Insurance Law

Recent Posts

Absolute Immunity – Insurance Criminal May Not Sue State Officers
Posted on 9 Jan 2013 by Barry Zalma

By Barry Zalma, Attorney and Consultant States are called upon to enforce sanctions against insurance agents and brokers who violate the law and defraud the public. In doing so they act as both police agencies and administrative agencies dealing... Read More

Colorado Allows Doctor’s Billing Rather Than True Value of Services
Posted on 2 May 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Supreme Court of Colorado was asked to review an unpublished decision of the Court of Appeal in in Sunahara v. State Farm Mutual Automobile Insurance Co. , No. 09CA0599, slip op. (Colo. App. May 6, 2010) ... Read More

Med Pay Is For Benefit Of Injured
Posted on 4 May 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant Patricia Meleski appealed a trial court's non-final order dismissing on summary judgment her bad-faith claims against Partners Mutual Insurance Company. In Patricia Meleski v. Schbohm LLC and Partners Mutual... Read More

No ERISA Preemption for Unfair Insurance Practices in Montana
Posted on 24 Oct 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974... Read More

Duty to Settle Requires a Willing Plaintiff – No “Bad Faith” Failure to Settle
Posted on 5 Jul 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant In March I posted an article on the need to put a stake through the heart of the tort of bad faith . The post that follows deals with a case that supports the position I took in that post and makes me wonder... Read More

Free Zalma’s Insurance Fraud Letter May 1, 2012
Posted on 1 May 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant In this, the ninth issue of the 16th year of publication Zalma's Insurance Fraud Letter (ZIFL), ZIFL reports on: 1. Barry Zalma reports on an interesting appellate decision that convicted a person for failing... Read More

The Failure of Punitive Damages
Posted on 8 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant The Reasons for Punitive Damages Civil juries have a difficult enough time establishing appropriate numbers to indemnify a plaintiff so that he or she is back the way he or she was before the incident. To... Read More

Trusted Insurance Broker Steals From Friends, Relatives and Fellow Congregants – Nine Years in Prison
Posted on 30 Nov 2011 by Barry Zalma

Walter Marion Williams pleaded guilty to one count of mail fraud, in violation of 18 U.S.C. § 1341 , and was sentenced to a term of 108 months' imprisonment to be followed by 3 years of supervised release. Williams appealed from his sentence... Read More

Insurer Avoids Liability for Agent’s Fraud
Posted on 25 Aug 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant Contract between Agent and Insurer The relationship between insurance agents and brokers with insurers is based upon the contract between the insurer and the agent or broker. When the agent or broker breaches... Read More

Wager On Life Is Void -- Insurance Requires Insurable Interest
Posted on 30 Sep 2011 by Barry Zalma

By Barry Zalma, Attorney and Consultant It is the essence of insurance that for insurance to exist the person insured must have an insurable interest in the property or life insured. Life insurance insurable interest can be defined as an interest... Read More

State Supporters of Terrorism Must Pay Insurers - Judgment for Insurers Against Syrian Government
Posted on 30 Jan 2012 by Barry Zalma

By Barry Zalma, Attorney and Consultant Several insurers who paid for an airliner after a 1985 hijacking sued state sponsors of terrorism to recover, in subrogation, what they had to pay the owners of the airliner destroyed by terrorists. In Certain... 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

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