Barry Zalma, Inc.

08/31/2026

Convicted Felon Obtained Weapons by Fraud

Fraud & Murder Post 5438 Not Every Evidentiary Error, However, Leads to a New Trial. In United States of America v. Darius Carter, No. 24-3418, United States Court of Appeals, Eighth Circuit (August 25, 2026) Darius Carter, a convicted felon, could not lawfully buy a firearm. His girlfriend, Sarah Mason, was also unable to purchase one because she was only 20 years old....

Fraud & Murder Post 5438 Not Every Evidentiary Error, However, Leads to a New Trial. In United States of America v. Darius Carter, No. 24-3418, United States Court of Appeals, Eighth Circuit (A…

08/28/2026

A Factual Dispute is Enough to Require Trial

No Summary Judgment for Bad Faith for Lack of Evidence Post 5437 Genuine Dispute of Material Fact Avoids Summary Judgment In Riley and Rebecca Ross v. Allstate Vehicle And Property Insurance Company, and Illinois Corporation, No. 2:25-CV-00006-JAG, United States District Court, E.D. Washington (August 18, 2026), Pending before the USDC was Defendant's Motion for Partial Summary Judgment the plaintiffs brought claims against Allstate arising from its handling of an insurance claim....

No Summary Judgment for Bad Faith for Lack of Evidence Post 5437 Genuine Dispute of Material Fact Avoids Summary Judgment In Riley and Rebecca Ross v. Allstate Vehicle And Property Insurance Compan…

08/27/2026

The Need to Read an Insurance Policy

Courts Have Established a Duty to Read an Insurance Policy Post 5436 Subscribe to my substack at You will read from this link until you reach the the end of this blog post as the free part of Excellence in Claims Handling. You should consider joining as a paid member to get full access to articles for members only, to our news, analysis, insurance coverage, claims, insurance fraud and insurance webinars, by clicking at the button above....

Courts Have Established a Duty to Read an Insurance Policy Post 5436 Subscribe to my substack at You will read from this link until you reach the the end of this blog post as the free part of Excel…

08/26/2026

Insurance Proceeds Available in Specific Enforcement Action

Trial Court Must Determine What Part of the Insurance Proceeds Plaintiff was Entitled to Receive Post 5435 Specific Performance is an Equitable Remedy In Landon Cole v. Coty Link, No. 2024AP1372, Court of Appeals of Wisconsin, District III (August 18, 2026) Cole and Link entered into a purchase agreement for real property at 102 Knapp Street in Chetek, Wisconsin, for $105,000....

Trial Court Must Determine What Part of the Insurance Proceeds Plaintiff was Entitled to Receive Post 5435 Specific Performance is an Equitable Remedy In Landon Cole v. Coty Link, No. 2024AP1372, C…

08/26/2026

Offer Made and Accepted Creates Enforceable Contract

Policy Limits Demand Accepted Settles Claim Post 5434 See the full video at and at A Contingent Offer Accepted Ends the Dispute In Farmers Insurance Exchange, a California Reciprocal Insurance Exchange, The Superior Court For The County Of San Bernardino, Kathleen Ann Wood, E087128, California Court of Appeals, (July 9, 2026) Farmers Insurance Exchange insured Doyle Archer under an automobile policy with bodily injury limits of $15,000 per person and $30,000 per accident....

Policy Limits Demand Accepted Settles Claim Post 5434 See the full video at and at A Contingent Offer Accepted Ends the Dispute In Farmers Insurance Exchange, a California Reciprocal Insurance Exch…

08/25/2026

Just Being Wrong is not Bad Faith

Mere Negligence, Poor Judgment, Delay, Inadequate Investigation, Valuation Disagreement, or an Honest Mistake May Not Establish Bad Faith. Post 5433 In Joseph Russell Falasco v. USAA Casualty Insurance Company, No. 25-2632, United States Court of Appeals, Eighth Circuit (August 18, 2026) Joseph Russell Falasco insured a restored 1974 Porsche 911S through USAA. After the Porsche caught fire in August 2023, Falasco reported the loss and initially believed the vehicle was a total loss....

08/24/2026

USDC Refuses to Rule in Case With Same Issues in State Court

Federal Court Should Not Conflict With State Court Action Post 5432 New Mexico State Lawsuits Cannot be Confused with a Federal Declaratory Relief Action In Old Guard Insurance Co. v. Rudolfo Rodriguez; Emilio Pinon; et al, The City Of Albuquerque; Mayor Tim Keller; Jesse Valdez; And Consolidated Builders Of New Mexico et al., No. 1:26-cv-00073-MIS-JMR, United States District Court, D. New Mexico (August 18, 2026), Old Guard Insurance sought a federal declaratory judgment that it owed no duty to defend or indemnify Consolidated Builders and related defendants in asbestos-related New Mexico state lawsuits arising from renovation work at Albuquerque’s Gibson Health Hub/Gateway Center....

Federal Court Should Not Conflict With State Court Action Post 5432 New Mexico State Lawsuits Cannot be Confused with a Federal Declaratory Relief Action In Old Guard Insurance Co. v. Rudolfo Rodri…

08/21/2026

Auto Insurance Fraud Conviction Stands

Habeas Relief from an Insurance Fraud Conviction Based on an Incorrect Factual Determination Unavailable Post 5431 A Prisoner Seeking A Writ Of Habeas Corpus Has No Absolute Entitlement To Appeal A District Court's Denial Of His Petition. In Bryce A. Nickelson v. Secretary, Department Of Corrections, No. 8:23-cv-1081-KKM-SPF, United States District Court, M.D. Florida, Tampa Division (August 17, 2026) Bryce Nickelson, a Florida prisoner, was convicted by a state jury of making a false and fraudulent insurance claim and sentenced to 92.55 months in prison....

Habeas Relief from an Insurance Fraud Conviction Based on an Incorrect Factual Determination Unavailable Post 5431 A Prisoner Seeking A Writ Of Habeas Corpus Has No Absolute Entitlement To Appeal A…

08/20/2026

A Landlord Cannot Collect a Debt that Did Not Exist

Covid Emergency Eviction Moratorium Punishes Landlord Post 5428 In Koble Investments v. Elicia Marquardt v. James Miller, Intervenor-Appellant, Supreme Court, 420 Wis.2d 304, No. 2022AP182 (June 5, 2026.) (Reversing 412 Wis. 2d 1, 7 N.W.3d 915.) 2026 WI 19, 420 Wis.2d 308 Koble Investments served tenant Elicia Marquardt with an eviction notice for nonpayment of rent during Governor Tony Evers’s COVID-19 eviction moratorium....

Covid Emergency Eviction Moratorium Punishes Landlord Post 5428 In Koble Investments v. Elicia Marquardt v. James Miller, Intervenor-Appellant, Supreme Court, 420 Wis.2d 304, No. 2022AP182 (June 5,…

08/19/2026

Fraud Conviction for Stranger Originated Life Insurance Fraud

STOLI FRAUD Post 5430 In Daniel E. Carpenter v. United States Of America, No. 3:21-cv-1485(RNC), United States District Court, D. Connecticut (August 17, 2026) Daniel Carpenter was convicted after a bench trial of mail fraud, wire fraud, and money laundering offenses arising from a stranger-originated life insurance scheme involving stranger-originated life insurance (“STOLI”) and his attempt to avoid the conviction by a motion pursuant to 28 U.S.C....

STOLI FRAUD Post 5430 In Daniel E. Carpenter v. United States Of America, No. 3:21-cv-1485(RNC), United States District Court, D. Connecticut (August 17, 2026) Daniel Carpenter was convicted after…