• 1 HOUR OF BACKLASH AGAINST WOKE PEOPLE FINALLY STARTED [2024-11-20] - UNWOKE (VIDEO)
    https://old.bitchute.com/video/aaHPzuDGh5bE/

    1 Hour of BACKLASH Against Woke People Finally Started. -- UNWOKE
    1 HOUR OF BACKLASH AGAINST WOKE PEOPLE FINALLY STARTED [2024-11-20] - UNWOKE (VIDEO) https://old.bitchute.com/video/aaHPzuDGh5bE/ 1 Hour of BACKLASH Against Woke People Finally Started. -- UNWOKE
    OLD.BITCHUTE.COM
    1 HOUR OF BACKLASH AGAINST WOKE PEOPLE FINALLY STARTED [2024-11-20] - UNWOKE (VIDEO)
    1 Hour of BACKLASH Against Woke People Finally Started. -- UNWOKE The European Union (EU), United Nations (UN), and the North Atlantic Treaty Organization (NATO) are JEWISH GLOBALIST COMMUNIST SATANIC CABAL ✡️ organizations which are pushing for …
    0 Commentarios 0 Acciones 41 Views
  • Former Polish Official Claims Ukraine Has Stolen Half of US Aid Money, Alleges They Laundered Funds Back to Democrats https://www.infowars.com/posts/former-polish-official-claims-ukraine-has-stolen-half-of-us-aid-money-alleges-they-laundered-cash-back-to-democrats
    Former Polish Official Claims Ukraine Has Stolen Half of US Aid Money, Alleges They Laundered Funds Back to Democrats https://www.infowars.com/posts/former-polish-official-claims-ukraine-has-stolen-half-of-us-aid-money-alleges-they-laundered-cash-back-to-democrats
    Like
    1
    0 Commentarios 0 Acciones 180 Views

  • Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract

    Waiver of Subrogation Applies in Marine Insurance Policy

    Post 4938

    Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog.

    Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy.

    In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes.

    BACKGROUND

    The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized.

    Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims.

    THE TIME CHARTER

    Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood.

    THE POLICY

    The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured.

    THE MASTER SERVICES CONTRACTS.

    Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims.

    ANALYSIS

    Fieldwood’s Motion

    Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood.

    U.S. Specialty Waived Its Rights of Subrogation

    The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood.

    Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention.

    The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation.

    Fieldwood’s motion for partial summary judgment was GRANTED.

    ZALMA OPINION

    Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract Waiver of Subrogation Applies in Marine Insurance Policy Post 4938 Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog. Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy. In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes. BACKGROUND The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized. Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims. THE TIME CHARTER Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood. THE POLICY The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured. THE MASTER SERVICES CONTRACTS. Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims. ANALYSIS Fieldwood’s Motion Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood. U.S. Specialty Waived Its Rights of Subrogation The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood. Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention. The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation. Fieldwood’s motion for partial summary judgment was GRANTED. ZALMA OPINION Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    0 Commentarios 0 Acciones 608 Views
  • DRILL BABY DRILL...
    BREAKING: President-elect Trump to revive the Keystone XL oil pipeline on his first day back in the White House — POLITICO
    DRILL BABY DRILL... BREAKING: President-elect Trump to revive the Keystone XL oil pipeline on his first day back in the White House — POLITICO
    Like
    2
    0 Commentarios 0 Acciones 186 Views
  • Trump Team to Reinstate Term 'Illegal Alien'
    https://www.newsmax.com/newsfront/illegal-alien-trump-border/2024/11/20/id/1188877/?ns_mail_uid=6027034f-006f-40ef-b94b-fe4719b97a24&ns_mail_job=DM714298_11212024&s=acs&dkt_nbr=010124lbs3dl

    President-elect Donald Trump will be doing away with the politically correct term "undocumented noncitizen" and returning to "illegal alien" to describe people who have illegally entered the U.S., the Washington Examiner reported on Wednesday.

    "In this [present] administration, we used 'undocumented immigrants,' right?" a former immigration official who is advising the transition team said to the outlet. "Expect all of that to change." Another official confirmed that discussions of bringing "illegal alien" back into official government lexicon were accurate.

    President Joe Biden's administration banned the term in 2021 under a directive that hoped to "set the tone and exa
    Trump Team to Reinstate Term 'Illegal Alien' https://www.newsmax.com/newsfront/illegal-alien-trump-border/2024/11/20/id/1188877/?ns_mail_uid=6027034f-006f-40ef-b94b-fe4719b97a24&ns_mail_job=DM714298_11212024&s=acs&dkt_nbr=010124lbs3dl President-elect Donald Trump will be doing away with the politically correct term "undocumented noncitizen" and returning to "illegal alien" to describe people who have illegally entered the U.S., the Washington Examiner reported on Wednesday. "In this [present] administration, we used 'undocumented immigrants,' right?" a former immigration official who is advising the transition team said to the outlet. "Expect all of that to change." Another official confirmed that discussions of bringing "illegal alien" back into official government lexicon were accurate. President Joe Biden's administration banned the term in 2021 under a directive that hoped to "set the tone and exa
    Like
    1
    1 Commentarios 1 Acciones 487 Views
  • The Final Experiment Talk 2 David Weiss ¦ Joe Hanvey ¦ Psychedelicizationism #VikkaDraziv CLIP

    I'm with Dave, if they do happen to see a 24 hour sun in #Antarctica it's because they FAKED IT, and regardless, it has NOTHING to do with the shape of the earth!

    This entire "Final Experiment" thing sounds like some sort of scam to me!

    How about just tell the f*cking #Military to stand down, and let
    FREE MEN & WOMEN explore our Earth freely, like it should be???

    WHY should we allow them to box us into some BS "experiment"???

    THERE IS NOT A MAN ALIVE WHO HAS MORE RIGHTS TO THIS EARTH THAN I HAVE!
    PERIOD!

    This earth belongs to us ALL!
    No man, or group of men, have a right to cordon off part of it and tell everyone else that they cannot explore it! ESPECIALLY people who supposedly "represent" us all!

    THEY WORK FOR US!
    When is the last time you allowed YOUR EMPLOYEE to tell you...
    "Sorry boss, I can't allow you to go into your own back room, I put men with guns back there too shoot you if you try"

    WHAT SENSE DOES THAT MAKE???
    These are Luciferian psychopathic scumbags, hiding the #Truth of creation from you!

    https://youtu.be/14I9dJ2n9eY?feature=shared
    The Final Experiment Talk 2 David Weiss ¦ Joe Hanvey ¦ Psychedelicizationism #VikkaDraziv CLIP I'm with Dave, if they do happen to see a 24 hour sun in #Antarctica it's because they FAKED IT, and regardless, it has NOTHING to do with the shape of the earth! This entire "Final Experiment" thing sounds like some sort of scam to me! How about just tell the f*cking #Military to stand down, and let FREE MEN & WOMEN explore our Earth freely, like it should be??? WHY should we allow them to box us into some BS "experiment"??? THERE IS NOT A MAN ALIVE WHO HAS MORE RIGHTS TO THIS EARTH THAN I HAVE! PERIOD! This earth belongs to us ALL! No man, or group of men, have a right to cordon off part of it and tell everyone else that they cannot explore it! ESPECIALLY people who supposedly "represent" us all! THEY WORK FOR US! When is the last time you allowed YOUR EMPLOYEE to tell you... "Sorry boss, I can't allow you to go into your own back room, I put men with guns back there too shoot you if you try" WHAT SENSE DOES THAT MAKE??? These are Luciferian psychopathic scumbags, hiding the #Truth of creation from you! https://youtu.be/14I9dJ2n9eY?feature=shared
    0 Commentarios 0 Acciones 356 Views
  • https://thewashingtonstandard.com/russia-strikes-back-u-s-embassy-in-kyiv-closes-due-to-specific-intel-regarding-a-significant-air-attack/
    https://thewashingtonstandard.com/russia-strikes-back-u-s-embassy-in-kyiv-closes-due-to-specific-intel-regarding-a-significant-air-attack/
    THEWASHINGTONSTANDARD.COM
    Russia Strikes Back! U.S. Embassy In Kyiv Closes Due To “Specific” Intel Regarding A “Significant Air Attack” - The Washington Standard
    Throughout this very long war, the U.S. Embassy in Kyiv has continued to operate even though there has been a constant threat of missile strikes and drone attacks. But now it has closed because it has received “specific information” that the Russians are about to conduct a “significant air attack”. ...
    0 Commentarios 0 Acciones 150 Views
  • Your pets suffer from the things you do. That's why pets are some of our biggest fans. Not only will Lifewave patches enhance your health and vitality, but they will do the same for your pets. They come with a 90-day money back guarantee! http://wavelengthpatch.com #Everyone
    Your pets suffer from the things you do. That's why pets are some of our biggest fans. Not only will Lifewave patches enhance your health and vitality, but they will do the same for your pets. They come with a 90-day money back guarantee! http://wavelengthpatch.com #Everyone
    0 Commentarios 0 Acciones 251 Views
  • Prairie Fever | FULL MOVIE | 2007 | Action, Western | Kevin Sorbo, Lance Henriksen, Dominique Swain
    A down-and-out sheriff is given a shot at salvation when he’s paid to transport three women with “prairie fever” back to civilization. Crossing the perilous plains and outrunning a killer gang intent on stopping their passage, the sheriff finds his will to live again in the love of a woman on the run.
    Prairie Fever | FULL MOVIE | 2007 | Action, Western | Kevin Sorbo, Lance Henriksen, Dominique Swain A down-and-out sheriff is given a shot at salvation when he’s paid to transport three women with “prairie fever” back to civilization. Crossing the perilous plains and outrunning a killer gang intent on stopping their passage, the sheriff finds his will to live again in the love of a woman on the run.
    0 Commentarios 1 Acciones 467 Views
  • Incoming Deputy Chief of Staff Stephen Miller lays out what happens DAY ONE of the Trump Presidency:
    Common sense and the rule of law are coming back to Washington, folks.
    Incoming Deputy Chief of Staff Stephen Miller lays out what happens DAY ONE of the Trump Presidency: Common sense and the rule of law are coming back to Washington, folks.
    Love
    1
    0 Commentarios 0 Acciones 156 Views 4
Resultados de la búsqueda
Patrocinados

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