ZIFL Volume 27, Issue 7 See the full video at https://rumble.com/v2fmoze-zalmas-insurance-fraud-letter-april-1-2023.html and at https://youtu.be/J8efTOAEWco The Source For Insurance Fraud Professionals Louisiana and Texas Charge Public Adjuster Not an April Fools Story Andrew Joseph Mitchell, was indicted by a grand jury in Kimble County, Texas on a second-degree forgery charge for allegedly signing the names of property owners on settlement checks so he could keep the funds for himself. Mitchell is currently jailed in Louisiana after being charged with running a similar scheme in Louisiana ..read more

No Contract Compelling Arbitration Between Insurer and Insured No Arbitration See the full video at https://rumble.com/v2fhaf8-non-signatory-to-agreement-cant-compel-arbitration.html  and at https://youtu.be/ScCmdxVoJTw In Alex Weingarten v. Certain Underwriters At Lloyd’s, London Subscribing To Policy Number IML-0114N0-190029, B321148, California Court of Appeals, Second District, Fourth Division (March 23, 2023) Certain Underwriters at Lloyd’s, London (Lloyd’s Underwriters) appealed from the trial court’s order denying their motion to compel arbitration of plaintiff Alex Weingarten’s c ..read more

Satisfaction of Mortgage Eliminates Right of Mortgagee to Recover from Homeowners Policy See the full video at https://rumble.com/v2f6d7o-mortgagee-has-no-right-to-insurance-proceeds-after-debt-paid.html and at https://youtu.be/5YPVlG8p1rU In Thomas P. Williams, Sr. v. Nationwide Insurance a/k/a Nationwide Mutual Insurance Company, Civil Action No. 22-1090, United States District Court, E.D. Pennsylvania (March 24, 2023) Nationwide denied the claim of its insured because they failed to comply with the Policy’s post-loss duties by failing to appear for scheduled examinations, not producing req ..read more

WILFUL ACT EXCLUDED BY CALIFORNIA STATUTE See the full video at https://rumble.com/v2f0w4e-intentional-and-inherently-or-predictably-harmful-conduct-cannot-be-covered.html and at https://youtu.be/bJgXcnZCUAM Markel American Insurance Company (“Markel”) issued a management liability policy to United Talent Agency (“UTA”). UTA was sued by a competitor, Creative Artists Agency (“CAA”) for allegedly stealing its clients and employees. Markel declined coverage for the action, based on the policy’s professional liability exclusion and California Insurance Code § 533, which provides that “[a]n insur ..read more

Occupancy Provision Prevents Coverage for Insured Injured as a Pedestrian See the full video at https://rumble.com/v2eqo7y-no-contact-with-vehicle-no-coverage.html  and at https://youtu.be/u1pG63KgYMc George Mims was injured when he was struck by an automobile while walking toward his own vehicle. At the time of the accident Mims had no contact with his vehicle, either before or after the accident, and there was no causal connection between his vehicle and the injuries he suffered. In George Mims; Cecilia Mims v. USAA Casualty Insurance Company, No. 21-1654, United States Court of Appeal ..read more

Forum Non Conveniens Dismissal Is Not A Judgment On The Merits See the full video at https://rumble.com/v2el72o-broker-only-agent-of-insured.html and at https://youtu.be/hKu4Ps_HcXw The Fifth Circuit Court of Appeals resolved insurance issues concerning cable-damage in the Arabian Gulf by recognizing the difference between a broker and an agent, the place where – and to whom – a policy was delivered, and how to deal with the issue personal jurisdiction the court has over the parties and that a forum non conveniens dismissal is not a judgment on the merits; it is, instead a determination that ..read more

Claims Made Policy May Not Respond to Claims Made After Expiration of the Policy See the full video at https://rumble.com/v2eamuc-failure-of-lawyer-to-report-claim-fatal-to-coverage.html  and at https://youtu.be/zXQSOOxKzrE Twin City Fire Insurance Company sold a malpractice insurance policy to John S. Xydakis, an attorney and one of the Defendants. Xydakis made claims under the policy based on lawsuits and motions filed against him in Illinois state court. Twin City sought a declaratory judgment that it owes no insurance coverage to Defendants for these claims or, in the alternative, re ..read more

MCS-90 Is a Surety Agreement Different from the Insurance Policy See the full video at https://rumble.com/v2dzulg-mcs-90-endorsement-not-insurance.html  and at https://youtu.be/LrjPKYEFt0M An insurer and tort claimants dispute the insurer’s maximum theoretical liability under a surety agreement. In Wesco Insurance Company v. Edward Eugene Rich, as wrongful death beneficiary of LaDonna C. Rich, Deceased; Edward Shayne Rich, as wrongful death beneficiary of LaDonna C. Rich, Deceased, No. 22-60283, United States Court of Appeals, Fifth Circuit (January 12, 2023) resolved the dispute over th ..read more

One Year Suit Provision Defeats Late Suit See the full video at https://rumble.com/v2dkrps-no-breach-of-contract-no-bad-faith.html and at https://youtu.be/V61YWSTcE7s GEICO Marine Insurance Company sued Lee Mandel seeking a declaratory judgment as to the rights and obligations of the parties under two yacht insurance policies. In GEICO Marine Insurance Company v. Lee Mandel, No. 19-CV-3107 (GRB)(AYS), United States District Court, E.D. New York (March 10, 2023) the USDC dealt with the private limitation of action provision of the GEICO policy and the late demand for appraisal. FACTS Lee Mande ..read more

Convicted Insurance Fraud Felon Must Stay in Jail See the full video at https://rumble.com/v2dkckk-arsonist-acting-as-his-own-lawyer-fails.html and at https://youtu.be/4moG6M9DkK0 Charles Moss, a federal inmate proceeding pro se, appealed the district court’s dismissal of his habeas corpus petition for lack of statutory jurisdiction. In Charles Moss v. D. Jones, Acting Warden, No. 22-1210, United States Court of Appeals, Tenth Circuit (February 21, 2023) the Tenth Circuit gave respect to a pro se appellant and showed he failed in his attempt to get out of jail. BACKGROUND Moss played a role i ..read more