Insurance Law

Recent Posts

No Surprise – Raw Sewage Is A Pollutant
Posted on 4 Apr 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Colorado Court of Appeal was called upon to determine whether an "absolute pollution" exclusion (APE) applied to a suit for bodily injuries exposed to raw sewage. Plaintiffs, Shadi Figuli, Joshua... Read More

Wasteful Litigation – Failure To Read Policy No Excuse
Posted on 26 Nov 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurance is, and has always been a contract. In modern practice insurance policies are written in easy to read language that requires nothing more than a fourth grade education to understand. Regardless,... Read More

CGL Exclusion for Injuries to Children Ambiguous in Florida
Posted on 21 Jul 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant The most difficult task faced by an underwriter, and those representing underwriters, is to write insurance policy provisions in clear and unambiguous language. It has become even more difficult when the underwriter... Read More

The Grim Reaper Pays Nothing: Body Lost – Suit Follows
Posted on 6 Mar 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The U.S. District Court for the Eastern District of Michigan was asked to grant Defendant Netherlands Insurance Company's Motion for Summary Judgment. Plaintiffs filed suit for declaratory relief and sought... Read More

An Effective Assault & Battery Exclusion
Posted on 15 Aug 2011 by Barry Zalma

Barry Zalma, Attorney and Consultant Artful Pleading Fails Insurers who insure bars and other places where alcoholic beverages are sold are loathe to insure the bar against liability for bar room fights, acts of security personnel (bouncers) or any... Read More

  • Blog Post: CGL Exclusion for Injuries to Children Ambiguous in Florida

    By Barry Zalma, Attorney and Consultant The most difficult task faced by an underwriter, and those representing underwriters, is to write insurance policy provisions in clear and unambiguous language. It has become even more difficult when the underwriter is required to use language that is "easy...
  • Blog Post: An Effective Assault & Battery Exclusion

    Barry Zalma, Attorney and Consultant Artful Pleading Fails Insurers who insure bars and other places where alcoholic beverages are sold are loathe to insure the bar against liability for bar room fights, acts of security personnel (bouncers) or any form of assault or battery. Plaintiffs' lawyers...
  • Blog Post: The Grim Reaper Pays Nothing: Body Lost – Suit Follows

    By Barry Zalma, Attorney and Consultant The U.S. District Court for the Eastern District of Michigan was asked to grant Defendant Netherlands Insurance Company's Motion for Summary Judgment. Plaintiffs filed suit for declaratory relief and sought coverage under a cemetery's insurance policy...
  • Blog Post: No Surprise – Raw Sewage Is A Pollutant

    By Barry Zalma, Attorney and Consultant The Colorado Court of Appeal was called upon to determine whether an "absolute pollution" exclusion (APE) applied to a suit for bodily injuries exposed to raw sewage. Plaintiffs, Shadi Figuli, Joshua Figuli, and Jean Chu, appealed the district court's...
  • Blog Post: Wasteful Litigation – Failure To Read Policy No Excuse

    By Barry Zalma, Attorney and Consultant Insurance is, and has always been a contract. In modern practice insurance policies are written in easy to read language that requires nothing more than a fourth grade education to understand. Regardless, the public still believes they are difficult to read...