• https://www.youtube.com/watch?v=nNaqR1q3i7E We’ve talked about the 300,00 missing kids under Biden, Jim where are the missing 16 milion American voters? Obama got around 65 million votes both times. Kamala got around 65 million votes. Biden gets 81 million. Did Kamala really get 16 million votes less?

    There is alot of talk about Trump going after the 51 intelligence agents that lied about the Hunter Biden lap top and then the rest of the intelligence agencies and permanent class in DC. Thoughts on this?

    We are only a few days into Trumps landslide win. The Houthis say they are ready to stop fighting. Ukraine is being forced to the table, Trump ripping off band aid of tax payer money to Zelensky, Putin is now saying he will speak with Trump and Putin said Russia won’t abandon the US dollar and wants to do trade deals. What is happening. The world has changed in less than a week just by knowing a new leaders in coming into office. Thoughts please.

    Senator Mitch McConnell held back money from Trump endorsed house reps and senate races. In some cases putting money against them. Now he’s stepping down and Senator John Thune who wants to run the senate on behalf of Republicans is telling Trump to stay out of the senate majority leader discussion. Why and then why wouldn’t Trump want John Thune who betrayed trump over and over again?

    Texas Secretary of State Jane Nelson just announced a large-scale audit of the 2024 election that will include hand counting of ballots in certain races.

    Any fraud identified will get prosecuted.

    Two part question. What few things does Trump need to make good on for America to make us great again. What things does Trump need to do to set up the next republican nominee in 2028 so we can keep the white house for more time?
    https://www.youtube.com/watch?v=nNaqR1q3i7E We’ve talked about the 300,00 missing kids under Biden, Jim where are the missing 16 milion American voters? Obama got around 65 million votes both times. Kamala got around 65 million votes. Biden gets 81 million. Did Kamala really get 16 million votes less? There is alot of talk about Trump going after the 51 intelligence agents that lied about the Hunter Biden lap top and then the rest of the intelligence agencies and permanent class in DC. Thoughts on this? We are only a few days into Trumps landslide win. The Houthis say they are ready to stop fighting. Ukraine is being forced to the table, Trump ripping off band aid of tax payer money to Zelensky, Putin is now saying he will speak with Trump and Putin said Russia won’t abandon the US dollar and wants to do trade deals. What is happening. The world has changed in less than a week just by knowing a new leaders in coming into office. Thoughts please. Senator Mitch McConnell held back money from Trump endorsed house reps and senate races. In some cases putting money against them. Now he’s stepping down and Senator John Thune who wants to run the senate on behalf of Republicans is telling Trump to stay out of the senate majority leader discussion. Why and then why wouldn’t Trump want John Thune who betrayed trump over and over again? Texas Secretary of State Jane Nelson just announced a large-scale audit of the 2024 election that will include hand counting of ballots in certain races. Any fraud identified will get prosecuted. Two part question. What few things does Trump need to make good on for America to make us great again. What things does Trump need to do to set up the next republican nominee in 2028 so we can keep the white house for more time?
    Angry
    1
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  • According to retired U.S. Army Major General Paul E. Vallely, if Pentagon officials go through with their attempts to subvert the will of POTUS47, they will be facing TREASON charges.

    TREASON: Military Brass Holding ‘Informal Discussions’ on How to Override Trump 47’s Orders
    https://www.thegatewaypundit.com/2024/11/treason-military-brass-holding-informal-discussions-how-override/
    
    §2381. Treason
    Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
    (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, §330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
    According to retired U.S. Army Major General Paul E. Vallely, if Pentagon officials go through with their attempts to subvert the will of POTUS47, they will be facing TREASON charges. TREASON: Military Brass Holding ‘Informal Discussions’ on How to Override Trump 47’s Orders https://www.thegatewaypundit.com/2024/11/treason-military-brass-holding-informal-discussions-how-override/  §2381. Treason Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States. (June 25, 1948, ch. 645, 62 Stat. 807; Pub. L. 103–322, title XXXIII, §330016(2)(J), Sept. 13, 1994, 108 Stat. 2148.)
    0 Commentarii 1 Distribuiri 28 Views
  • It's Monday, November 11, 2024 and this is day 3311 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada.

    #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal

    It's Monday, November 11, 2024 and this is day 3311 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada. #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal
    0 Commentarii 0 Distribuiri 35 Views

  • No Breach of Contract no Bad Faith

    Happy Veterans Day to My Fellow Veterans

    Some Claims Proper Some Not

    Read the full article at https://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec, shttps://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec and at https://zalma.com/blog plus more than 4900 posts.

    Post 4929

    Vepo Design Corporation and its officers (collectively, “Vepo”) appealed the district court’s grant of summary judgment on their breach of contract and bad faith claims against American Economy Insurance Company (“AEIC”). Vepo’s claims relate to AEIC’s denial of coverage following a fire in a laundromat, known as the “Central Laundromat,” which Vepo was developing.

    In Vepo Design Corporation, et al. v. American Economy Insurance Company, No. 23-55634, United States Court of Appeals, Ninth Circuit (November 4, 2024) the issues were resolved serially.

    DECISIONS

    Business Income

    The Ninth Circuit reversed the district court’s grant of summary judgment in favor of AEIC on Vepo’s business income claim, which concerns income Vepo contends it would have earned operating the Central Laundromat if the fire had not occurred. AEIC argued that Vepo’s claim for lost income was too speculative given that the Central Laundromat was still under construction and Vepo had not secured additional financing to own and operate it.

    Construing the facts in the light most favorable to Vepo as the non-moving party the Ninth Circuit concluded that there is sufficient evidence to create a genuine dispute of material fact and that Vepo’s claim for lost business income is not unduly speculative.

    There is evidence that Vepo was contemplating an arrangement under which it would own and operate the Central Laundromat for a period of time before selling it, and that Vepo later engaged in similar arrangements for other laundromats. Vepo, which was experienced in the laundromat industry, also demonstrated that it had a history of securing financing for its laundromat projects and that it intended to refinance the Central Laundromat once a certificate of occupancy was received. Although Vepo had not secured refinancing for the Central Laundromat as of the time of the fire, Vepo’s Principal Owner stated in her declaration and confirmed at her deposition that it was too early to do so in the project timeline. That Vepo had yet to refinance does not render its claim too speculative as a matter of law and its losses are for a jury to decide.

    Extra Expense

    The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of AEIC for the extra expenses that Vepo allegedly incurred in storing laundry equipment in a warehouse owned by Vepo’s sister company following the fire. While the policy only required the expense to be incurred, not paid, there was insufficient evidence to create a triable issue over whether the expense was incurred at all. No payment changed hands between the two entities, and there is no accounting record showing that Vepo was liable for the storage amount. When the same person signed as representative of both entities, does not create a genuine dispute of material fact.

    Lost Profits

    The Ninth Circuit concluded that the district court properly granted summary judgment on Vepo’s claim for lost profits on the prospective sale of the laundromat. Even assuming that such a loss would be covered under the policy, the claim fails because the policy limited coverage to losses that occur within one year of the incident. Vepo’s plan called for it to own and operate the Central Laundromat for at least one year after opening, which would place any hypothetical sale more than a year after the pre-opening fire.

    Individual Personal Property Claims

    The Ninth Circuit affirmed summary judgment for AEIC on the claims by the individual plaintiffs for their own personal property that was allegedly lost in the fire. As the district court correctly found, Vepo did not identify what individual property was lost or its worth. The individual plaintiffs’ claims were too unsupported to create a triable issue.

    Bad Faith

    The Ninth Circuit partially reversed the district court’s grant of summary judgment on Vepo’s bad faith claim, to the extent of the single insurance claim it allowed to go forward-the business income claim.

    The district court may permit any further motions practice on the bad faith claim as it deems appropriate. However, it affirmed the district court’s grant of summary judgment on the bad faith claim insofar as that claim is premised on any of the other breach of contract claims to which AEIC is entitled to judgment as a matter of law.

    There is never a claim for breach of the implied duty of good faith and fair dealing if there was no improper denial of coverage under the policy.

    ZALMA OPINION

    The importance of this case is the reiteration of the law that there can never be a viable tort of bad faith if there is no improper denial of a claim by breach of the insurance contract. If the one cause of action remaining was breached in bad faith and there was no genuine dispute over coverage, that cause can be brought for bad faith damages. The other decisions of the Ninth Circuit were obvious and well reasoned.

    (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
    No Breach of Contract no Bad Faith Happy Veterans Day to My Fellow Veterans Some Claims Proper Some Not Read the full article at https://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec, shttps://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec and at https://zalma.com/blog plus more than 4900 posts. Post 4929 Vepo Design Corporation and its officers (collectively, “Vepo”) appealed the district court’s grant of summary judgment on their breach of contract and bad faith claims against American Economy Insurance Company (“AEIC”). Vepo’s claims relate to AEIC’s denial of coverage following a fire in a laundromat, known as the “Central Laundromat,” which Vepo was developing. In Vepo Design Corporation, et al. v. American Economy Insurance Company, No. 23-55634, United States Court of Appeals, Ninth Circuit (November 4, 2024) the issues were resolved serially. DECISIONS Business Income The Ninth Circuit reversed the district court’s grant of summary judgment in favor of AEIC on Vepo’s business income claim, which concerns income Vepo contends it would have earned operating the Central Laundromat if the fire had not occurred. AEIC argued that Vepo’s claim for lost income was too speculative given that the Central Laundromat was still under construction and Vepo had not secured additional financing to own and operate it. Construing the facts in the light most favorable to Vepo as the non-moving party the Ninth Circuit concluded that there is sufficient evidence to create a genuine dispute of material fact and that Vepo’s claim for lost business income is not unduly speculative. There is evidence that Vepo was contemplating an arrangement under which it would own and operate the Central Laundromat for a period of time before selling it, and that Vepo later engaged in similar arrangements for other laundromats. Vepo, which was experienced in the laundromat industry, also demonstrated that it had a history of securing financing for its laundromat projects and that it intended to refinance the Central Laundromat once a certificate of occupancy was received. Although Vepo had not secured refinancing for the Central Laundromat as of the time of the fire, Vepo’s Principal Owner stated in her declaration and confirmed at her deposition that it was too early to do so in the project timeline. That Vepo had yet to refinance does not render its claim too speculative as a matter of law and its losses are for a jury to decide. Extra Expense The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of AEIC for the extra expenses that Vepo allegedly incurred in storing laundry equipment in a warehouse owned by Vepo’s sister company following the fire. While the policy only required the expense to be incurred, not paid, there was insufficient evidence to create a triable issue over whether the expense was incurred at all. No payment changed hands between the two entities, and there is no accounting record showing that Vepo was liable for the storage amount. When the same person signed as representative of both entities, does not create a genuine dispute of material fact. Lost Profits The Ninth Circuit concluded that the district court properly granted summary judgment on Vepo’s claim for lost profits on the prospective sale of the laundromat. Even assuming that such a loss would be covered under the policy, the claim fails because the policy limited coverage to losses that occur within one year of the incident. Vepo’s plan called for it to own and operate the Central Laundromat for at least one year after opening, which would place any hypothetical sale more than a year after the pre-opening fire. Individual Personal Property Claims The Ninth Circuit affirmed summary judgment for AEIC on the claims by the individual plaintiffs for their own personal property that was allegedly lost in the fire. As the district court correctly found, Vepo did not identify what individual property was lost or its worth. The individual plaintiffs’ claims were too unsupported to create a triable issue. Bad Faith The Ninth Circuit partially reversed the district court’s grant of summary judgment on Vepo’s bad faith claim, to the extent of the single insurance claim it allowed to go forward-the business income claim. The district court may permit any further motions practice on the bad faith claim as it deems appropriate. However, it affirmed the district court’s grant of summary judgment on the bad faith claim insofar as that claim is premised on any of the other breach of contract claims to which AEIC is entitled to judgment as a matter of law. There is never a claim for breach of the implied duty of good faith and fair dealing if there was no improper denial of coverage under the policy. ZALMA OPINION The importance of this case is the reiteration of the law that there can never be a viable tort of bad faith if there is no improper denial of a claim by breach of the insurance contract. If the one cause of action remaining was breached in bad faith and there was no genuine dispute over coverage, that cause can be brought for bad faith damages. The other decisions of the Ninth Circuit were obvious and well reasoned. (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
    WWW.LINKEDIN.COM
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  • #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦
    Angry
    1
    0 Commentarii 0 Distribuiri 37 Views
  • #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦
    0 Commentarii 0 Distribuiri 34 Views
  • #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦
    0 Commentarii 0 Distribuiri 34 Views
  • BREAKING: Toronto Police arrest Rebel News journalist David Menzies yet again!
    There’s something deeply wrong in Canada when police actively protect masked, shrieking Hamas supporters, many of whom aren’t even Canadian citizens, storming through Jewish neighbourhoods calling for a genocide, and arrest a peaceful journalist documenting that antisemitic crime wave.
    #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    https://www.rebelnews.com/shock_video_toronto_police_arrest_rebel_news_journalist_david_menzies_yet_again
    BREAKING: Toronto Police arrest Rebel News journalist David Menzies yet again! There’s something deeply wrong in Canada when police actively protect masked, shrieking Hamas supporters, many of whom aren’t even Canadian citizens, storming through Jewish neighbourhoods calling for a genocide, and arrest a peaceful journalist documenting that antisemitic crime wave. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/shock_video_toronto_police_arrest_rebel_news_journalist_david_menzies_yet_again
    WWW.REBELNEWS.COM
    BREAKING: Toronto Police arrest Rebel News journalist David Menzies yet again
    Moments ago, Rebel News journalist David Menzies was arrested by Toronto Police while he was reporting at a weekly pro-Israel street rally.
    0 Commentarii 0 Distribuiri 47 Views
  • #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦
    0 Commentarii 0 Distribuiri 39 Views
  • #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦
    0 Commentarii 0 Distribuiri 35 Views
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