• Report: Teen Wisconsin Christian School Shooting Suspect Linked To Satanic, Pedo & Accelerationist Groups https://www.infowars.com/posts/report-teen-wisconsin-christian-school-shooting-suspect-linked-to-satanic-pedo-accelerationist-groups
    Report: Teen Wisconsin Christian School Shooting Suspect Linked To Satanic, Pedo & Accelerationist Groups https://www.infowars.com/posts/report-teen-wisconsin-christian-school-shooting-suspect-linked-to-satanic-pedo-accelerationist-groups
    0 Comments 0 Shares 9 Views
  • https://medforth.org/marchenerzahler-und-dummes-zeug-deutscher-bauingenieur-nach-beleidigung-der-linken-spd-ministerprasidentin-inhaftiert/
    https://medforth.org/marchenerzahler-und-dummes-zeug-deutscher-bauingenieur-nach-beleidigung-der-linken-spd-ministerprasidentin-inhaftiert/
    0 Comments 0 Shares 45 Views

  • Falsely Claiming to Be an Insurer Can be Criminal

    To Sue for Business Disparagement Evidence is Required

    Post 4951, Posted on December 17, 2024 by Barry Zalma

    Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.

    See the full video at and at

    Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation.

    BACKGROUND

    This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation.

    The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not.

    OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering.
    DISCUSSION

    Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case.

    Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim.

    Business Disparagement

    The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure.

    The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases.

    Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above.

    ZALMA OPINION

    Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action.

    The State of Utah Department of Insurance should consider this case.

    (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
    Falsely Claiming to Be an Insurer Can be Criminal To Sue for Business Disparagement Evidence is Required Post 4951, Posted on December 17, 2024 by Barry Zalma Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. See the full video at and at Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation. BACKGROUND This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation. The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not. OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering. DISCUSSION Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case. Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim. Business Disparagement The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure. The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases. Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above. ZALMA OPINION Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action. The State of Utah Department of Insurance should consider this case. (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
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
    0 Comments 0 Shares 509 Views
  • Now we are spinning off meye money EMPIRES and getting to 0 headcount, or as close to 0 as possible to accommodate the vast potential of AI. Example, a new entity being created and you can invest through https://www.paypal.com this NEW ENTITY is a FINTECH company that will specialize in neural networks that analyze economic press releases of central banks, for example https://www.cnbc.com/2024/12/17/us-treasurys-investors-look-to-economic-data-fed-rate-decision.html https://fred.stlouisfed.org/releases/calendar https://www.perplexity.ai/spaces t.ly/0rKAh t.ly/4DPRg https://community.wolfram.com/content?curTag=machine%20learning

    12/17 open+ 2hrs here https://mobimatter.com/blog/the-best-sports-bars-across-europe

    at 7 30am https://www.texasmonthly.com/travel/the-40-best-small-town-cafes/ https://boston.eater.com/maps/best-cafes-boston https://newyorkspork.com/best-coffee-nyc/ https://www.rebasplace.com/

    5-7pm https://rira.com/ https://www.fiftygrande.com/americas-essential-irish-pubs/

    if OPEN YES https://www.theworlds50best.com/asia/en/list/1-50

    https://www.paypal.com/us/hom This new entity is being lead by:
    https://rocketreach.co/carlo-zola-email_30447361
    https://clustrmaps.com/person/Lindeman-8velle
    https://rocketreach.co/lorraine-bauer-email_43689863
    https://rocketreach.co/steven-schneider-email_3045623
    https://contactout.com/Kevin-Greene-83760898 https://pitchbook.com/profiles/person/36757-72P#overview https://www.franklintempleton.com/profiles/katrina-dudley https://rocketreach.co/brett-jackson-email_3045622
    https://www.fastpeoplesearch.com/shauna-arata_id_G-5829685766076886043 https://www.whitepages.com/name/Charles-H-Choi/Oakton-VA/P63Ga4qBzr9
    https://www.linkedin.com/in/jaymarkwood

    --- https://www.chatsworthgroup.com/contact-us/


    Now we are spinning off meye money EMPIRES and getting to 0 headcount, or as close to 0 as possible to accommodate the vast potential of AI. Example, a new entity being created and you can invest through https://www.paypal.com this NEW ENTITY is a FINTECH company that will specialize in neural networks that analyze economic press releases of central banks, for example https://www.cnbc.com/2024/12/17/us-treasurys-investors-look-to-economic-data-fed-rate-decision.html https://fred.stlouisfed.org/releases/calendar https://www.perplexity.ai/spaces t.ly/0rKAh t.ly/4DPRg https://community.wolfram.com/content?curTag=machine%20learning 12/17 open+ 2hrs here https://mobimatter.com/blog/the-best-sports-bars-across-europe at 7 30am https://www.texasmonthly.com/travel/the-40-best-small-town-cafes/ https://boston.eater.com/maps/best-cafes-boston https://newyorkspork.com/best-coffee-nyc/ https://www.rebasplace.com/ 5-7pm https://rira.com/ https://www.fiftygrande.com/americas-essential-irish-pubs/ if OPEN YES https://www.theworlds50best.com/asia/en/list/1-50 https://www.paypal.com/us/hom This new entity is being lead by: https://rocketreach.co/carlo-zola-email_30447361 https://clustrmaps.com/person/Lindeman-8velle https://rocketreach.co/lorraine-bauer-email_43689863 https://rocketreach.co/steven-schneider-email_3045623 https://contactout.com/Kevin-Greene-83760898 https://pitchbook.com/profiles/person/36757-72P#overview https://www.franklintempleton.com/profiles/katrina-dudley https://rocketreach.co/brett-jackson-email_3045622 https://www.fastpeoplesearch.com/shauna-arata_id_G-5829685766076886043 https://www.whitepages.com/name/Charles-H-Choi/Oakton-VA/P63Ga4qBzr9 https://www.linkedin.com/in/jaymarkwood --- https://www.chatsworthgroup.com/contact-us/
    1 Comments 0 Shares 416 Views
  • Internet disruptions affect routine life, causing financial loss and online services. The outages are linked to the ongoing protests over University Students. internet disruptions have made it almost impossible to find responsable for what going on. After have common citizens damage on their every day work. Freelancers, small enterprises, and gig workers are particularly vulnerable. Economic Strain: Entire sectors, like e-commerce and digital market, are hindered, contributing to broader economic instability.
    Internet disruptions affect routine life, causing financial loss and online services. The outages are linked to the ongoing protests over University Students. internet disruptions have made it almost impossible to find responsable for what going on. After have common citizens damage on their every day work. Freelancers, small enterprises, and gig workers are particularly vulnerable. Economic Strain: Entire sectors, like e-commerce and digital market, are hindered, contributing to broader economic instability.
    0 Comments 0 Shares 212 Views
  • BREAKING: Mystery Drones Identified As Nuke Hunters! Intel Says WMD Detection Mission Underway!
    157,054 views Dec 14, 2024

    This was CONFIRMED to me by Dr. James Garrow, who is a retired CIA asset.
    In this EMERGENCY BROADCAST of RAW FEED, Gary Franchi reveals bombshell intelligence from a verified TOP SECRET source that changes everything we thought we knew about those mysterious drones. They're not foreign aircraft, they're not UFOs – they're part of a massive counter-terror operation hunting for a potential WMD on American soil.

    The Office of Global Access (OGA), a shadowy three-letter agency, has deployed these advanced surveillance assets for one terrifying purpose: detecting gamma rays linked to a possible dirty bomb or nuclear device hidden somewhere on the East or West coasts. The stakes couldn't be higher, and the government's silence speaks volumes.

    Patriots, this revelation comes directly from high-level sources with Special Access clearance. These aren't just random aircraft – they're sophisticated radiation detection platforms conducting a desperate search before it's too late. The reason this intel is leaking now? Our sources say time may be running out.
    https://www.youtube.com/watch?v=uTKY0-q97qk
    BREAKING: Mystery Drones Identified As Nuke Hunters! Intel Says WMD Detection Mission Underway! 157,054 views Dec 14, 2024 This was CONFIRMED to me by Dr. James Garrow, who is a retired CIA asset. In this EMERGENCY BROADCAST of RAW FEED, Gary Franchi reveals bombshell intelligence from a verified TOP SECRET source that changes everything we thought we knew about those mysterious drones. They're not foreign aircraft, they're not UFOs – they're part of a massive counter-terror operation hunting for a potential WMD on American soil. The Office of Global Access (OGA), a shadowy three-letter agency, has deployed these advanced surveillance assets for one terrifying purpose: detecting gamma rays linked to a possible dirty bomb or nuclear device hidden somewhere on the East or West coasts. The stakes couldn't be higher, and the government's silence speaks volumes. Patriots, this revelation comes directly from high-level sources with Special Access clearance. These aren't just random aircraft – they're sophisticated radiation detection platforms conducting a desperate search before it's too late. The reason this intel is leaking now? Our sources say time may be running out. https://www.youtube.com/watch?v=uTKY0-q97qk
    0 Comments 0 Shares 362 Views
  • BREAKING: Mystery Drones Identified As Nuke Hunters! Intel Says WMD Detection Mission Underway!
    157,054 views Dec 14, 2024

    This was confirmed to me by Dr. James Garrow, who is a retired CIA asset.
    In this EMERGENCY BROADCAST of RAW FEED, Gary Franchi reveals bombshell intelligence from a verified TOP SECRET source that changes everything we thought we knew about those mysterious drones. They're not foreign aircraft, they're not UFOs – they're part of a massive counter-terror operation hunting for a potential WMD on American soil.

    The Office of Global Access (OGA), a shadowy three-letter agency, has deployed these advanced surveillance assets for one terrifying purpose: detecting gamma rays linked to a possible dirty bomb or nuclear device hidden somewhere on the East or West coasts. The stakes couldn't be higher, and the government's silence speaks volumes.

    Patriots, this revelation comes directly from high-level sources with Special Access clearance. These aren't just random aircraft – they're sophisticated radiation detection platforms conducting a desperate search before it's too late. The reason this intel is leaking now? Our sources say time may be running out.
    https://www.youtube.com/watch?v=uTKY0-q97qk
    BREAKING: Mystery Drones Identified As Nuke Hunters! Intel Says WMD Detection Mission Underway! 157,054 views Dec 14, 2024 This was confirmed to me by Dr. James Garrow, who is a retired CIA asset. In this EMERGENCY BROADCAST of RAW FEED, Gary Franchi reveals bombshell intelligence from a verified TOP SECRET source that changes everything we thought we knew about those mysterious drones. They're not foreign aircraft, they're not UFOs – they're part of a massive counter-terror operation hunting for a potential WMD on American soil. The Office of Global Access (OGA), a shadowy three-letter agency, has deployed these advanced surveillance assets for one terrifying purpose: detecting gamma rays linked to a possible dirty bomb or nuclear device hidden somewhere on the East or West coasts. The stakes couldn't be higher, and the government's silence speaks volumes. Patriots, this revelation comes directly from high-level sources with Special Access clearance. These aren't just random aircraft – they're sophisticated radiation detection platforms conducting a desperate search before it's too late. The reason this intel is leaking now? Our sources say time may be running out. https://www.youtube.com/watch?v=uTKY0-q97qk
    0 Comments 0 Shares 307 Views
  • THE UNTOLD TRUTH ABOUT PEARL HARBOR:
    HOW ITS LINKED TO UKRAINE, ISRAEL, SYRIA

    https://old.bitchute.com/video/oEXf6JpRMHaj/
    THE UNTOLD TRUTH ABOUT PEARL HARBOR: HOW ITS LINKED TO UKRAINE, ISRAEL, SYRIA https://old.bitchute.com/video/oEXf6JpRMHaj/
    0 Comments 0 Shares 97 Views
  • https://medforth.org/ein-ministerprasident-von-sed-linke-gnaden/
    https://medforth.org/ein-ministerprasident-von-sed-linke-gnaden/
    0 Comments 0 Shares 55 Views

  • Intent to Move is not a Residence

    Residence Premises Requires the Insured to Live in Residence

    Post 4944

    Read the full article at https://www.linkedin.com/pulse/intent-move-residence-barry-zalma-esq-cfe-qmlxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    In Paul Villalobos v. Clear Blue Insurance Company, No. 24-20125, United States Court of Appeals, Fifth Circuit (December 10, 2024) the the Fifth Circuit affirmed the district court’s dismissa of Plaintiff-Appellant Paul Villalobos’s breach of contract claim following a coverage dispute between himself and his insurer, Clear Blue Insurance Company, because he admitted he did not live in the insured premises.

    FACTS

    Villalobos is named on a Clear Blue homeowners’ policy, which provides coverage for property located at 7503 Muirwood Lane in Houston, Texas (the “Property”). The policy’s “Property Coverages” section states in pertinent part: “We cover . . . [t]he dwelling on the ‘residence premises’ shown in the Declarations.” The policy defines “residence premises,” also in pertinent part, as “[t]he one-family dwelling where you reside . . . on the inception date of the policy period shown in the Declarations.” The Declarations page lists Villalobos as the insured, his mailing address as the Property, and the inception date as September 21, 2021.

    In mid-November 2021, Villalobos reported to Clear Blue that wind and hail had damaged the Property’s roof earlier that month. Clear Blue denied coverage after Villalobos admitted he lived in Colorado and had never resided at the Property.

    Villalobos sued Clear Blue, alleging breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code, fraud, and ongoing conspiracy to commit illegal acts.

    ANALYSIS

    During his deposition, Villalobos testified that he lived in Colorado for over nine years and did not reside at the Property when the Clear Blue policy went into effect. Clear Blue moved for summary judgment on Villalobos’s claims, arguing there was no insurance coverage for Villalobos’s property damage as a matter of law.

    Applying Louisiana law, the Fifth Circuit has previously determined that an identical residence requirement in a homeowners’ insurance policy required “more than purchasing a home or intending to move into it.” GeoVera Specialty Ins. Co. v. Joachin, 964 F.3d 390, 393 (5th Cir. 2020).

    Applying Joachin the Fifth Circuit agreed with the district court that the Property did not satisfy the policy’s residence requirement and was not a covered “residence premises” because: it is undisputed that Villalobos did not reside on the Property on the inception date of the Clear Blue policy; and
    Villalobos’s only material argument on appeal is that he intended to move onto the Property.

    Joachin held that “intending to move” is not enough. The Fifth Circuit concluded that there is no coverage under the policy. Accordingly, Villalobos’s breach of contract claim failed and the USDC’s judgment was affirmed.

    ZALMA OPINION

    That something as obvious as a home in Texas cannot be the residence premises of a person who lives full time in Colorado. Insurers issue property insurance policies providing coverage similar to a homeowners policy to the owner of a rental property while a homeowners policy limits coverage to the person who actually resides at the property. That this case went to the Fifth Circuit was the waste of Plaintiff’s time and money, the waste of the time of the trial court, and the waste of the time of the Fifth Circuit who rendered a concise and clear opinion. A less kind judge or appellate court would have imposed sanctions on the party plaintiff and his counsel.

    (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
    Intent to Move is not a Residence Residence Premises Requires the Insured to Live in Residence Post 4944 Read the full article at https://www.linkedin.com/pulse/intent-move-residence-barry-zalma-esq-cfe-qmlxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Paul Villalobos v. Clear Blue Insurance Company, No. 24-20125, United States Court of Appeals, Fifth Circuit (December 10, 2024) the the Fifth Circuit affirmed the district court’s dismissa of Plaintiff-Appellant Paul Villalobos’s breach of contract claim following a coverage dispute between himself and his insurer, Clear Blue Insurance Company, because he admitted he did not live in the insured premises. FACTS Villalobos is named on a Clear Blue homeowners’ policy, which provides coverage for property located at 7503 Muirwood Lane in Houston, Texas (the “Property”). The policy’s “Property Coverages” section states in pertinent part: “We cover . . . [t]he dwelling on the ‘residence premises’ shown in the Declarations.” The policy defines “residence premises,” also in pertinent part, as “[t]he one-family dwelling where you reside . . . on the inception date of the policy period shown in the Declarations.” The Declarations page lists Villalobos as the insured, his mailing address as the Property, and the inception date as September 21, 2021. In mid-November 2021, Villalobos reported to Clear Blue that wind and hail had damaged the Property’s roof earlier that month. Clear Blue denied coverage after Villalobos admitted he lived in Colorado and had never resided at the Property. Villalobos sued Clear Blue, alleging breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code, fraud, and ongoing conspiracy to commit illegal acts. ANALYSIS During his deposition, Villalobos testified that he lived in Colorado for over nine years and did not reside at the Property when the Clear Blue policy went into effect. Clear Blue moved for summary judgment on Villalobos’s claims, arguing there was no insurance coverage for Villalobos’s property damage as a matter of law. Applying Louisiana law, the Fifth Circuit has previously determined that an identical residence requirement in a homeowners’ insurance policy required “more than purchasing a home or intending to move into it.” GeoVera Specialty Ins. Co. v. Joachin, 964 F.3d 390, 393 (5th Cir. 2020). Applying Joachin the Fifth Circuit agreed with the district court that the Property did not satisfy the policy’s residence requirement and was not a covered “residence premises” because: it is undisputed that Villalobos did not reside on the Property on the inception date of the Clear Blue policy; and Villalobos’s only material argument on appeal is that he intended to move onto the Property. Joachin held that “intending to move” is not enough. The Fifth Circuit concluded that there is no coverage under the policy. Accordingly, Villalobos’s breach of contract claim failed and the USDC’s judgment was affirmed. ZALMA OPINION That something as obvious as a home in Texas cannot be the residence premises of a person who lives full time in Colorado. Insurers issue property insurance policies providing coverage similar to a homeowners policy to the owner of a rental property while a homeowners policy limits coverage to the person who actually resides at the property. That this case went to the Fifth Circuit was the waste of Plaintiff’s time and money, the waste of the time of the trial court, and the waste of the time of the Fifth Circuit who rendered a concise and clear opinion. A less kind judge or appellate court would have imposed sanctions on the party plaintiff and his counsel. (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
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
    0 Comments 0 Shares 704 Views
More Results
Sponsored

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here