Just Published – Zalma on Insurance Part 101 – Third Edition

Just Published – Zalma on Insurance Part 101 – Third Edition

Posted on May 26, 2021 by Barry Zalma

Available from Amazon.com as a Kindle Book, Paperback and Hardcover

I have updated, edited to make it easier to read, the Third Edition of first book in my ten part treatise, Zalma on Insurance Claims.


? 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at https://www.zalma.com and [email protected].

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4

The Table of Contents follows:

Introduction

This is the first part in the Zalma On Insurance Claims Part 101 – Third Edition, a series of books that is the latest addition to Barry Zalma’s insurance claims series of books and articles that form the most thorough, up-to-date, expert-authored insurance claims guide available today.

Written by nationally-renowned insurance coverage expert Barry Zalma, a retired from the practice of law, insurance coverage attorney, consultant, expert witness, blogger, and video blogger. The ten volumes of Zalma on Insurance Claims, provides in-depth explanations, analysis, examples, and discussion of:

  • Property insurance claims;
  • Third-party liability claims;
  • Casualty claims; and
  • Insurance Claims Fraud

Thorough, yet practical, this series of books form the ideal guide for any professional who works in, or frequently interacts with, the insurance industry as a claims adjuster, claims supervisor, claims manager, claims management, claims lawyers, defense lawyers and coverage lawyers who represent insurers or policyholders.

Claims professionals, risk managers, producers, underwriters, attorneys (both plaintiff and defense), and business owners will benefit greatly from the ten volume guide. It is also the perfect resource for insurance educators, trainers, and students whose role requires an understanding of insurance law.

As you read through the various volumes of Zalma on Insurance Claims, you will find comprehensive—yet comprehensible—coverage of key topics, including:

  • What is Insurance?
  • The History of Insurance
  • The covenant of good faith and fair dealing.
  • The tort of Bad faith
  • Conditions,
  • Warranties,
  • Exclusions
  • Declaring a policy void
  • Duties of insured and insurer
  • Evaluation and settlement
  • Identifying insurance fraud
  • Investigation
  • Kinds of insurance policies
  • Other insurance clauses
  • Preparing a case for trial
  • Processing a claim
  • Responses to fraud
  • Subrogation and salvage
  • Underwriting and
  • Many more property and casualty insurance matters.

Table of Contents

Chapter 1 What Is Insurance?. 25

Property Insurance. 26

The Contract Of Personal Indemnity. 27

Insurable Interest 29

Liability Insurance. 31

Differences Between Property And Liability Policies 33

Chapter 2 The History Of Insurance. 37

The Availability Of File Materials Not Held By The Underwriters 45

Chapter 3 Acquisition Of The Policy. 61

By Meeting With An Agent Of The Insurer 61

By Dealing With A Broker 61

Through A Direct Writer. 62

The Underwriter 63

The Loss Prevention Engineer 63

The Pre-Risk Inspection Service. 66

After Insurance Is In Effect 66

The Claim.. 67

Experts And Consultants To Assist The Claims  Investigation. 68

Chapter 4 Claims Personnel 74

The First Party Property Adjuster 74

The Third Party Liability Adjuster 75

The Special Investigative Unit Investigator 76

The Claims Supervisor Or Claims Manager 77

Claims Counsel 77

Chapter 5 Kinds Of Insurance Policies. 82

Introduction. 82

Differences Between Property And Liability Policies 88

Rules Of Contract Interpretation. 90

Contract Interpretation And The Reasonable Expectations Of The Insured. 99

The Reasonable Expectations Test 107

The Pollution Exclusion. 116

Total Pollution Exclusion. 120

Chapter 6 Valued And Open Property Policies. 132

Valued Policies 132

The Open Policy. 135

Chapter 7 Reading And Understanding An Insurance  Policy. 139

The Declarations Page. 139

The Policy Limitations 139

The Perils Insured Against 140

The All Risk Of Physical Loss Policy. 141

What Is A “Direct Physical Loss?”. 143

Defining “Risk” And “Cause”. 148

The Direct Risk Of Physical Loss Policy. 151

Collapse. 152

The Jeweler’s Block Policy. 156

The Homeowner’s Policy. 162

Coinsurance Or Average. 167

Specific Or Blanket Coverage. 172

Reporting Endorsements. 174

Chapter 8 The Rights Of Mortgagees And Mortgagors. 178

The Union Or Standard Mortgage Clause. 178

Force-Placed Insurance 190

Forced Placed Insurance Only Protects The Lender 192

Insurable Interest 201

Chapter 9 Business Interruption. 210

Chapter 10 The Liability Policy. 214

Casualty Insurance 214

Liability Insurance. 221

Chapter 11 Torts & Insurance. 224

Contracts. 228

Statutes. 230

Types Of Liability Insurance 231

Liability Policy Format 234

Chapter 12 The Commercial General Liability Policy. 251

The Claims Made And Reported Form.. 261

Duty To Defend. 267

Patent Infringement Coverage. 267

Copyright Infringement Coverage. 275

Trademark Infringement Coverage. 277

Contribution Between Joint Insurers 281

Triggers Of Coverage. 285

Coverage. 294

Changes In Coverages 295

The “Montrose” Exclusion. 313

Claims Made Provisions 315

Notice-Prejudice Rule Does Not Apply To Claims Made & Reported Policy In Kentucky 316

The Right To Equitable Subrogation. 336

Chapter 13 The Certificate Of Insurance. 371

Certificate Of Insurance Provides No Coverage Actual Policy Wording Controls 374

Appendix 1 California Standard Form Fire Insurance  Policy. 377

Appendix 2 Form 438 BFU.. 382

About The Author 384


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? 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at https://www.zalma.com and [email protected].

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/ Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts; and the last two issues of ZIFL at https://zalma.com/zalmas-insurance-fraud-letter-2/ podcast now available at https://podcasts.apple.com/us/podcast/zalma-on-insurance/id1509583809?uo=4

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