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Defense against intentional injuries Zalma on insurance



Watch the full video at https://rumble.com/vicm67-defenses-to-intentional-torts.html?mref=6zof&mrefc=2 and at https://youtu.be/W-fmnrzlnQc [19659003] Self-Defense and Defense of a Third Party

California Civil Code states:

Any necessary force may be used to protect against undue harm to a person or property to himself, or to a wife, husband, child, parent or other relative or family member or a congregation, servant, master or guest. (California Civil Code § 50)

The person must reasonably believe that there is danger and must use only the force that is reasonably necessary.

Defense against the battery – Use of lethal force

Lethal force or force that is likely to cause bodily harm is not justified just to protect property. Spring guns or other lethal mechanical devices should only be used if lethal force is justified. Deadly force can be used against a faulty tracer.

Use of Reasonable Force

This is always a defense. For example:

  • holds the arms of a violent person behind his back;
  • strikes a dog on the way to attack a child;
  • holds a person who intentionally beats a child; or
  • escort a trustee from the premises.

Defense against Defamation, including Libel and Defamation

Defense Against False Prison

Reasonable deprivation of liberty without arrest is a legal privilege codified by California Penal Code § 490.5 (f) (1). For example, a warehousekeeper who believes that theft has been committed may imprison the suspect for a reasonable period of time.

Defense of champerty and maintenance

The use of venture capital to finance disputes has been tolerated in many states because defendants often have more resources available than injured plaintiffs. Recently, the Supreme Court of Ohio and some others have questioned whether such arrangements violate the traditional rule of champerty and maintenance.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to serving as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance deeds and insurance fraud almost equally for insurers and insurers. 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 zalma@zalma.com.

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

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 staff to become insurance claims staff.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Zalma on Twitter at https://twitter.com/bzalma ; Go to Barry Zalma videos on Rumble.com at https://rumble.com/c/c-262921; 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- [195659025] bibliotek / Read posts from Barry Zalma at https://parler.com/profile / Hymn / post; 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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