Clear & Unambiguous Exclusions Must Be Enforced Post 4843 See the full video at https://rumble.com/v58gqbh-sexual-abuse-of-child-excluded.html  and at https://youtu.be/9DoJYoIxe20 The Plaintiff insurance company seeks a declaration that it has no duty to defend or indemnify Jacob Jackson or his wife, Stacy ..read more

Inflating On-The-Job Injury is Fraud Post 4841 See the full video at https://rumble.com/v584y8j-guilty-of-workers-compensation-fraud.html  and at https://youtu.be/ijuqk5x-Q5E A A jury found Waliullah Nazari guilty of two counts of making false and fraudulent statements for the purpose of obtaining workers’ compensation benefits and seven counts of attempted perjury under oath. In The People v. Waliullah Nazari, D081940, California Court of Appeals, Fourth District, First Division (July 18, 2024) the Court of Appeals affirmed the conviction because surveillance proved Nazari had lied to h ..read more

Conviction for Possession of a Stolen Vehicle Post 4840 See the full video at https://rumble.com/v57z21x-never-drive-a-stolen-vehicle-in-view-of-the-owner.html  and at https://youtu.be/Lgp19LcLlQM Go to my sites at https://barryzalma.substack.com/subscribe & https://zalma.com/blog Jennifer L. Martin appealed her possession of a stolen vehicle conviction, arguing that the allowed testimony violated the confrontation clause and the trial court erred in denying her hearsay objection during trial. The State concedes that it failed to prove Martin’s criminal history. Martin alleged prose ..read more

Insurance Bad Faith in Disguise Fails Post 4839 See the full video at https://rumble.com/v57ktrx-no-bad-faith-in-montana.html  and at https://youtu.be/a11N8nzJw_I Go to my sites at https://barryzalma.substack.com/subscribe & https://zalma.com/blog Health Care Services Corp. (HCSC) moved to dismiss a suit by an insured because Montana law precludes King’s breach of the implied covenant of good faith and fair dealing claim.  HCSC also argued that Montana statutory law prohibited King’s request for punitive damages and that the request should be stricken. In Justin King v. Health C ..read more

Insurance Should Never Apply to Indemnify Insured for its Intentional Acts Post 4838 See the full video at https://rumble.com/v57g2ed-agreement-to-settle-workers-compensation-does-not-compel-payment-for-intent.html  and at https://youtu.be/8T53kDeq3KQ Go to my sites at https://barryzalma.substack.com/subscribe & https://zalma.com/blog Slyvia Melania Tejada de Tapia was injured at work and filed a workers’ compensation claim against her employer, 74 Industries, Inc. (74 Industries), which was settled pursuant to an order approving settlement with dismissal under statute called the Sec ..read more

Discovery in Suits Against Insurers are Aggressive and Expensive Post 4837 See the full video at  https://rumble.com/v57b6q5-annoying-discovery-disputes.html and at https://youtu.be/F0vcm3FcawU The USDC conducted a discovery conference with the parties concerning their discovery disputes. Federal discovery rules are accorded a broad and liberal treatment to achieve their purpose of adequately informing litigants in civil trials. At some point discovery yields diminishing returns, needlessly increases expenses, and delays the resolution of the parties’ dispute. Finding a just and appropri ..read more

Roof Damage Insurance Disputes Resolved Post 4836 See the full video at https://rumble.com/v576kbn-insurance-policy-conditions-must-be-applied.html  and at https://youtu.be/3s4PGJI97ms Roof damage insurance disputes are common. April Point South Property Owner’s Association, claims that the insurer, Third Coast Insurance Company, owes over $1.8 million to repair hailstorm damage to 31 separate buildings in a condominium project. Third Coast investigated the claim and denied coverage. April Point disputed the denial. Both parties retained adjusters and experts. After the parties failed to ..read more

Victory Against Insurers Is Not Always Available Post 4835 See the full video at https://rumble.com/v572ba5-plaintiff-sat-on-his-rights.html  and at https://youtu.be/ZpLy3HlMR7E Many people and their lawyers believe that suing an insurance company that denies a claim is a guaranteed multi-million dollar successful lawsuit. However, courts don’t believe in such a certainty and require the litigants to promptly file their suit and allege facts that they can prove that supports their claims. In Azam Ahmed, individually and on behalf of all others similarly situated v. Cigna Health Managemen ..read more

D & O Policy Professional Services Exclusion Post 4830 See the full video at https://rumble.com/v566r02-no-coverage-for-anti-kickback-settlement.html   and at https://youtu.be/ClGvqPB068I The California Court of Appeals was asked to resolve a dispute over the applicability of  professional services coverage exclusions in directors and officers liability insurance policies. The policies were issued to Practice Fusion, Inc., a company that develops and licenses electronic health record software for use by healthcare providers. In Practice Fusion, Inc. v. Freedom Specialty Ins ..read more

  More to Help Insurers Create a Staff of Claims Personnel Committed to Excellence in Claims Handling with the full article only available to subscribers who subscribe to “Excellence in Claims Handling” at href=”https://barryzalma.substack.com/subscribe ..read more