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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July 30, 2026
Amended Complaint Utterly Failed to Comply with Basic Pleading Requirements

Missing Insurance Check Resulted in More than 200 Page Pro Se Complaint

Post 5414

Posted on July 30, 2026 by Barry Zalma

Defendants Needed to Wade Through a Thicket Of Background Detail And Evidentiary Matter” To Identify Which Specific Claims Are Brought Against Them

In Keith P. Sequeira et al. v. Metropolitan Life Insurance Company et al., Civil Action No. 25-1929 (RK) (JTQ), United States District Court, D. New Jersey (July 20, 2026) this matter is before the Court upon pro se Plaintiffs Keith P. Sequeira and Helen D. Sequeira’s (“Plaintiffs”) First Amended Complaint. (“FAC”).

Plaintiffs alleged claims arising from a missing $17,558.32 insurance check issued after water damage to their New Jersey home and from a later sheriff’s sale/foreclosure concerning that property. Their First Amended Complaint asserted hundreds of counts against numerous defendants, including insurers, mortgage-related entities, banks, law firms, attorneys, and public officials.

BACKGROUND:

Plaintiffs originally filed suit in the District of Columbia, after which the matter was transferred to the District of New Jersey. The Court previously granted in forma pauperis status but dismissed the original complaint without prejudice for violating Rule 8 because it was excessively long, difficult to follow, and reminiscent of shotgun pleading. Plaintiffs then filed an even longer First Amended Complaint.

ANALYSIS/DISCUSSION:

Because the Sequeiras have been granted in forma pauperis status the Court has a statutory obligation to screen their FAC under 28 U.S.C. § 1915(e)(2)(B). Pursuant to this statute, the Court may dismiss any claims that are “(1). . . frivolous or malicious; (2) fail[] to state a claim upon which relief may be granted; or (3) seek[] monetary relief from a defendant immune from such relief.” 28 U.S.C, § 1915(e)(2)(B).

A complaint’s claims must also be supported by “a short and plain statement. .. showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Each averment must be simple, concise, and direct. At its core, the purpose of a pleading is to give the defendant fair- notice of what the claim is and the grounds upon which it rests. While a court should liberally construe the pleadings of a pro se plaintiff, the complaint must still comply with the pleading requirements of Rule 8.

That is, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. While a court must be mindful to hold a pro se plaintiff’s complaint to less stringent standards than formal pleadings drafted by lawyers.

If each Defendant must wade through the FAC’s “thicket of background detail and evidentiary matter” to identify which specific claims are brought against them, then the FAC has clearly failed in its obligation under Rule 8 to provide “fair notice” of each claim and its underlying facts.

The Court held that the First Amended Complaint again failed to satisfy Rule 8’s requirement of a short, plain, simple, concise, and direct statement of claims. The Court emphasized that the pleading was more prolix than the original complaint, relied heavily on group pleading, failed to provide fair notice of each defendant’s alleged conduct, and included claims that were legally deficient, including claims lacking a private right of action, claims against improper defendants, time-barred TILA allegations, and non-cognizable “collusion” counts.

CONCLUSION:

Therefore, the Court dismissed the First Amended Complaint with prejudice, finding that Plaintiffs had already been given a clear opportunity to correct the deficiencies but failed to do so; further amendment would therefore be futile. There is a limit to the indulgence of the law and the resultant imposition on the defendants and the courts in pro se cases.

In particular, Plaintiffs continue to violate Rule 8’s prohibition on group pleading. In many instances, the FAC advances assertions against groups of Defendants without meaningfully clarifying each Defendant’s alleged individual liability

Plaintiffs were given the opportunity to amend and a roadmap as to how to cure the deficiencies in their initial Complaint. Plaintiffs nevertheless filed an amended complaint that again utterly failed to comply with basic pleading requirements, thus demonstrating that they are either unwilling or unable to conform with the requirements of Rule 8 and with this Court’s clear and painstaking directives.

Plaintiffs First Amended Complaint was DISMISSED with prejudice.

ZALMA OPINION

The District Court exercised more patience than was required of it. They instructed the pro se plaintiffs on how to amend the complaint to comply with the requirements of federal law only to be ignored and have an amended complaint that that exceeded 200 pages of useless verbiage that did not even come close to the following the instructions of the court or coming close to filing a FAC that came even close to following the law on a simple issue relating to the loss of a $17,558.32 insurance check.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

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September 14, 2026
Court Enforces Fifth Amendment & Refuses to Compel Answers

Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution

Post 5489

Posted on September 14, 2026 by Barry Zalma

Fraudster Refuses to Answer Questions About His Alleged Fraud

See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr

In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.

Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.

After Great American ...

00:05:14
August 27, 2026
Offer Made and Accepted Creates Enforceable Contract

Policy Limits Demand Accepted Settles Claim

Post 5434

Posted on August 26, 2026 by Barry Zalma

See the full video at https://lnkd.in/g-ZtsSgK and at https://lnkd.in/ghMBdYWR
A Contingent Offer Accepted Ends the Dispute

In Farmers Insurance Exchange, a California Reciprocal Insurance Exchange,  The Superior Court For The County Of San Bernardino, Kathleen Ann Wood, E087128, California Court of Appeals, (July 9, 2026) Farmers Insurance Exchange insured Doyle Archer under an automobile policy with bodily injury limits of $15,000 per person and $30,000 per accident.

FACTUAL BACKGROUND

Archer rear-ended Kathleen Ann Wood at a red light, causing Wood to assert a bodily injury claim against him. Wood’s counsel sent Farmers a pre-litigation settlement demand offering to resolve Wood’s claim for the available policy limits, stating that if the $100,000 demand exceeded the policy, the offer was for the policy limits.

Farmers timely responded in writing, agreed to pay Wood the $15,000 per-person policy limit, and provided the requested ...

00:08:28
August 26, 2026
Offer Made and Accepted Creates Enforceable Contract

Policy Limits Demand Accepted Settles Claim

Post 5434

Posted on August 26, 2026 by Barry Zalma

See the full video at https://lnkd.in/g-ZtsSgK and at https://lnkd.in/ghMBdYWR
A Contingent Offer Accepted Ends the Dispute

In Farmers Insurance Exchange, a California Reciprocal Insurance Exchange,  The Superior Court For The County Of San Bernardino, Kathleen Ann Wood, E087128, California Court of Appeals, (July 9, 2026) Farmers Insurance Exchange insured Doyle Archer under an automobile policy with bodily injury limits of $15,000 per person and $30,000 per accident.

FACTUAL BACKGROUND

Archer rear-ended Kathleen Ann Wood at a red light, causing Wood to assert a bodily injury claim against him. Wood’s counsel sent Farmers a pre-litigation settlement demand offering to resolve Wood’s claim for the available policy limits, stating that if the $100,000 demand exceeded the policy, the offer was for the policy limits.

Farmers timely responded in writing, agreed to pay Wood the $15,000 per-person policy limit, and provided the requested ...

00:08:28
8 hours ago
Zalma’s Insurance Fraud Letter –September 15, 2026

THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL

Posted on September 1, 2026 by Barry Zalma

Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in educing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/

This issue contains the following articles about insurance fraud:

Long Island Rep. Laura Gillen Is Taking Aim At Criminals Who Have Been Caught Staging Car Accidents.
Time for a Federal Crime of Insurance Fraud

The accidents may be shams, but the felonies would be real. On Thursday, Gillen (D-NY) introduced the Stop Auto Fraud Act of 2026, which would make the “crash for cash” practice a federal offense punishable by up to 10 years behind bars, with sentence enhancements for smash-ups causing injury or death.

Rep. Laura Gillen is hoping her bipartisan bill will become law to give prosecutors a federal crime to prosecute cash for crash ...

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September 11, 2026
Arson for Profit is Ground to Deny Claim

Communications with Arson Investigation is Privileged

Post 5488

Posted on September 11, 2026 by Barry Zalma

ACE Was Not Required To Produce Any Disputed Document Because Each Was Protected By The Attorney-Client Privilege, or The Work-Product Doctrine.

See the full video at and at https://rumble.com/v7fbzvo-arson-for-profit-is-ground-to-deny-claim.html

In Rubesne Resources LLC, a Colorado Limited Liability Company v. ACE Property And Casualty Insurance Company, a Foreign Corporation, Civil Action No. 1:24-cv-02300-DDD-SBP, United States District Court, D. Colorado (August 30, 2026) Rubesne Resources LLC sought insurance coverage from ACE Property and Casualty Company after a January 5, 2024 fire destroyed its business.

South Metro Fire Rescue classified the ignition as intentional, and ACE’s retained expert concluded that gasoline had been poured in multiple areas and ignited. ACE retained coverage and subrogation counsel, National Subrogation Services, and a cause-and-origin expert ...

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September 11, 2026

Arson for Profit is Ground to Deny Claim

Posted on September 11, 2026 by Barry Zalma

Communications with Arson Investigation is Privileged

Post 5488

ACE Was Not Required To Produce Any Disputed Document Because Each Was Protected By The Attorney-Client Privilege, or The Work-Product Doctrine.

See the full video at and at https://rumble.com/v7fbzvo-arson-for-profit-is-ground-to-deny-claim.html

In Rubesne Resources LLC, a Colorado Limited Liability Company v. ACE Property And Casualty Insurance Company, a Foreign Corporation, Civil Action No. 1:24-cv-02300-DDD-SBP, United States District Court, D. Colorado (August 30, 2026) Rubesne Resources LLC sought insurance coverage from ACE Property and Casualty Company after a January 5, 2024 fire destroyed its business.

South Metro Fire Rescue classified the ignition as intentional.

After reviewing the disputed documents in camera, the court found that each was protected.

LAW

Colorado Revised Statutes § 10-4-1003 requires ...

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