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The Tort of Bad Faith & Investigation of Insurance Fraud



See the full video at https://rumble.com/c/c-262921 and at https://youtu.be/7pC0y9ZnkCQ [19659004] I

t has been said that where fear enters, reason escapes. Doubt, with its wavering in opinion and judgment, comes from a fear of the unknown. It is an unrealistic point of view that develops from defects in knowledge or evidence. But when a subject or situation is studied and understood, the unknown becomes known and fear and doubt are overcome. Irrational decisions are thus avoided or minimized, so that the current problem is more likely to be solved successfully. And so it is with the irrational thinking and attitudes that are related to dealing with suspicious allegations and concerns about the torture of bad faith.

What do fear and doubt have to do with evil against evil faith? In fact, the adjusters are faced almost daily with everything from an insured's intentional failure to cooperate to attempts at bad faith, intimidation and threats of lawsuits against bad faith. [See Borland v. Safeco Ins. Co., 147 Ariz. 195, 709 S.2d 552 (Ct. App. 1985), for a detailed discussion of how an insured and her lawyer played games with claimants that the court described as "untrained or inexperienced, and careless." The court was also critical of the activities of the lawyer who was intimately involved in the claim from day one. The claim involved a burglary of jewelry and a simultaneous insurance with the home insurance company. The insured's reasons for having two homeowner policies were not addressed.

An enormous pressure will affect adjusters, which inevitably leads to a conflict between their obligation to provide services to insured persons and their equally important and compelling duty to keep them honest.Donestly insured and unethical lawyers use extortionate tactics, which are designed to hinder an insurer's legitimate investigation and force insurers to pay dubious and worthless Unfortunately, this tactic is often successful, as many adjusters in does not have the specialized training, education or knowledge required to answer correctly.

Part of the problem is the reluctance of some companies to train, educate and support experienced. Adjusters and SIU investigators claim to be confident and confront the issues. Insurers must provide moral and financial support, including appropriate staff and training, to effectively investigate, detect and control fraudulent activities. As a result, some inexperienced, untrained and inefficient creditors are scared and pay off debts that should not be paid.

It is clear that the only way that adjusters and insurers can minimize their vulnerability to exposures in bad faith and at the same time time control fraud, is to become an expert in all aspects of property management. Only competence is insufficient.

Although contract law is filled with references to the obligations of good parties, the rules have generally not been applied evenly and fairly in the case of insurance contracts. In most cases, the burden of good faith and fair trade has been one-sided, ie it has been placed almost exclusively on the shoulders of insurance companies. Little attention has been paid to the insured's activities, regardless of whether it has been a breach of conditions or other conduct against public order.

Insurance fraud is an obstacle to the ability to price insurance reasonably and to the efficient operation of the insurance industry. The damage in bad faith was created for good reasons that some insurance companies took unreasonable and unfair advantage of those they insured. Insurance fraudsters have taken advantage of the attempt to get insurers to act fairly and have made the insurer a victim who cannot or does not want to fight insurance fraud for fear of damages. This video goes a long way in explaining what really happens to insurance companies that are exposed to fraud.


© 2021 – Barry Zalma

Barry Zalma, Esq., CFE, now limits his practice to working as an insurance consultant specializing in insurance coverage, insurance claims handling, bad faith insurance and insurance fraud almost as much 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 and claims management attorney and more than 54 years in the insurance industry.

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 insurance companies and their indemnity staff to become insured.

Go to the podcast Zalma On Insurance at https://anchor.fm/barry-zalma; Follow Mr. 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 Insurance Claims Library-https: //zalma.com/blog/insurance-claims-library/ T the last two issues of ZIFL are available 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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