Barry Zalma, Inc.

Actual Cash Value

How to Define and Apply Actual Cash Value in a Property Claim Below you will read from this Post until you reach the the end of this post as the free part of Excellence in Claims Handling post. To read the full article and receive all articles for members of Excellence in Claims Handling. You should consider joining as a paid member to get full access to articles for members only, to our news, analysis, insurance coverage, claims, insurance fraud and insurance webinars, by clicking at the subscription link below....

Actual Cash Value How to Define and Apply Actual Cash Value in a Property Claim Below you will read from this Post until you reach the the end of this post as the free part of Excellence in Claims Handling post. To …

Court Applies the Law as Written

Failure to Plead Sufficient Facts to State a Facially Plausible Claim Defeats Suit Post number 5378 Screwed by Insurance Brokers Judge Allows Plaintiff to Continue some of His Suit In Wilfredo Cruz, et al. v. Bay Point Insurance LLC, et al., Civil Action No. GLR-25-44, United States District Court, D. Maryland on June 10, 2026 dealt with a suit brought by Wilfredo Cruz who alleged that Bay Point Insurance LLC, Karl Smith, and David Small committed insurance fraud in connection with insurance policies brokered for Cruz’s trucking business, W&DC General Contractor, LLC....

Court Applies the Law as Written Failure to Plead Sufficient Facts to State a Facially Plausible Claim Defeats Suit Post number 5378 Screwed by Insurance Brokers Judge Allows Plaintiff to Continue some of His Suit In Wilfredo Cruz…

Bad Faith Requires the Conscious Doing of a Wrong Because of Dishonest Purpose or Moral Obliquity

Arson and Misrepresentation Sufficient Ground to Deny Claim Post number 5377 Bad Faith Requires A Showing Of More Than Bad Judgment Or Negligence In Jonika K. Nelson v. Allstate Vehicle & Property Insurance Co., et al, No. 4:26-CV-17-RPC-DAS, United States District Court, N.D. Mississippi, Greenville Division (June 15, 2026) under Mississippi law, bad faith requires facts showing that the insurer lacked an arguable or legitimate basis for denying the claim or acted willfully, maliciously, or with gross and reckless disregard for the insured’s rights....

Bad Faith Requires the Conscious Doing of a Wrong Because of Dishonest Purpose or Moral Obliquity Arson and Misrepresentation Sufficient Ground to Deny Claim Post number 5377 Bad Faith Requires A Showing Of More Than Bad Judgment Or Negligence In Jonika K. Nelson v. Allstate Vehicle & Prope…

Flood Policy Condition Effective

Flood Policy Limitation of Action Provision Destroys Bad Faith Suit Post number 5376 Flood Policy Limitation of Action Provision Followed Strictly In Wayne Gularte, et al. v. Wright National Flood Insurance Company, No. 5:26-cv-01426-PCP, United States District Court, N.D. California (June 15, 2026) Wayne and Doris Gularte a that their property sustained flood damage between January 17 and March 23, 2023....

Flood Policy Condition Effective Flood Policy Limitation of Action Provision Destroys Bad Faith Suit Post number 5376 Flood Policy Limitation of Action Provision Followed Strictly In Wayne Gularte, et al. v. Wright National Flood …

Payment of All Policy Benefits Does not Defeat Bad Faith in California

Bad Faith With No Breach of Contract Post number 5375 Essential Condition of a Tort of Bad Faith Ignored in California In Jennifer Bornoff v. State Farm General Insurance Company, B339796, California Court of Appeals, Second District, First Division (May 1, 2026) Bornoff’s business suffered two burglaries in March 2022. She submitted claims promptly, and State Farm never disputed coverage, only valuation....

Payment of All Policy Benefits Does not Defeat Bad Faith in California Bad Faith With No Breach of Contract Post number 5375 Essential Condition of a Tort of Bad Faith Ignored in California In Jennifer Bornoff v. State Farm General Insurance Company, B339796, Californ…

ICE Unable to Deport Illegal Alien and Insurance Fraudster

Court Orders Release of Convicted Insurance Fraudster Who Can't Be Deported Post number 5374 The Government Must Remove a Noncitizen Within 90 Days of Detention In Jean Marcel Perez Garcia v. Warden, Florida Side South Detention Facility, et al., No. 2:26-cv-788-JES-DNF John E. Steele United States District Judge United States District Court, M.D. Florida, Fort Myers Division (June 10, 2026) Jean Marcel Perez Garcia, a Cuban citizen, entered the United States in 2003....

ICE Unable to Deport Illegal Alien and Insurance Fraudster Court Orders Release of Convicted Insurance Fraudster Who Can’t Be Deported Post number 5374 The Government Must Remove a Noncitizen Within 90 Days of Detention In Jean Marcel Perez Garcia v.…

Leaving a Kohls Store with Merchandise and Not Paying is a Crime

Guilty Plea of Conspiracy to Commit Petty Theft Survives Appeal Post number 5373 When You Plead Guilty be Ready to Go to Jail In The People v. Jacob Ossian Alberry, case number A173036, California Court of Appeals, First District, Fourth Division (June 2, 2026) Jacob Ossian Alberry and another person entered a Kohl’s store together, selected merchandise, and left without paying....

Leaving a Kohls Store with Merchandise and Not Paying is a Crime Guilty Plea of Conspiracy to Commit Petty Theft Survives Appeal Post number 5373 When You Plead Guilty be Ready to Go to Jail In The People v. Jacob Ossian Alberry, case number A173036, Californi…

Zalma’s Insurance Fraud Letter – June 15, 2026

ZIFL – Volume 30, Issue 12 June 15, 2026 THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL Post number 5372 Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at…...

Zalma’s Insurance Fraud Letter – June 15, 2026 ZIFL – Volume 30, Issue 12 June 15, 2026 THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL Post number 5372 Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to …

Physician’s Malpractice Insurance not Available When License Revoked

Applicant for Insurance is Obligated to Advise Insurer in Material Changes After Application Was Signed Post number 5371 Doctor Criminally Charged and License Suspended After Application Signed had Policy Rescinded for Failure to Advise Insurer of Change In Xiang (Sean) Yuan, M.D.\ v. Positive Physicians Insurance Company, No. 1821 EDA 2025, No. J-A08033-26, Superior Court of Pennsylvania (May 29, 2026) Dr....

Physician’s Malpractice Insurance not Available When License Revoked Applicant for Insurance is Obligated to Advise Insurer in Material Changes After Application Was Signed Post number 5371 Doctor Criminally Charged and License Suspended After Application Signed had…

You Lose When You Sit on Your Rights

Claim and Suit Time Barred by Private Limitation of Action Post number 5370 Suit Fails Because the Plaintiffs Ignored the Policy's Private Limitation of Action In Shree Ugtai Express, Inc. d/b/a Hollday Express Shop v. West Bend Insurance Company, No. 1:26-cv-01050-STA-jay, United States District Court, W.D. Tennessee, Eastern Division (June 9, 2026) Shree Ugtai Express, Inc., doing business as Holladay Express Shop, sued West Bend Insurance Company for wrongful denial of insurance benefits after property damage allegedly caused by a burst water heater pipe on December 25, 2022....

You Lose When You Sit on Your Rights Claim and Suit Time Barred by Private Limitation of Action Post number 5370 Suit Fails Because the Plaintiffs Ignored the Policy’s Private Limitation of Action In Shree Ugtai Express, Inc. d/…