Zalma on Insurance
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Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
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November 13, 2023

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May 09, 2025
Pro Se Plaintiff’s Frivolous Suit Dismissed

Suit Claiming Ex-President Attempted to Kill Plaintiff for Profit, Insurance Fraud, Assaults, Battery, and False Imprisonment Dismissed

Post 5070

See the full video at https://lnkd.in/gJ-rDMa8 and at https://lnkd.in/gG3ERkXB, and at https://zalma.com/blog plus more than 5050 posts.

In a suit entitled Ivette T Echenidue v. President Biden, et al., Civil Action No. 1:25-cv-00517 (UNA), Judge Chutkan of the United States District Court, District of Columbia (April 17, 2025) refused to acknowledge the claims of the plaintiff.

Judge Chutkan explained that Echenidue’s suit was before the court on its initial review of plaintiff’s pro se complaint. The court granted the in forma pauperis application and, for the reasons explained below, dismissed the case pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), by which the court is required to dismiss a case “at any time” it determines that the action is frivolous.

IS THE ACTION FRIVOLOUS?

Judge Chutkan noted that “A complaint must contain sufficient factual matter,...

00:09:00
May 08, 2025
Umbrella Policy Only Effective After Primary Policy is Exhausted

Workers’ Compensation Availability Eliminates Cover Under D&O Policy
Post 5069

Sexual Harassment in the Workplace is Subject to Workers’ Compensation Law

See the full video at https://lnkd.in/gMCSBEV3 and at https://lnkd.in/gdBcT9DW, and at https://zalma.com/blog plus more than 5050 posts.

Rice Enterprises, LLC (“Rice”) appealed the District Court’s order dismissing its claims for insurance coverage against Zenith Insurance Company and partially dismissing its claims against RSUI Indemnity Company. Rice argued the District Court erred in applying two exclusions from the Zenith policy and in finding that coverage under RSUI’s “Umbrella” policy had not been “triggered.”

In Rice Enterprises, LLC v. RSUI Indemnity Co and Zenith Insurance Company, No. 24-1880, United States Court of Appeals, Third Circuit (April 30, 2025) affirmed the decisions of the District Court.

FACTS

Rice operated eight McDonald’s franchises in Allegheny County, Pennsylvania. On September 21, 2021, Rice’s former employee, ...

00:08:13
May 07, 2025
There is no Free Lunch

Insured May Limit the Extent of UM Coverage Acquired

You Only Get What You Pay For

Post 5068

See the full video at https://lnkd.in/gqivVZD2 and at https://lnkd.in/gybKeWtf, or at https://zalma.com/blog plus more than 5050 posts.

Sonya Harness was employed as a home health nurse with Volunteer Staffing, Inc. On July 10, 2021, Ms. Harness was injured in a two-car collision while driving her vehicle in connection with her employment. She later sought uninsured motorist benefits under a business automobile liability policy issued to her employer.

In Sonya Harness v. John Mansfield et al., No. E2023-00726-COA-R3-CV, the Court of Appeals of Tennessee, Knoxville (April 30, 2025) resolved the dispute.

FACTS

Arguing that the uninsured motorist coverage in the business policy did not apply to the Ms. Harness’ accident, the insurer successfully moved for summary judgment.

At the time of the accident, she was driving her own vehicle, a Chevrolet Trax, within the course and scope of her employment. Ms. Harness had ...

00:07:59
April 30, 2025
The Devil’s in The Details

A Heads I Win, Tails You Lose Story
Post 5062

Posted on April 30, 2025 by Barry Zalma

"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ­­­Perpetrators than any Other Crime."

Immigrant Criminals Attempt to Profit From Insurance Fraud

People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.

The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...

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April 18, 2025
When a Plaintiff in an Insurance Bad Faith Case Seeks Punitive Damages The Plaintiff and Counsel Must Consider the Effect of State and Federal Income Taxes

Punitive Damages Must Be Added to Gross Income for Tax Purposes

See the full article at https://www.linkedin.com/pulse/punitive-damages-must-added-gross-income-tax-purposes-barry-n08yc and at https://zalma.com/blog plus subscribe at https://barryzalma.substack.com/subscribe.

This blog post is just a taste of the full article that is only available to subscribers to Excellence in Claims Handling. Anyone can subscribe to “Excellence in Claims Handling” at https://barryzalma.substack.com/subscribe for only $5 a month or $50 a year.

A TASTE OF EXCELLENCE IN CLAIMS HANDLING

The stated purpose of punitive damages is to punish a wrongdoer civilly to deter the wrongdoer and others from acting wrongfully. Insurance Bad Faith litigants dream of large punitive damage awards as a bonus and revenge upon the insurer that did not treat them fairly.

Punitive damages may be awarded where there is substantial harm and where there is none. [Restatement (First) of Torts § 908 cmt. c (Am. L. Inst. 1939); see also ...

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March 13, 2025

Read the full article at https://www.linkedin.com/pulse/duties-liabilities-insurance-brokers-barry-zalma-esq-cfe-mmpbc, if you Subscribe to “Excellence in Claims Handling” at https://barryzalma.substack.com/subscribe for only $5 a month or $50 a year.

Duties and Liabilities of Insurance Brokers

Posted on March 12, 2025 by Barry Zalma

Excellence in Claims Handling

This blog post is just a taste of the full article that is only available to subscribers to Excellence in Claims Handling. Anyone can subscribe to “Excellence in Claims Handling” at https://barryzalma.substack.com/subscribe for only $5 a month or $50 a year.

Cases in which insurance brokers’ liability is in question depend in part on whether brokers are seen to be serving a fiduciary role or simply acting as a conduit between the insured and the insurer.

A person or an entity is a fiduciary with respect to a plan to the extent:

he exercises any discretionary authority or discretionary control respecting management of such plan ...

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