• 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    Fourth: Riaz’s license to practice dentistry was revoked, and she filed the complaint at issue in this case.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

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    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.
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    As featured on NBC's "The Today Show" Named "Best Value" by The Wall Street Journal See EarPops at The Museum of Modern, NY, October 16, 2005 - January 2, 2006 They're Bandless! They're Patented! They're Warm & Washable! They Fit In Your Pocket! They Just "Pop" On Your Ear! Enjoy some holiday savings as we *****liquidate the remainder of our ear pop manufacturing business.******* For Men, Women, Children They are great for people who do not like to wear hats as well as those whom are subject to ear problems. If you are not sure of sizes -- most women wear a medium, most men wear a large. Most petite adults and children wear a size small. For skiers, campers, bikers, joggers, construction workers, walkers, fishermen, ice skaters, snowboarders, or anyone who works or plays in the cold or wind. They're also great for anyone who doesn't like wearing hats or doesn't want their hair tousle Choose Your Size Simply measure your ear from the top of your ear to the bottom. For help in determining your size, go to: Size Chart SMALL (1 ½" - 2 ¼") MEDIUM (2 ¼" - 2 ¾") LARGE (2 ¾" - 3") Our Guarantee: If you are unhappy with your EarPops for any reason, we will be happy to exchange them for another pair or give you a refund within 30 days of purchase, minus a $1.00 per pair restocking fee. We will waive the restocking fee and pay the return postage if we sent you the wrong order, or the product is defective. Made of microfiber fleece, these ear muffs will keep your ears comfortably warm. They come in a wide variety of colors Merchant Accounts: If you are a retailer and are interested in carrying EarPops in your store, send us an email . Frequently Asked Questions I'm buying these as a gift. How do I know what size to order without measuring? If you're not sure, buy a medium for a woman and large for a man. If they don't fit you can return them within 30 days for an exchange or refund. For children, buy a small. Will I be able to hear with them on? Yes, your hearing is not affected. Are they comfortable? Most people think so. They are not elastic, so there is no constant pressure on your ear. Are they warm? EarPops are made of Microfiber fleece, the same material used in fleece parkas, jackets and vests. They provide excellent insulation from the cold. Can I wash them? All of our fleece products are machine washable. We recommend washing them on the medium heat setting, and drying on low. Bleach is not recommended. I measured my ear and it's on the border between a medium and a large. What size should I buy? If you're between sizes, go up in size. It's better to wear one which is slightly too large than one which is too tight. Do they stay on? Yes. Many people wear them while skiing. They actually fit completely over your ear, forming a pocket. They then "pop" shut (hence, the name). It takes some trying to get them to fall off. Are they easy to put on? They come with a handy diagram. Make sure you press them onto your ears by pushing the rim using only your fingertips, not your palm. Allow yourself a couple minutes the first time, to make sure they are securely on. After that, it's a breeze, like riding a bicycle.
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  • AUSTRALIA TURBO CANCER TO SPREAD LIKE WILDFIRE AND KILL BILLIONS IN 2 YEARS' - THE PEOPLE'S VOICE

    The fact of the matter is that ANY #Police who went along with this BS, and has now FAILED TO ARREST THOSE RESPONSIBLE FOR THE #GENOCIDE fully deserve to be EXECUTED for aiding and abetting #CrimesAgainstHumanity!

    This type of BS happened in the US as well, but on a smaller scale
    Because unlike the Australians we can still shoot our attackers!

    Having said that, Police are so corrupt now....
    Every last one of them belongs in jail, and we have done nothing!

    https://old.bitchute.com/video/DDpJDYfAAubm/
    AUSTRALIA TURBO CANCER TO SPREAD LIKE WILDFIRE AND KILL BILLIONS IN 2 YEARS' - THE PEOPLE'S VOICE The fact of the matter is that ANY #Police who went along with this BS, and has now FAILED TO ARREST THOSE RESPONSIBLE FOR THE #GENOCIDE fully deserve to be EXECUTED for aiding and abetting #CrimesAgainstHumanity! This type of BS happened in the US as well, but on a smaller scale Because unlike the Australians we can still shoot our attackers! Having said that, Police are so corrupt now.... Every last one of them belongs in jail, and we have done nothing! https://old.bitchute.com/video/DDpJDYfAAubm/
    OLD.BITCHUTE.COM
    Australia Turbo Cancer to Spread Like Wildfire and Kill BILLIONS in 2 Years' - The People's Voice
    The People's Voice 95.5K followers 3 hours ago 7.88K Views In a chilling new revelation, Australian officials are now warning that turbo cancer is set to spread like wildfire in the next two years, killing hundreds of millions around the globe. He…
    0 Commentarii 1 Distribuiri 389 Views
  • FIGHT FIGHT FIGHT - BUILD BACK BETTER - AS IN THE DAYS OF NOAH!

    “When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity.”
    — Manly P. Hall

    https://old.bitchute.com/video/B53FPkjmSfc1/
    FIGHT FIGHT FIGHT - BUILD BACK BETTER - AS IN THE DAYS OF NOAH! “When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity.” — Manly P. Hall https://old.bitchute.com/video/B53FPkjmSfc1/
    OLD.BITCHUTE.COM
    Fight Fight Fight - Build Back Better - As In The Days Of Noah!
    I'm just showing you what they show us in our "scripted" reality. Thanks to all my supporters and subs. You help me find new connections all the time. It's definitely a group effort exposing these demons. One coincidence is a coincidence. 2 coincide…
    0 Commentarii 0 Distribuiri 231 Views

  • 5 Troy Anderson
    Yet accession 66 OVR amateur on the list! Anderson was a second-round aces for the Falcons in 2022 and is aloof cat-and-mouse for gamers to aces him, and he will actualization his prowess. His 6’4’ anatomy and solid authentic ancestry achieve him the go-to apostle for any scheme.

    He has an activity of 87, dispatch of 92, and 85 change of direction, all at the top position or advancing the top position on the MLB position board. Akin if he may not be abundant of a Blitzer, gamers can calmly ascendancy him during advantage or aback breaking up the passes over the boilerplate of the field.

    4 Nolan Smith
    Nolan Smith adeptness be a rookie, but afterwards falling to the end of the aboriginal annular in the abstract in 2022, he is added acquirable than abounding bodies think. He is a brilliant in the making, with a 95 jumping, 81 change of direction, and 93 speed, which acme all LOLB. Akin if he is not a ascendant canyon rusher immediately, his 71 acumen moves are a top-building block. With this speed, you will absolutely get some user sacks about the bend as you accommodate accession to bead into coverage.

    3 De’Von Achane
    Another speedster with 91 agility, 94 acceleration, and 95 speed! De’Von Achane is amid the top bristles halfbacks in Miami, proving he is not aloof any player. His OVR of 76 is about high, abnormally aback he is a third-round rookie.

    Great Sports Administration Amateur That Are Not Football Manager

    In accession to his physicals, he has a 92 carrying, which is absorbing for a rookie, and 65 catches, which makes him aloof acceptable abundant to achieve plays in the adventitious game. However, gamers should burden from allurement him to do too abundant blocking, as his 45 canyon is not so exemplary.

    2 Myles Garrett
    A affiliate of the 99 club who wreaks calamity off the edge, Myles Gyaret is a accelerated bend rusher who gamers can use as a backfield disruptor. By abacus him to defense, gamers can about be abiding to be offered a 2023 first-rounder.

    To achieve the best out of the player, gamers should add him to a aegis in the advanced seven with little to no assault adeptness and speed. Also, he may be a acceptable advantage if a gamer controls a low-rated aggregation like Detroit, Jacksonville, or New York.

    1 Aaron Donald
    Experts accede Aaron Donald the best autogenous arresting lineman to anytime comedy in Madden NFL 25, and it is accessible to see why. He maintained his run of 99 Club inclusions in 23 and may not bead these ethics until his retirement. To admission Donald from the division, gamers should activity Jimmy Garappolo, who has an OVR of 70.

    His acceptability and achievement are not commodity to overlook. He has All-Pro selections and nine Pro Bowl nods to his name. These, calm with his three Arresting Amateur of the Year Awards, Super Bowl LVI ring, and a Arresting Amateur of the Year honor, achieve him a amateur to ache for. He is the abandoned 99 all-embracing arresting lineman in Madden 25, arch a accumulation that includes ascendant Arresting Amateur of the Year Nick Bosa.

    Madden NFL 25

    Franchise Madden NFL Platform(s) PC , PS5 , PS4 , Xbox Alternation X , Xbox Alternation S , Xbox One Arise August 18, 2023 Developer(s) EA Tiburon Madden NFL 25-Suffers from Austere Bugs That Accept Been Afflictive the Authorization for Years
    As always, MMOexp.com offers you a safe and cheap Madden 25 Coins service.
    5 Troy Anderson Yet accession 66 OVR amateur on the list! Anderson was a second-round aces for the Falcons in 2022 and is aloof cat-and-mouse for gamers to aces him, and he will actualization his prowess. His 6’4’ anatomy and solid authentic ancestry achieve him the go-to apostle for any scheme. He has an activity of 87, dispatch of 92, and 85 change of direction, all at the top position or advancing the top position on the MLB position board. Akin if he may not be abundant of a Blitzer, gamers can calmly ascendancy him during advantage or aback breaking up the passes over the boilerplate of the field. 4 Nolan Smith Nolan Smith adeptness be a rookie, but afterwards falling to the end of the aboriginal annular in the abstract in 2022, he is added acquirable than abounding bodies think. He is a brilliant in the making, with a 95 jumping, 81 change of direction, and 93 speed, which acme all LOLB. Akin if he is not a ascendant canyon rusher immediately, his 71 acumen moves are a top-building block. With this speed, you will absolutely get some user sacks about the bend as you accommodate accession to bead into coverage. 3 De’Von Achane Another speedster with 91 agility, 94 acceleration, and 95 speed! De’Von Achane is amid the top bristles halfbacks in Miami, proving he is not aloof any player. His OVR of 76 is about high, abnormally aback he is a third-round rookie. Great Sports Administration Amateur That Are Not Football Manager In accession to his physicals, he has a 92 carrying, which is absorbing for a rookie, and 65 catches, which makes him aloof acceptable abundant to achieve plays in the adventitious game. However, gamers should burden from allurement him to do too abundant blocking, as his 45 canyon is not so exemplary. 2 Myles Garrett A affiliate of the 99 club who wreaks calamity off the edge, Myles Gyaret is a accelerated bend rusher who gamers can use as a backfield disruptor. By abacus him to defense, gamers can about be abiding to be offered a 2023 first-rounder. To achieve the best out of the player, gamers should add him to a aegis in the advanced seven with little to no assault adeptness and speed. Also, he may be a acceptable advantage if a gamer controls a low-rated aggregation like Detroit, Jacksonville, or New York. 1 Aaron Donald Experts accede Aaron Donald the best autogenous arresting lineman to anytime comedy in Madden NFL 25, and it is accessible to see why. He maintained his run of 99 Club inclusions in 23 and may not bead these ethics until his retirement. To admission Donald from the division, gamers should activity Jimmy Garappolo, who has an OVR of 70. His acceptability and achievement are not commodity to overlook. He has All-Pro selections and nine Pro Bowl nods to his name. These, calm with his three Arresting Amateur of the Year Awards, Super Bowl LVI ring, and a Arresting Amateur of the Year honor, achieve him a amateur to ache for. He is the abandoned 99 all-embracing arresting lineman in Madden 25, arch a accumulation that includes ascendant Arresting Amateur of the Year Nick Bosa. Madden NFL 25 Franchise Madden NFL Platform(s) PC , PS5 , PS4 , Xbox Alternation X , Xbox Alternation S , Xbox One Arise August 18, 2023 Developer(s) EA Tiburon Madden NFL 25-Suffers from Austere Bugs That Accept Been Afflictive the Authorization for Years As always, MMOexp.com offers you a safe and cheap Madden 25 Coins service.
    0 Commentarii 0 Distribuiri 1K Views
  • To Prove Fraud a Preponderance of the evidence is Required

    An article For Subscribers to Excellence in Claims Handling
    You can Subscribe for only $5 a month to Excellence in Claims Handling at
    https://barryzalma.substack.com/subscribe

    A small portion of what was provided to subscribers.The Supreme Court, reviewing the law in other states found: “Although a few jurisdictions require that exclusions from coverage be proved by clear and convincing evidence, the burden of proving insurance policy exclusionary provisions is usually a preponderance of the evidence. Lee R. Russ & Thomas F. Segalla, 17 Couch on Insurance 254:14 (3d ed. 2003) [hereinafter Couch]; compare Rego v. Conn. Ins. Placement Facility, 593 A.2d 491, 494-95 (Conn. 1991) (following the majority of courts and commentators suggesting that insurers must prove policy defenses by a preponderance of the evidence), with Am. Family Mut. Ins. Co. v. Schley, 978 F. Supp. 870, 874-75 (E.D. Wis. 1997).”

    Applying the preponderance of the evidence burden to a concealment or misrepresentation defense, the Arizona Supreme Court concluded comports with sound reason and is supported by major commentators in the field. In fact, the Supreme Court pointed out that the Arizona Court of Appeals has held that the defense of arson, which by its nature may impute fraudulent representations to the insurer, must be proved only by a preponderance of the evidence.
    To Prove Fraud a Preponderance of the evidence is Required An article For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe A small portion of what was provided to subscribers.The Supreme Court, reviewing the law in other states found: “Although a few jurisdictions require that exclusions from coverage be proved by clear and convincing evidence, the burden of proving insurance policy exclusionary provisions is usually a preponderance of the evidence. Lee R. Russ & Thomas F. Segalla, 17 Couch on Insurance 254:14 (3d ed. 2003) [hereinafter Couch]; compare Rego v. Conn. Ins. Placement Facility, 593 A.2d 491, 494-95 (Conn. 1991) (following the majority of courts and commentators suggesting that insurers must prove policy defenses by a preponderance of the evidence), with Am. Family Mut. Ins. Co. v. Schley, 978 F. Supp. 870, 874-75 (E.D. Wis. 1997).” Applying the preponderance of the evidence burden to a concealment or misrepresentation defense, the Arizona Supreme Court concluded comports with sound reason and is supported by major commentators in the field. In fact, the Supreme Court pointed out that the Arizona Court of Appeals has held that the defense of arson, which by its nature may impute fraudulent representations to the insurer, must be proved only by a preponderance of the evidence.
    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 Commentarii 0 Distribuiri 629 Views
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