Breach of a Specific Condition Precedent Is a Complete Defense

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In United Services Automobile Association and State Farm Mutual Automobile Insurance Company v. Anthony Wenzell, 2026 CO 25 (Colo. Apr. 27, 2026) Anthony Wenzell was rear-ended in a car accident. He had a significant prior 2014 accident that required back surgery.

Wenzell claimed underinsured-motorist (UIM) benefits under three policies: (1) the tortfeasor’s liability policy, (2) his own primary UIM policy with State Farm, and (3) an excess UIM policy issued by USAA (under his brother’s policy, which contained an “other insurance” clause making USAA’s coverage excess over any collectible insurance).

After receiving the claims, both USAA and State Farm repeatedly requested that Wenzell execute comprehensive medical-release authorizations so they could obtain his full medical records and ...

Lies on YELP Costs Liar

Post number 5327

Posted on April 28, 2026 by Barry Zalma

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In Anthony J. Gingo, JR., M.D. v. Jane Hanak, 2026-Ohio-1452, No. 115341, Court of Appeals of Ohio, Eighth District, Cuyahoga (April 23, 2026) Dr. Anthony J. Gingo, Jr., a board-certified obstetrician and gynecologist, performed surgery on Jane Hanak in April 2017. After several rounds of litigation, including voluntary dismissal and refiling of complaints, the trial court ultimately dismissed Hanak’s claims, and the appellate court affirmed that dismissal.

FACTS

In mid-2022, Hanak posted a highly negative review of Dr. Gingo on Yelp, making numerous serious allegations including sexual misconduct, insurance fraud, and lack of hospital privileges.

LAW

The trial court granted summary judgment in favor of Dr. Gingo, awarding him $145,000 in compensatory damages and $100,000 in punitive damages.

DEFAMATION

Defamation is a false publication ...

Distributing the Assets of a Liquidated Insurer is Often Difficult

Post number 5326

Co-Insurer/Reinsurer Gets no Contribution From Insolvent Insurer
Posted on April 27, 2026 by Barry Zalma

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The Amount Of Home’s Settlement, And Not The Liquidator’s Actual Distributions To The Insured, Determines The Extent Of CIC’s Contribution Rights.

In The Matter Of The Liquidation Of The Home Insurance Company, 2026 N.H. 19, No. 2025-0178, Supreme Court of New Hampshire, Merrimack, April 24, 2026 Century Indemnity Company (CIC) and The Home Insurance Company (Home) issued policies to the same insured covering the same risks.

FACTUAL BACKGROUND

The Liquidator disallowed the contribution claim; the referee and trial court agreed and ruled the settlement/allowed-claim amount (not distributions) controls contribution rights. CIC appealed.

The Liquidator disallowed CIC’s ...

What Must be Done after Notice of a Claim is Received by the Insurer

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Below you will read from this post until you reach the the end of this blog post as the free part of an Excellence in Claims Handling post. To read the full article and receive all articles for members of Excellence in Claims Handling you should consider joining as a paid member to get full access to articles for members only, to our news, analysis, insurance coverage, claims, insurance fraud and insurance webinars, by clicking at the subscription link below.

A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...

What Must be Done after Notice of a Claim is Received by the Insurer

Read the full article at https://lnkd.in/gzvvdkMZ and at https://zalma.com/blog.

Below you will read from this post until you reach the the end of this blog post as the free part of an Excellence in Claims Handling post. To read the full article and receive all articles for members of Excellence in Claims Handling you should consider joining as a paid member to get full access to articles for members only, to our news, analysis, insurance coverage, claims, insurance fraud and insurance webinars, by clicking at the subscription link below.

A first party property policy does not insure property: it insures a person, partnership, corporation or other entity against the risk of loss of the property. Before an insured can make a claim for indemnity under a policy of first party property insurance the insured must prove that there was damage to property the risk of loss of which was insured by the policy. The obligation imposed on the insured ...