• House & Senate Republicans working together stopped Democrats from passing hundreds of bills in lameduck, including the following:
    -$25 billion of new pension debt
    -Drivers licenses for illegal aliens
    -Garbage, water, sewer & rain taxes
    -Subsidies for Hollywood elites
    -National Popular Vote
    -Ranked Choice Voting
    -Eliminate charter schools
    -Early release violent felons
    -Eliminate cash bonds for violent felons
    -Prohibit 80% of Michigan construction workers from working on public works projects
    -Making it near impossible to redevelop brownfields
    -Venezuela style price & rent control
    -Toll Roads
    -Billions of new corporate welfare
    -$10m for tampons in boy bathrooms
    -$500 tax credit for e-bikes
    -Forcing libraries to carry porn
    -Call prostitution “commercial sex activity”
    -Double the cost for marriage license
    -$250m for GM to tear down the RenCen while they’re laying off thousands of workers
    -New gun bans & gun store/manufacturing liability
    -Increased fees to go hunting & fishing
    -Higher costs to employ workers
    -New payroll tax on workers
    -More government property & less private property
    -Shutting down rural & urban hospitals dealing with staff shortages
    -Unlimited lawsuits on small business
    -Higher auto insurance rates
    -Rulemaking authority to EGLE that would take away private property rights
    -Retail store licensure
    -Vape & flavor bans
    -Increasing the cost to install septic systems
    -A massive, partisan end of the year spending bill

    @MIGOP @MISenate @MI_Republicans @RepMattHall @SenAricNesbitt @FightLikeHall @NezzieTeam
    House & Senate Republicans working together stopped Democrats from passing hundreds of bills in lameduck, including the following: -$25 billion of new pension debt -Drivers licenses for illegal aliens -Garbage, water, sewer & rain taxes -Subsidies for Hollywood elites -National Popular Vote -Ranked Choice Voting -Eliminate charter schools -Early release violent felons -Eliminate cash bonds for violent felons -Prohibit 80% of Michigan construction workers from working on public works projects -Making it near impossible to redevelop brownfields -Venezuela style price & rent control -Toll Roads -Billions of new corporate welfare -$10m for tampons in boy bathrooms -$500 tax credit for e-bikes -Forcing libraries to carry porn -Call prostitution “commercial sex activity” -Double the cost for marriage license -$250m for GM to tear down the RenCen while they’re laying off thousands of workers -New gun bans & gun store/manufacturing liability -Increased fees to go hunting & fishing -Higher costs to employ workers -New payroll tax on workers -More government property & less private property -Shutting down rural & urban hospitals dealing with staff shortages -Unlimited lawsuits on small business -Higher auto insurance rates -Rulemaking authority to EGLE that would take away private property rights -Retail store licensure -Vape & flavor bans -Increasing the cost to install septic systems -A massive, partisan end of the year spending bill @MIGOP @MISenate @MI_Republicans @RepMattHall @SenAricNesbitt @FightLikeHall @NezzieTeam
    1 Reacties 0 aandelen 691 Views

  • Inadequate Litigant’s Cases Dismissed

    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate

    Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts.

    Post 4950

    In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff.

    FACTS

    Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility.

    Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed.

    BACKGROUND

    The facts underlying this case involve four discrete events.

    First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case.

    Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court.

    Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz.

    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.
    Initial Lawsuit Against Medical Facility

    Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility.

    After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case.

    Visiting Doctor for Eye Injury

    Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California.

    Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor.

    Report to Dental Board

    Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked.

    Instant Complaint and Judgment

    Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case.

    The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal.

    DISCUSSION

    Did the trial court err in granting the anti-SLAPP motion?

    Did it err in sustaining the demurrers?

    The California Court of Appeals concluded the trial court did not err.
    Anti-SLAPP Motion

    In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]”

    In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity.

    ANALYSIS

    Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim.

    If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point.

    DEMURRERS

    Both Cantrell and the State filed demurrers to Riaz’s complaint..

    Additional Background

    A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action.

    Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause.

    Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order.
    CONCLUSION AND SUMMARY

    Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2.

    ZALMA OPINION

    It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions.

    (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
    Inadequate Litigant’s Cases Dismissed Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Read the full article at https://lnkd.in/gECRyZ-f, see the full video at https://lnkd.in/gs_4Bby9 and at https://lnkd.in/g67dDK8q, and https://zalma.com/blog plus more than 4950 posts. Post 4950 In Samreen Riaz v. State Of California, et al., F087504, California Court of Appeals, Fifth District (December 2, 2024) the California Court of Appeals found itself asked to resolve suits against an individual and the state of California from an inadequate but excessively litigious plaintiff. FACTS Samreen Riaz was a licensed dentist – she lost her license to practice because of the facts underlying this case. According to her, there is an elaborate conspiracy to harass, stalk, threaten, and ultimately prevent her from testifying in a separate “whistleblower” case involving “OSHA and HIPPA Violations” at a medical facility. Riaz sued raising numerous claims against numerous individuals and government entities. The opposing parties challenged the complaint’s viability through demurrer and anti-SLAPP proceedings. The trial court sustained the demurrers and granted the anti-SLAPP motion, leaving Riaz with no viable claim. Riaz appealed. BACKGROUND The facts underlying this case involve four discrete events. First: Riaz sued a medical facility and suffered an alleged eye injury while attempting to testify in that case. Second: She sought treatment for that eye injury but was refused service and then sued that doctor in small claims court. Third: That doctor reported Riaz to the Dental Board of California which, in turn, initiated mental health competence proceedings against Riaz. Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case. Initial Lawsuit Against Medical Facility Acting as a “whistleblower,” Riaz “disclosed … OSHA, Hippa, recruited patient, potential insurance fraud and anti-competent activities in the market” at a medical facility. After filing a lawsuit on that basis, Riaz claimed she suffered “organized harassment,” culminating in “permanent eye damage” after a sheriff-department employee pointed a finger in her face while attempting to enter the courthouse in her “whistleblower” case. Visiting Doctor for Eye Injury Riaz visited Dr. Cantrell to treat an eye injury. She claimed Cantrell became combative, refused to answer Riaz’s questions, and declined to treat Riaz. The next day, Riaz filed a complaint with the Medical Board of California. Several days later, she filed a small claims case against Cantrell, essentially alleging discrimination, negligence, and retaliation. A small claims judgment was eventually entered in Cantrell’s favor. Report to Dental Board Cantrell reported Riaz to the Dental Board. The Dental Board issued an order to Riaz to comply with a mental health examination “to evaluate her fitness to practice safely ….” (See Bus. &Prof. Code, § 820.) Riaz failed to comply with the order. Since Riaz continued to disobey the order, her license to practice dentistry was ultimately revoked. Instant Complaint and Judgment Riaz sued Cantrell, various government entities, and several individuals working for those entities (collectively, the State). The complaint alleged an elaborate conspiracy among all the defendants to injure Riaz, to intimidate her to prevent her from testifying, and to retaliate against her for the “whistleblower” case. The trial court sustained the demurrers and granted the anti-SLAPP motion resulting in total dismissal. DISCUSSION Did the trial court err in granting the anti-SLAPP motion? Did it err in sustaining the demurrers? The California Court of Appeals concluded the trial court did not err. Anti-SLAPP Motion In the anti-SLAPP motion, Cantrell argued his furnishing information to the Dental Board was protected activity and defeated claims “for discrimination, fraud, defamation, retaliation[,] and intentional infliction of emotional distress[.]” In opposition to the anti-SLAPP motion, Riaz claimed again Cantrell “made inaccurate, knowingly misleading statements to the [D]ental [B]oard to defame and harm [Riaz] based on disclosing patient information.” The trial court concluded furnishing those documents to the board constituted protected activity. ANALYSIS Litigation of an anti-SLAPP motion involves a two-step process. First, the moving defendant bears the burden of establishing that the challenged allegations or claims that arise from protected activity in which the defendant has engaged. Second, for each claim that does arise from protected activity, the plaintiff must show the claim has at least minimal merit. If the plaintiff cannot make this showing, the court will, and did, strike the claim. If there is no merit, the claim is stricken. The Court of Appeals noted that Riaz failed to adduce any evidence-including exhibits, declarations, judicial notice, and testimony-to substantiate her allegation Cantrell reported her to the Dental Board for retribution. She failed to adduce admissible evidence on the point. DEMURRERS Both Cantrell and the State filed demurrers to Riaz’s complaint.. Additional Background A small claims plaintiff is collaterally estopped from relitigating the same issue in superior court where the record is sufficiently clear to determine that the issue was litigated and decided against plaintiff in the small claims action. Governmental immunity is an affirmative defense properly raised by demurrer. Government Code section 821.6 immunizes public employees from liability for ‘instituting or prosecuting any judicial or administrative proceeding’ within the scope of their employment, even if the employees act ‘maliciously and without probable cause. Riaz alleged her claims arose in July 2022. Her written government claim was submitted in April 2023, more than six months later. Accordingly, the claims were barred, at least insofar as they stemmed from the section 820 order. CONCLUSION AND SUMMARY Riaz failed to allege colorable claims against either Cantrell or the State. The potential claims against Cantrell were either tried and resolved against her in small claims court or dismissed pursuant to the anti-SLAPP statute. The potential claims against the State were either barred for failure to timely present them under the Government Claims Act, or the State was immune under Government Code sections 821.6, 818.4, and 821.2. ZALMA OPINION It is axiomatic that a person who represents himself has a fool for a client. The litigation history, the multiple actions, and the lack of consistency and evidence, establish that Dr. Cantrell was correct when he advised the Dental Board that a mental health examination to evaluate her fitness to practice safely…” was correct. She refused to fulfill her obligation to the Dental Board to be evaluated because she was concerned she would not pass. This case is an abuse of Doctor Cantrell and the state and should have resulted in serious sanctions. (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
    LNKD.IN
    Inadequate Litigant’s Cases Dismissed
    Plaintiff, by her Litigation Appears to Establish the Report for a Mental Health Evaluation Was Appropriate Post 4950 Posted on December 18, 2024 by Barry Zalma See the full video at https://rumble.com/v607fvb-inadequate-litigants-cases-dismissed.
    0 Reacties 0 aandelen 2K Views
  • UNLIKE DONALD #TRUMP... I want #Police held accountable for their #Criminal actions! Trump says he wants to make Police even more "ABOVE THE LAW" than they are now! That is insane!

    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims!

    And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans!


    I have been telling people this for YEARS!

    I install replacement windows for a living.....
    My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work!

    I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work.....

    I simply install windows, and MUST HAVE liability insurance!

    Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above!

    They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis

    Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have
    MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance?

    You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY???

    I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent..

    THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT!
    And that would make their premiums go up...

    And when it has happened several times
    (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again!

    This is something that MUST HAPPEN!
    We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE!

    And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS!

    If they turn them off it should be an automatic 25 years in prison!

    The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay

    THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS!

    Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever!

    STOP enabling criminal behavior by Police!
    STOP enabling criminals to walk free among us!

    DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE!

    Because if you should fail to do this....
    Your children and grandchildren will live as #Slaves and under #Tyranny

    https://www.minds.com/newsfeed/1651406135372025867?referrer=conservativethinking
    UNLIKE DONALD #TRUMP... I want #Police held accountable for their #Criminal actions! Trump says he wants to make Police even more "ABOVE THE LAW" than they are now! That is insane! Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans! I have been telling people this for YEARS! I install replacement windows for a living..... My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work! I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work..... I simply install windows, and MUST HAVE liability insurance! Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above! They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance? You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY??? I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent.. THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT! And that would make their premiums go up... And when it has happened several times (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again! This is something that MUST HAPPEN! We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE! And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS! If they turn them off it should be an automatic 25 years in prison! The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS! Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever! STOP enabling criminal behavior by Police! STOP enabling criminals to walk free among us! DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE! Because if you should fail to do this.... Your children and grandchildren will live as #Slaves and under #Tyranny https://www.minds.com/newsfeed/1651406135372025867?referrer=conservativethinking
    WWW.MINDS.COM
    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 an... | Minds
    ...nce policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 and 18 U.S.C. ...
    0 Reacties 0 aandelen 1K Views
  • SPAZ COP SHOWS FANGS: THIS IS WHY WE'RE NOT FREE IN AMERICA!

    The #Police are cowardly punks who hide behind the "thin blue line GANG"
    They are the "hall monitors" from school... The very same kids that got beat up
    EVERY DAY and made to wear someone's jock strap on their empty head.

    They are the mental midgets who actually believe they have more rights than you do!
    They believe that THEY can break the law, and YOU must "do as they say"

    This is a breed which needs to go EXTINCT!
    These little tyrant scumbags need to go the cages they want too put YOU into!

    EVERY COP violates the law on a daily basis...
    violates their #Oath to "Protect and Defend the Constitution" DAILY

    And all it would take to put an end to their reign of terror is for Americans
    (ALL OF THEM) to stop tolerating their unlawful, retaliatory behavior, and to
    START ENFORCING THE SAME LAWS EVERYONE ELSE MUST FOLLOW ON POLICE!

    If Police were actually "Held Accountable" they'd ALL be in jail!
    But you know what... They would IMMEDIATELY STOP BREAKING THE LAW

    Every blue-belly scumbag in this country should be
    REQUIRED BY LAW TO CARRY LIABILITY INSURANCE TO BE ELIGIBLE TO WORK!

    This way, when an American sues them for misconduct or Police Brutality and wins,
    THE GUILTY COP'S INSURANCE WOULD PAY - INSTEAD OF TAXPAYERS!

    This would cause the guilty cop's insurance rate to climb....
    An INCENTIVE for him to stop abusing Americans and violating the LAW!

    Should he continue violating the rights of Americans, and continues getting sued and found liable, HIS INSURANCE WOULD BE CANCELLED, LEAVING HIM UNABLE TO WORK AS A POLICE OFFICER!

    You see.... Police will NEVER "hold themselves accountable!
    PROSECUTORS will NEVER HOLD POLICE ACCOUNTABLE CRIMINALLY!!!

    But an insurance company has no issue with it at all!
    They'd GLADLY end the career of a dirty cop!

    And it's also time for TITLE 18 U.S.C. § 241 (Conspiracy Against Rights) and
    18 U.S.C. § 242 (Deprivation of Rights Under Color of Law) to start being ENFORCED on Law Enforcement!

    Police violate these FEDERAL STATUTES EVERY DAY!
    But Federal PROSECUTORS never charge them under the statutes because they are
    aiding and abetting the criminal actions of Police!

    ANY PROSECUTOR FOUND TO HAVE FAILED TO CHARGE A POLICE OFFICER GUILTY UNDER THESE STATUTES SHOULD ALSO BE CHARGED UNDER THE SAME STATUTE!

    It is time to STOP TOLERATING criminal behavior from government employees!


    https://old.bitchute.com/video/vIsZJ_0FMsY/
    SPAZ COP SHOWS FANGS: THIS IS WHY WE'RE NOT FREE IN AMERICA! The #Police are cowardly punks who hide behind the "thin blue line GANG" They are the "hall monitors" from school... The very same kids that got beat up EVERY DAY and made to wear someone's jock strap on their empty head. They are the mental midgets who actually believe they have more rights than you do! They believe that THEY can break the law, and YOU must "do as they say" This is a breed which needs to go EXTINCT! These little tyrant scumbags need to go the cages they want too put YOU into! EVERY COP violates the law on a daily basis... violates their #Oath to "Protect and Defend the Constitution" DAILY And all it would take to put an end to their reign of terror is for Americans (ALL OF THEM) to stop tolerating their unlawful, retaliatory behavior, and to START ENFORCING THE SAME LAWS EVERYONE ELSE MUST FOLLOW ON POLICE! If Police were actually "Held Accountable" they'd ALL be in jail! But you know what... They would IMMEDIATELY STOP BREAKING THE LAW Every blue-belly scumbag in this country should be REQUIRED BY LAW TO CARRY LIABILITY INSURANCE TO BE ELIGIBLE TO WORK! This way, when an American sues them for misconduct or Police Brutality and wins, THE GUILTY COP'S INSURANCE WOULD PAY - INSTEAD OF TAXPAYERS! This would cause the guilty cop's insurance rate to climb.... An INCENTIVE for him to stop abusing Americans and violating the LAW! Should he continue violating the rights of Americans, and continues getting sued and found liable, HIS INSURANCE WOULD BE CANCELLED, LEAVING HIM UNABLE TO WORK AS A POLICE OFFICER! You see.... Police will NEVER "hold themselves accountable! PROSECUTORS will NEVER HOLD POLICE ACCOUNTABLE CRIMINALLY!!! But an insurance company has no issue with it at all! They'd GLADLY end the career of a dirty cop! And it's also time for TITLE 18 U.S.C. § 241 (Conspiracy Against Rights) and 18 U.S.C. § 242 (Deprivation of Rights Under Color of Law) to start being ENFORCED on Law Enforcement! Police violate these FEDERAL STATUTES EVERY DAY! But Federal PROSECUTORS never charge them under the statutes because they are aiding and abetting the criminal actions of Police! ANY PROSECUTOR FOUND TO HAVE FAILED TO CHARGE A POLICE OFFICER GUILTY UNDER THESE STATUTES SHOULD ALSO BE CHARGED UNDER THE SAME STATUTE! It is time to STOP TOLERATING criminal behavior from government employees! https://old.bitchute.com/video/vIsZJ_0FMsY/
    OLD.BITCHUTE.COM
    SPAZ COP Shows Fangs: This is Why We're NOT FREE in America!
    🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Become a Channel member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/join Support the channel: ⭐ Patreon: https://www.patreon.com/highimpactflix ✅ CashApp: https://cash.app/$HighImpa…
    0 Reacties 0 aandelen 859 Views
  • Pure Ego and Abuse of Power - Retaliation After Feelings Get Hurt

    As usual... the ONLY "#Criminal behavior" in this video was that of #Police!

    Police are nothing more than state protected #OrganizedCrime, who are protected BOTH from Criminal penalties for their behavior AND for financially liability for their actions.... UNLIKE ANY OTHER AMERICANS, POLICE ARE NOT HELD ACCOUNTABLE FOR THEIR ACTIONS!

    Not ever!
    Which is kinda funny, since there is FEDERAL LAW they violate on a daily basis!

    Specifically, these Police Officers are guilty of violating
    TITLE 18 U.S.C. § 241 "Conspiracy Against Rights" AND
    TITLE 18 U.S.C. § 242 "Deprivation of Rights Under Color of Law"

    This tells me that FEDERAL PROSECUTORS are complicit in these #Crimes by failing to prosecute these clear violations, which enables the criminal Police officers to commit more and more crimes against the public!

    It is time to start charging BOTH the Police Officers who violate these statutes AND the Federal Prosecutors who enable their conduct, even "aiding & abetting" the conduct by failing to prosecute the criminal officers under these statutes when it is clearly applicable, and they are clearly in violation!

    That is correct.... CHARGE THE PROSECUTORS TOO!
    You see.... when you allow the CRIMINALS to run the "prison" you end up with #Corruption, like we have in EVERY POLICE DEPARTMENT ACROSS AMERICA!

    It's time that these officers are tried under COMMON LAW as a MAN or WOMAN who has done harm to another MAN or WOMAN. Whether that be a false arrest, police brutality and assault, or just financial #Terrorism!

    The days of "Letting it slide" are OOVER!
    It is time to get some ACCOUNTABILITY! ( For a much needed change )

    https://youtu.be/4X3UpOMrSdE
    Pure Ego and Abuse of Power - Retaliation After Feelings Get Hurt As usual... the ONLY "#Criminal behavior" in this video was that of #Police! Police are nothing more than state protected #OrganizedCrime, who are protected BOTH from Criminal penalties for their behavior AND for financially liability for their actions.... UNLIKE ANY OTHER AMERICANS, POLICE ARE NOT HELD ACCOUNTABLE FOR THEIR ACTIONS! Not ever! Which is kinda funny, since there is FEDERAL LAW they violate on a daily basis! Specifically, these Police Officers are guilty of violating TITLE 18 U.S.C. § 241 "Conspiracy Against Rights" AND TITLE 18 U.S.C. § 242 "Deprivation of Rights Under Color of Law" This tells me that FEDERAL PROSECUTORS are complicit in these #Crimes by failing to prosecute these clear violations, which enables the criminal Police officers to commit more and more crimes against the public! It is time to start charging BOTH the Police Officers who violate these statutes AND the Federal Prosecutors who enable their conduct, even "aiding & abetting" the conduct by failing to prosecute the criminal officers under these statutes when it is clearly applicable, and they are clearly in violation! That is correct.... CHARGE THE PROSECUTORS TOO! You see.... when you allow the CRIMINALS to run the "prison" you end up with #Corruption, like we have in EVERY POLICE DEPARTMENT ACROSS AMERICA! It's time that these officers are tried under COMMON LAW as a MAN or WOMAN who has done harm to another MAN or WOMAN. Whether that be a false arrest, police brutality and assault, or just financial #Terrorism! The days of "Letting it slide" are OOVER! It is time to get some ACCOUNTABILITY! ( For a much needed change ) https://youtu.be/4X3UpOMrSdE
    0 Reacties 0 aandelen 896 Views
  • When Rejected in Writing no UM/UIM Coverage

    Read the full article at https://lnkd.in/gwt49KRg, see the full video at https://lnkd.in/ggwkMJ_U and at https://lnkd.in/gbFpkHtK and https://zalma.com/blog plus more than 4900 posts.

    When Rejected in Writing no UM/UIM Coverage
    Post 4939

    Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s counterclaim against Progressive, and in favor of Rasier-DC, LLC and Uber Technologies, Inc. on her crossclaim against those defendants.

    In Progressive Express Insurance Company v. Karina Monasterio, Uber Technologies, Inc., Rasier – DC, LLC, No. 24-11256, United States Court of Appeals, Eleventh Circuit (November 18, 2024) the Eleventh Circuit affirmed the USDC.

    FACTS

    Progressive sued for declaratory judgment.

    Monasterio counterclaimed seeking a declaration that Florida’s TNC Act required Progressive, Rasier-DC, and Uber to provide uninsured motorist coverage for her accident.

    Florida’s TNC Act required insurance coverage may be maintained by the TNC, the TNC driver, or the TNC vehicle owner, or it may be provided by a combination of their policies.

    FLORIDA UM/UIM COVERAGE REQUIREMENTS

    Florida Statutes provide that no motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any “specifically insured or identified motor vehicle” registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto.

    Neither Rasier-DC nor any other named insured paid the premium for uninsured motorist coverage.

    THE APPEAL

    The Eleventh Circuit concluded that the statutory text is clear. The policy was not issued for any “specifically insured or identified motor vehicle” registered or garaged in Florida. So, the requirements of the statute did not apply.

    Because statute did not require uninsured motorist coverage for the auto insurance policy the TNC Act did not.

    ZALMA OPINION

    It is always important for a court to read the language of the applicable statute and the policy to determine coverage on an automobile insurance policy. Here the TNC, Raiser-DC rejected UM/UIM coverage and coverage was clearly not required by the statute. The only question I have is why the parties thought it was worth their time and effort to appeal to the Eleventh Circuit.

    (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://lnkd.in/gmmzUVBy
    Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    When Rejected in Writing no UM/UIM Coverage Read the full article at https://lnkd.in/gwt49KRg, see the full video at https://lnkd.in/ggwkMJ_U and at https://lnkd.in/gbFpkHtK and https://zalma.com/blog plus more than 4900 posts. When Rejected in Writing no UM/UIM Coverage Post 4939 Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s counterclaim against Progressive, and in favor of Rasier-DC, LLC and Uber Technologies, Inc. on her crossclaim against those defendants. In Progressive Express Insurance Company v. Karina Monasterio, Uber Technologies, Inc., Rasier – DC, LLC, No. 24-11256, United States Court of Appeals, Eleventh Circuit (November 18, 2024) the Eleventh Circuit affirmed the USDC. FACTS Progressive sued for declaratory judgment. Monasterio counterclaimed seeking a declaration that Florida’s TNC Act required Progressive, Rasier-DC, and Uber to provide uninsured motorist coverage for her accident. Florida’s TNC Act required insurance coverage may be maintained by the TNC, the TNC driver, or the TNC vehicle owner, or it may be provided by a combination of their policies. FLORIDA UM/UIM COVERAGE REQUIREMENTS Florida Statutes provide that no motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any “specifically insured or identified motor vehicle” registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto. Neither Rasier-DC nor any other named insured paid the premium for uninsured motorist coverage. THE APPEAL The Eleventh Circuit concluded that the statutory text is clear. The policy was not issued for any “specifically insured or identified motor vehicle” registered or garaged in Florida. So, the requirements of the statute did not apply. Because statute did not require uninsured motorist coverage for the auto insurance policy the TNC Act did not. ZALMA OPINION It is always important for a court to read the language of the applicable statute and the policy to determine coverage on an automobile insurance policy. Here the TNC, Raiser-DC rejected UM/UIM coverage and coverage was clearly not required by the statute. The only question I have is why the parties thought it was worth their time and effort to appeal to the Eleventh Circuit. (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://lnkd.in/gmmzUVBy Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    LNKD.IN
    When Rejected in Writing no UM/UIM Coverage
    When Rejected in Writing no UM/UIM Coverage Post 4939 Posted on November 26, 2024 by Barry Zalma See the full video at https://rumble.com/v5sz2eb-when-rejected-in-writing-no-umuim-coverage.
    0 Reacties 0 aandelen 1K Views
  • THEY ALREADY TOOK 500,000 KIDS AND NOW THEY WANT MORE!

    It's kinda like the hopium being presented here!
    "Josh Hawley" and others who work for the #Corporation of the United States, and helped to create EVERY PROBLEM THIS COUNTRY HAS EXPERIENCED, is now pretending to "Grill" his accomplices in this #Crime, like he's going to do anything other than THE SAME THING HE HAS BEEN DOING.... NOTHING!'

    Folks what you call #Government is a #Satanic, #Pedophile filled CORPORATION!
    Their job is to keep you fighting with your neighbors, so that you and your neighbors don't UNITE, head to Washington DC and tar and feather every last one of them!

    Along with the #Banker scumbags who pay and control them!
    It's time to pull your head gently from your ass and realize that if you want "Justice" YOU are going to have to go get it YOURSELF!

    Because at this point you are a #Slave on the Plantation of the United States....

    Some of your "fellow slaves" have been given guns, immunity from prosecution, and immunity from liability, along with some "special privileges" to protect the real criminals FROM YOU!

    NONE of these criminals, including your fellow slaves with a badge, are EVER going to arrest the real criminals OR change a single thing! They WILL continue protecting it, like they have always done!

    It's natural to want JUSTICE....
    It's NOT NATURAL to think that the criminals will "Prosecute Themselves" and send THEMSELVES to prison!

    If you want JUSTICE I suggest you get up off your ass, and go get it!

    And BTW I'd just like to point out here....
    Having children trained and "operating industrial equipment" as their parents are killed/go missing reminds me a LOT of the LAST RESET!

    Remember the orphans operating industrial equipment???
    No parents to be found, just orphans???

    Do you remember that???


    https://old.bitchute.com/video/C77mBiFnFUBA/
    🚨 THEY ALREADY TOOK 500,000 KIDS AND NOW THEY WANT MORE! It's kinda like the hopium being presented here! "Josh Hawley" and others who work for the #Corporation of the United States, and helped to create EVERY PROBLEM THIS COUNTRY HAS EXPERIENCED, is now pretending to "Grill" his accomplices in this #Crime, like he's going to do anything other than THE SAME THING HE HAS BEEN DOING.... NOTHING!' Folks what you call #Government is a #Satanic, #Pedophile filled CORPORATION! Their job is to keep you fighting with your neighbors, so that you and your neighbors don't UNITE, head to Washington DC and tar and feather every last one of them! Along with the #Banker scumbags who pay and control them! It's time to pull your head gently from your ass and realize that if you want "Justice" YOU are going to have to go get it YOURSELF! Because at this point you are a #Slave on the Plantation of the United States.... Some of your "fellow slaves" have been given guns, immunity from prosecution, and immunity from liability, along with some "special privileges" to protect the real criminals FROM YOU! NONE of these criminals, including your fellow slaves with a badge, are EVER going to arrest the real criminals OR change a single thing! They WILL continue protecting it, like they have always done! It's natural to want JUSTICE.... It's NOT NATURAL to think that the criminals will "Prosecute Themselves" and send THEMSELVES to prison! If you want JUSTICE I suggest you get up off your ass, and go get it! And BTW I'd just like to point out here.... Having children trained and "operating industrial equipment" as their parents are killed/go missing reminds me a LOT of the LAST RESET! Remember the orphans operating industrial equipment??? No parents to be found, just orphans??? Do you remember that??? https://old.bitchute.com/video/C77mBiFnFUBA/
    2 Reacties 0 aandelen 2K Views

  • 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
    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
    0 Reacties 0 aandelen 2K Views
  • 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
    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
    0 Reacties 0 aandelen 1K Views
  • Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims!

    And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans!


    I have been telling people this for YEARS!

    I install replacement windows for a living.....
    My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work!

    I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work.....

    I simply install windows, and MUST HAVE liability insurance!

    Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above!

    They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis

    Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have
    MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance?

    You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY???

    I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent..

    THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT!
    And that would make their premiums go up...

    And when it has happened several times
    (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again!

    This is something that MUST HAPPEN!
    We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE!

    And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS!

    If they turn them off it should be an automatic 25 years in prison!

    The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay

    THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS!

    Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever!

    STOP enabling criminal behavior by Police!
    STOP enabling criminals to walk free among us!

    DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE!

    Because if you should fail to do this....
    Your children and grandchildren will live as #Slaves and under #Tyranny

    https://www.minds.com/newsfeed/1651406135372025867
    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans! I have been telling people this for YEARS! I install replacement windows for a living..... My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work! I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work..... I simply install windows, and MUST HAVE liability insurance! Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above! They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance? You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY??? I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent.. THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT! And that would make their premiums go up... And when it has happened several times (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again! This is something that MUST HAPPEN! We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE! And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS! If they turn them off it should be an automatic 25 years in prison! The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS! Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever! STOP enabling criminal behavior by Police! STOP enabling criminals to walk free among us! DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE! Because if you should fail to do this.... Your children and grandchildren will live as #Slaves and under #Tyranny https://www.minds.com/newsfeed/1651406135372025867
    WWW.MINDS.COM
    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 an... | Minds
    ...nce policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 and 18 U.S.C. ...
    0 Reacties 0 aandelen 2K Views
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