The law of unintended consequences and damage of bad faith and Arson-for-profit fire at Cowboy Bar & Grill
Barry Zalma, Esq., CFE, an insurance cover and patent manager created a library of insurance claims and other materials that enable insurers and their personnel to become insurance managers.
For those who serve the insurance industry and its policyholders (whether they are lawyers, adjusters, claims management or public insurance adjusters) the ability to perform their duties properly in good faith, it is imperative that they retain the professionalism of insurance.
The books described in this post need a home in every law office, every insurance company. every independent adjustment office office and in every adjustment company for public insurance.
Barry Zalma's insurance protection library will provide essential resources and will go a long way in creating a staff of insurance officers. The books below are a small taste of insurance legislation and insurance claims written by Barry Zalma and available at amazon.com and at http://zalma.com/blog/insurance-claims-library/ or the individual links on each of the book described.
The law of unintended consequences and torture of bad faith
The concept of unintended consequences is one of the building blocks of the economy. Adam Smith's "invisible hand," the most well-known metaphor of social science, is an example of a positive unintentional consequence.
However, the law of unintended consequences often illuminates the perverted unforeseen effects of legislation and regulation. In 1
to reduce the maximum rate of interest from 6 percent to 4 percent. Insurance is controlled by the courts, through appeal decisions, and by state authorities, by statute and regulation. Compliance with appeal decisions, statutes and regulations – different in different states – is extremely difficult and expensive.
Unfortunately, the insurance business is subject to the law of accidental consequences as if it were on steroids.  Available as a Paperback
Available as a Kindle Book
"The Compact Property Adjustment Book – Second Edition Book"
A First Party Insurance Adjusters Handbook
The insurance adjuster is not mentioned in the insurance policy. The obligation to investigate and prove a claim falls on the insured. Standard First Party Property Insurance, based on the New York Standard Fire Insurance Policy, contains terms that require the Insured to file a sworn proof of loss within seven days of the loss to prove the insurer's facts and amounts of loss.
The policy allows the insurer occasionally to respond to the insured's proof of loss. The insurer may then either accept or reject the evidence provided by the insured.
Technically, if the formulation of the policy was followed literally the insurer could sit back, do nothing and wait for the evidence. If the insured was late to submit the proof, the insurer could decline the claim. If the insured issues early evidence of loss, the insurer can either accept or reject evidence of loss. If the insurer rejected the proof of loss, the insured can either send a new one or give up and not get any of the claim. The guidelines would be difficult because the policy contract limited the right to sue at times when the proof of loss conditions had been fulfilled.
Insured and insurer were not happy with that system. It made it too difficult for a lay person to successfully present a requirement. The system, as written in the standard fire policy, seemed to conflict with good faith and fair associations that had been the basis of the insurance contract for centuries. Most insurance companies understood that their insurance policies were mostly unable to comply with the strict compliance with the political conditions. In order to meet good faith and fair insurance companies, the insurer created its duty to deal fairly and in good faith with the insured.
The second edition adds new material from 2018 and 2019, is easier to use and more compact than the original.
Available as a Kindle book.
Available as a paperback.
"Compatibility Compensation Adaptation Book, Second Edition"
A Liability Compensator Adaptation Manual
This Compact Compensation Booklet Compilation Book is designed to gives the new adjustment a basic foundation in what is needed to become competent and effective insurance adjustment. It is also available as an update for the experienced adjuster.
The responsibility force teacher quickly learns that there is little difficulty with an applicant (the person who alleged bodily injury or property damage against an insured person) if the claim is paid as required. The insured may be unhappy if the claimant's claim is paid as presented because most people do not believe they were doing anything wrong or fearing an increase in the premiums for subsequent policy.
The adjuster must be prepared to anoint the insured's feelings, explain why in the law and the policy it was appropriate to pay the creditor and that the settlement is in the best interest of both the insured and the insurer the representative represents.
The adjuster knows and must be prepared to explain to an insured that if a claim is opposed or denied, the plaintiff will be unhappy, will likely be judged. If not settled immediately, the plaintiff's lawyers will claim the insured over the coal to prove that the insured is responsible for the damage. The disputes take time, effort and money to determine the extent of the damage and who is responsible for the damage. Failure to resolve immediately can cost the insured his or her reputation and will surely cost the insurer much more than the claim could have been solved for if it had been resolved before the plaintiff retained a lawyer.
Available as a Kindle book
"Arson-for-Profit Fire at Cowboy Bar & Grill"
A true crime novel based on the experience of the author, Barry Zalma, as in 51 years have acted for insurers who faced the fire department, one of the most dangerous insurance fraud. The book explains how an insurance manager, who works with a fire protection and origin expert, a forensic accountant and insurance consultant, could defeat a system of urgent profit and get a judgment that requires the offender not to take anything and pay back the insurer all his expenses to defeat claim.
Available as a paperback.
Available as a Kindle book.