It is the Obligation of an Insured to Prove his Claim
Post 5084
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Theft Claim Insufficient to Allow Total Gutting of Structure
Posted on May 28, 2025 by Barry Zalma
In Seviiri Bunjo v. State Farm Fire And Casualty Company, No. 1-24-1010, 2025 IL App (1st) 241010-U, Court of Appeals of Illinois, First District, First Division (May 19, 2025), an attempt to gain payment to remodel building failed when the insurer refused to pay for non-covered claims.
Seviiri Bunjo sued for declaratory judgment against State Farm Fire and Casualty Company (State Farm) after a break-in at his property in Chicago on May 31, 2019. Bunjo sought additional insurance proceeds for incident-related losses and lost rental income. The circuit court granted summary judgment in favor of State Farm, finding that Bunjo failed to show the damages estimate was inaccurate or that State Farm violated the terms of the insurance policy.
FACTUAL BACKGROUND
The court found that Bunjo’s contractor, Sean Rogers, provided an estimate for a full gut rehab of the property rather than just for damages from the break-in. Additionally, Bunjo’s public adjuster, Vito Misceo, admitted that he could not accurately assess the damages because the property had already been gutted.
Regarding lost rental income, the court noted that Bunjo was under a court order prohibiting him from renting, using, leasing, or occupying the property at the time of the break-in. Therefore, State Farm was not obligated to pay for lost rents or additional living expenses.
In summary, the appellate court affirmed the circuit court’s decision to grant summary judgment in favor of State Farm, finding no merit in Bunjo’s arguments. The circuit court properly entered summary judgment in favor of the insurer where the insured failed to show the damages estimate was inaccurate or that the insurer violated the terms of the insurance policy.
State Farm met its initial burden of production by establishing that plaintiff lacks sufficient evidence to prove his claim. This shifted the burden of proof to plaintiff and the court found that “plaintiff *** failed to bring forward any additional evidence regarding the extent of the initial Incident-related losses,” and therefore, “there is no genuine issue of material fact on the extent of initial losses.”
ANALYSIS
Summary judgment should be granted when, as here, the pleadings, admissions on file, depositions and any affidavits, construed strictly against the moving party, reveal no genuine issue of material fact so that the movant is entitled to judgment as a matter of law.
Because an insurance policy is a contract, the court applies general rules of contract interpretation to the policy. If the words employed in the contract are clear and unambiguous, as is the case here, they must be given their plain, ordinary and popular meaning
Plaintiff was planning to do a full gut rehab of the Property before the break-in occurred. What’s more, plaintiff failed to include appropriate citations to his arguments on these issues on appeal. As a result, the appellate court affirmed the circuit court’s judgment, concluding that Bunjo did not present sufficient evidence to prove his claim.
ZALMA OPINION
Insurance is a contract that is designed to indemnify an insured for losses due to an insured against anYfortuitous event. In this case a burglary did some damage to the structure but did not destroy the structure or make it impossible to repair. Rather than seek repair only of the damage caused by the thieves Bunjo sought to have State Farm pay for what he planned before the loss, a full gutting of the property and reconstruction. The court felt it sufficient to dismiss the suit but, in my opinion, the trial court or the appellate court should have reported Bunjo to the Department of Justice for attempted insurance fraud.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
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Intentionally Shooting a Woman With A Rifle is Murder
Post 5196
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You Plead Guilty You Must Accept the Sentence
In Commonwealth Of Pennsylvania v. Mark D. Redfield, No. 20 WDA 2025, No. J-S24010-25, Superior Court of Pennsylvania (September 19, 2025) the appellate court reviewed the case of Mark D. Redfield, who pleaded guilty to third-degree murder for killing April Dunkle with malice using a rifle.
Affirmation of Sentence:
The sentencing court’s judgment was affirmed, and jurisdiction was relinquished, concluding no abuse of discretion occurred.
Reasonable Inference on Trigger Pulling:
The sentencing court reasonably inferred from the guilty plea facts that the appellant pulled the trigger causing the victim’s death, an inference supported by the record and consistent with the plea.
Guilty Plea Facts:
The appellant admitted during the plea hearing...
The Judicial Proceedings Privilege
Post 5196
Posted on September 25, 2025 by Barry Zalma
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Judicial Proceeding Privilege Limits Litigation
In David Camp, and Laura Beth Waller v. Professional Employee Services, d/b/a Insurance Branch, and Brendan Cassity, CIVIL No. 24-3568 (RJL), United States District Court, District of Columbia (September 22, 2025) a defamation lawsuit filed by David Camp and Laura Beth Waller against Insurance Branch and Brendon Cassity alleging libel based on statements made in a letter accusing them of mishandling funds and demanding refunds and investigations.
The court examined whether the judicial proceedings privilege applieD to bar the defamation claims.
Case background:
Plaintiffs Camp and Waller, executives of NOSSCR and its Foundation, sued defendants Insurance Branch and Cassity over a letter alleging financial misconduct and demanding refunds and audits. The letter ...
Misrepresentation or Concealment of a Material Fact Supports Rescission
Post 5195
Don’t Lie to Your Insurance Company
See the full video at and at https://rumble.com/v6zefq8-untrue-application-for-insurance-voids-policy.html and at https://zalma.com/blog plus more than 5150 posts.
In Imani Page v. Progressive Marathon Insurance Company, No. 370765, Court of Appeals of Michigan (September 22, 2025) because defendant successfully established fraud in the procurement, and requested rescission, the Court of Appeals concluded that the Defendant was entitled to rescind the policy and declare it void ab initio.
FACTS
Plaintiff's Application:
Plaintiff applied for an insurance policy with the defendant, indicating that the primary use of her SUV would be for "Pleasure/Personal" purposes.
Misrepresentation:
Plaintiff misrepresented that she would not use the SUV for food delivery, but records show she was compensated for delivering food.
Accident:
Plaintiff's SUV was involved in an accident on August ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is 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 Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is 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 is designed to help 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.
How Elderly Doctors Fund their ...
How a Need for Profit Led Health Care Providers to Crime
Post 5185
Posted on September 8, 2025 by Barry Zalma
See the full video at https://lnkd.in/gePN7rjm and at https://lnkd.in/gzPwr-9q
This is 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 Dishonest Chiropractor/Physician
How a Need for Profit Led Health Care Providers to Crime
See the full video at and at
This is 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 is designed to help 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.
How Elderly Doctors Fund their ...
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 ...
