To Prove that an Insurer Acted in Bad
Faith
Almost every lawsuit filed against an insurance company, especially when a claim is denied for fraud, alleges that the insurer acted in bad faith. In the first party context, bad faith claims typically allege that the insurer did not have a reasonable basis to deny coverage, and that the insurer engaged in unfair or deceptive conduct in the process of handling the claim and reaching its conclusions regarding coverage. In the third party context, there is typically an allegation that the insurer failed to timely settle a claim in which liability had become reasonably clear. Insurers, with unfounded courage, deny claims based on the recommendations of a claims handler whose experience may be, and usually is, limited.
The Use of an Expert
A qualified expert in claim handling practices, who is able to credibly explain to a trier of fact why the insurer may not reject an insured's claim, can defuse the claim of the defense of the existence of a Genuine Dispute and allow the insured to prove the insurer acted in bad faith. Insurers continue to take advantage of the “genuine dispute” doctrine or “fairly debatable” doctrine to protect against charges of bad faith and is the strongest defense available to claims of bad faith.
An insurer can successfully oppose bad faith claims by demonstrating it relied upon the expert(s) it retained during the course of the claim investigation to deny coverage." ["Experts in Bad Faith Litigation" by Anthony R. Zelle and John W. Steinmetz, "For The Defense" May 2003.]
When an insured is faced with a complex, difficult or allegation that he, she or it submitted a fraudulent claim can determine if litigation is appropriate by providing to ZIC a complete copy of the file materials. The expert may provide an insight into how to resolve the claim short of a bad faith suit that is expensive for both parties involved. The insured should seek the advice of a ZIC expert before moving forward with litigation.
Case law makes it clear that obtaining the advice of an independent expert and consultant will make it possible to successfully pursue a bad faith suit. Every insured and counsel for insureds should understand that expert witnesses and consultants can significantly strengthen an insured's ability to prosecute claims of bad faith.
The Genuine Dispute Doctrine
If the insurer's personnel did their work properly before denying a claim the insurer should never be held liable for breach of the covenant of good faith and fair dealing. Tort and punitive damages should be eliminated as a matter of law. The Genuine Dispute Doctrine, sometimes called the “fairly debatable” test, establishes the defense. To defeat the defense advice, counsel and expert testimony from ZIC can establish that there was no genuine dispute or that the denial of the claim was not fairly debatable.
Experts
& Consultants For Any Insurance Dispute
ZIC brings Barry Zalma's more than
42 years of practical claims experience and the experience of insurance experts across the U.S., to your insurance problem or lawsuit ZIC will help you resolve every insurance problem faced by you or your clients. The experience and skill of ZIC consultants and expert witnesses can make the difference before a jury or other trier of fact. ZIC will consult with you on any one or more of the following issues that are important to those in the business of insurance and their counsel:
Indispensable Advice
As a claims person and claims attorney for more than 35 years, Barry Zalma has represented insurers, advised insurers on claims handling, interpreted coverages, and testified as an insurance coverage, insurance fraud, insurance bad faith and insurance claims handling expert. Zalma has written insurance policies for insurers and is the author of books used daily by working claims professionals.
Mr. Zalma has joined with other insurance experts across the United States as Zalma Insurance Consultants. With ZIC as your consultant you get the expert advice and counsel many insurers have found indispensable. Consultation from Zalma Insurance Consultants can save you and your counsel or client hundreds of hours of investigative and legal work.
Take advantage of Mr. Zalma's more than
41 years of claims experience and the hundreds of collective years of experience that Zalma Insurance Consultants' possess. Allow ZIC's experience to find a resolution to your insurance dispute that is fair, intelligent, and beneficial to your client. Consultation from Mr. Zalma can save you or your client thousands of dollars in the prosecution or defense of an insurance dispute.
Instant Response
Counsel and clients, in a shortsighted effort to save expenses, often wait until the last moment to retain an expert or consultant. Expert consultants like Zalma Insurance Consultants can save an insurer, an insured, or the defense or plaintiff's attorney, considerable time and expense if retained early. If you elect to retain your consultant or expert at the designation deadline ZIC and Mr. Zalma can be a solution. Because Mr. Zalma declines all litigation assignments and keeps his caseload low, he can completely control his calendar and can respond to your request for advice and counsel promptly. Usually within no more than five working days, regardless of the total volume of the file materials, he will be ready to consult with you or testify on your client's behalf. If he cannot personally deal with your claim, Mr. Zalma will refer you to one of his experienced Zalma Insurance Consultants colleagues.
Mr. Zalma recommends that counsel retain the services of Zalma Insurance Consultants early and avoid wasting time and money pursuing a suit or defense that can be circumvented with his assistance. Zalma Insurance Consultants will promptly review file materials and advise you about the viability of your defense. He can also help you narrow the scope of discovery. No other insurance consultant or expert witness can offer such prompt, credible, and authoritative advice on insurance, insurance coverage, insurance fraud or insurance claims handling questions.
For details and a complete copy of his C.V. direct your browser to
http://www.zalma.com
or E-Mail Mr. Zalma at zalma@zalma.com
or call Mr. Zalma at 310-390-4455.
