverage for &nb...

A Place to Learn Excellence in Claims Handling   Every Insurer is Obligated to Maintain a Professional Claims Staff   Your support will ensure Zalma on Insurance & ClaimSchool, Inc. can  continue to be produced with the quality you’ve come to expect, but also  to grow, expand, and evolve as well. You’ll be supporting ideas and  values you believe in, and directly...

Workers' Compensation Fraudster Settles Exposure & Find Failure to  Pay is Expensive  Arch-Concept Construction, Inc. and its president Dusan Lazetic appealed  from the Law Division's April 1, 2021 order enforcing the parties'  settlement agreement. Judge Linda Grasso Jones entered the order after  determining that defendants' performance of its obligations under the &...

Jury Instruction Misled Jury by stating that an "Official Act"  Existed  as a Matter of Law   https://zalma.com/blog 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 contributions, made to  Mike Causey, the elected Insurance Commi...

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 conce...

Umbrella Insurance is Only Obligated After Underlying Insurance is  Exhausted  Anthony DeSmet appealed from the summary judgment granted to Scottsdale  Insurance Company on his claim alleging that Scottsdale had acted in bad  faith in refusing to fulfill its responsibilities under the excess  uninsured-motorist coverage in its umbrella policy.  In Anthony Clarence Des...