Almost every business will, at some time in its existence, be sued. The suits may be false and fraudulent, a suit where there is a possibility you will be found liable to the plaintiff or a suit where you owe no liability to anyone. Every insurer will face a suit for breach of contract or for causing damage to another person or entity as a result of negligent or intentional conduct. Every business, therefore, needs a proactive effort at risk management to avoid or limit litigation against it.
As contingent or unknown losses cannot be predicted by an individual business, it must manage the risk of loss by contingent events that will bring about suits seeking tort damages.
This course explains that risk management is the process of identification, analysis and either acceptance or mitigation of uncertainty in business. Essentially, risk management occurs anytime a business analyzes and attempts to quantify the potential for losses in business. The curse also explains how to deal with a lawsuit that is filed naming the business as a defendant, including how to obtain insurance before the suit and how to deal with your insurer after a suit is filed.
We also discuss how to retain and control the work of defense counsel if the business is sued for a tort or breach of contract but not insured and explain reasons why to settle or not settle a lawsuit.
Review Questions: What To Do When Your Company Gets Sued - And How to Prepare
Final Exam: What To Do When Your Company Gets Sued - And How to Prepare
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Barry Zalma, Esq., CFE, has practiced law in California for more than 42 years as an insurance coverage and claims handling lawyer. He now limits his practice to service as an insurance consultant and expert witness specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related dispute
He founded Zalma Insurance Consultants in 2001 and serves as its only consultant.
Consultant/Expert Witness : Zalma Insurance Consultants - [2009-07 to Current]
Consult with policy holders and insurers about claims handling and bad faith issues.
Attorney : Barry Zalma, Inc. - [1979-10 to Current]
Represent clients involved in litigation dealing with insurance, insurance coverage and insurance claims handling and insurance bad faith.
Senior Claims Representative : Fireman's Fund American Insurance Compan - [1967-09 to 1972-02]
Investigate and adjust claims presented to the Fireman's Fund insurance company by its insureds or by claimants seeking damages from the persons insured.
Special Agent, Intelligence : US Army Intelligence School - [1964-01 to 1964-12]
Became a US Army Intelligence Special Agent and Special Agent, US Army Intelligence Corps, Peoria, Illinois, residence office.
JD, Law : The University of West Los Angeles - [1967 to 1971]
AB, Philosophy : Claremont Men's College (Now Claremont McKenna College) - [1960 to 1963]