Zalma Books

A Resource for the Insurance Professional

 

Books, E-Books, Articles and Blog Available From Barry Zalma

Passover 2015

Passover is a time when every Jewish father and mother tell their children the story of the Exodus of the Jews from slavery in Egypt. It is a story that Jewish people have told every year for more than 3,000 years. It is a very personal story and applies to each of us as if we were the people who lived it so long ago.

It is a story never to be forgotten. For those of us who have assimilated into the United States and who do not speak Hebrew my wife and I wrote an English only Passover story so that we and our children and grandchildren will understand the story of Passover without a great deal of ritual.

It is available for a small price as a 15 page e-book. If you purchase the e-book you have our permission to print as many copies as you need to conduct your own Passover Seder. It will be available until Passover and then will be deleted.

 

 

 

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.

Civil 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 January 2014.

After you purchase please wait for the e-book to upload from PayPal. If it does not upload please e-mail zalma@zalma.com and I will personally send you a copy of the e-mail in pdf format.

 

The National Underwriter Company Publish The Zalma Insurance Claims Library

Mold Claims Coverage Guide

Today, mold claims are common, but they continue to grow in complexity, involving not only property damage but bodily injury as well. Mold-related lawsuits have dramatically increased over the past few years, and the numbers continue to rise. Coverage requirements—and related issues—can be complicated and confusing. This resource will remove the complexity and allow the insurer, insured, property owner or developer and their counsel to deal with mold quickly and effectively and, if possible, avoid unnecessary litigation.

URL: www.nationalunderwriter.com/Mold

Price: $98.00

Construction Defects Coverage Guide

This insightful and practical two volume resource was envisioned and written by nationally renowned expert Barry Zalma, and it thoroughly explains how to identify construction defects and how to insure, investigate, prosecute, and defend cases that result from construction defect claims.

Construction Defects Coverage Guide was designed to help property owners, developers, builders, contractors, subcontractors, insurers, and lenders, as well as their risk managers and lawyers rapidly resolve construction defect claims when they arise and avoid construction litigation. If litigation becomes necessary it will help the prosecution or defense of construction defect suits effectively.

URL: www.nationalunderwriter.com/ConstructionDefects

Price: $196.00

Insurance Claims: A Comprehensive Guide

Insurance contracts and clauses are specific in nature—but the manner in which insurance claims are pursued and resolved can be remarkably different. Mistakes in handling a claim can undermine the outcome—and ultimate value—of the claim itself.

Insurance Claims: A Comprehensive Guide is the one resource that enables insurance professionals, producers, underwriters, attorneys, risk managers, and business owners to successfully handle insurance claims from start to finish—employing proven, practical techniques and best practices every step of the way.

URL: www.nationalunderwriter.com/InsuranceClaims

Price: $196.00

The Insurance Fraud Deskbook


 

large imageAuthor:  Barry Zalma
Sponsor(s):  Tort Trial and Insurance Practice Section
Publisher(s): ABA Book Publishing

ISBN: 978-1-62722-676-9
Product Cod
e: 5190506
2014, 638 pages, 7 x 10

 

This book is written for individuals who are focused on the effort to reduce expensive and pervasive occurrences of insurance fraud. Lawyers who represent insurers, claims personnel, prosecutors and their investigators can all benefit from this exhaustive resource.

The Insurance Fraud Deskbook is a valuable resource for those who are engaged in the effort to reduce expensive and pervasive occurrences of insurance fraud. It explains the elements of the crime and the tort to claims personnel, and it provides information for lawyers who represent insurers, so they can adequately advise their clients. Prosecutors and their investigators can use this book to determine what is required to prove the crime and win their case.

The full text of decisions from courts of appeal and supreme courts across the country are provided so the reader can understand what happens after the investigation is completed and can apply that information to undertake their own thorough investigations. It allows claims personnel and their lawyers to understand what errors would cause a defeat or a not-guilty verdict.

The effort to reduce insurance fraud requires the assistance of both civil and criminal courts. The Insurance Fraud Deskbook can help the prudent fraud investigator, insurance adjuster, insurance attorney, insurance Special Investigation Unit, and insurance company management to attain the information needed to deal with state investigators and prosecutors.

Available from the American Bar Association at: http://shop.americanbar.org/eBus/Default.aspx?TabID=251&productId=214624; or  orders@americanbar.org, or 800-285-2221.

 

Zalma 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 insured.

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.

 

New E-Books by Barry Zalma

MOM & The Taipei Fraud

A 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.

Follow the investigation of Marion Orpheus Montague (MOM) as he uncovers the fraud and provides defenses needed to save the insurers he represented $7 million.

If it does not upload please e-mail zalma@zalma.com and I will personally send you a copy of the e-mail in pdf format.

 

Zalma on Insurance - 2013

 The Complete Authority on Property & Casualty Insurance Updated Daily by the Zalma on Insurance Blog

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 Fraud Statutes.

If you wish to purchase the E-Book or Article click on the "Buy Now" button and you will be referred to PayPal where you can pay with a credit card or your PayPal account. The e-book should upload automatically.

 

 
 

 HEADS I WIN, TAILS YOU LOSE


© 2013

Barry Zalma

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 Fraud

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 fraud alone.

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 collected.

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.]

After you make a payment through PayPal, please wait for the article to upload to your machine.  If you have a problem with the purchase please write to me at zalma@zalma.com.

 

New E-Book: Zalma on California SIU Regulations

Zalma On California SIU Regulations is an e-book designed to assist California insurance claims personnel, claims professionals, independent insurance adjusters, special fraud investigators, private investigators who work for the insurance industry, the management in the industry, the attorneys who serve the industry, and all integral anti-fraud personnel working with California admitted insurers to comply with the requirements of California SIU Claims Regulations.

By statute, the state of California requires all admitted insurers to maintain a Special Investigative Unit (an "SIU") that complies with the requirements set forth in the Special Investigative Unit Regulations (the "SIU Regulations") and that the insurer must train all integral anti-fraud personnel to recognize indicators of insurance fraud. Since almost every employee of an insurer who approaches a claim qualifies as "integral anti-fraud personnel" they must all be trained annually.

It is necessary, therefore, that insurance personnel who are engaged in any way in the presentation, processing, or negotiation of insurance claims in California be familiar with the SIU Regulations imposed by the state on all insurers doing business in the state and be in a position to prove to the California Department of Insurance that the SIU Regulations have been complied with and all integral anti-fraud personnel have been trained.

In addition to explaining the SIU Regulations the appendix contains an outline for the training required.
 

 

 Zalma on California Claims Regulations - 2013

The E-book has been updated to include the modifications made to the Regulations to be effective March 30, 2013.

 

  Zalma on Rescission of Insurance In California - 2013

 

 Murder and Insurance Fraud Don't Mix - A Novella

 

Murder & Old Lace - A Novella

Arson for Profit - A Novel

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 supporting terrorists,

 

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 format.  

Sign Up For E-Mail Version of Zalma's Insurance Fraud Letter

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Updated April 17, 2014

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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 individual situation.

 

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