Ethics and the Reservation of Rights
Post 4867
https://www.linkedin.com/pulse/covenant-good-faith-ethical-doctrine-barry-zalma-esq-cfe-mvcnf/
September 5, 2024
Posted on September 5, 2024 by Barry Zalma
See the full video at and at https://youtu.be/yhR2vLQ4vAc
An insurer that reserves its rights under a policy of An insurer that reserves its rights under a policy of insurance will usually raise a request by the insured for independent counsel. However, unless the reservation actually raises the need for the application of the ethical duty of an attorney to avoid representing conflicting interests, there is no obligation to retain independent counsel. If that duty exists independent counsel is required. If there is no conflict the insurer may assert its right to control the defense of the insured with counsel of its choice.
FACTUAL BACKGROUND
In Federal Insurance Company v. MBL, Inc., 219 Cal.App.4th 29, after soil and groundwater ...
ABSOLUTE IMMUNITY FOR COMPLAINTS TO DMV
Complaints Filed By The Defendants With The Department Of Motor Vehicles Were Entitled To Absolute Immunity
Post number 5312
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In Modzelewski’s Towing & Storage, Inc., et al. v. Government Employees Insurance Company et al., No. AC 47933, Court of Appeals of Connecticut (March 24, 2026) Modzelewski’s Towing & Storage, Inc., Chris’ Auto Clinic, LLC, MyHoopty.com, LLC, and Farmington Auto Park, LLC, initiated an action seeking damages for tortious interference with business expectancies and other relief. The dispute arose after complaints were filed against them by Government Employees Insurance Company (GEICO) and individual defendants John P. Vaz and Patrick Capri with the Connecticut Department of Motor Vehicles. The plaintiffs alleged that these complaints interfered with their business relationships.
LEGAL ISSUES
The central legal issue ...
DE FACTO PARTNERSHIP AFFIRMED
Implied In Fact Contract Can Only Exist However Where There Is No Express One
Post number 5311
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In Ronald Daigneault v. Danielle Kolashuk et al., No. AC 47259, Court of Appeals of Connecticut (March 24, 2026) Daigneault, owned and operated an auto repair business for approximately twenty-eight years. During this period, he and his daughter, the defendant D (Danielle Kolashuk), jointly operated the business. D’s husband owned Auto Magic, LLC (“A Co.”), which periodically stored towed vehicles on the business property. Disputes arose regarding the nature of the business relationship between the plaintiff and D, the use of business accounts, and payment for vehicle storage.
FACTUAL BACKGROUND
Ronald The plaintiff initiated an action seeking damages for, among other things, statutory theft and ...
Arrest for Insurance Fraud is not a Violation of Constitutional Rights
Court Give Plaintiffs Acting as their Own Lawyer a Second Chance
Post number 5310
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In Arin Sutton et al v. Lori Pozuelos et al., No. 5:25-cv-03544-MRA-MAR, United States District Court, C.D. California (March 20, 2026) Plaintiffs Darin Sutton and Youtha Baker, proceeding pro se and in forma pauperis, initiated a civil rights action under 42 U.S.C. § 1983 against multiple defendants, including Lori Pozuelos, in the United States District Court for the Central District of California.
FACTUAL BACKGROUND
Plaintiffs allege violations of their constitutional rights, though the complaint’s factual allegations are stated in general terms and lack specific detail as to the actions of each defendant.
Plaintiffs are independent contractors who completed work in Missouri. ...
Posted on March 30, 2026 by Barry Zalma
Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313
A Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story helps 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.
She Taught Her Customers The Swoop And Squat:
Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.
Her defense ...
Insurance Condition Requires Following the Intent of the Parties
Post number 5307
Principles of Contract Interpretation Compels Reading Contract as Written
Read the full article at https://www.linkedin.com/pulse/portable-storage-containers-buildings-barry-zalma-esq-cfe-fkg1c and at https://zalma.com/blog.
In Eastside Floor Supplies, Ltd. v. SCS Agency, Inc., Hanover Insurance Company, et al., No. 2024-01501, Index No. 609883/19, 2026 NY Slip Op 01488, Supreme Court of New York, Second Department (March 18, 2026)
In May 2019, a fire damaged business personal property belonging to the plaintiffs, which was stored in portable storage containers at their Manhattan premises. At the time of the fire, the plaintiffs were insured under a businessowners insurance policy (BOP) issued by the defendant Hanover Insurance Company which provided general coverage for business personal property, and which included a specific extension for “Business Personal Property Temporarily in Portable Storage Units” (the portable storage ...
Insurance Condition Requires Following the Intent of the Parties
Post number 5307
Principles of Contract Interpretation Compels Reading Contract as Written
Read the full article at https://www.linkedin.com/pulse/portable-storage-containers-buildings-barry-zalma-esq-cfe-fkg1c and at https://zalma.com/blog.
In Eastside Floor Supplies, Ltd. v. SCS Agency, Inc., Hanover Insurance Company, et al., No. 2024-01501, Index No. 609883/19, 2026 NY Slip Op 01488, Supreme Court of New York, Second Department (March 18, 2026)
In May 2019, a fire damaged business personal property belonging to the plaintiffs, which was stored in portable storage containers at their Manhattan premises. At the time of the fire, the plaintiffs were insured under a businessowners insurance policy (BOP) issued by the defendant Hanover Insurance Company which provided general coverage for business personal property, and which included a specific extension for “Business Personal Property Temporarily in Portable Storage Units” (the portable storage ...
