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

The Ancient Writing that Defies Explanation: The Easter Island Script #mystery #history #joerogan Lost Artifact: Is the Ark of the Covenant Hidden in Ethiopia? https://www.youtube.com/shorts/LeZDYI7tsW4

These North Carolina & Eastern Tennessee Towns Are Open And Need Your Business “We appreciate your support to our local economy this fall, as we rely on this season heavily.”

At least she did not entirely ignore Easter like the Biden Creature did. https://www.breitbart.com/politics/2024/03/31/nancy-pelosi-marks-cesar-chavez-day-on-easter-sunday/

VIDEO - HOW DID NAZISM RETURNED TO UKRAINE? BY 1654, UKRAINE WAS A LITTLE KINGDOM IN THE MIDDLE OF NOWHERE IN EASTERNMOST EUROPE. THE RUSSIAN EMPIRE MADE IT BIGGER WITH THE RUSSIAN TZARS ADDING TERRITORY. BASICALLY, UKRAINE AND RUSSIA ARE THE SAME, SAME ORIGINS, SAME PEOPLE, SAME CULTURE AND SAME LANGUAGE. AFTER THE RUSSIAN REVOLUTION OF 1917, UKRAINE BECAME ONE OF THE SOVIET REPUBLICS THAT FORMED THE SOVIET UNION. THE SOVIET UNION ADDED MORE RUSSIAN TERRITORY TO THE SOVIET REPUBLIC OF UKRAINE. AFTER WORLD WAR 2, STALIN GAVE UKRAINE MORE LAND TAKEN FROM HITLER AND EVEN IN 1954, THE SOVIET LEADER NIKITA KHRUSHCHEV CEDED CRIMEA TO UKRAINE. CRIMEA IS VERY IMPORTANT FOR RUSSIA, BEING THE HEADQUARTERS OF THE RUSSIAN NAVY BLACK SEE FLEET, BUT IN 1954 IT DIDN'T MATTER, UKRAINE WAS PART OF THE SOVIET UNION AND CRIMEA REMAINED SOVIET. UKRAINE IS SOMEHOW TWO COUNTRIES: THE EASTERN HALF IS RUSSIAN SPEAKING AND THE PEOPLE ARE RUSSIANS BUT IN THE WESTERN UKRAINE, THE LANGUAGE IS SLIGHTLY DIFFERENT AND PEOPLE FEEL MORE "EUROPEAN". HITLER INVADED RUSSIA FROM THE WEST BY UKRAINIAN TERRITORY. WESTERN UKRAINIANS RECEIVED THE NAZIS AS 'LIBERATORS' AND COOPERATED WITH HITLER. AFTER VICTORY OVER NAZISM, HITLER'S IDEOLOGY STAYED IN UKRAINE BUT UNDERGROUND. WHEN THE SOVIET UNION DISINTEGRATED IN 1991, UKRAINE BECAME AN INDEPENDENT COUNTRY BUT IT WAS SUPPOSED TO REMAIN NEUTRAL, AS A BUFFER ZONE BETWEEN RUSSIA AND THE COUNTRIES OF NATO. UKRAINE WOULD NOT BE PART OF NATO OR THE EUROPEAN UNION. IN 2014, UNDER OBAMA, THERE WAS A SOROS' (C.I.A. & U.S.) INSPIRED AND FUNDED "COLOR REVOLUTION" IN UKRAINE, NAZIS CAME OUT OF THE CLOSET, THE NEW GOVERNMENT TRIED TO ERADICATE EVERY FOOTPRINT OF RUSSIAN CULTURE FROM UKRAINE, INCLUDING THE USE OF THE RUSSIAN LANGUAGE AND THE BANNING OF THE RUSSIAN ORTHODOX CHURCH. RUSSIAN SPEAKING PEOPLE WERE SUBJECT OF TORTURE AND IMPRISONMENT. RUSSIAN PEOPLE IN THE EAST, REVOLTED AGAINST THE KIEV GOVERNMENT IN A SECESSION MOVEMENT AND CIVIL WAR. EVENTUALLY, RUSSIA ENTERED THE WAR TO RETAKE WHAT WAS RUSSIA BEFORE, RECOGNIZING THE REBEL REGIONS AS PART OF THE RUSSIAN FEDERATION AND DOING A REFERENDUM TO RETURN CRIMEA UNDER RUSSIAN SOVEREIGNTY. YOU ALREADY KNOW THE REST OF THE STORY.

https://medforth.biz/britons-can-experience-the-magic-of-christmas-and-easter-together-with-aldis-dairyfine-hollow-character-eggs-i-was-so-confused/

Exiled Prince of Iran Calls on Israel to Overthrow Regime in Tehran The exiled prince of Iran is calling on Iran's Middle Eastern neighbors to fight back against Tehran's influence, support Israel in the war, and bring down the dictatorship. "The regime in Tehran is responsible for the deaths of hundreds of thousands of innocents: Iranians, Arabs, and Israelis. Christians, Muslims, and Jews," said Reza Pahlavi, the exiled Crown Prince of Iran. Pahlavi, the son of Iran's last shah, also said that a majority of Iranians want their own oppressive government removed, CBN News reports. https://rumble.com/v5j08pp-exiled-prince-of-iran-calls-on-israel-to-overthrow-regime-in-tehran.html

Copied If you think communism would be a better plan, study Cuba or North Korea, or former Eastern Bloc countries like East Germany pre-1989. Except for the government and the elite (who will still be rich), everyone is equally poor. There's no freedom of movement. There's no freedom of speech - what you're saying about candidates now could get you jailed - or worse. You'll work 16 hours a day, 6-7 days a week producing for the government, and have nothing to show for it. Vacation time? GONE. Retirement? GONE. Your sol purpose will be living for the government under the guise of doing it for the people. Why do you think people are willing to risk it all to come here? Why do you think no one is doing the same to go there? If you think the capitalist way is so bad, why are so many people coming here from all over the world? If you really want to live under communism, Cuba does take US refugees.

Golden Tortoise Beetle taking off.. The Golden Tortoise Beetle, scientifically known as *Charidotella sexpunctata*, is a striking insect recognized for its shiny, metallic gold appearance. Found primarily in the Americas, especially in the southeastern United States, this beetle can often be seen on the leaves of various plants, where it feeds primarily on morning glories. Notably, the beetle's coloration can change due to environmental factors, such as humidity or stress, which may lead to a reddish or coppery hue. This ability to alter its color serves as a form of camouflage and helps protect it from predators. #fye

A dik-dik is a small antelope species belonging to the genus Madoqua, native to the savannas and scrubs of eastern and southern Africa. Characterized by their compact size, large eyes, and elongated snouts, dik-diks typically weigh between 10 to 15 pounds and stand about 12 to 16 inches tall at the shoulder. They are known for their shy and elusive nature, and they primarily feed on leaves, fruits, and grasses. Dik-diks are also notable for their monogamous breeding habits and unique vocalizations, which include a distinctive alarm call that sounds like a high-pitched "dik-dik."