Settlement 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 storyPro Se Plaintiff’s Qui Tam Suit Fails
Private Citizen May Not Compel Enforcement of a Criminal Law. Ronald Rothman appealed from an order of the District Court dismissing his complaint with prejudice and remanding a foreclosure proceeding to state court.
Read full storyWho's on First?
Insurer Files Interpleader to Allow Claim Payment to Proper Competing Claims Against Funds. In an interpleader action arising out of a jury trial in Hanover Am. Ins. Co. v Tattooed Millionaire Entertainment, LLC, No. 2:16-cv-02817-JPM-tmp (W.D. Tenn. 2016) (“Hanover I”). In Hanover I, a jury trial was held on “insurance claims submitted to Hanover [by Defendants in the instant case] in connection with a 2015 arson fire and alleged theft at the House of Blues recording studio located on Rayner Street in Memphis, Tennessee.”
Read full storyReal Property Damage Required for Defense
Breach of Construction Contract Not an Insured Peril. After the plaintiff’s motion for summary judgment was rejected and the defendant insurer’s motion for summary judgment was granted the plaintiff appealed. In Westchester Modular Homes Of Fairfield County, Inc. v. Arbella Protection Insurance Company, No. AC 45433, Court of Appeals of Connecticut (April 2, 2024) and the Court of Appeals resolved the dispute.
Read full storyTo Plead Fraud Plaintiff Must Identify Acts of Fraud
Richard Campfield, suing for the State of California, appealed the trial court sustained the demurrer of defendants Safelite Group, Inc. and its subsidiaries, Safelite Solutions LLC and Safelite Fulfillment, Inc. (collectively, Safelite) without leave to amend. Campfield contends he adequately alleged a cause of action under the Insurance Fraud Prevention Act (Ins. Code, § 1871 et seq.) (IFPA) within the statute of limitations.
Read full storyZalma's Insurance Fraud Letter - April 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.
Read full storyCompassion Not Available for Arsonist
In United States Of America v. Jonathan Paul Wiktorchik, Jr., No. 23-2564, USCA, 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 storyZalma's Insurance Fraud Letter - April 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.
Read full story