• Trump Team Officially Signs Transition Agreement with Biden White House to Formalize Transition — Will Be Privately Funded and Will Not Use Government Technology or Buildings.
    This bold decision reflects Trump’s commitment to saving taxpayers’ money while avoiding the pitfalls of entrenched bureaucracy and potential interference from the “Deep State.”
    Trump Team Officially Signs Transition Agreement with Biden White House to Formalize Transition — Will Be Privately Funded and Will Not Use Government Technology or Buildings. This bold decision reflects Trump’s commitment to saving taxpayers’ money while avoiding the pitfalls of entrenched bureaucracy and potential interference from the “Deep State.”
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  • I am Thankful

    Thanksgiving Wishes from the Zalma Family

    Post 4938

    Posted on November 27, 2024 by Barry Zalma

    See the full video at and at hope, on this Thanksgiving weekend, that you can join my family and me remembering that it is more important to think about our blessings and those things that we have to be thankful for than to get in line for “Black Friday” to buy an inexpensive flat screen t.v. or tablet. Enjoy the holiday and your family as I will.

    My family and I have much to be thankful for this year. My first born daughter, Stephanie Zalma, continues to care for my wife 24 hours a day 7 days a week with love and patience as Thea continues as Nana to our two grandchildren and the loving mother of our three children.

    After receiving a new Aortic Heart Valve I am personally in good health, walking about 25 miles a week. Exercising my, apparently unusual, mode of retirement, I work only six to eight hours a day doing what I love the most, writing about insurance, insurance claims, insurance law and acting as an insurance claims consultant and expert witness.

    To me, I am thankful for you, my friends, clients and readers of “Zalma’s Insurance Fraud Letter,” my blog “Zalma on Insurance,” and my books and other writing including the third Edition of the ten volumes of my treatise, “Zalma on Insurance Claims” and the Fourteenth Edition of “Property Investigation Checklists.”

    As a first generation American I am honored to join with all Americans the ability to celebrate Thanksgiving that started when the United States was a dream and just a colony of Great Britain, to give thanks for the good things in life at least once a year. It took Abraham Lincoln, our greatest President to make it an official holiday. The Thanksgiving holiday gives me and my family the opportunity to consider the blessings we have received and to thank all who have made it possible.

    Please allow me this opportunity to explain to you all the things I, and my family, can continue to give thanks for:

    1. I have loved my wife of almost 57 years since we first met when she was nine and I was twelve.
    2. I am thankful that she still loves me and lets me make clear every day that I love her more now than I did when she ignored me when I was 12.
    3. My three adult children who are successes in their own right.
    4. That my three children who put up with my wife and I, and are healthy, successful, and mostly happy in what they do.
    5. My almost eight-year-old granddaughter and my 22 year-old grandson live nearby, my grandson is now a successful college graduate from Puget Sound University in Washington state and working full time in I.T.
    6. My clients who, for the more than 57 years have allowed me to earn a living doing what I love. I practiced law until I let my license go inactive, acting as a consultant, testifying as an expert witness and writing materials to help others provide excellence in claims services as members of the insurance profession.
    7. My publishers the American Bar Association, Full Court Press, Fastcase.com, Thomson Reuters and Amazon.com.
    8. My dearly departed parents and grandparents for having the good sense to leave the Ottoman Empire at the beginning of the 20th Century so we could avoid the Holocaust and I could be born American.
    9. My country for giving me a place to live and work in peace and complain about it without fear.
    10. The state of California, where I was born, and have lived for 82 years, for allowing me to have my home and grow my family, and the ability to pay California’s high taxes for the privilege.
    11. Those of you who read what I write and gain something from it.
    12. Eighty two years of mostly good health, but for a small heart attack,clogged arteries, a failed Aortic heart valve, ant the surgeons that gave me the ability to continue to work – albeit at a reduced rate.
    13. Allowing me the health and ambition to avoid my cardiologist by walking every day and working on my garden and bonsai with one of my Chinese Elms in a pot for more than 49 years.
    14. The hundreds of friends I have never met but with whom the Internet has allowed me to communicate in parts of the world I have never visited.
    15. The wonder of the Internet that allows me to publish E-books, ZIFL and my blog instantly on line.
    16. That my family can get together to express our thanks for each other and our happiness this year again without a need for anything but enjoying each other’s company and some good food.
    17. That most of you who I know only by my publications can also gather with your families to express your thanks.

    When I enlisted in the U.S. Army in 1964, I volunteered ostensibly to avoid the draft and volunteered to serve anywhere in the world. Fortunately, the Army made assignments in alphabetical order and I was sent by the U.S. Army Intelligence Corps to Peoria, Illinois where I became a Special Agent in Charge of an office investigating people who sought security clearances. I was trained to be an investigator and enjoyed every minute of the job.

    Until the Army I had never seen a river without a concrete bottom only to see the mighty Mississippi as my first real river. I had never seen snow other than in the distance on mountains only to find myself shoveling the snow off the driveway in the small half-of-a-house I rented from an old couple who could not do it themselves.

    My investigative assignments required me to travel throughout Central Illinois from the Iowa to the Indiana borders. I stopped at court houses along the way, all of which had signs that Abraham Lincoln practiced law there. Those experiences with the courts, law enforcement officers, and court personnel probably gave me the incentive to become a lawyer.

    When I finished my three year enlistment I returned home, proposed marriage to the love of my life, who fortunately for me, accepted. I began the study of law at night and found my first real job where I could use the skills I learned in the Army. I was hired as a claims trainee at the Fireman’s Fund American Insurance Company who spent the time to train me to be a claims adjuster. The training was, unlike modern insurers, thorough. I was required to read a treatise on insurance and insurance claims handling. I was sent out with experienced adjusters in all types of insurance Fireman’s Fund wrote to learn as they adjusted claims, and eventually allowed to deal with the public under close supervision.

    Contrary to the requirements of the insurance industry at the time, Fireman’s Fund allowed me to study law at night while I worked as a full-time insurance adjuster. I was fortunate enough to work for a claims manager – Coleman T. Mobley – who did not require me to go out of state to adjust major storm claims if it interfered with my law school studies. Since I was in law school 50 weeks a year the only catastrophe storm duty I was required to work was a fire storm that burned from the San Fernando Valley to the ocean at Malibu. Because of Mr. Mobley and the Fireman’s Fund I was able to complete my studies and pass the California Bar in 1971 and be admitted to the California Bar on January 2, 1972.

    I took a cut in pay to get my first job as an Associate Attorney with a law firm that was willing to teach me to be a lawyer handling every kind of problem a new lawyer could face from wills, tort claims, divorce, drunk driving, trials, depositions, and dozens of orders to show cause in multiple courts around the Inland Empire of California. By doing so, when I started practicing law in 1972, I became a lawyer who could deal with any issue brought to me. I was fortunate enough to be able to move to an insurance law firm in Century City where I was assigned to a coverage lawyer who was trying to deal with over 500 active matters and, who, when I arrived, assigned 250 of the matters to me and pointed me to the firm’s library to learn what to do.

    At the time new technology was an IBM Selectric typewriter that could erase errors from the keyboard without the need to use white-out paint. I did legal research in the firm’s large library which, when it was inadequate for the task, I drove to the County Law Library in downtown Los Angeles to adequately research legal questions .

    Research in a large library took days to find support for an issue. I needed three professional legal secretaries to keep up with my dictation. Now, using modern technology, I can do the same legal research in 30 minutes on Fastcase.com, need no secretary, and can operate my consulting, writing, training and publishing businesses with no employees.

    In 1979 I decided it was time to be my own boss. I started a law firm called Barry Zalma, Inc. with a secretary who came from my last firm and brought an IBM Selectric typewriter with her into a small windowless office. I had obtained a line of credit from a bank that I hoped would carry us until the practice started since the only case I was sure of when I moved into my new office, was my sister’s rear-ender from which I could not, and did not, take a fee.

    The office was furnished with a file cabinet from my father-in-law’s dental practice and a dining room table from my wife’s grandmother who had passed away. I received my first call at 8:10 a.m. on the first day, October 1, 1979, from Alan Worboys, a claims person speaking for Certain Underwriters at Lloyd’s, London and my practice began. Alan became, and still is, a long time friend. I had nothing to do on October 3, 1979 so I wrote an article for publication. After that, I had no peace and the firm quickly grew to 9 lawyers and a staff to serve them all defending people who were insured and acting as coverage counsel for insurers who needed advice and counsel concerning interpretation of insurance contracts and how to deal with attempted fraud. I, and the lawyers who joined the firm also provided defense to insureds of our clients and defense of suits against the insurers for tort, including the tort of bad faith.

    I was more successful than I ever expected. I, whose experience was limited to Los Angeles County and Central Illinois, found a need to travel to Taipei, Taiwan and London, England on behalf of my clients. I worked, as I had learned from my father who survived the Depression, 16 hours a day, six or seven days a week. When I became 75 years old my firm had been reduced back to a sole practice and I decided it was time to stop practicing law and become a consultant and fulfill my childhood dream to be an author.

    I am a very lucky and happy man. I do work that I love. I fulfilled my childhood dreams. I Live in a home I have owned for more than 49 years that my wife and I adapted and increased as children were born to meet our needs. I have the love of my life with me and look forward to celebrating our 57th wedding anniversary next month. I am honored that my eldest daughter has come back to live with us and care for my wife and I who are not able to do everything we used to do.

    I have three wonderful children, two grandchildren and all live close. My son, and his business shares my office building and has time to visit with me as allowed by his busy schedule.

    (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

    This is a long article so go to https://www.linkedin.com/pulse/i-am-thankful-barry-zalma-esq-cfe-bzysc, to read the full article.
    I am Thankful Thanksgiving Wishes from the Zalma Family Post 4938 Posted on November 27, 2024 by Barry Zalma See the full video at and at hope, on this Thanksgiving weekend, that you can join my family and me remembering that it is more important to think about our blessings and those things that we have to be thankful for than to get in line for “Black Friday” to buy an inexpensive flat screen t.v. or tablet. Enjoy the holiday and your family as I will. My family and I have much to be thankful for this year. My first born daughter, Stephanie Zalma, continues to care for my wife 24 hours a day 7 days a week with love and patience as Thea continues as Nana to our two grandchildren and the loving mother of our three children. After receiving a new Aortic Heart Valve I am personally in good health, walking about 25 miles a week. Exercising my, apparently unusual, mode of retirement, I work only six to eight hours a day doing what I love the most, writing about insurance, insurance claims, insurance law and acting as an insurance claims consultant and expert witness. To me, I am thankful for you, my friends, clients and readers of “Zalma’s Insurance Fraud Letter,” my blog “Zalma on Insurance,” and my books and other writing including the third Edition of the ten volumes of my treatise, “Zalma on Insurance Claims” and the Fourteenth Edition of “Property Investigation Checklists.” As a first generation American I am honored to join with all Americans the ability to celebrate Thanksgiving that started when the United States was a dream and just a colony of Great Britain, to give thanks for the good things in life at least once a year. It took Abraham Lincoln, our greatest President to make it an official holiday. The Thanksgiving holiday gives me and my family the opportunity to consider the blessings we have received and to thank all who have made it possible. Please allow me this opportunity to explain to you all the things I, and my family, can continue to give thanks for: 1. I have loved my wife of almost 57 years since we first met when she was nine and I was twelve. 2. I am thankful that she still loves me and lets me make clear every day that I love her more now than I did when she ignored me when I was 12. 3. My three adult children who are successes in their own right. 4. That my three children who put up with my wife and I, and are healthy, successful, and mostly happy in what they do. 5. My almost eight-year-old granddaughter and my 22 year-old grandson live nearby, my grandson is now a successful college graduate from Puget Sound University in Washington state and working full time in I.T. 6. My clients who, for the more than 57 years have allowed me to earn a living doing what I love. I practiced law until I let my license go inactive, acting as a consultant, testifying as an expert witness and writing materials to help others provide excellence in claims services as members of the insurance profession. 7. My publishers the American Bar Association, Full Court Press, Fastcase.com, Thomson Reuters and Amazon.com. 8. My dearly departed parents and grandparents for having the good sense to leave the Ottoman Empire at the beginning of the 20th Century so we could avoid the Holocaust and I could be born American. 9. My country for giving me a place to live and work in peace and complain about it without fear. 10. The state of California, where I was born, and have lived for 82 years, for allowing me to have my home and grow my family, and the ability to pay California’s high taxes for the privilege. 11. Those of you who read what I write and gain something from it. 12. Eighty two years of mostly good health, but for a small heart attack,clogged arteries, a failed Aortic heart valve, ant the surgeons that gave me the ability to continue to work – albeit at a reduced rate. 13. Allowing me the health and ambition to avoid my cardiologist by walking every day and working on my garden and bonsai with one of my Chinese Elms in a pot for more than 49 years. 14. The hundreds of friends I have never met but with whom the Internet has allowed me to communicate in parts of the world I have never visited. 15. The wonder of the Internet that allows me to publish E-books, ZIFL and my blog instantly on line. 16. That my family can get together to express our thanks for each other and our happiness this year again without a need for anything but enjoying each other’s company and some good food. 17. That most of you who I know only by my publications can also gather with your families to express your thanks. When I enlisted in the U.S. Army in 1964, I volunteered ostensibly to avoid the draft and volunteered to serve anywhere in the world. Fortunately, the Army made assignments in alphabetical order and I was sent by the U.S. Army Intelligence Corps to Peoria, Illinois where I became a Special Agent in Charge of an office investigating people who sought security clearances. I was trained to be an investigator and enjoyed every minute of the job. Until the Army I had never seen a river without a concrete bottom only to see the mighty Mississippi as my first real river. I had never seen snow other than in the distance on mountains only to find myself shoveling the snow off the driveway in the small half-of-a-house I rented from an old couple who could not do it themselves. My investigative assignments required me to travel throughout Central Illinois from the Iowa to the Indiana borders. I stopped at court houses along the way, all of which had signs that Abraham Lincoln practiced law there. Those experiences with the courts, law enforcement officers, and court personnel probably gave me the incentive to become a lawyer. When I finished my three year enlistment I returned home, proposed marriage to the love of my life, who fortunately for me, accepted. I began the study of law at night and found my first real job where I could use the skills I learned in the Army. I was hired as a claims trainee at the Fireman’s Fund American Insurance Company who spent the time to train me to be a claims adjuster. The training was, unlike modern insurers, thorough. I was required to read a treatise on insurance and insurance claims handling. I was sent out with experienced adjusters in all types of insurance Fireman’s Fund wrote to learn as they adjusted claims, and eventually allowed to deal with the public under close supervision. Contrary to the requirements of the insurance industry at the time, Fireman’s Fund allowed me to study law at night while I worked as a full-time insurance adjuster. I was fortunate enough to work for a claims manager – Coleman T. Mobley – who did not require me to go out of state to adjust major storm claims if it interfered with my law school studies. Since I was in law school 50 weeks a year the only catastrophe storm duty I was required to work was a fire storm that burned from the San Fernando Valley to the ocean at Malibu. Because of Mr. Mobley and the Fireman’s Fund I was able to complete my studies and pass the California Bar in 1971 and be admitted to the California Bar on January 2, 1972. I took a cut in pay to get my first job as an Associate Attorney with a law firm that was willing to teach me to be a lawyer handling every kind of problem a new lawyer could face from wills, tort claims, divorce, drunk driving, trials, depositions, and dozens of orders to show cause in multiple courts around the Inland Empire of California. By doing so, when I started practicing law in 1972, I became a lawyer who could deal with any issue brought to me. I was fortunate enough to be able to move to an insurance law firm in Century City where I was assigned to a coverage lawyer who was trying to deal with over 500 active matters and, who, when I arrived, assigned 250 of the matters to me and pointed me to the firm’s library to learn what to do. At the time new technology was an IBM Selectric typewriter that could erase errors from the keyboard without the need to use white-out paint. I did legal research in the firm’s large library which, when it was inadequate for the task, I drove to the County Law Library in downtown Los Angeles to adequately research legal questions . Research in a large library took days to find support for an issue. I needed three professional legal secretaries to keep up with my dictation. Now, using modern technology, I can do the same legal research in 30 minutes on Fastcase.com, need no secretary, and can operate my consulting, writing, training and publishing businesses with no employees. In 1979 I decided it was time to be my own boss. I started a law firm called Barry Zalma, Inc. with a secretary who came from my last firm and brought an IBM Selectric typewriter with her into a small windowless office. I had obtained a line of credit from a bank that I hoped would carry us until the practice started since the only case I was sure of when I moved into my new office, was my sister’s rear-ender from which I could not, and did not, take a fee. The office was furnished with a file cabinet from my father-in-law’s dental practice and a dining room table from my wife’s grandmother who had passed away. I received my first call at 8:10 a.m. on the first day, October 1, 1979, from Alan Worboys, a claims person speaking for Certain Underwriters at Lloyd’s, London and my practice began. Alan became, and still is, a long time friend. I had nothing to do on October 3, 1979 so I wrote an article for publication. After that, I had no peace and the firm quickly grew to 9 lawyers and a staff to serve them all defending people who were insured and acting as coverage counsel for insurers who needed advice and counsel concerning interpretation of insurance contracts and how to deal with attempted fraud. I, and the lawyers who joined the firm also provided defense to insureds of our clients and defense of suits against the insurers for tort, including the tort of bad faith. I was more successful than I ever expected. I, whose experience was limited to Los Angeles County and Central Illinois, found a need to travel to Taipei, Taiwan and London, England on behalf of my clients. I worked, as I had learned from my father who survived the Depression, 16 hours a day, six or seven days a week. When I became 75 years old my firm had been reduced back to a sole practice and I decided it was time to stop practicing law and become a consultant and fulfill my childhood dream to be an author. I am a very lucky and happy man. I do work that I love. I fulfilled my childhood dreams. I Live in a home I have owned for more than 49 years that my wife and I adapted and increased as children were born to meet our needs. I have the love of my life with me and look forward to celebrating our 57th wedding anniversary next month. I am honored that my eldest daughter has come back to live with us and care for my wife and I who are not able to do everything we used to do. I have three wonderful children, two grandchildren and all live close. My son, and his business shares my office building and has time to visit with me as allowed by his busy schedule. (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 This is a long article so go to https://www.linkedin.com/pulse/i-am-thankful-barry-zalma-esq-cfe-bzysc, to read the full article.
    BARRYZALMA.SUBSTACK.COM
    Subscribe to Excellence in Claims Handling
    A series of writings and/or videos to help understand insurance, insurance claims, and becoming an insurance claims professional and who need to provide or receive competent and Excellence in Claims Handling. Click to read Excellence in Claims Handling, by Barry Zalma, a Substack publication with thousands of subscribers.
    0 Commentarios 0 Acciones 982 Views

  • EUO is a Material Condition Precedent

    Claim Properly Denied for Refusal to Testify at EUO

    Post 4936

    Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    See the full video at and at

    Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO).

    In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced.

    FACTUAL BACKGROUND

    Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy).

    One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property.

    Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy.
    Hughes’s Complaint Against Farmers

    One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination.

    Farmers’ Motion for Summary Judgment

    Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy.

    In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.”

    In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination.

    Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination.

    Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath.
    Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial

    The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.”

    DISCUSSION

    The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law.

    An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy.
    Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy.
    Breach of Implied Covenant Claim

    The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law.

    ZALMA OPINION

    Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse.

    (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
    EUO is a Material Condition Precedent Claim Properly Denied for Refusal to Testify at EUO Post 4936 Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. See the full video at and at Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO). In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced. FACTUAL BACKGROUND Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy). One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property. Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy. Hughes’s Complaint Against Farmers One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination. Farmers’ Motion for Summary Judgment Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy. In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.” In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination. Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination. Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath. Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.” DISCUSSION The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law. An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy. Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy. Breach of Implied Covenant Claim The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law. ZALMA OPINION Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse. (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
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  • Numbers
    Chapter 2

    1 And the LORD spake unto Moses and unto Aaron, saying,

    2 Every man of the children of Israel shall pitch by his own standard, with the ensign of their father's house: far off about the tabernacle of the congregation shall they pitch.

    3 And on the east side toward the rising of the sun shall they of the standard of the camp of Judah pitch throughout their armies: and Nahshon the son of Amminadab shall be captain of the children of Judah.

    4 And his host, and those that were numbered of them, were threescore and fourteen thousand and six hundred.

    5 And those that do pitch next unto him shall be the tribe of Issachar: and Nethaneel the son of Zuar shall be captain of the children of Issachar.

    6 And his host, and those that were numbered thereof, were fifty and four thousand and four hundred.

    7 Then the tribe of Zebulun: and Eliab the son of Helon shall be captain of the children of Zebulun.

    8 And his host, and those that were numbered thereof, were fifty and seven thousand and four hundred.

    9 All that were numbered in the camp of Judah were an hundred thousand and fourscore thousand and six thousand and four hundred, throughout their armies. These shall first set forth.

    10 On the south side shall be the standard of the camp of Reuben according to their armies: and the captain of the children of Reuben shall be Elizur the son of Shedeur.

    11 And his host, and those that were numbered thereof, were forty and six thousand and five hundred.

    12 And those which pitch by him shall be the tribe of Simeon: and the captain of the children of Simeon shall be Shelumiel the son of Zurishaddai.

    13 And his host, and those that were numbered of them, were fifty and nine thousand and three hundred.

    14 Then the tribe of Gad: and the captain of the sons of Gad shall be Eliasaph the son of Reuel.

    15 And his host, and those that were numbered of them, were forty and five thousand and six hundred and fifty.

    16 All that were numbered in the camp of Reuben were an hundred thousand and fifty and one thousand and four hundred and fifty, throughout their armies. And they shall set forth in the second rank.

    17 Then the tabernacle of the congregation shall set forward with the camp of the Levites in the midst of the camp: as they encamp, so shall they set forward, every man in his place by their standards.

    18 On the west side shall be the standard of the camp of Ephraim according to their armies: and the captain of the sons of Ephraim shall be Elishama the son of Ammihud.

    19 And his host, and those that were numbered of them, were forty thousand and five hundred.

    20 And by him shall be the tribe of Manasseh: and the captain of the children of Manasseh shall be Gamaliel the son of Pedahzur.

    21 And his host, and those that were numbered of them, were thirty and two thousand and two hundred.

    22 Then the tribe of Benjamin: and the captain of the sons of Benjamin shall be Abidan the son of Gideoni.

    23 And his host, and those that were numbered of them, were thirty and five thousand and four hundred.

    24 All that were numbered of the camp of Ephraim were an hundred thousand and eight thousand and an hundred, throughout their armies. And they shall go forward in the third rank.

    25 The standard of the camp of Dan shall be on the north side by their armies: and the captain of the children of Dan shall be Ahiezer the son of Ammishaddai.

    26 And his host, and those that were numbered of them, were threescore and two thousand and seven hundred.

    27 And those that encamp by him shall be the tribe of Asher: and the captain of the children of Asher shall be Pagiel the son of Ocran.

    28 And his host, and those that were numbered of them, were forty and one thousand and five hundred.

    29 Then the tribe of Naphtali: and the captain of the children of Naphtali shall be Ahira the son of Enan.

    30 And his host, and those that were numbered of them, were fifty and three thousand and four hundred.

    31 All they that were numbered in the camp of Dan were an hundred thousand and fifty and seven thousand and six hundred. They shall go hindmost with their standards.

    32 These are those which were numbered of the children of Israel by the house of their fathers: all those that were numbered of the camps throughout their hosts were six hundred thousand and three thousand and five hundred and fifty.

    33 But the Levites were not numbered among the children of Israel; as the LORD commanded Moses.

    34 And the children of Israel did according to all that the LORD commanded Moses: so they pitched by their standards, and so they set forward, every one after their families, according to the house of their fathers.
    Numbers Chapter 2 1 And the LORD spake unto Moses and unto Aaron, saying, 2 Every man of the children of Israel shall pitch by his own standard, with the ensign of their father's house: far off about the tabernacle of the congregation shall they pitch. 3 And on the east side toward the rising of the sun shall they of the standard of the camp of Judah pitch throughout their armies: and Nahshon the son of Amminadab shall be captain of the children of Judah. 4 And his host, and those that were numbered of them, were threescore and fourteen thousand and six hundred. 5 And those that do pitch next unto him shall be the tribe of Issachar: and Nethaneel the son of Zuar shall be captain of the children of Issachar. 6 And his host, and those that were numbered thereof, were fifty and four thousand and four hundred. 7 Then the tribe of Zebulun: and Eliab the son of Helon shall be captain of the children of Zebulun. 8 And his host, and those that were numbered thereof, were fifty and seven thousand and four hundred. 9 All that were numbered in the camp of Judah were an hundred thousand and fourscore thousand and six thousand and four hundred, throughout their armies. These shall first set forth. 10 On the south side shall be the standard of the camp of Reuben according to their armies: and the captain of the children of Reuben shall be Elizur the son of Shedeur. 11 And his host, and those that were numbered thereof, were forty and six thousand and five hundred. 12 And those which pitch by him shall be the tribe of Simeon: and the captain of the children of Simeon shall be Shelumiel the son of Zurishaddai. 13 And his host, and those that were numbered of them, were fifty and nine thousand and three hundred. 14 Then the tribe of Gad: and the captain of the sons of Gad shall be Eliasaph the son of Reuel. 15 And his host, and those that were numbered of them, were forty and five thousand and six hundred and fifty. 16 All that were numbered in the camp of Reuben were an hundred thousand and fifty and one thousand and four hundred and fifty, throughout their armies. And they shall set forth in the second rank. 17 Then the tabernacle of the congregation shall set forward with the camp of the Levites in the midst of the camp: as they encamp, so shall they set forward, every man in his place by their standards. 18 On the west side shall be the standard of the camp of Ephraim according to their armies: and the captain of the sons of Ephraim shall be Elishama the son of Ammihud. 19 And his host, and those that were numbered of them, were forty thousand and five hundred. 20 And by him shall be the tribe of Manasseh: and the captain of the children of Manasseh shall be Gamaliel the son of Pedahzur. 21 And his host, and those that were numbered of them, were thirty and two thousand and two hundred. 22 Then the tribe of Benjamin: and the captain of the sons of Benjamin shall be Abidan the son of Gideoni. 23 And his host, and those that were numbered of them, were thirty and five thousand and four hundred. 24 All that were numbered of the camp of Ephraim were an hundred thousand and eight thousand and an hundred, throughout their armies. And they shall go forward in the third rank. 25 The standard of the camp of Dan shall be on the north side by their armies: and the captain of the children of Dan shall be Ahiezer the son of Ammishaddai. 26 And his host, and those that were numbered of them, were threescore and two thousand and seven hundred. 27 And those that encamp by him shall be the tribe of Asher: and the captain of the children of Asher shall be Pagiel the son of Ocran. 28 And his host, and those that were numbered of them, were forty and one thousand and five hundred. 29 Then the tribe of Naphtali: and the captain of the children of Naphtali shall be Ahira the son of Enan. 30 And his host, and those that were numbered of them, were fifty and three thousand and four hundred. 31 All they that were numbered in the camp of Dan were an hundred thousand and fifty and seven thousand and six hundred. They shall go hindmost with their standards. 32 These are those which were numbered of the children of Israel by the house of their fathers: all those that were numbered of the camps throughout their hosts were six hundred thousand and three thousand and five hundred and fifty. 33 But the Levites were not numbered among the children of Israel; as the LORD commanded Moses. 34 And the children of Israel did according to all that the LORD commanded Moses: so they pitched by their standards, and so they set forward, every one after their families, according to the house of their fathers.
    0 Commentarios 0 Acciones 418 Views
  • https://medforth.biz/police-officer-shoots-dead-knife-wielding-malian-at-verona-train-station-sparking-heated-political-debate-on-rising-migrant-crime/
    https://medforth.biz/police-officer-shoots-dead-knife-wielding-malian-at-verona-train-station-sparking-heated-political-debate-on-rising-migrant-crime/
    0 Commentarios 0 Acciones 423 Views
  • Numbers are so close to being normalish lol. Let’s do a big push if you guys have the time! Binge on some Mystery Archives episodes and marathons. Especially since it’s almost Halloween! new episode drops Thursday and I’ll be making a bunch of scary episodes when I return! - Kody link to all episode YouTube playlist in description
    Numbers are so close to being normalish lol. Let’s do a big push if you guys have the time! Binge on some Mystery Archives episodes and marathons. Especially since it’s almost Halloween! 👻 new episode drops Thursday and I’ll be making a bunch of scary episodes when I return! - Kody 💚 link to all episode YouTube playlist in description
    1 Commentarios 0 Acciones 526 Views
  • A Complete Guide To Becoming UNF*CKWITHABLE (taoism, stoicism, and minimalism)

    https://www.youtube.com/watch?v=kr0YdR3qcKE&list=TLPQMTMxMDIwMjRCJSKIxxb8Hg&index=41
    A Complete Guide To Becoming UNF*CKWITHABLE (taoism, stoicism, and minimalism) https://www.youtube.com/watch?v=kr0YdR3qcKE&list=TLPQMTMxMDIwMjRCJSKIxxb8Hg&index=41
    Like
    2
    0 Commentarios 1 Acciones 438 Views
  • UK Chicken Rebellion and the WEF War Against Home Gardens
    https://odysee.com/@DavidKnightShow:1/UK-Chicken-Rebellion-and-the-WEF-War-Against-Home-Gardens:2?r=Cyx16Z7C74q6rbf1Tomwfg8yW1nv2WDV

    They want to destroy independent farms and now there's a war on home gardens (even house plants). In the UK the public has responded to a demand to register & license every single backyard chicken or even pet birds with a "malicious compliance". As part of the Chicken MacGuffin, a flock has now been redefined as "1" bird. What should we call a group of politicians? A "gaggle"? A "murder"?

    UK Chicken Rebellion and the WEF War Against Home Gardens https://odysee.com/@DavidKnightShow:1/UK-Chicken-Rebellion-and-the-WEF-War-Against-Home-Gardens:2?r=Cyx16Z7C74q6rbf1Tomwfg8yW1nv2WDV They want to destroy independent farms and now there's a war on home gardens (even house plants). In the UK the public has responded to a demand to register & license every single backyard chicken or even pet birds with a "malicious compliance". As part of the Chicken MacGuffin, a flock has now been redefined as "1" bird. What should we call a group of politicians? A "gaggle"? A "murder"?
    0 Commentarios 0 Acciones 1K Views
  • HOW THE COPS ARE SPINNING THIS SICK STORY

    Right on point brother Bryan! Those scumbag pigs WILL KILL YOU and MSM won't even divulge the NAME of the murdering swine! Much less will you get a parade with sirens wailing!

    They'll "Investigate themselves and find no wrongdoing" and give a half-hearted "ooops apology" It's sickening how hey get on TV and whine and cry like babies when one of the tyrants dies....

    But when it's you, they act like they killed a cockroach or something, they don't even act as if you were a human being. It's sickening and Satanic

    While I agree that I don't want to become LIKE THEM,
    and lose my humanity.... it's tough

    These tyrant scumbags have destroyed
    TOO MANY American lives!

    They've taken TOO MANY American lives!
    The #Police essentially destroyed my life,
    altered and devastated the outcome forever!

    Basically screwed my career and everything else!

    Over bullspit
    I've never even been convicted of ANYTHING except a misdemeanor DUI 15 years ago!

    But I've been to jail over 100 times!

    And EVERY TIME they had no case!
    Just malicious attempted prosecution
    And let's not forget #Kidnapping!

    Police have made it so that I rarely drive at all...

    If I do... I'll end up running across some scumbag who'll write me $1500 in tickets, possibly tow my car! So that really helps me go to work and earn a living!

    It has gotten so bad that I decided I'd rather just be poor than to risk a trip to the gray bar motel and have my car stolen!
    (Held for ransom)

    They've beaten me down from owning 5 vehicles
    to not owning one at all.

    Police have trashed my career causing me to go from
    making 6 figures to doing side jobs and hustling for a living...
    and that is their goal!

    But you know what???
    I've never paid them a DIME on any of the traffic tickets I've gotten

    So when people tell me "There's just a few bad apples"
    I KNOW BETTER!

    These costume wearing scumbags ARE the #Criminals you fear!

    And to be quite honest.....
    They belong in the cages they so enjoy putting you and I into!

    READ Proverbs 6:16-19

    The Police CHECK EVERY BOX ON THAT LIST!

    Proverbs 6:16-19
    16 These six things doth the LORD hate: yea, seven are an abomination unto him:

    17 A proud look, a lying tongue, and hands that shed innocent blood,

    18 An heart that deviseth wicked imaginations, feet that be swift in running to mischief,

    19 A false witness that speaketh lies, and he that soweth discord among brethren.

    The check EVERY BOX folks!
    And I KNOW that these guys have been "trained" to be like they are....

    And they've went through the Satanic ritual abuse too....
    But it's no excuse!

    They are true CRIMINALS!

    https://old.bitchute.com/video/B7tNsoh8jfU/
    HOW THE COPS ARE SPINNING THIS SICK STORY Right on point brother Bryan! Those scumbag pigs WILL KILL YOU and MSM won't even divulge the NAME of the murdering swine! Much less will you get a parade with sirens wailing! They'll "Investigate themselves and find no wrongdoing" and give a half-hearted "ooops apology" It's sickening how hey get on TV and whine and cry like babies when one of the tyrants dies.... But when it's you, they act like they killed a cockroach or something, they don't even act as if you were a human being. It's sickening and Satanic While I agree that I don't want to become LIKE THEM, and lose my humanity.... it's tough These tyrant scumbags have destroyed TOO MANY American lives! They've taken TOO MANY American lives! The #Police essentially destroyed my life, altered and devastated the outcome forever! Basically screwed my career and everything else! Over bullspit I've never even been convicted of ANYTHING except a misdemeanor DUI 15 years ago! But I've been to jail over 100 times! And EVERY TIME they had no case! Just malicious attempted prosecution And let's not forget #Kidnapping! Police have made it so that I rarely drive at all... If I do... I'll end up running across some scumbag who'll write me $1500 in tickets, possibly tow my car! So that really helps me go to work and earn a living! It has gotten so bad that I decided I'd rather just be poor than to risk a trip to the gray bar motel and have my car stolen! (Held for ransom) They've beaten me down from owning 5 vehicles to not owning one at all. Police have trashed my career causing me to go from making 6 figures to doing side jobs and hustling for a living... and that is their goal! But you know what??? I've never paid them a DIME on any of the traffic tickets I've gotten So when people tell me "There's just a few bad apples" I KNOW BETTER! These costume wearing scumbags ARE the #Criminals you fear! And to be quite honest..... They belong in the cages they so enjoy putting you and I into! READ Proverbs 6:16-19 The Police CHECK EVERY BOX ON THAT LIST! Proverbs 6:16-19 16 These six things doth the LORD hate: yea, seven are an abomination unto him: 17 A proud look, a lying tongue, and hands that shed innocent blood, 18 An heart that deviseth wicked imaginations, feet that be swift in running to mischief, 19 A false witness that speaketh lies, and he that soweth discord among brethren. The check EVERY BOX folks! And I KNOW that these guys have been "trained" to be like they are.... And they've went through the Satanic ritual abuse too.... But it's no excuse! They are true CRIMINALS! https://old.bitchute.com/video/B7tNsoh8jfU/
    OLD.BITCHUTE.COM
    How the COPS are SPINNING This Sick Story
    🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Become a member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/join Support the channel: ⭐ Patreon: https://www.patreon.com/highimpactflix ✅ CashApp: https://cash.app/$HighImpactDonate…
    0 Commentarios 0 Acciones 2K Views
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