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  • https://medforth.biz/the-husband-of-afd-politician-beatrix-von-storch-is-being-monitored-by-the-german-office-for-the-protection-of-the-constitution-because-he-registered-a-domain-against-abortion/
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  • EUO is a Material Condition Precedent

    Claim Properly Denied for Refusal to Testify at EUO

    Post 4936

    Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    See the full video at and at

    Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO).

    In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced.

    FACTUAL BACKGROUND

    Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy).

    One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property.

    Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy.
    Hughes’s Complaint Against Farmers

    One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination.

    Farmers’ Motion for Summary Judgment

    Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy.

    In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.”

    In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination.

    Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination.

    Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath.
    Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial

    The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.”

    DISCUSSION

    The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law.

    An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy.
    Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy.
    Breach of Implied Covenant Claim

    The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law.

    ZALMA OPINION

    Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
    EUO is a Material Condition Precedent Claim Properly Denied for Refusal to Testify at EUO Post 4936 Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. See the full video at and at Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO). In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced. FACTUAL BACKGROUND Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy). One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property. Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy. Hughes’s Complaint Against Farmers One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination. Farmers’ Motion for Summary Judgment Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy. In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.” In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination. Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination. Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath. Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.” DISCUSSION The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law. An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy. Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy. Breach of Implied Covenant Claim The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law. ZALMA OPINION Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
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    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
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  • https://medforth.biz/biased-bbc-sides-with-labour-government-against-british-farmers/
    https://medforth.biz/biased-bbc-sides-with-labour-government-against-british-farmers/
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  • Change
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  • WW3 ALERT: US & UK Green-Light Storm Shadow Missile Strikes Deep into Russia https://www.infowars.com/posts/ww3-alert-us-uk-green-light-storm-shadow-missile-strikes-deep-into-russia
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  • John Chapter Nine- I was Blind, Now I See

    https://www.youtube.com/watch?v=JMlm6b0rkzk&list=PLLH7MtTdZnrKZx-GWCsDnjO8M2Enz7SiD&index=77
    John Chapter Nine- I was Blind, Now I See https://www.youtube.com/watch?v=JMlm6b0rkzk&list=PLLH7MtTdZnrKZx-GWCsDnjO8M2Enz7SiD&index=77
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  • SETTING THE RECORD STRAIGHT ONCE AND FOR ALL -
    WHO ARE GOD’S CHOSEN PEOPLE? (SEE LINK IN DESC.)

    #Jews are definitely NOT "God's People"


    https://old.bitchute.com/video/41g95tA3clTR/
    SETTING THE RECORD STRAIGHT ONCE AND FOR ALL - WHO ARE GOD’S CHOSEN PEOPLE? (SEE LINK IN DESC.) #Jews are definitely NOT "God's People" https://old.bitchute.com/video/41g95tA3clTR/
    OLD.BITCHUTE.COM
    Setting the record straight once and for all - Who are God’s chosen people? (See link in desc.)
    Link to "An eye opening message to ALL Christians regarding Israel" https://old.bitchute.com/video/2Yr1DqoNuhUL/ For over 1800 years, the Jews were scattered throughout all nations without a homeland. Then, in 1948, the impossible happened: the St…
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  • The Babylonian Talmud

    Download this filth, and then search the text for "Jesus"
    who they also call Baalam

    This is a book of #Evil and lies!
    #Judaism is purely #Satanic

    Babylonian Talmud Complete VOL I-X PDF

    https://ia600505.us.archive.org/10/items/the-babylonian-talmud-english/TheBabylonianTalmudEnglish.pdf
    The Babylonian Talmud Download this filth, and then search the text for "Jesus" who they also call Baalam This is a book of #Evil and lies! #Judaism is purely #Satanic Babylonian Talmud Complete VOL I-X PDF https://ia600505.us.archive.org/10/items/the-babylonian-talmud-english/TheBabylonianTalmudEnglish.pdf
    WWW.HOLYBOOKS.COM
    Babylonian Talmud Complete VOL I-X PDF
    Talmud: Babylonian Talmud - here is English translation that was finished and published in 1918 and remains the authoritative version of Talmud Bavli.
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  • Ep. 3503b - [DS] Prepares Their 3 Staged Plan To Stop Trump, Trump Has The Ultimate Countermeasure
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    The [DS] was very quite before the election, now we know they planned everything post election. The [DS] has prepared the 3 staged plan to stop Trump. They are prepared to bring the economy down, create chaos on Jan 6 and the 20th and start WWIII. They will now push all three as we approach Jan. Trump has the ultimate countermeasure, peace. Peace will shut it all down and the allow the economy to recover,he will round up the illegals, in the end the [DS] plan will fail.
    Ep. 3503b - [DS] Prepares Their 3 Staged Plan To Stop Trump, Trump Has The Ultimate Countermeasure https://www.bitchute.com/video/PQFHLmPR7dmu/?list=notifications&randomize=false The [DS] was very quite before the election, now we know they planned everything post election. The [DS] has prepared the 3 staged plan to stop Trump. They are prepared to bring the economy down, create chaos on Jan 6 and the 20th and start WWIII. They will now push all three as we approach Jan. Trump has the ultimate countermeasure, peace. Peace will shut it all down and the allow the economy to recover,he will round up the illegals, in the end the [DS] plan will fail.
    WWW.BITCHUTE.COM
    Ep. 3503b - [DS] Prepares Their 3 Staged Plan To Stop Trump, Trump Has The Ultimate Countermeasure
    Which Foods Contain The Hidden Toxin Go find that video at https://GutCleanseProtocol.com/X22 The [DS] was very quite before the election, now we know they planned everything post election. The [DS] has prepared the 3 staged plan to stop Trump. They are prepared to bring the economy down, create chaos on Jan 6 and the 20th and start WWIII. They will now push all three as we approach Jan. Trump has the ultimate countermeasure, peace. Peace will shut it all down and the allow the economy to recover,he will round up the illegals, in the end the [DS] plan will fail. Improve Your Sleep Promo Code X22 To Unlock Special Offers http://bioptimizers.com/x22 All source links to the report can be found on the x22report.com site. Most of artwork that are included with these videos have been created by X22 Report and they are used as a representation of the subject matter. The representative artwork included with these videos shall not be construed as the actual events that are taking place. Intro Video Music: YouTube Free Music: Cataclysmic Molten Core by Jingle Punks Intro Music: YouTube Free Music: Warrior Strife by Jingle Punks Fair Use Notice: This video contains some copyrighted material whose use has not been authorized by the copyright owners. We believe that this not-for-profit, educational, and/or criticism or commentary use on the Web constitutes a fair use of the copyrighted material (as provided for in section 107 of the US Copyright Law. If you wish to use this copyrighted material for purposes that go beyond fair use, you must obtain permission from the copyright owner. Fair Use notwithstanding we will immediately comply with any copyright owner who wants their material removed or modified, wants us to link to their web site, or wants us to add their photo. The X22 Report is "one man's opinion". Anything that is said on the report is either opinion, criticism, information or commentary, If making any type of investment or legal decision it would be wise to contact or consult a professional before making that decision. Use the information found in these videos as a starting point for conducting your own research and conduct your own due diligence before making any significant investing decisions.
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  • Another failure, SpaceX leak problem that has NASA worried with these spacecrafts to send astronauts to the ⚔, SpaceX opted to land it in the Gulf of Mexico. The causes of the failure remains unclear. Investigation got warnings that the tower may not be work correctly.
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  • I see resistance!
    I see resistance!
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  • https://realrawnews.com/2024/11/fema-director-deanne-criswell-beaten-to-pulp-at-gitmo-after-guards-find-phone-in-her-cell/
    https://realrawnews.com/2024/11/fema-director-deanne-criswell-beaten-to-pulp-at-gitmo-after-guards-find-phone-in-her-cell/
    REALRAWNEWS.COM
    FEMA Director Deanne Criswell Beaten “to Pulp” at GITMO after Guards Find Phone in Her Cell
    FEMA Director Deanne Criswell, still awaiting a military tribunal and held in pretrial detainment at Guantanamo Bay’s Camp Delta internment facility, was beaten to “a pulp” Sunday night after White Hats performing a routine inspection found a phone in her cell. As reported previously, the malevolent woman was arrested on conspiracy and sedition charges in September and flown to GITMO to stand trial. Sources there have told Real Raw News that President Donald J. Trump asked Vice Adm. Crandall to delay her tribunal until he returns to the Oval Office on January 20, though the reason for the postponement is unclear. A JAG source at GITMO told RRN that the White Hat-aligned 525th Military Battalion routinely tosses cells for contraband and that Criswell’s chamber had been searched four times before the November 17 inspection at which the MPs found the phone inside a pillowcase. At 4:00 p.m. that day, a visibly nervous Criswell was told to “cuff up” and pulled from the cell as a pair of MPs entered and began tossing her meager belongings—law books, a copy of the King James Bible, onto whose pages she had scrawled “There is no God,” personal hygiene supplies, and bedding. When the MPs shook out a pillowcase, an active iPhone 14 tied to a prepaid AT&T account fell to the floor. The MPs confronted Criswell, demanding to know from whom she had acquired the phone. But Criswell wouldn’t speak; instead, she smirked at the MPs and told them, “I’m smarter than you are,” which prompted one MP to pull out his retractable baton and start slapping Criswell across the face with it, lacerating her and causing her left eye to bulge from its socket. The pain didn’t perturb Criswell, who continued smirking in defiance even as a 5th lashing slashed her right cheek wide open. Afterward, Criswell was taken to the hospital and stitched up. Our source said her face is currently swollen and unrecognizable. She’s refused to tell GITMO staff the name of the person who gave the phone—sources say it had to be either a soldier of the 525th or someone in a position of power at GITMO. Having inspected the phone, White Hats determined that Criswell had been communicating with FEMA’s central office in D.C. While Criswell’s cell had a camera, it was fixed, meaning no coverage directly beneath it. “That issue’s been remedied,” our source said, without expounding on details. He said all MPs and GITMO staff with access to Criswell’s cell will be polygraphed and interviewed. Free Speech and Alternative Media are under attack by the Deep State. Real Raw News needs reader support to survive and thrive. We have no corporate advertisers, nor billionare philantripists looking to support efforts to expose the Deep State’s evil agenda. Every donation, irrespective of the amount, is appreciated and helps ensure our survival in these perilous times. Please do not give your hard-earned money to sites or channels that copy/paste our intellectual property. We spend countless hours vetting, researching, and writing. Thank you. Every dollar helps. Contributions help keep the site active and help support the author (and his medical bills) Contribute to Real Raw News via GiveSendGo
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  • https://t.me/trottasilvano/38924
    https://t.me/trottasilvano/38924
    T.ME
    Silvano Trotta Officiel
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