Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract Waiver of Subrogation Applies in Marine Insurance Policy Post 4938 Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog. Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy. In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes. BACKGROUND The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized. Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims. THE TIME CHARTER Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood. THE POLICY The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured. THE MASTER SERVICES CONTRACTS. Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims. ANALYSIS Fieldwood’s Motion Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood. U.S. Specialty Waived Its Rights of Subrogation The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood. Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention. The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation. Fieldwood’s motion for partial summary judgment was GRANTED. ZALMA OPINION Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver. (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 Go to the Insurance Claims Library – https://lnkd.in/gwEYk

YOU THINK THINGS ARE BAD NOW? WAIT TILL THE COPS SHOW UP! It's all fun and games until #Enforcers from the #Corporation of the United States show up! What you call "government" is nothing more than a #Criminal CORPORATION... And the #Police are it's "POLICY ENFORCERS" This is a FACT folks! The #Courts are operating under "Maritime Admiralty Law" and ONLY have #Jurisdiction over the "Legal Fiction" the state created the day you were born! (Your birth certificate) They have no jurisdiction over a living MAN or WOMAN! ONLY over the dead CORPORATION they created and duped YOU into "representing" as if it were you! IT'S NOT! And while this certainly IS a #CriminalConspiracy" it's NOT a "Conspiracy Theory" because it's a FACT, and not theoretical at all https://old.bitchute.com/video/M3fBOrMep94/

It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance! The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR...... Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it! Well folks.... that time is OVER! It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes! The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation! A criminal corporation that has enslaved YOU! They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got! Every last one of them belong in prison or worse! I've just about had enough of their criminal behavior myself! https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html

As long as you have #luciferian "government" control over people, you WILL HAVE #Corporations who are poisoning the population! This is because the illegitimate Luciferian "Government" will destroy all of their competition through over-regulation, #Police actions, and stupid "Statutes and Codes" that make ANYTHING HEALTHY illegal! I mean just look at RAW MILK! The Luciferian controlled "Federal Corporation" sends men wearing body armor and armed with machine guns to raid FARMS who sell RAW MILK to people who have signed a waiver, AND BEING FULLY AWARE OF ANY "RISKS" ASSOCIATED WITH RAW MILK.... Still wish to buy it! But you see.... THIS is a threat to their #Fascist dictatorship! ONLY the Luciferian "government" approved corporations may conduct #Commerce in America! WHO do these Amish Farmers think they are??? Selling RAW WHOLE MILK, just as YHWH created it, to the public??? NOT as long as the Luciferian #Criminals control this thing called "government" And it don't matter, left or right.... THEY ARE ALL CRIMINALS!!! And in the event you don't already know this.... The SAME Luciferian scumbags that control "government" also control the corporations who produce your FOOD!

IMAGINE YOURSELF SENDING A TACTICAL TEAM OF MEN WITH MACHINE GUNS TO OVERTAKE A FAMILY FOR TRADING IN NATURAL FOODS! It's what "government" does every day! Because if you were eating ALL NATURAL FOOD LIKE THIS, they could not force you to eat the poisons provided by their corporations to shorten your life and take control over your mind! WHO EXACTLY IS GOVERNMENT "REPRESENTING" WHEN THEY SEND MEN WITH MACHINE GUNS TO STOP CONSENSUAL TRANSACTIONS OF PEOPLE BUYING ALL NATURAL FOOD, AS PROVIDED BY YHWH? Can you answer that for me please??? WHO EXACTLY has the authority to tell another man what he may or may not eat??? And exactly HOW do people "give the government authority" that they themselves do not possess? YOU DON'T HAVE THE AUTHORITY TO TELL ANOTHER MAN WHAT HE MAY EAT! So how then, can you "authorize" the "government" to do this on YOUR BEHALF??? THINK ABOUT IT!!!

While she is a bit of a drama queen...... It's only because SHE SAYS what everyone else just THINKS! EVERYTHING that she says is essentially true. The ONLY thing that I take exception with is when she starts the racial stuff with "You are a white man Mr. Policeman" etc.... Folks... #Totalitarianism and #Authoritarianism based on "Maritime Admiralty Law" IS NOT BIASED! IT DISCRIMINATES AGAINST US ALL EQUALLY!!! So stop with the "Race" BS! It's "EVERYONE vs The Blue" Black, White, Red, Brown, and Yellow people are ALL being enslaved by a #Fraud based system of Maritime Admiralty Law.... SO STAND TOGETHER AND DROP THE RACIST BS! (Or you'll die a SLAVE, as will your children!) #Police are literally #Pirates operating under "Maritime Admiralty Law" They have no legitimate #Jurisdiction over YOU! But they OWN the "Legal Fiction" which you supposedly "represent".... The "Legal Fiction" is a #Corporation that was created with your BIRTH CERTIFICATE.... It is NOT YOU! But a lifetime of continuous brainwashing and indoctrination has led you to believe that it's you! So like a dummy, you GIVE THEM JURISDICTION by failing to challenge their claims that the "Legal Fiction" is YOU! You sincerely need to LEARN THE LAW! What #Police deal in is NOT law, it's POLICY of the CORPORATION of the United States! Thus their name.... "POLICE" enforce POLICY! This deception goes back over 100 years.... It is EXACTLY how you were converted from a FREE MAN or WOMAN Into a #Slave of the CORPORATION of the United States! ONLY YOU can represent yourself as a flesh and blood MAN or WOMAN! As long as you continue "representing" the "Legal Fiction" created with your birth certificate, you will remain a SLAVE! https://old.bitchute.com/video/eywSJy1ADqc/

Hiding Behind the BAR Why Attorneys are not Lawyers Feudal Tenancy If you think you are a landowner in America, take a close look at the warranty deed or fee title to your land. You will almost always find the words "tenant" or "tenancy." The title or deed document establishing your right as a tenant, not that of a landowner, has been prepared for transfer by a licensed BAR Attorney, just as it was carried out within the original English feudal system we presumed we had escaped from in 1776. A human being is the tenant to a feudal superior. A feudal tenant is a legal person who pays rent or services of some sort for the use and occupation of another's land. The land has been conveyed to the tenant's use, but the actual ownership remains with the superior. If a common person does not own what he thought was his land (he's legally defined as a "feudal tenant," not the superior owner), then a superior person owns the land and the feudal tenant - person pays him to occupy the land. This is the hidden Feudal Law in America. When a person (a.k.a. human being, corporation, natural person, partnership, association, organization, etc.) pays taxes to the tax assessor of the civil county or city government (also a person), it is a payment to the superior land owner for the right to be a tenant and to occupy the land belonging to the superior. If this were not so, then how could a local government sell the house and land of a person for not rendering his services (taxes)? We used to think that there was no possible way feudal law could be exercised in America, but the facts have proven otherwise. It's no wonder they hid the definition of a human being behind the definition of a man. The next time you enter into an agreement or contract with another person (legal entity), look for the keywords person, individual, and natural person describing who you are. Are you the entity the other person claims you are? When you "appear" before their jurisdiction and courts, you have agreed that you are a legal person unless you show them otherwise. You will have to deny that you are the person and state who you really are. Is the flesh and blood standing there in that courtroom a person by their legal definition? https://educate-yourself.org/cn/attorneysarenotlawyers13mar05.shtml

Occam’s Razor Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts. The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project. APPLICATION OF OCCAM’S RAZOR The analysis technique that proposes that the simplest of competing theories be preferred to the more complex. FACTUAL BACKGROUND Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed. From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project. Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction. DUTY TO DEFEND Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage. The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project. ANALYSIS The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply? The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute. THE HOLDING There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole. Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied. ZALMA OPINION This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend. (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 Go to the Insurance Claims Library – https://lnkd.in/gwEYk Subscribe to my substack at https://lnkd.in/gmmzUVBy

Las Vegas Culinary Workers Union (CWU) and their well-being, the rising cost of living in Las Vegas and the increased profitability of the sector in recent years, began the dispute underscores the tension between labor and corporate interests, at major hotel-casinos on the Strip in Las Vegas. The Las Vegas Culinary Workers Union (CWU) is a powerful force in the city's hospitality industry, representing over 60,000 workers across various hotel-casinos on the Las Vegas Strip. In recent years, the union has been at the forefront of several labor disputes, highlighting the growing tension between workers and major hotel-casino corporations. One of the key issues fueling these disputes is the rising cost of living in Las Vegas. Despite the city's booming tourism industry, many workers in the hospitality sector struggle to afford housing, healthcare, and other basic necessities. The union argues that wages have not kept pace with the increasing cost of living.

Dead In The Water - Maritime Admiralty UCC EVERYONE is stuck "in the matrix" because a large percentage of the world's population simply REFUSE to educate themselves, and to throw off the brainwashing they have endured! These are the people who call you a "conspiracy theorist" just like the #CIA created the term for them to do because they don't want those people finding out the #Truth! The entire system is based on "Maritime Admiralty Law" and the ONLY REASON that you are within it's #Jurisdiction is because you have not challenged it and made your stand under COMMON LAW! COMMON LAW is the "Law of the LAND" (Like the Constitution) "Maritime Admiralty Law" is the "Law of the SEA" and Commerce! UCC etc.... BUT IT'S NOT APPLICABLE TO LIVING MEN & WOMEN! The criminals of the state created YOUR BIRTH CERTIFICATE, which is a "Legal Fiction".... A #Corporation... and that corporation falls under the jurisdiction of maritime law! BUT YOU DON'T! UNLESS you "represent yourself" as that legal fiction! Which everyone does because they know no better! And when you TRY to tell them they dismiss you and call you a conspiracy theorist or something worse! The knowledge of the ages IS AT YOUR FINGERTIPS! But you'll refuse to do any research whatsoever because YOU THINK THAT YOU KNOW IT ALL ALREADY! https://youtu.be/CZIRAEraPIA