Public Policy is Vague and Uncertain
Courts Should Not Counter the Work of the Legislature by Use of “Public Policy”. Artemiz Freeman sought to collect uninsured/underinsured motorist benefits under her policy with appellant Progressive County Mutual Insurance Co. (“Progressive”).
Read full storyUnique Insurance Fraud In Louisiana
Three Cases Dismissed Because of Suit Against an Insurer who Did Not Insure the Plaintiff. Texas Law Firm McClenny, Moseley & Associates (MMA) has had serious problems with the US District Courts in Louisiana and what appears to be an effort to profit from what some Magistrate and District judges indicate may be criminal conduct to profit from insurance claims relating to hurricane damage to the public of the state of Louisiana. In April and May several cases have been the subject of motions for Summary Judgment from insurers who were sued by MMA who was sanctioned by the District Courts and new lawyers took over the cases only to find the plaintiffs had no right to sue since they were not insured by the insurer defendants. For a representative sample note the information from the following three cases:
Read full storyOfficer Immune from Suit
Insurance for State of Delaware Waives Sovereign Immunity. On February 15, 2023, Kimberly Letke (“Plaintiff”) filed a pro se Complaint against Defendant Matthew Sprinkle (“Sprenkle”) for defamation and malicious prosecution. On October 3, 2023, Plaintiff filed another Complaint added Defendants Cpl. Tyler Beulter of the DNREC police (“Beulter”) and the Attorney General of Delaware, Kathleen Jennings (“Jennings”), in which she added three additional claims: false arrest and violations of public trust, unlawful detention, and violations of her rights under the Fourth Amendment to the United States Constitution.
Read full storyOvercharge of Force Placed Insurance Defense to Foreclosure
Force Placed Insurance Charges Allow Special Defense to Foreclosure. In an action to foreclose a mortgage the trial court granted in part the plaintiff’s motion to strike the defendant’s special defenses and counterclaim; subsequently, the court, Cirello, J., granted the plaintiff’s motion for summary judgment as to liability only; thereafter, the court, Spader, J., rendered judgment of foreclosure by sale, and the defendant appealed.
Read full storyInsureds Must Negotiate Terms of Coverage Before Inception
Litigation is an Improper Method to Negotiate Insurance Coverage. Read the full article at https://lnkd.in/dztfuAhr, #see the full video at https://lnkd.in/dgGX_AST and at https://lnkd.in/d3hTb6ZK and at https://zalma.com/blog plus more than 4800 posts.
Read full storyLender Must Elect To Take Insurance Proceeds
If Lender Approves Use of Insurance Funds to Repair It Cannot Claim it was Damaged. Read the full article at https://lnkd.in/g-_-Pade, see the Full Video at https://lnkd.in/gfXQb2Kh and at https://lnkd.in/gx-522a9 and at https://zalma.com/blog plus more than 4750 posts.
Read full storyNo Meeting of Minds No Contract
Blank Space on Contingency Fee Agreement Makes it Unenforceable. Attorney Richard Schicker sued a former client, Brandi Cady, seeking payment for attorney fees under a contingency fee agreement. The district court dismissed Schicker’s complaint, finding that there had been no meeting of the minds during the formation of the agreement and thus there was no valid, enforceable contract.
Read full storySettlement Unenforceable Because Insurer Lied to Plaintiff
Plaintiff Entitled to Know All Insurance Available. Read the full article at https://lnkd.in/gj9GfkNK, see the full video at https://lnkd.in/gBzhkxnV and at https://lnkd.in/gyWVW89G, and https://zalma.com/blog plus more than 4750 posts.
Read full storyBuilding That Could Collapse is Not a Covered Collapse
Fairly Debatable Claim Defeats Charge of Bad Faith. Post 4794On May 7, 2019, Saddletree Holding, LLC (Saddletree) filed an insurance claim for damages sustained to its building located in Upton, Wyoming (the Building). The Building was used as a community events center. Following a winter of heavy snowfall, Saddletree discovered that the Building’s steel support columns had buckled two or more inches and the roof had deflected downward approximately six inches. The Building was insured by Evanston; Markel was the claims processor.
Read full storyLies on Insurance Application Expensive
False Statement on Application Requires Rescission. Plaintiff Kimberli Orr obtained no-fault automobile insurance from defendant USA Underwriters and was involved in an automobile collision. Defendant denied plaintiff's claim for benefits because it discovered that plaintiff made material misrepresentations on her application for insurance. Defendant argued that it was entitled to rescind and void plaintiff's insurance policy, and the trial court granted defendant summary disposition.
Read full storyZalma’s Insurance Fraud Letter – May 1, 2024
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. This issue contains the following articles:
Read full storyCriminal’s Money Stays With State
Assets Forfeited to State are not Subject to Attachment. Read the full article at https://lnkd.in/gXHrXC9z, see the full video at https://lnkd.in/gCnFTf3N and at https://zalma.com/blog plus more than 4750 posts.
Read full storyTelling the Truth Can’t Be Defamatory
After Health Provider Entity’s Management is Arrested for Fraud Reporting Suspicion to Beneficiaries is not Defamation. It is Chutzpah to Charge Defamation About a True Statement.
Read full storyIt is Nuts to Assume You are Covered
Kimberly Rogers appealed from a judgment of the Fayette Circuit Court granting Lyft, Inc.’s motion for summary judgment, Allstate Insurance Company’s motion for summary judgment, and Erie Insurance Exchange’s motion for judgment on the pleadings. In Kimberly Rogers v. Erie Insurance Exchange; Allstate Insurance Company; and LYFT, Inc., No. 2023-CA-0447-MR, Court of Appeals of Kentucky (April 19, 2024) the Court of Appeals resolved the dispute.
Read full storyAgent Binds Principal
(c) 2024 by Barry Zalma as Digest of Appellate decision. IBrandon Lawrence appealed the trial court’s order finding Progressive Northern Insurance Co. (Progressive) made a valid, meaningful offer of underinsured motorist (UIM) coverage to his agent, Ashley Outlaw.
Read full storyAssets Forfeited as Restitution for Murder for Profit
Insurance Companies are Victims When Wife Killed for Insurance Money. Appellate decision digested by Barry Zalma, Esq., March 23, 2024. Secondary Beneficiaries Have No Right to Insurance Proceeds Obtained by Father as a Result of Murder of Mother.
Read full storyCriminal Tries to Get Out of Sentence
Robert Sitler appealed from the order that dismissed his petition filed pursuant to the Post Conviction Relief Act (“PCRA”). A jury found him guilty of homicide by vehicle and the trial court, sitting without a jury.
Read full storyUnclear Language in Policy Interpreted in Favor of Property Owner
Homeowner Is Found to be a Beneficiary of Forced Placed Insurance. Keith Rath was unhappy with Arch Insurance Company over coverage for damage from the Derecho (windstorm) that hit Cedar Rapids in 2020. Rath’s bank holding a security interest in his home contracted with Arch to obtain a force-placed policy after Rath’s homeowners insurance lapsed. When Rath sued Arch for breach of contract and related claims, Arch argued that he had no right to sue because Rath was not an intended third-party beneficiary of the contract between Arch and the bank.
Read full storyMan Bites Dog & Dog Bites Back
Third Circuit Compels Arbitration of IFPA Qui Tam Claims. The Insurance Fraud Prevention Act (IFPA) allows insurers to sue health care providers pursuing insurers with assignments of benefits from personal injury protection (PIP) claims (no fault insurance) on behalf of the state. GEICO did so against multiple health care providers who asked the court to compel GEICO to arbitrate each potential fraud claim.
Read full storyZalma’s Insurance Fraud Letter – April 15, 2024
Zalma’s Insurance Fraud Letter – April 15, 2024. In United States Of America v. Jonathan Paul Wiktorchik, Jr., No. 23-2564, United States Court of Appeals, Third Circuit (March 25, 2024) Federal Prisoner Jonathan Wiktorchik appealed, acting as his own lawyer, from the District Court’s denial of his motion for compassionate release.
Read full story