For the past 53 years, Barry Zalma has devoted 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 enable insurers and their indemnity staff to become professionals in insurance claims.
Rescission of Insurance – 2nd Edition
Recently updated and expanded, "Rescission of Insurance – 2nd Edition" Provides the insurance protection lawyer, the policyholder lawyer and professionals with everything needed to understand and enforce the fair legal remedy. Anyone involved in or with insurance business must understand that revocation is a fair cure as old as UK law. When the United States was conceived in 1776, the founders were anxious to protect their rights under British common law. They adopted it as the law of the United States of America only modified by the restrictions imposed by the central government by the US Constitution approved in 1789.
Profitability and the ability to enforce contracts were recognized as essential to trade. Courts were accused of enforcing legitimate agreements. Capital courts were accused of protecting Contracting Parties from mistake, fraud, misrepresentation and concealment, as it would not be fair to enforce a contract based on mistake, fraud, misrepresentation or concealment. Common law developed rules that courts could follow to refuse to apply the terms of an agreement entered into due to mutual error of material facts, unilateral error of material fact, breach of warranty (probably a substantial promise to do or not to do something) , a substantial concealment or a material misstatement. The measure – called termination – created a method of enforcing the fairness of the insurance contract and allowing an insurance company to terminate a contract and allowed courts to refuse to enforce such a contract entered into by misrepresentation or concealment of material facts.
Available as a Kindle book.
by Barry Zalma, Esq., CFE
Learn techniques that can help you interact with others and effectively gather the facts you need.
The purpose of an interview is to reveal the truth; the method of revealing the truth is the interview. Obtaining sufficient relevant information is imperative in anything a lawyer does to protect the client's interests, but interview techniques are not emphasized in law school education.
Getting the Whole Truth Advocates – from novices meeting their first clients to experienced litigation attorneys – teach effective methods of obtaining information through human interaction. No matter who you are looking for information or for what reason you want it, these techniques can help you meet and interact with others and effectively gather the facts you need.
$ 59 NON-MEMBERS, $ 44 MEMBERS
A tool available to insurers to thoroughly investigate claims and work to defeat fraud
A tool available to insurers to thoroughly investigate claims and work to defeat fraud . interview approved by an insurance contract. It is taken under the authority provided by the insurer's agreement, when he or she acquires an insurance policy, to submit to a condition of the insurance contract which compels the insured to appear and give a hard testimony at the request of the insurer. Failure to appear and testify is considered a violation of a material condition.
EUO is performed before a notary and a certified shorthand reporter who is present to take the oath to the interviewee. The reporter will record the entire conversation and prepare a transcript to be read, reviewed, corrected and signed by the witness under penalty of perjury or by an oath taken before a notary or judge.
EUO is a tool used only sparingly by insurance companies in the United States. A professional insurer will only require an insured person to file an EUO when a thorough claim gives rise to questions:. On the application of the coverage to the facts of the loss, the possibility of fraud being attempted, or to assist the insured to the obligation to prove the insurer the cause and amount of the loss.
Although rarely used by the EUO, it is an important tool that insurers need when it comes to coverage, destruction of evidence needed to prove a compensable loss or the size of loss or evidence indicating the risk of a fraud attempt. The provisions of the EUO and legal measures in an insurance are conditions for an insured's ability to bring an action and that since the insured has not substantially complied with the terms of these provisions, the appropriate remedy is termination without affecting it. The insured's failure to meet these conditions does not prevent his ability to incur a cost of recovery, but only interrupts his ability to bring a suit until he has fully complied with these conditions.
Available as paperback here Available as a Kindle book here
© 2020 – Barry Zalma
Barry Zalma, Esq., CFE, now limits his practice to employment as an insurance consultant specializing in insurance coverage, insurance management, insurance fraud and insurance fraud almost equally for insurers and policyholders. He also acts 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 lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and firstname.lastname@example.org.
Mr. Zalma is the first recipient of the first annual Claims Magazine / ACE Legend Award.
For the past 52 years, Barry Zalma has devoted 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 enable insurers and their claims staff to become professional in insurance claims.
Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/ c-262921
Read posts from Barry Zalma at https://parler.com/profile/Zalma / posts
Go to Barry Zalma on YouTube – https: // www. youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg/
Go to the library for insurance claims – https://zalma.com/blog/insurance-claims-library/ 
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