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May 14, 2026
When Facts Disputed Summary Judgment Fails

Frozen Pipes Not Covered if Thermostat not Set Over 50 Degrees

Post number 5351

Read the full article at https://www.linkedin.com/pulse/when-facts-disputed-summary-judgment-fails-barry-zalma-esq-cfe-vffse and https://zalma.com/blog plus more than 5300 posts.

Proof without Contradiction Needed for Summary Judgment

In Kenneth Taylor v. State Farm Fire & Casualty Co., Civil Action No. 24-0882, United States District Court, W.D. Louisiana, Shreveport Division (May 7, 2026) the District Court issued a Memorandum Ruling denying State Farm’s motion for summary judgment (May 7, 2026).

FACTS

State Farm issued a homeowner’s policy to Kenneth Taylor covering a multi-story townhouse in Shreveport, Louisiana. Taylor lived in California during renovations and relied on local contacts to check the property; the parties dispute who had access and how often the home was inspected.

Taylor testified he set the thermostat to roughly 60–65°F before leaving the townhouse about two months before the freeze. Taylor’s handyman, Raymond George, testified he visited “once or twice a week,” ensured the heater worked, and set the thermostat around 60–70°F during winter visits.

After a January 2024 freeze, a pipe burst in the attic and water leaked throughout the townhouse; a neighbor reported water intrusion.

Taylor promptly filed a claim; State Farm inspected within days and denied coverage, asserting Taylor had the thermostat set to “zero” and/or “off,” and that inspection showed a 41°F reading with the system off.

LAW

Summary judgment (Fed. R. Civ. P. 56(a)):

Granted only if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law; the court views evidence in the light most favorable to the nonmovant and does not weigh credibility at this stage.
Contract interpretation (Louisiana law):

Insurance policies are contracts construed under Louisiana Civil Code principles; clear and unambiguous terms are enforced as written.
Coverage condition for frozen pipes:

Policy excluded frozen-pipe losses unless the insured used “reasonable care to maintain heat” in the building at 55°F or higher.

Bad faith (La. R.S. § 22:1892):

Louisiana imposes a duty of good faith and fair dealing on insurers. La. Stat. Ann. § 22:1892 (“An Insurer.owes its insured a duty of good faith and fair dealing.”). To establish a bad faith claim, the insured “must show that (1) an insurer has received satisfactory proof of loss, (2) the insurer failed to tender payment within thirty days of receipt thereof, and (3) the insurer’s failure to pay is arbitrary, capricious or without probable cause.”

A genuine dispute over coverage generally defeats bad-faith penalties.

DISCUSSION / ANALYSIS

Breach of Contract (Coverage for Frozen Pipe)

The central coverage question was whether Taylor exercised “reasonable care” to keep the townhouse heated at or above 55°F. State Farm argued the condition failed because Taylor had not personally visited for two months, could not specify inspection frequency, and the post-loss condition suggested low temperature and an “off” thermostat.

A genuine dispute exists whether Taylor exercised reasonable care to maintain the townhouse’s heat above 55 degrees. First, Taylor testified that he set the thermostat to a temperature between 60 and 65 degrees before he left the townhouse two months earlier.

BAD FAITH (La. R.S. § 22:1892)

State Farm contended it had a reasonable basis for nonpayment because its investigation allegedly revealed conflicting accounts about property access and because it believed Taylor had the thermostat turned off or set to “zero” before the freeze.

The court found a triable issue on whether State Farm’s denial was supported by probable cause. Evidence, viewed favorably to Taylor, indicated State Farm’s initial denial may have stemmed from a miscommunication. Taylor attempted to correct the record early, provided utility bills showing pre-loss electricity usage, and George reported regular checks and thermostat settings above 55°F.

CONCLUSION

The court denied State Farm’s motion for summary judgment on both the breach-of-contract and bad-faith claims because the record contains genuine disputes of material fact about (1) whether Taylor used reasonable care to maintain heat at or above 55°F and (2) whether State Farm had probable cause for denying payment.

ZALMA OPINION

In my years as a practicing lawyer, before I retired, I filed and won many motions of summary judgment and lost a few. If the facts establish the defense or the allegations without evidentiary dispute the Motion for Summary Judgment would be granted. In this case the evidence showed an dispute that could only be resolved by a trier of fact hearing evidence at trial. State Farm didn’t have the evidence and its motion was properly denied.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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May 26, 2026
He Who Acts as His Own Lawyer Has an Idiot for a Client

Arsonist Tried To Represent Himself, Failed, and Sought Habeas Relief

Post number 5357

Read the full article at https://www.linkedin.com/pulse/he-who-acts-his-own-lawyer-has-idiot-client-barry-zalma-esq-cfe-d4bwc, See the full video at and at and at https://zalma.com/blog.

Karacson’s Arson for Profit Attempt Required Skill & Experience to Succeed

In Steve Ellis Karacson v. David Shaver, Warden, No. 25-1089, United States Court of Appeals, Sixth Circuit (May 20, 2026) Steve Karacson was convicted in Michigan state court of arson and insurance fraud after evidence showed he burned his own insured home. Investigators found multiple points of origin, gasoline odor, and evidence tying him to the scene, including cell-phone location data and a receipt showing he had purchased a gas can and gloves shortly before the fire.

FACTS

Karacson initially had appointed counsel, but his relationships with both appointed attorneys ...

00:08:55
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May 11, 2026
Severe Punishment for Failure to Obey Court Orders

Foolish to Repeatedly Disobey Court Orders

All That Remains For Trial Is Plaintiff’s Damages On Each Of These Claims And Establishing Proximate Causation Of Those Damages.

Post number 5348

See the full video at and at and at https://zalma.com/blog plus 5300 posts.

In Linh Wang v. Esurance Insurance Company, No. C24-0447-JCC, United States District Court, W.D. Washington, Seattle (May 1, 2026) John C. Coughenour, United States District Judge, found that throughout this case, culminating with its briefing on Plaintiff’s renewed motion and that Defendant has subjected Plaintiff to unnecessary motion practice for clearly discoverable information and made dubious representations (including to the Court).

FACTUAL BACKGROUND

This case involves an underinsured/uninsured motorist insurance bad faith claim arising from a 2017 motor vehicle collision. The plaintiff, Linh Wang, alleges that Esurance Insurance ...

00:08:27
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May 08, 2026
Ambiguous Contract to Repair not an Assignment

The Right to Negotiate with Insurer is Not an Assignment of Claims

Post number 5347

Read the full article at https://www.linkedin.com/pulse/ambiguous-contract-repair-assignment-barry-zalma-esq-cfe-2xppc, see the full video at https://rumble.com/v79is1s-ambiguous-contract-to-repair-not-an-assignment.html and at and at https://zalma.com/blog plus more than 5300 posts.

Nebraska Requires an Actual Assignment to Allow Contractor to Sue Insurer

In Millard Gutter Company, a corporation doing business as Millard Roofing and Gutter v. Farmers Mutual Insurance Company of Nebraska, also known as Farmers Mutual Insurance, also known as Farmers Mutual, No. A-24-818, Court of Appeals of Nebraska (May 5, 2026) Millard sued Farmers as an assignee of Jane Anzalone who had hired Millard Gutter to repair the roof of her home and agreed to allow Millard Gutter to coordinate with her insurer, Farmers Mutual, concerning reimbursement for repairs authorized under her insurance policy.

FACTUAL BACKGROUND

In ...

00:08:02
34 minutes ago
Justice Should not Require Court to Give Patience to Criminal Petitioner

Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster

A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly

Post number 5387

Posted on July 6, 2026 by Barry Zalma

Court Allows itself to be Abused by Convicted Murderer and Insurance Fraudster

A Prisoner Has a Limited Right to file a Habeas Petition but Must do so Properly
Post number 5387

In Tami Duvall v. State Of Indiana, No. 1:25-cv-01239-SEB-TAB, United States District Court, S.D. Indiana, Indianapolis Division (July 1, 2026) Indiana prisoner Tami Duvall filed a habeas petition under 28 U.S.C. § 2254 challenging her 2011 Indiana convictions for murder, insurance fraud, and obstruction of justice.

Law:

Federal Rule of Civil Procedure 15(a) governs amendment of pleadings, allowing amendment as of course within specified time limits and otherwise permitting amendment with leave of court when justice so requires.

Federal Rule of Civil Procedure 12(f) permits the Court to strike redundant matter. Rule 5 of the Rules ...

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July 03, 2026
Buying Insurance After the Accident is Fraud

It is a Crime to Lie to Your Insurer That Accident Happened After Policy Inception

Post number 5386

Posted on July 3, 2026 by Barry Zalma

Conviction for Fraud Affirmed Because Evidence Overwhelming

In State Of Washington v. Saleem Mumin Robinson, No. 87244-3-I, Court of Appeals of Washington, Division 1 (June 29, 2026) Saleem Robinson was involved in an automobile collision on May 18, 2021. The other driver, Mohamed Waggeh, photographed Robinson’s documents and later reported the collision to GEICO, identifying the time as approximately 12:40 p.m.

That same day, at 6:06 p.m., more than five hours after the accident, Robinson purchased Progressive insurance for the vehicle involved in the collision.

The next morning, Robinson called Progressive to report the claim and stated that the accident occurred around 6:15 p.m. Progressive recorded that call without advising Robinson that it was being recorded. Progressive later conducted a special investigative unit investigation the claim because it was submitted shortly ...

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July 02, 2026
Failure to Comply With Policy Conditions Defeats Claim

Deprive Insurer of the Ability to Properly and Timely Investigate Claim & Recover Nothing

Posted on July 2, 2026 by Barry Zalma

Post number 5385

No Contract Claim No Bad Faith Claim

In South Alexander Development I, LLC v.Markel American Insurance Co., Civil Action No. 23-1436-JWD-SDJ, United States District Court, M.D. Louisiana (June 24, 2026) South Alexander Development I, LLC (SADI) owned and operated a solar farm in Springfield, Louisiana that allegedly sustained significant Hurricane Ida damage.

After SADI submitted a claim, MAIC ultimately paid $1,099,614.02 for undisputed physical damage plus the $210,000 income-loss policy limit. SADI later sued for breach of contract and statutory bad faith, contending MAIC failed to fully investigate and adjust the claim; MAIC sought summary judgment, arguing SADI failed to cooperate and withheld material repair-cost information.

LAW:

Louisiana insurance policies are interpreted as contracts according to their plain meaning, and the insured bears the burden ...

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