Insurance and Claims Law Books
How to Buy an Appropriate Homeowner Policy and Successfully Claim the Insurer
homeowners cover outside the structure . Household insurance is nothing more than an agreement between a person applying for insurance and an insurance company that promises to protect the insured against the risk of loss of certain described properties. or liability to third parties. The insurer can be set up as a stock insurance company, a mutual insurance company, a exchange insurance exchange or a syndicate of insurance companies writing through an insurance market such as Lloyd & # 39 ;s, London. The insured may be a person, a company, a partnership, a limited liability company, a limited liability company, a joint venture or any other legal entity.
Available as a Kindle Book here. Available as a paperback book here.
It & # 39; s Time to Abolish The Tort of Bad Faith
The concept of unintended consequences is one of the building blocks of the economy. Adam Smith's "invisible hand", the most famous metaphor in the social sciences, is an example of a positive unintended consequence.
INSURANCE AS A NECESSITY
Neither the courts nor the state authorities seem to be aware that in a modern, capitalist society, insurance is a necessity. No wise person takes the risk of starting a business, buying a home or driving a car without insurance. The risk of losing everything would be too great. By using insurance to spread the risk, take the risk of starting a business, buying a home or driving a car becomes possible.
Insurance has existed since a group of Sumerian farmers, more than 5,000 years ago, scraped together a clay tablet as if one of their numbers lost its harvest to storms, the others would pay part of their income to the injured. Over the years, the insurance has become more sophisticated, but the deal is basically the same. An insurance company, whether it is an individual or a business unit, takes fees (premiums) from many and keeps the money to pay the few who lose their property from some accident, such as fire. The agreement, a written agreement to pay damages to another if a certain problem, accident or damage that is uninterrupted, ie that occurs by chance, is called insurance.
In a modern industrial society, almost everyone is involved in or with insurance business. They insure against the risk of getting sick, losing a car in an accident, losing business due to fire, becoming disabled, losing their life, losing a home due to flood or earthquake or being sued for unintentional cause of injury to another . The insurers, insured or persons who are injured by the insured are dependent on each other.
In a country where human interactions are governed solely by the terms of written agreements, insurance would be an easy way to spread risk and provide compensation based on promises from the insurance contract. But in this real world, insurance contracts are governed by statutes adopted to ostensibly protect the consumer from insurance policies, rules imposing obligations on insurers' conduct and court decisions and courts interpreting insurance contracts.
A simple insurance contract between two parties can say: "I insure you against the risk of losing your engagement ring valued at $ 15,000 of all risks of direct physical loss except wear and tear for a premium you pay at $ 15.00." Anyone who could read would understand that contract. If something happens to damage, destroy or lose the ring, the insurer will pay you $ 15,000.00. However, insurers cannot sign such a simple agreement because the state requires many conditions that complicate the policy formulation and confuse the average person. The states and courts that did so had nothing but good intentions to protect the consumer from the insurer and control the insurer's documents.
The accident was created because the courts considered that the insurers treated their insured badly and defeated the purpose. for which insurance is acquired. It has served its purpose. Laws and regulations for fair settlement rules are now available to control insurers who do not act in good faith. Insurance fraud statutes and ordinances help insurance companies that have been deceived by those they insure or who are victims of attempted insurance fraud.
It is time that all contracts, including insurance contracts, are treated like all other contracts and insured persons who believe that the insurer has breached the insurance contract can sue to get back the benefits promised by the insurance.
Available as a paperback book here. Available as a Kindle book here.
Insurance fraud costs everyone
Fictional true crime stories about insurance fraud from an expert who explains why insurance fraud is a "Heads I Win, Tails You Lose" situation for insurers.
Fictional true crime stories about insurance fraud from an expert who explains why insurance fraud is a "Heads I Win, Tails You Lose" situation for insurance companies.
The stories help to understand how insurance fraud in America costs thousands who buy insurance thousands of dollars each year and why insurance fraud is safer and more profitable for the perpetrators than any other crime.
This book began as a collection of columns that I wrote and published in the Insurance Journal, "Insurance Week" and "The John Cooke Insurance Fraud Report" insurance industry publications that serve the insurance community in the US Since the last issue I have added more stories published in my newsletter twice a month, Zalma's insurance fraud letter which is available for free to anyone who clicks on the links.
Available as a Kindle Book and available as a paperback book from Amazon.com.  "Get the Whole Truth: Interview Techniques for the Lawyer"
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.To obtain enough relevant information is absolutely necessary in everything a lawyer does to protect a 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.
The Insurance Survey Under Oath Second Edition
A tool available to insurers to thoroughly investigate claims and work to defeat fraud
A tool available to insurers to carefully investigate claims and work to defeat fraud. ("EUO") is a formal type of 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 conducted 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 US insurance companies. A professional insurer will only require an insured person to file an EUO when a thorough claim gives rise to questions:. If the application of coverage to the facts of the loss, the possibility of fraud is attempted, or to assist the insured to the obligation to prove to the insurer the cause and magnitude of the loss.
Although EUO is rarely used, it is an important tool that insurers need in terms of coverage, destruction of evidence needed to prove a compensable loss or the size of loss or evidence indicating the risk of attempted fraud. The provisions of the EUO and legal measures in an insurance are circumstances which are provided with the 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 recovery costs, but only nullifies his ability to bring a suit until he has fully complied with these conditions.
Available as paperback here