Insurance Law

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Stupid Facts Make For Interesting Law – No Fault Auto Insurance is a Contract of Personal Indemnity
Posted on 26 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurance policies do not insure property. Insurance policies do not insure cars. Insurance policies, much to the surprise of the uninitiated, insure people against certain risks of loss specified in a policy... Read More

An Apple Can Never Be An Orange – Regular Use Exclusion Effective
Posted on 30 Oct 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant Erie Insurance Exchange ("Erie") appealed to the Superior Court of Pennsylvania from the grant of summary judgment in favor of Patrick and Daryl Rother ("Mother") in a declaratory judgment... Read More

No Coverage For Participant In Drag Race
Posted on 13 Sep 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant "Chutzpah" - Filing Suit for Speed Contest Injuries The danger of operating a motor vehicle in a race on city streets is obvious and well known. No insurer writes an insurance policy against injuries... Read More

The Right to Stack UM Coverage Can Be Waived
Posted on 27 Aug 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle... Read More

It is Important to Honor Substance Over Form
Posted on 30 Apr 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass... Read More

Policy Limits Are Policy Limits – The Policy Says Only What It Says
Posted on 17 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Just because, after an accident, an insured wishes he had higher policy limits does not mean the insured can change the language of a policy. That does not stop them from trying. In Paul Davis and Sarah K. Davis... Read More

  • Blog Post: Policy Limits Are Policy Limits – The Policy Says Only What It Says

    By Barry Zalma, Attorney and Consultant Just because, after an accident, an insured wishes he had higher policy limits does not mean the insured can change the language of a policy. That does not stop them from trying. In Paul Davis and Sarah K. Davis v. Travelers Property Casualty Company of America...
  • Blog Post: Stupid Facts Make For Interesting Law – No Fault Auto Insurance is a Contract of Personal Indemnity

    By Barry Zalma, Attorney and Consultant Insurance policies do not insure property. Insurance policies do not insure cars. Insurance policies, much to the surprise of the uninitiated, insure people against certain risks of loss specified in a policy. Therefore, if a person has an automobile insurance...
  • Blog Post: It is Important to Honor Substance Over Form

    By Barry Zalma, Attorney and Consultant In the Maryland motor vehicle insurance law, the phrase "first named insured" makes what the Court of Appeals of Maryland calls "a cameo appearance" in Kelly Swartzbaugh, et al. v. Encompass Insurance Company of America , No. 100 (Md. 04/25...
  • Blog Post: The Right to Stack UM Coverage Can Be Waived

    By Barry Zalma, Attorney and Consultant People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle with their insurer. The Pennsylvania statutes allow...
  • Blog Post: No Coverage For Participant In Drag Race

    By Barry Zalma, Attorney and Consultant "Chutzpah" - Filing Suit for Speed Contest Injuries The danger of operating a motor vehicle in a race on city streets is obvious and well known. No insurer writes an insurance policy against injuries caused by participation in such a dangerous risk...
  • Blog Post: An Apple Can Never Be An Orange – Regular Use Exclusion Effective

    By Barry Zalma, Attorney and Consultant Erie Insurance Exchange ("Erie") appealed to the Superior Court of Pennsylvania from the grant of summary judgment in favor of Patrick and Daryl Rother ("Mother") in a declaratory judgment action involving the applicability of the regularly...