Zalma on Insurance

The Mortgage Clause to a Property Insurance Policy https://zalma.com/blog Contract language used in almost every state protects the mortgagee even when the named insured commits arson or in some other manner intentionally damages the property that is the subject of the insurance. The language of the standard mortgage clause exempts the named mortgagee from wrongful acts or omissions of the named i...

Breach of Warranty Can Cause a Policy to be Void https://zalma.com/blog A warranty in an insurance policy is a promise by an insured that a material fact is absolutely true. A breach of a warranty at the inception of a policy prevents the policy from attaching to the risk. Even if the court disagrees and finds no breach of warranty a good faith refusal to pay on the basis of breach of warranty wil...

How to Deal With The Polar Vortex & Other Catastrophes https://zalma.com/blog If your house was damaged or destroyed by the actions of the polar vortex, a wildfire, accidental fire, windstorm, flood, hurricane or earthquake, as a result of state declared catastrophes and you had a fire, homeowners, flood insurance, tenant’s homeowners or condominium policy you will be dealing with an insurance...

How to Deal With The Polar Vortex & Other Catastrophes https://zalma.com/blog If your house was damaged or destroyed by the actions of the polar vortex, a wildfire, accidental fire, windstorm, flood, hurricane or earthquake, as a result of state declared catastrophes and you had a fire, homeowners, flood insurance, tenant’s homeowners or condominium policy you will be dealing with an insurance...

https://zalma.com/blog If your house was damaged or destroyed by the actions of the polar vortex, a wildfire, accidental fire, windstorm, flood, hurricane or earthquake, as a result of state declared catastrophes and you had a fire, homeowners, flood insurance, tenant’s homeowners or condominium policy you will be dealing with an insurance adjuster to gain indemnity for your losses. You should rec...

Part One: Presenting a Claim How to Deal With The Polar Vortex & Other Catastrophes https://zalma.com/blog Presenting a Claim If your house was damaged or destroyed by the actions of the polar vortex, a wildfire, accidental fire, windstorm, flood, hurricane or earthquake, as a result of state declared catastrophes and you had a fire, homeowners, flood insurance, tenant’s homeowners or condomin...

An "Occurrence" Must Always be an Accident and Fortuitous for Coverage to Apply 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. It should be axiomatic in all third party liability cases that before there can be a duty to defend there must be an occurrence or accident so that the eve...

Failure to Prove an Accident Defeats Liability Insurance Claims https://zalma.com/blog The duty to defend is not limited to cases where the suit against the insured is viable. The duty extends to those that are brought against the insured that are bad, false, or fraudulent. In Wild v. Subscription Plus, Inc., 292 F.3d 526 (7th Cir. 05/31/2002) the Seventh Circuit was faced with a dispute over the...

"The Sleeze" https://zalma.com/blog The Sleaze was not a nice man. He learned the safe way to steal in prison. A Superior Court Judge had sentenced him to two years in state prison for forging his mother’s will. His cell mate, an armed robber bragged about his successful brother. The brother had found a new career claiming the theft of small pieces of jewelry on homeowners’ policies. Insurance com...

What is Tangible Property? https://zalma.com/blog A standard general liability insurer has a duty to defend and indemnify for a loss to tangible property only. The property loss section of these policies provides coverage for physical injury, loss, or destruction of tangible property, and the focus of the property damage coverage is the property itself. (Waller v. Truck Ins. Exchange, Inc., 11 Cal...

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...

National Flood Insurance Program https://zalma.com/blog Since floods are risks of loss seldom covered by typical property insurance policies, the U.S. Congress stepped in and created the National Flood Insurance Program, which is a separate flood insurance policy necessary to protect against the risk of loss by flood. The National Flood Insurance Act of 1968 created the National Flood Insurance Pr...

A Video Explaining The Multiple Philosophies that Establish Ethical Behavior From Hammurabi to Modern Philosophers for Insurance Professionals https://zalma.com/blog Ethics refers to well-founded standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues. Ethics, for example, refers to those stand...

A Fictionalized True Crime Story -- "The Hawaiian" https://zalma.com/blog One of many 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 Frau...

Consult Local Coverage Counsel When there Exists a Conflict Between Insurers Other Insurance Clauses https://zalma.com/blog  Where two or more insurance policies may be called upon to apply to a loss, conflicts may arise involving the three basic types of other insurance clauses. Since every state seems to apply other insurance clauses differently, regardless of type, it is the obligation of...

Almost all insurance written in the United States is backed by the assets of insurance companies. Some policies are issued by insurance exchanges like the now defunct Illinois Insurance Exchange and Lloyd’s, London, under which various individuals and corporations join together in an insurance marketplace to write insurance. https://zalma.com/blog Insurance companies operating in the United States...

Insuring Rental Property under a Homeowners Policy is Just Plain Stupid https://zalma.com/blog  It is axiomatic – a certainty – that most people do not read their insurance policies nor do they always use insurance to protect themselves properly. State Farm tried to help its insured. It explained to Paul Terrell and Rica Tseng that they needed a rental policy on their rental property and they...

The Homeowners Insurance Policy Handbook https://zalma.com/blog Of all insurance acquired in the United States, the most common is the homeowners policy and its sister the tenant’s policy that covers everything a homeowners policy covers but the structure. Homeowners insurance is nothing more than a contract between a person seeking insurance and an insurer who promises to protect the insured agai...

Exclusions to Coverage for Construction Defects 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 a...

Advertising Injury and the CGL Policy https://zalma.com/blog Patent Infringement Coverage Insureds accused of infringing patents that are incorporated into the structure of a product will often make claim on their CGL policy for defense and indemnity claiming that patent infringement is an “advertising injury” covered under the Personal Injury Coverage of the CGL. As a subset of the Personal Injur...

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...

Additional Construction Defects https://zalma.com/blog Flashing Defects Flashing failures typically are related to the following: improper design; detailing; materials selection; or improper installation. Joint Defects Joint defects in building facades and paving are generally related to sealant failures. Joints are protected against water penetration and air infiltration by use of sealant or mort...

Multiple Construction Defects https://zalma.com/blog Stucco Defects Traditional stucco is sometimes referred to as “cement stucco” because it is a siding material that is made of cement, sand, lime, and water. The traditional cement stucco system is durable because it covers a structure with a layer of rock by using a fine grained concrete, attached to a structure using a waterproof barrier paper,...

Water Intrusion, Plumbing Defects, Water Pipe Defects, PB pipes, Roofing Defects https://zalma.com/blog Structures, whether residential or commercial, are expected to be watertight. The only water that should enter a structure is that which serves domestic water needs for baths, sinks, toilets, washing machines, dishwashers, and other water-using appliances. Damages from water intrusion can range...

Water Intrusion, Plumbing Defects, Water Pipe Defects, PB pipes, Roofing Defects https://zalma.com/blog Structures, whether residential or commercial, are expected to be watertight. The only water that should enter a structure is that which serves domestic water needs for baths, sinks, toilets, washing machines, dishwashers, and other water-using appliances. Damages from water intrusion can range...