Zalma on Insurance
Education • Business
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.
Interested? Want to learn more about the community?
May 02, 2025
Pre-Suit Notice to Hospital Required

Failure to Comply with Tort Claims Act Defeats Suit

Post 5064

Read the full article at https://www.linkedin.com/pulse/pre-suit-notice-hospital-required-barry-zalma-esq-cfe-is3hc, see the full video at https://rumble.com/v6stk1f-pre-suit-notice-to-hospital-required.html and at https://youtu.be/EYCmc8GLcIo, and at https://zalma.com/blog plus more than 5050 posts.

In April Holifield And Jeffery Holifield v. Highland Community Hospital, No. 2023-CA-01342-COA, Court of Appeals of Mississippi (April 15, 2025) the Court of Appeals highlighted the issues surrounding proper notice under the Mississippi Tort Claims Act (MTCA) and the relationship between HCH and Forrest General Hospital (FGH).

FACTUAL BACKGROUND

Filing of Complaint

The Holifields filed a medical-negligence complaint against HCH on April 5, 2023, for injuries sustained during a procedure on November 5, 2021. Prior communication with HCH’s insurer was initiated by their attorney in January 2022.

Notice of Claim Issues

A notice-of-claim letter was sent to HCH on October 5, 2022, but there was uncertainty regarding its receipt. After discovering a change in administration, a new letter was delivered to the current administrator on October 28, 2022.

HCH’s Defense

HCH moved to dismiss the case on May 24, 2023, claiming it is not a separate entity from FGH and thus not capable of being sued under the MTCA.

Plaintiffs’ Motion to Amend

The plaintiffs sought to amend their complaint to substitute FGH for HCH, asserting that both entities received proper notice. HCH countered that FGH had not received any notice, and the statute of limitations had expired.

Trial Court’s Ruling

The circuit court denied the motion to amend on October 30, 2023, stating that HCH is a division of FGH and that the plaintiffs failed to serve proper notice to FGH’s chief executive officer before the statute of limitations expired.

DISCUSSION

Both of the trial court’s rulings at issue on appeal require a determination whether the Holifields properly served presuit notice on FGH in accordance with the MTCA.

One does not have to be a lawyer to sense that the organization, funding and operation of Memorial Hospital at Gulfport are matters capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

In the context of an MTCA case, pre-suit notice either does or does not occur prior to the filing of a complaint. There is little that can be pleaded in an amended complaint that can cure the failure to give proper pre-suit notice of an MTCA claim. The Holifields did not provide the statutorily required notice to FGH under the MTCA. The Court of Appeals concluded that trial court did not err in denying the motion to amend the complaint.

APPEAL OUTCOME

The Court of Appeals affirmed the dismissal, emphasizing that the failure to provide notice under the MTCA warranted dismissal of the case with prejudice.

The circuit court granted HCH’s motion to dismiss or for summary judgment and entered a final judgment of dismissal with prejudice on October 31, 2023. The circuit court also addressed the Mississippi Supreme Court’s recent holding in University of Mississippi Medical Center v. Aycock, 369 So.3d 534 (Miss. 2023), that although the plaintiffs there had “never filed the statutorily required notice with the hospital’s chief executive officer,” the case should be remanded to allow plaintiffs an opportunity to “establish equitable estoppel or waiver based on the medical center’s conduct by competent evidence.” The trial court concluded that Aycock was “distinguishable” because the Holifields “had no communication with FGH (only with a claims representative working on behalf of FGH),” and “HCH committed no acts or made no communicat[ions] which could have given Plaintiffs occasion to say they ‘relied’ upon such acts or communications in good faith or to their detriment.”

ZALMA OPINION

States, like Mississippi enacted statutes limiting suits against doctors and hospitals unless the plaintiff first gives written notice to the Defendant(s) of the intent to sue and providing an opportunity to create an opportunity for an early settlement. The plaintiffs failed to give notice to the correct parties before filling suit, a statutory condition precedent to maintaining a suit against the hospitals.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://barryzalma.substack.com/subscribe

Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://lnkd.in/gwEYk

00:06:59
Interested? Want to learn more about the community?
What else you may like…
Videos
Posts
September 05, 2025
Interpleader Helps Everyone Potential Claimant to Insurance Proceeds

Interpleader Protects All Claimants Against Life Policy and the Insurer

Who’s on First to Get Life Insurance Proceeds

Post 5184

See the full video at https://lnkd.in/gyxQfnUz and at https://lnkd.in/gAd3wqWP, and at https://zalma.com/blog plus more than 5150 posts.

Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gRthzSnT; Go to Barry Zalma on YouTube- https://lnkd.in/g2hGv88; Go to the Insurance Claims Library – https://lnkd.in/gwEYk.
Interpleader Protects All Claimants Against Life Policy and the Insurer

In Metropolitan Life Insurance Company v. Selena Sanchez, et al, No. 2:24-cv-03278-TLN-CSK, United States District Court, E.D. California (September 3, 2025) the USDC applied interpleader law.
Case Overview

This case involves an interpleader action brought by the Metropolitan Life Insurance Company (Plaintiff-in-Interpleader) against Selena Sanchez and other defendants (Defendants-in-Interpleader).

Key Points

Plaintiff-in-Interpleader’s Application:

The Plaintiff-in-Interpleader...

00:06:34
September 05, 2025
Demands for Reasons for Termination not a “Claim”

A Claim by Any Other Name is not a Claim
Post 5182

It is Imperative that Insured Report Potential Claim to Insurers

Read the full article at https://lnkd.in/gfbwAsxw, See the full video at https://lnkd.in/gea_hgB3 and at https://lnkd.in/ghZ7gjxy, and at https://zalma.com/blog plus more than 5150 posts.

In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.

Case Background:

This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...

00:08:22
September 04, 2025
Demands for Reasons for Termination not a “Claim”

A Claim by Any Other Name is not a Claim
Post 5182

It is Imperative that Insured Report Potential Claim to Insurers

Read the full article at https://lnkd.in/gfbwAsxw, See the full video at https://lnkd.in/gea_hgB3 and at https://lnkd.in/ghZ7gjxy, and at https://zalma.com/blog plus more than 5150 posts.

In Jeffrey B. Scott v. Certain Underwriters At Lloyd’s, London, Subscribing To Policy No. B0901li1837279, RLI Insurance Company, Certain Underwriters At Lloyds, London And The Insurance Company, Subscribing To Policy No. B0180fn2102430, No. 24-12441, United States Court of Appeals, Eleventh Circuit (August 25, 2025) the court explained the need for a claim to obtain coverage.

Case Background:

This appeal arises from a coverage dispute under a Directors & Officers (D&O) insurance policy. Jeffrey B. Scott, the plaintiff-appellant, was terminated from his role as CEO, President, and Secretary of Gemini Financial Holdings, LLC in October 2019. Following his termination, Scott threatened legal action against Gemini, and ...

00:08:22
September 03, 2025

Barry Zalma: Insurance Claims Expert Witness
Posted on September 3, 2025 by Barry Zalma
The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit

© 2025 Barry Zalma, Esq., CFE

When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.

On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive ...

post photo preview
September 03, 2025
Barry Zalma, Esq., CFE Insurance Claims Expert Witness

The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit
© 2025 Barry Zalma, Esq., CFE

When I finished my three year enlistment in the US Army as a Special Agent of US Army Intelligence in 1967, I sought employment where I could use the investigative skills I learned in the Army. After some searching I was hired as a claims trainee by the Fireman’s Fund American Insurance Company. For five years, while attending law school at night while working full time as an insurance adjuster I became familiar with every aspect of the commercial insurance industry.

On January 2, 1972 I was admitted to the California Bar. I practiced law, specializing in insurance claims, insurance coverage and defense of claims against people insured and defense of insurance companies sued for breach of contract and breach of the implied covenant of good faith and fair dealing. After 45 years as an active lawyer, I asked that my license to practice law be declared inactive and became a consultant and expert witness for lawyers representing insurers and lawyers ...

post photo preview
September 03, 2025
Evidence Required to Prove Breach of Contract

APPRAISAL AWARD SETS AMOUNT OF DAMAGES RECOVERED FROM INSURER

Post 5180

See the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.

It’s a Waste of Time to Sue Your Insurer if You Don’t Have Evidence

Evidence Required to Prove Breach of Contract

Read the full article at https://www.linkedin.com/pulse/evidence-required-prove-breach-contract-barry-zalma-esq-cfe-rfelc, see the full video at https://rumble.com/v6yd2z0-evidence-required-to-prove-breach-of-contract.html and at https://youtu.be/2ywEjs3hZsw, and at https://zalma.com/blog plus more than 5150 posts.

It’s a Waste of Time to Sue Your Insurer if You Don’t Have Evidence

In Debbie Beaty and Jonathan Hayes v. Homeowners Of America Insurance Company, No. 01-23-00844-CV, Court of Appeals of Texas, First District (August 26, 2025) Debbie Beaty and Jonathan Hayes filed a claim under their homeowner’s insurance policy with Homeowners of ...

See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals