E-Books, Articles and Blog Available From Barry Zalma
Getting the Whole Truth
The interview is
an essential form of fact gathering for every type of human interaction.
Interviews happen everywhere; they are performed by almost everyone.
Interviewing is also an art, and the most effective interviews are conducted by
those who are knowledgeable and skilled in this art.
The purpose of
an interview is to uncover the truth; the method of uncovering the truth is the
art of the interview. The standard interview does not have, nor should it be
given, the pejorative sense conveyed by the expression “giving someone the third
degree.” Interview professionals do not use rubber hoses or hot lights, or
subject the interviewee to torture. In their limited arsenal, professionals do
not have the power of the state, the reputation of the FBI, the majesty of a
court trial, nor the intimidation of a search warrant.
interviewing professionals are, therefore, compelled to get the information they
need by intelligence, wit, skill, and experience. They must be masters of the
social graces; they must know how to put people at ease. The skill of the
professional causes the person being interviewed to actually want to give
information to the interviewer. When the interview is successful, the subject
becomes a virtual partner with the professional in the effort to uncover
the truth, the whole truth, and nothing but the truth.
This ebook will
help anyone who needs to obtain information from anyone else gain the
information needed whether a business person, reporter, interviewer,
investigator or lawyer.
The book will be
delivered to you by e-mail shortly after purchase.
Random Thoughts on
Insurance - Vol. III
Since 2010 I have been writing a
blog post at least five days a week. This e-book is a collection of those posts
that reveal my interest in insurance case law. Some of the cases reviewed were
important. Some were of first impression. Others will be totally unimportant.
All were interesting to me and I hope are interesting to the reader. This e-book
is more than 1200 pages of my review of interesting cases from 2013 through
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on Diminution of Value Claims
Since 2001 the Georgia Supreme Court decided State Farm Mutual Automobile
Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) there
has been serious concern in the insurance industry about how a court could
change the wording of an insurance policy agreed to by the insurer and the
Because confusion has reigned across the United States concerning the proper
measure of damages for property damage to property that has been repaired
Zalma on Diminution In Value Damages – 2013 was created to assist
insurance professionals to answer the questions concerning the proper measure of
damage in each of the fifty United States and federal United States
jurisdictions. It was designed to allow the reader to find the answer in the
appropriate jurisdiction when asked what is the proper measure of damage. This
E-book will provide you with the answer you need.
MOM & The Taipei Fraud
short novel dealing with a massive fake burglary of a Beverly Hills, California
residence in hopes of garnering enough money to pay off debts and avoid
deportation back to the Republic of China on the island of Taiwan.
the investigation of Marion Orpheus Montague (MOM) as he uncovers the fraud and
provides defenses needed to save the insurers he represented $7 million.
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Zalma on Insurance - 2013
Complete Authority on Property & Casualty Insurance Updated
Daily by the Zalma on InsuranceBlog
In over 1180 pages Zalma on
Insurance - 2013 provides information on the following
subjects important to every person involved in insurance,
insurance claims, insurance coverage and allegations of
insurance bad faith.
The earnings of almost every civil lawyer in the United
States are funded by the insurance industry. Insurance can best be described as
the mother’s milk of the law profession. The civil defense lawyer is paid by an
insurer for each hour he or she works. The civil plaintiffs’ lawyer is usually
paid by taking a percentage of any judgment entered in favor of the plaintiff,
which judgment is usually paid by the defendant’s insurer. In almost every
situation in which a civil lawyer practices the funds for that work comes,
either directly or indirectly, from insurance. Consequently, lawyers must use
their wits and energies to avoid or to pursue litigation to the benefit of the
client. Both sides understand that an insurer will eventually pay one or both
sides in the dispute. Insurance is important to every civil dispute and even
some that fall within the criminal courts.
Every lawyer retained to prosecute or defend a civil suit
should begin the representation with a serious effort to find insurance coverage
for the benefit of the client or the defendant the client is suing. A lawyer
that does not know the law of insurance is litigating with duct tape firmly
self-placed across his or her mouth. The Table of Contents follows:
Introduction; Chapter 1 The History of Insurance; Chapter 2
The Contract of Personal Indemnity; Chapter 3 Construction of Insurance
Contracts; Chapter 4 Differences between Property and Liability Policies;
Chapter 5 Rescission of Insurance Policies; Chapter 6 Duties of the Insured and
the Insurer; Chapter 7 Conditions, Warranties, and Exclusions; Chapter 8
Fortuity; Chapter 9 Trigger of Coverage; Chapter 10 Appraisal; Chapter 11
Independent Counsel and the Law of Unintended Consequences; Chapter; 12
Fraud and False Swearing; Chapter 13 Subrogation; Chapter 14 “Other Insurance”
Clauses; Chapter 15 Mold and Fungi ; Chapter 16 Punitive Damages; Chapter 17
Preemption and the Power to Control Insurance; Appendix 1 The California
Standard Fire Insurance Policy; Appendix 2 Definitions; Appendix 3 Insurance
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This E-book started as a collection of columns
insurance consultant, expert witness and insurance lawyer Barry Zalma wrote
and published in the magazines "Insurance Journal," "Insurance Week," and
"The John Cooke Insurance Fraud Report." It now contains 87 fictional
stories on how insurance fraud is perpetrated by changing the names and
places of the incident to protect the guilty.
Since the last edition I have added more stories that were published in my
twice monthly newsletter, Zalma’s Insurance Fraud Letter which is available
free to anyone who clicks the link and a brief analysis of the California
Special Investigation Unit Regulations. In addition the e-book has been
totally rewritten correcting typographical and syntax errors.
The title, "Heads I Win, Tails You Lose" is meant to describe insurance
fraud as it works in the United States. Whenever a person succeeds in
perpetrating an insurance fraud everyone who buys insurance is the loser. If
the fraud succeeds the insurer must charge more premium to cover the expense
of defending the fraud and payment of funds to the fraud perpetrator. If the
fraud fails the insurer must still charge more premium to cover the expense
of defending the fraud.
Everyone, except the lawyers and fraud perpetrators, lose.
It Takes Courage to Fight Insurance
The legislatures of the various states,
the United States Congress, the National Association of Insurance
Commissioners, The National Insurance Crime Bureau and insurance
industry groups have finally decided that the war against insurance
fraud is worth fighting. Until the states, the local police agencies,
the district attorneys, the United States Attorneys, and the Attorneys
General of the various states join in the battle it will be fought to a
stalemate. The insurance industry cannot successfully fight insurance
On the state level the effort has begun.
California, and many other states, have forced the insurance industry to
pay money into a special fund to create a Fraud Division, California
Department of Insurance or Fraud Bureau whose only duty is to
investigate and prosecute insurance fraud perpetrators. Proposition 103
and Special Fraud Investigation Unit Regulations forced insurers to pay
monies into another fund to pay prosecutors to prosecute the crime of
insurance fraud and to create their own special fraud investigation
units. Defrauding an insurance company is a felony in most states.
All of these actions suggest that the
Legislatures have concluded that insurance fraud is draining away the
wealth of their states into the pockets of criminals yet they wish to
pass the buck to insurers to do the investigations. California, by
statute, state that it is the public policy of the state that insurance
fraud must be stopped.
Insurance industry sources estimate
insurance fraud from lows of $80,000,000,000 ($80 billion) a year to
highs of $200,000,000,000 ($200 billion) a year. Regardless of which, if
any, estimate is accurate the amount of money going to insurance
criminals is staggering and approaches no less than 3% to 10% of premium
What has been the result of these new
statutes? Are insurance criminals going to jail? Have there been scores
of arrests? Have the courts been inundated with prosecutions? No. The
prosecution of an insurance fraud is as rare as snowfall on the on the
Island of Oahu.. It happens, but not in the numbers that the extent of
the crime would suggest. Convictions are even more rare. Prosecutors
complain that insurance companies do nothing. The statutes compelling
insurers to form fraud investigation units usually have no penalties if
the insurer fails to establish such a unit [California imposed
regulations that imposes a $5,000 fine for failure to establish a
Special Investigation Unit or to train its integral anti-fraud personnel
and other states are following that lead.]
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Newly revised and rewritten for 2013, a novel, based on reality, about how a thorough
investigation by professional claims adjusters, investigators and a claims
lawyer defeated an arson-for-profit scheme and kept insurance claims funds from
The last two
digital issues of Zalma’s Insurance Fraud Letter
(ZIFL) is available for download.
Subscription and access to ZIFL is free. If you are a
subscriber the pdf version of ZIFL the current issue is delivered by attachment to an
e-mail. If you are not a subscriber or don’t want the pdf just
click the button below and choose to download either the text or Adobe Acrobat .pdf
The author and
publisher disclaim any liability, loss,
or risk incurred as a consequence,
directly or indirectly, of the use and
application of any of the contents of
this blog. The information provided is
not a substitute for the advice of a
competent insurance, legal, or other
professional. The Information provided
at this site should not be relied on as
legal advice. Legal advice cannot be
given without full consideration of all
relevant information relating to an