Who’s on First & in What Percentage Application of Diverse “Other Insurance” Clauses Insurers Protected Insured and Litigated Their Differences Post 4920 Two insurance companies- Gemini and Zurich- asked the Eleventh Circuit Court of Appeal to determine what share of a $2 million settlement each is required to pay. The district court entered judgment for Gemini, ordering that Zurich pay $500,000 plus prejudgment interest. Both parties appealed, with Gemini seeking another $500,000 and Zurich challenging the award of prejudgment interest. In Gemini Insurance Company v. Zurich American Insurance Company, No. 22-13495, United States Court of Appeals, Eleventh Circuit (October 23, 2024) the competing “other insurance clauses” were resolved. FACTS After the death of Josue Vallejo, who was struck by a tractor-trailer operated by an employee of FSR Trucking, Inc two of three insurers disputed what proportion of the settlement each should pay. Zurich insured FSR, through its coverage of Commercial, for $1 million. Gemini also insured FSR for $3 million. The Vallejo claim settled for $3 million, of which Gemini contributed $2 million. Ryder’s insurance company, which is not a party to this appeal, contributed the other $1 million. Gemini and Zurich agree that they each owe a share of the $2 million, but dispute how much each one must pay. Under Gemini’s theory, they each owe $1 million. Under Zurich’s theory, they each owe their pro rata share, which is $500,000 for Zurich and $1.5 million for Gemini. The different theories of coverage turn on the application of the two policies’ “other insurance” clauses, which generally function to apportion coverage when there is overlapping insurance. Gemini argues that its policy is excess to Zurich’s, while Zurich argues that the policies attach at the same level and thus trigger pro rata contribution. Gemini sued Zurich for a declaratory judgment in its favor and an award of $1 million plus interest under claims of contractual subrogation or equitable subrogation/contribution. Zurich tendered $500,000 to Gemini to satisfy its pro rata share. Gemini, however, continued to litigate for the other $500,000 plus interest on the entire amount. Gemini appealed the District Court’s ruling in favor of Zurich and sought to obtain the other $500,000. ANALYSIS In Florida, where more than one insurer’s policy provides coverage for a loss, as the parties agree is the case here, it is appropriate to review the insurance contracts to see if the documents address the ‘ranking’ or contribution of other insurers. The Other Insurance Clauses Gemini’s “other insurance” clause provides: “This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this policy.” Zurich’s “other insurance” clause is slightly different. “When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Interpretation of the “Other Insurance” Clauses Where two insurance policies contain excess insurance clauses the clauses are deemed mutually repugnant and both insurers become primary and share the loss on a pro rata basis in accordance with their policy limits. Zurich argued, and the district court agreed, that both policies contain excess clauses such as pro rata contribution results. The Eleventh Circuit Court of Appeals sided with Gemini because when two policies containing conflicting “other insurance” or excess [uninsured/underinsured motorist] clauses. In sum an “other insurance” clause containing the phrase “we will pay the proportion of damages payable as excess” means that the clause was pro rata, even though it also characterized itself as an excess clause. Moreover, the Eleventh Circuit concluded both policies were primary. The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment with regard to the amount of contribution and remanded the case for entry of judgment in favor of Gemini for the principal amount of $1,000,000, with the understanding that Zurich has already paid half of that sum. Upon entry of the amended final judgment on remand, Gemini will be the prevailing party. When a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of that loss. The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment and remanded for the court to enter judgment in favor of Gemini in the principal amount of $1,000,000 understanding that Zurich has already paid $500,000. It also affirmed the award of prejudgment interest on the first $500,000 and direct the court to award Gemini prejudgment interest on the second $500,000 from February 7, 2019, until the date of the amended final judgment. ZALMA OPINION The three insurers of the defendant did the right thing by protecting the insured and then resolving their dispute over the share owed in court. Although insurance companies, generally, should not sue each other. “Other Insurance” clauses invariably raise disputes between insurers and often cause hardship to the insured. In this case Gemini, Zurich and an unnamed insurer put up the $3 million to settle and then Gemini and Zurich sued to clarify who owed what. The Eleventh Circuit found that the District Court was wrong because interpreting the competing “other insurance” clauses should have resulted in a finding that both Gemini and Zurich were primary insurers and each owed $1 million of the settlement and Zurich owed Gemini $500,000 plus interest. (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

Paralogisms are essentially distortions of logical thought processes that lead to incorrect conclusions, e.g., by misrepresenting or discrediting evidence or facts. Paramoralisms are moral substitutions, making evil seem good, and good evil. This can take the form of “paranormal indignation,” which is emotionally infectious and can turn people against the innocent or the virtuous. Both methods block an average person’s mind from being able to perceive the truth. https://ponerology.substack.com/p/twenty-five-predatory-tactics

https://medforth.biz/activist-doctors-cannot-hide-the-facts-about-harmful-effects-of-transgender-interventions-much-longer/

Lefties losing it: Rita Panahi reacts to hilarious satirical Biden 'lip-reading' clip https://www.youtube.com/watch?v=PjXcIoXcVo8

USA INC - The Snake! SHOW ME which ones are FREE! Because NOBODY IS FREE under the #Babylon Maritime Admiralty Law #Slave System I hold a special place for Shaking My Head Productions! I have followed his work a long time, because he has "Eyes that SEE" and "Ears that HEAR" About 4 or 5 years ago I was over at his website looking through the archived videos and I happened across "The Flat Out Truth" which is a #FlatEarth video.... At that time I was still brainwashed and deceived, and I THOUGHT that I had a lot of "Knowledge." I had been watching his videos a long time, and had come to respect his work. Upon seeing the flat earth video I immediately thought to myself... "Oh no... He's one of THOSE GUYS!" So because I respected the guy and his work, I set out to DISPROVE THE FLAT EARTH! This way, I could come back and PROVE THE #Globe to him, and set him straight! Boy, was I in for a big surprise! That is EXACTLY how I became a flat earther! Seeking to PROVE THE GLOBE, I found that there is no proof for the globe! That in reality it's ALL THEORETICAL NONSENSE which has been taught to several generations as "FACTS" when it's NOT FACTUAL, it's theoretical at best... A LIE in truth Don't get me wrong.... I had a little help from my Father above too! But as far as "Flat Earth" research goes.... SMHP set me on the path! People always say "What difference does it make? I still have to go to work tomorrow" If you cannot see what "Difference it makes" to realize that EVERY "government" on Earth has been LYING TO THEIR PEOPLE and brainwashing them in their #Schools... Spending BILLIONS in stolen "taxes" on making CGI images and cartoons.... And most importantly HIDING Yahuwah, your Creator from you, and making you feel small and insignificant WHEN YOU ARE AT THE CENTER OF CREATION.... Well I'm not certain that I can help you! It is the most important realization you can make! It will SET YOU FREE and it also allows you to see ALL OTHER LIES told by Satan's minions, which happen to reside WITHIN THE THING CALLED "Government" The FLAT and STATIONARY EARTH is truly the Most High at work waking up His people, and bringing them back home, where they belong! We have ALL been living within a GRAND DELUSION because we have allowed ourselves to become "godless sodomites" and a few other choice adjectives! Look at #Hollywood, full of the Satanic FALLEN ANGELS (Which are #Stars according to the Book of Enoch) So we IDOLIZE the fallen angels in Hollywood.... who compete for a GOLDEN IDOL which they all worship.... Humanity has fallen further than I could have ever imagined! But The Father is calling us home, and showing us the TRUTH! All that we must do is to LOOK AT IT! Look into it for ourselves, and stop believing the LIES and LIARS OF THIS WORLD! Satan is the "Prince of the Power of the AIR" for a reason! He controls ALL OF THE AIRWAVES and broadcast signals! He is piping Satanic filth right into our homes and brainwashing our children! It's time to WAKE UP folks! EVERYTHING in this world considered "Politics" is also controlled by Satan! NOT just Kamala Harris either! #Trump is also a front man for Satan! Along with EVERY OTHER POLITICIAN! It is the world that has blinded your eyes to the TRUTH! And it's time to cure that blindness, with the TRUTH of YHWH's word! https://youtu.be/wOnPMDdnmk8

I LOVE THIS!!!!! GREAT VIDEO!!! RFK JR: “[Bill Gates] has been indicted in the Netherlands for lying to the public about the COVID vaccine. And he's going to have to go to trial.” Listen to how the crowd reacts. The interesting thing about Bill Gates is that we're now finding out that he donated a whopping $50 million to a super PAC in support of Kamala Harris. In 2020, Gates made ZERO political donations. “You think that he [Gates] wants to go to trial here in the United States of America?” Kennedy asked. “[Do] you think maybe that's one of the reasons he chose to give $50 million to Kamala Harris?” https://x.com/VigilantFox/status/1849237949436588508

https://thewashingtonstandard.com/just-as-harris-insists-biden-is-capable-in-every-way-some-inconvenient-facts-come-to-light/

https://herbalremedies.one/how-to-improve-eyesight-naturally/ Save Your Eyesight naturally! Imagine a life without being able to see clearly or being literally blind for life? You don't have to lose your vision due to macular degeneration cataracts, diabetes or age. You can improve your vision naturally with the right nutrition, exercise and supplementation. #eyesight #eyes #vision #blindness #blind

THE FREEDOM/BOWEL MOVEMENT #Statism is a mental disorder Larken is pretty rational on everything BUT #FlatEarth... Where he takes a nosedive into ignorance! Claiming "Because I didn't fail basic geometry" these people attack me" or whatever.... WTF does #Geometry have to do with the FACT we live on a level plane? This is a demonstrable FACT! And like everyone else, if he'd bother to LOOK AT THE #EVIDENCE, he'd see that! I really Like Larken's thinking on statism and voluntarism..... But I find it hard to listen to someone impune people over something they have CLEARLY NOT LOOKED INTO at all! The earth is demonstrably FLAT and STATIONARY And Larkin Rose cannot PROVE otherwise.... So why does he speak on it! It ticks me off for someone ignorant of the #Truth to attack me for speaking it... even when it's someone that I like I don't need to call people names.... The FACTS speak for themselves! There is no "Earth Curvature" and that is a FACT! https://old.bitchute.com/video/4KJg3HI47lM/

Mercury, the closest planet to the Sun, has been heavily bombarded by meteorites throughout its history, similar to other rocky planets in our solar system. Its surface is covered with impact craters, some of which are quite large and ancient. Due to Mercury’s lack of a significant atmosphere, incoming meteorites do not burn up, resulting in frequent and intense impacts. Notable examples include: Caloris Basin: One of the largest known impact craters in the solar system, the Caloris Basin spans about 1,550 kilometers (960 miles). It was likely formed by an asteroid impact during Mercury's early history. Kuiper Crater: A relatively small but well-preserved crater, named after the astronomer Gerard Kuiper, is about 60 kilometers (37 miles) in diameter. Hokusai Crater: Another large crater on Mercury, measuring 114 kilometers (71 miles) in diameter, with bright rays of ejected material extending over much of the planet. Mercury's surface is thought to have experienced more impacts than Earth's, Mars', or Venus' due to its proximity to the Sun, which pulls in more meteoroids and comets. These impacts have significantly shaped the planet's geological history and surface evolution. Tonynetone