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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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, L.H., sued Rice in the Allegheny County Court of Common Pleas for negligence. L.H. alleged Rice had hired a manager who was a “Lifetime Offender” under Megan’s Law, who proceeded to sexually harass and ultimately rape L.H.

Rice sought coverage with respect to L.H.’s suit under three insurance policies: one issued by Zenith and two by RSUI. The Zenith policy was the “Employers’ Liability” half of a dual “Workers’ Compensation and Employers’ Liability” policy, which covered liability due to “bodily injury . . . aris[ing] out of and in the course of [an] injured employee’s employment.” RSUI’s two policies were a “Directors and Officers Liability” policy and a “Commercial Umbrella” liability policy.

The Umbrella policy, the only RSUI policy provided for a defense if: a. The applicable limits of insurance of the “underlying insurance” and other insurance have been used up in the payment of judgments or settlements; or b. No other valid and collectible insurance is available to the insured for damages covered by this policy.”

Zenith moved to dismiss all claims against it, and RSUI moved to dismiss Rice’s claims only as to the Umbrella policy. The District Court granted both motions.

THE DISTRICT COURT DECISIONS

As to the Zenith policy, the District Court ruled that two exclusions applied. The first, termed “C.4,” excluded coverage for “[a]ny obligation imposed by a workers’ compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar law.” The District Court interpreted C.4 to bar coverage for any claim falling within the exclusive domain of Pennsylvania’s Workers’ Compensation Act and it determined L.H.’s suit was such a claim because “the injuries and damages alleged by L.H. occurred during the course of L.H.’s employment and at L.H.’s Rice employment worksite.”

The second exclusion, “C.7,” barred coverage for “[d]amages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts or omissions.” Because all allegations in L.H.’s complaint described harassing conduct by her supervisor, the District Court concluded C.7 applied.

As to the RSUI Umbrella policy, the District Court determined that coverage was not “triggered” because there was no allegation that other insurance had been used up or was unavailable.

ZENITH POLICY

Rice argued the District Court erred in applying C.7 because Rice’s liability arose out of “sexual misconduct” rather than “harassment.” However, instances of physical contact have the potential to be among the most severe and psychologically damaging types of sexual harassment.

The Third Circuit concluded that Rice’s claims against Zenith were properly dismissed.

RSUI Umbrella Policy

The RSUI Umbrella policy provides for a defense if other insurance policies have been used up or are unavailable. Rice’s complaint does not allege that either condition was met. The Third Circuit concluded Rice’s claims under the RSUI Umbrella policy were properly dismissed.

While Rice conceded that “the underlying insurance policies had not yet been exhausted,” Rice nevertheless argued that the RSUI Umbrella policy should have been kept in the case for convenience which argument was summarily rejected.

ZALMA OPINION

It continues to amaze me that lawyers will bring cases to an appellate court when faced with clear and unambiguous policy exclusions and even ask to keep an umbrella insurer as a defendant “for convenience” when the underlying policy had not been exhausted. Insurance policies are contracts and must be interpreted, as did the Third Circuit, as they are written.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

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00:08:13
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5 hours ago
Insurance Fraudsters are not Nice – They Are Criminals

Lawyers Attempt to Protect Assets of their Clients Charged with Insurance Fraud From Seizure by State Fails

Post 5071

See the full video at and at and at https://zalma.com/blog plus more than 5050 posts.

In The People v. David M. Browne et al., B332304, California Court of Appeals, Second District, Seventh Division (May 6, 2025) find criminal defense lawyers in contempt.

Attorneys David M. Browne and George A. Shohet appeal from the trial court's denial of their special motion to strike (Code of Civ. Proc., § 425.16, subd. (b)(1)) an affidavit filed by the Los Angeles County District Attorney's office on behalf of the People of the State of California to initiate a civil contempt proceeding against Browne, Shohet, their clients, and others based on alleged violations of three temporary restraining orders that barred the transfer or encumbrance of specified properties and assets. The trial court issued the ...

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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 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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