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

The Remarkable Life of Dietrich Bonhoeffer: A Story of Courage and Faith Dietrich Bonhoeffer, a German theologian, is a Christian hero for many. Executed by the Nazis just days before the end of WWII for his participation in a plot to assassinate Hitler, Bonhoeffer is hailed as a 20th-century martyr. But Bonhoeffer struggled with a moral dilemma – his religious views were in stark contrast to the evil he saw all around him. He chose to face possible imprisonment and execution and to remain faithful to the principles of his belief in God. Across the political and theological spectrum, Bonhoeffer is celebrated as an icon of true Christianity and his theological writings are classics throughout the Christian world. https://rumble.com/v3l3a37-the-remarkable-life-of-dietrich-bonhoeffer-a-story-of-courage-and-faith.html

WE ALL KNOW, NOW, THAT THE ENTIRE "BIG pHARMa/MEDICAL INDUSTRY, HAS CONSPIRED WITH OUR MILITARY ELITES, TO ENGAGE IN DEVELOPING, AND DEPLOYING BIOLOGICAL WARFARE RESEARCH, AND, ACTIVE;LY DEPLOY THEIR WEAPONS AGAINST THE PEOPLE OF THE WORLD, INTENTIONALLY TRYING TO, INDESCRIMINANTLY, KILL AS MANY INNOCENT PEOPLE, AS POSSIBLE, AS FAST AS POSSIBLE, IN A DEADLY "SOFT-KILL" OPERATION... RECENTLY STEPPING UP THIS "GAME OF DECIMATION, WITH THE "COVID19 PLANNEDEMIC"!!!! IMHO: ALL OF THE PEOPLE INVOLVED IN THESE CRIMES, MUST BE IDENTIFIED, FOUND, ARRESTED, AND EXECUTED!!! NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!! (DOCUMENTARY): Under Our Skin https://www.youtube.com/watch?v=2JgR_Jfbhv8

RFK EXPOSING BILL GATES TO KEEP HIM AWAY FROM THE TRUMP ADMINISTRATION I don't trust NONE of you! But Bill Gates should be EXECUTED live on television for the world to see for his #CrimeAgainstHumanity! The scumbag has destroyed the lives of countless young women in India.... And that was BEFORE his scamdemic #Genocide weapon JABS! NONE of you MF's are worth 50 cents because NO JUSTICE is in the works! PERIOD! #Police will GLADLY murder any American over a traffic code violation..... But they cannot arrest a MF GUILTY OF MURDERING MILLIONS! As usual.... ALL TALK, NO ACTION! https://old.bitchute.com/video/PvmOZkw42ZmR/

IMHO: ALL OF THE PEOPLE BEHIND THE "FUNDING, PLANNING, DEVELOPMENT, AND DEPLOYMENT, aka: "WEAPONIZATION" OF ANY "DISEASE", MUST BE ARRESTED, AND EXECUTED, FOR THEIR "CRIMES AGAINST HUMANITY, AND NATURE"!!!!!!!!! NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!!! Under Our Skin https://www.youtube.com/watch?v=2JgR_Jfbhv8

IMHO: ALL OF THE PEOPLE BEHIND THE "FUNDING, PLANNING, DEVELOPMENT, AND DEPLOYMENT, aka: "WEAPONIZATION" OF ANY "DISEASE", MUST BE ARRESTED, AND EXECUTED, FOR THEIR "CRIMES AGAINST HUMANITY, AND NATURE"!!!!!!!!! NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!!! https://rumble.com/v5p93mb-lyme-disease-was-a-consequence-of-u.s.-biological-weapons-research.html

IMHO: ALL OF THE PEOPLE BEHIND THE "FUNDING, PLANNING, DEVELOPMENT, AND DEPLOYMENT, aka: "WEAPONIZATION" OF ANY "DISEASE", MUST BE ARRESTED, AND EXECUTED, FOR THEIR "CRIMES AGAINST HUMANITY, AND NATURE"!!!!!!!!! NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!!! https://rumble.com/v5p93mb-lyme-disease-was-a-consequence-of-u.s.-biological-weapons-research.html

The Black Monk of Pontefract haunting at 30 East Drive, in Pontefract, West Yorkshire, is one of the most famous and chilling hauntings in England. The haunting is centered on the supposed ghost of a 16th-century monk, believed to have been executed for heinous crimes. Locals later nicknamed this spirit "The Black Monk" due to its dark robes and sinister reputation. The haunting started in the 1960s, after the Pritchard family moved into 30 East Drive. They soon experienced strange occurrences, such as lights turning on and off, strange cold gusts, and objects moving on their own. The activity escalated with increasingly violent poltergeist behavior, from loud bangs and the spilling of powders and liquids to unseen forces allegedly pulling, scratching, and even choking family members. The family reported seeing a tall, dark figure with a monk-like appearance, whom they believed was responsible. https://youtu.be/IctoumkMUCM

Wow, just wow. Listen to what happened. This is surreal! 4 Departments and a judge signed off on a search warrant for a rescued pet squirrel and raccoon, raided their house to find them and then executed them.

https://t.me/davidavocadowolfe/144659 This is Peanut, the squirrel, whom the New York State democrat agents just executed for no reason. (44 seconds)