Insurance, Insurance Claims, Insurance Coverage and Insurance Fraud: Author, Consultant & Expert Witness

Barry Zalma, Esq., CFE Insurance Claims Handling, Insurance Coverage, Bad Faith & Fraud Expert Witness • Consultant • Author

With over 58 years of hands-on experience as a claims professional and insurance coverage attorney, Barry Zalma provides unparalleled expertise to resolve complex insurance disputes.

Serving insurers, policyholders, attorneys, claims managers, and adjusters nationwide, Mr. Zalma offers clear, practical guidance that often leads to faster resolutions, narrower discovery, and stronger positions in mediation, arbitration, or trial.

• Hourly Rate: $600 (all-inclusive: covers calls, postage, computer time, word processing; third-party costs passed at actual discounted rates)
• Contact: 310-390-4455 | zalma@zalma.com
• Location: 4441 Sepulveda Boulevard, Culver City, California  90230 (Serving clients across the U.S. and internationally)

Featured: Watch Recent Webinar on Excellence in Claims Handling – Passcode: 3kk@2#z2

The Need for a Claims Handling Expert to Defend or Prove a Tort of Bad Faith Suit

Barry Zalma founded Barry Zalma, Inc. in 1979 to address every type of insurance claim and coverage challenge.

After serving as a Special Agent in U.S. Army Intelligence (1964–1967), he began his insurance career in 1967 as a claims trainee with Fireman’s Fund, gaining deep knowledge of the industry while attending law school at night. Admitted to the California Bar in 1972, he specialized in insurance coverage, claims defense, and bad faith litigation for over 45 years before shifting to full-time consulting and expert witness work in 2017 (license now inactive).

Today, Mr. Zalma is an internationally recognized authority on:

• Insurance claims handling
• Coverage interpretation
• Bad faith litigation
• Insurance fraud detection and investigation

He has testified as an expert in state and federal courts across the U.S., from California to the British Virgin Islands, often helping cases settle after his reports or depositions demonstrate clear industry standards. His work emphasizes ethics: he will not tailor opinions to favor a retaining party if facts indicate otherwise—in such cases, he withdraws and refunds retainers.

FIRST PARTY PROPERTY INSURANCE CLAIMS INVESTIGATION CUSTOMS AND PRACTICE

The customs and practice of the insurance industry requires both the insurer and the insured to do nothing to prevent the other from receiving the benefits of the contract. An insurer’s thorough investigation includes, always, providing claims services where the insured can count on the insurer to be there for the insured and treat the insured fairly and in good faith.

Only with a staff of claims handlers dedicated to excellence in claims handling can insurers promptly, fairly and in good faith keep the promises made by the insurance policy and avoid charges of breach of contract and the tort of bad faith in first party property claims like those submitted to an insurer by its Insureds.

For the claims staff of an insurer to provide excellent and good faith claims handling, they must follow the minimum standards set by the Fair Claims Standards and Regulations adopted by the state of California, the state of New York and other states controlling the standards of claims handling imposed on insurers.

Insurers must understand that they cannot adequately fulfill the promises they make to their insureds and their obligations under fair claims practices acts, the Fair Claims Standards, without a professional, well trained and experienced claims staff.

The practice of doing nothing that would prevent the other from receiving the benefits of the contract continues from the inception of the policy until all claims are resolved even if litigation commences.

Professional insurers understand that when the claims staff is made up of claims people who treat all insureds and claimants with good faith and fair dealing and who provide excellence in claims handling, litigation between the insurer and its insureds will be reduced exponentially and that the obverse is also true.

The customs and practice of the insurance industry require that the insurer thoroughly investigate each claim presented under the policy, determine which provision of the policy applies to the loss the insured has incurred and work to adjust each claim under every potential insuring agreement in the policy promptly and fairly.

When an insured reports a loss claiming that the basic elements of its business have been damaged or destroyed by a major fire like those brought about by a wildfire. The customs and practice of the first party property insurance claims industry is to assign a field adjuster (either an employee of the insurer or a licensed independent insurance adjuster) who can meet at the loss location with the insured and assist the insured in the creation of a complete scope of loss and begin the work necessary to determine valuation of all the damaged or destroyed property and begin the effort of the insured to prove the loss and reach an agreement with the insurer.

The claims adjuster or licensed independent adjuster must, in the customs and practice of the insurance first party property claims industry first read and understand every word in the policy and then determine every provision or insuring agreement that might provide coverage to the Insureds.

Services Provided by Barry Zalma

Barry Zalma delivers targeted consulting and expert services to resolve insurance disputes efficiently and credibly.

Key Services Include:

• Expert Witness Testimony — Opining on customs and practices of insurance claims handling, coverage application, good faith/bad faith standards, and fraud issues.
• Claims File & Coverage Review — Prompt analysis of files, underwriting documents, pleadings, discovery, depositions, and state regulations to assess viability of claims, defenses, or bad faith allegations.
• Consulting for Counsel — Strategic advice to insurers’ or policyholders’ attorneys on settlement potential, discovery scope, mediation strategy, and jury communication of complex insurance concepts in plain language.
• Bad Faith & Fraud Analysis — Explaining whether an insurer met (or failed to meet) fair claims settlement practices, industry standards, and the implied covenant of good faith and fair dealing.
• Pre-Litigation Guidance — Helping narrow issues, reduce investigative/legal costs, and achieve resolutions before trial.

Consultations save hundreds of hours and strengthen positions before judges, juries, or mediators.

Expert Witness & Industry Standards 

Why Every Insurance Dispute Needs a Qualified Claims Handling Expert

In breach of contract or bad faith cases, triers of fact (judges/juries) require clear explanations of insurance industry customs and practices. Without an expert, parties risk losing on technical grounds.

Mr. Zalma’s opinions are based solely on:

• Thorough review of claims files, underwriting files, pleadings, discovery responses, depositions, and state fair claims regulations.
• Decades of direct experience in adjusting, litigating, and teaching claims handling.

He testifies objectively on whether an insurer:

• Conducted a thorough, prompt, and fair investigation.
• Properly applied policy provisions.
• Met or exceeded minimum standards under regulations (e.g., California Fair Claims Settlement Practices).
• Acted in good faith—or whether conduct fell below industry norms, constituting bad faith.

As an opinion (not fact) witness, he educates on customs/practices and leaves ultimate conclusions to the court. Preparation includes detailed reports, deposition readiness, and trial testimony.

First-Party Property Claims Customs & Practices Insurers and insureds must cooperate to fulfill policy benefits. Thorough investigations—assigning qualified adjusters early, scoping losses on-site, valuing damage, and exploring all potential coverages—are standard. Staff must adhere to state regulations and provide excellence in handling to avoid bad faith claims and reduce litigation.

Contact & Disclaimer

Ready to Discuss Your Case? Call: 310-390-4455 Email: zalma@zalma.com

Rates & Billing: $600/hour, all-inclusive (no add-ons for routine expenses). Third-party costs passed at discounted rates paid by Barry Zalma, Inc.

Legal Disclaimer: Information on this site is for general educational purposes only and does not constitute legal, insurance, or professional advice. No attorney-client relationship is formed without a signed engagement letter. The author and Barry Zalma, Inc. disclaim liability for any reliance on this content. Consult a qualified professional for advice specific to your situation.

© 2026 Barry Zalma, Esq., CFE | Barry Zalma, Inc.

How to Testify as an Expert

An expert witness is not a fact witness. He or she is only an opinion witness whose testimony is based upon many year of experience, training and education in the field about which he or she testifies. The expert’s testimony is limited to his or her opinions and may not testify to opinions as to the ultimate facts of the case about which the party who retained the expert seeks. The expert’s role is simply to inform the judge or jury about industry customs and practices.  Even if the expert believes, from his or her review, that a party has breached the contract of insurance, acted tortiously, or acted in breach of the covenant of good faith and fair dealing, the expert will leave the conclusions to the jury or the judge or both.

If the expert does his or her work properly the judge or jury will have enough information to make a decision on the cases that are the subject of the litigation.

When I testify as an expert I will either explain how the insurer met or exceeded the minimum standards set by the Fair Claims Settlement Practices Regulations and either fulfilled or failed to fulfill the custom and practice of the insurance industry.

I have been asked many times to testify for an insurer or a policyholder where the facts I reviewed and my experience and training reveal that my testimony would be contrary to the needs and desires of the lawyer who retained me. It is unethical and improper for an expert to testify as directed by the attorney who retained the expert. In cases where I conclude my testimony will benefit the case of the party who did not retain me I require counsel who retained me to fire me as his or her expert and  I return the retainer and close my file.

I have been involved with the business of insurance since I was released from the US Army in 1967 where I acted as an insurance adjuster handling first and third party claims while I attended law school at night. As a lawyer I served as a defense lawyer and as an insurance coverage lawyer for about 45 years when I dissolved my law firm, asked the California Bar to make my license to practice law inactive and changed my practice to only act as a consultant and expert witness.

Mr. Zalma’s rates are all inclusive. Mr. Zalma’s hourly fee of $600 per hour includes all incidentals from telephone calls and postage to computer time and word processing. As for third-party costs, Zalma passes along all discounts and vendor savings.

The client pays what Barry Zalma, Inc. pays. Not a penny more.  Barry Zalma, Inc. has made the billing process simple.

Contact Mr. Zalma at 310-390-4455 or by e-mail at zalma@zalma.com

Legal Disclaimer

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 web site. 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. If you desire consultation you may retain the services of Mr. Zalma after signing an engagement letter.

Barry Zalma & ClaimSchool, Inc.

Go to Zalma Books – E-Books and Articles by Barry Zalma  at the Insurance Claims Library where ClaimSchool publishes the ZIFL, several books and e-books written by Barry Zalma and sponsors Mr. Zalma’s speaking engagements. 

Barry Zalma and
ClaimSchool, Inc.
4441 Sepulveda Boulevard, Inc.
CULVER CITY CA 90230-4844
310-390-4455; https://claimschool.com; zalma@claimshool.com
Follow Barry Zalma on Twitter at https://twitter.com/bzalma
Read Mr. Zalma’s blog “Zalma on Insurance”
Go to “Zalma’s Insurance 101” Video Training  

Go to the Insurance Claims Library; Subscribe to Barry Zalma on Substack.com, Go to Barry Zalma videos at Rumble.com at https://rumble.com/zalma Videos from “Barry Zalma on YouTube; Go to the Insurance Claims Library; Listen to the Podcast: Zalma on Insurance

(c) 2026 Barry Zalma

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