Insurer Properly Sanctioned for Failure to Obey Court Order It is Never Proper to Fail to Comply With Court Order Post 4937 Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions. FACTS In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage. Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000. Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order. Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment. Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022. On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories. TO ESTABLISH CONTEMPT Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature. The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt. Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it. The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection. Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order. ZALMA OPINION This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals. (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

ILLUMINATI PROPHECY AND THE NWO PROPHECY COLLIDE! THE TRUTH REVEALED ON CAMERA! The English and American history that they didn't teach you in school! Of course this is the #Truth, NOT like the pure bullspit you learned in the #government indoctrination / brainwashing centers, known as #Schools These "Schools" were forced upon you, MANDATORY Re-Education Camps for your children! Funded mostly by Satanic filth like #Rothschild. These re-education centers were developed to make you and your children into "A GOOD #Slaves" who do as they are told and never question "Authority" What you deem as "Government" is in FACT just a for-profit #Corporation, operating based in #Fraud under "Maritime Admiralty Law." The "Law of the SEA or #UCC THIS is why they NEED YOUR CONSENT! It is exactly why they tell you "Get out to vote!" "Voting" is your consent to being the CHATTEL PROPERTY (The SLAVE) of the Corporation. EVERY TIME you check the box declaring "I'm a US Citizen" you are CONSENTING, just like voting FREE MEN must remain in the #Jurisdiction of COMMON LAW! Which is where ALL MEN belong! But if you can be deceived into "consenting" to giving up your inalienable human rights (Which you CANNOT give up) to be a slave of the Corporation.... THEY'LL LET YOU! Slavery is illegal, VOLUNTEERING TO BE A SLAVE IS NOT! https://old.bitchute.com/video/Y2lIfrfBjGy0/

HOLODOMOR 2.0: THE 2025/26 SPARS PLANDEMIC AND THE GREAT TRUMP DECEPTION You didn't "Vote for WW3".... You just "CONSENTED" to giving your authority to the one who will start it! So WW3 WILL BE DONE IN YOUR NAME! Won't be done in MY NAME! I make it a point to NOT CONSENT to being ruled over by #Luciferian Psychopaths! https://old.bitchute.com/video/QkUtpIrnHdEv/

IMAGINE YOURSELF SENDING A TACTICAL TEAM OF MEN WITH MACHINE GUNS TO OVERTAKE A FAMILY FOR TRADING IN NATURAL FOODS! It's what "government" does every day! Because if you were eating ALL NATURAL FOOD LIKE THIS, they could not force you to eat the poisons provided by their corporations to shorten your life and take control over your mind! WHO EXACTLY IS GOVERNMENT "REPRESENTING" WHEN THEY SEND MEN WITH MACHINE GUNS TO STOP CONSENSUAL TRANSACTIONS OF PEOPLE BUYING ALL NATURAL FOOD, AS PROVIDED BY YHWH? Can you answer that for me please??? WHO EXACTLY has the authority to tell another man what he may or may not eat??? And exactly HOW do people "give the government authority" that they themselves do not possess? YOU DON'T HAVE THE AUTHORITY TO TELL ANOTHER MAN WHAT HE MAY EAT! So how then, can you "authorize" the "government" to do this on YOUR BEHALF??? THINK ABOUT IT!!!

Occam’s Razor Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts. The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project. APPLICATION OF OCCAM’S RAZOR The analysis technique that proposes that the simplest of competing theories be preferred to the more complex. FACTUAL BACKGROUND Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed. From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project. Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction. DUTY TO DEFEND Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage. The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project. ANALYSIS The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply? The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute. THE HOLDING There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole. Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied. ZALMA OPINION This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend. (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 Subscribe to my substack at https://lnkd.in/gmmzUVBy

THE NEW WORLD ORDER, 2007 MEDIA AND PRESS RELEASES PT 5, HEALTH AUTHORITY HIDE BAD VACCINE REACTIONS https://old.bitchute.com/video/hh1Wo5RuCEQY/

This Is What Happens When You Try To File A Complaint Against CORRUPT Cops! I've gotten where I really don't like "Audit the Audit" too much anymore.... He is too much of a kiss ass, and pretends that the "Black Robed Priests" of the #BAR Association have legitimate authority over Americans.... When the truth is that the whole #Corrupt system, from the #Police to the #Courts, to the corrupt politicians and scumbag Prosecutors are ALL OPERATING BASED 100% ON #FRAUD, under maritime admiralty law.. The #Constitution is the LAW OF THE LAND! Maritime Admiralty Law, on the other hand, is THE LAW OF THE SEA! It's the law of SHIPPING and COMMERCE, the law of MONEY, the #UCC....... Long story short, YOU MUST CONSENT TO BEING RULED UNDER MARITIME LAW! And since you are UNAWARE that our courts even operate on this Fraud based system, THERE IS NO WAY YOU COULD CONSENT! Consent MUST BE INFORMED! what these #Criminals operate under is the biggest FRAUD in the history of man! COMMERCIAL COURTS such as these have NO JURISDICTION over living MEN! They only have #Jurisdiction over #Corporations.... And they use "Legal Fictions" (Based 100% on FRAUD) to claim that YOU ARE A CORPORATION... rather you are "representing a corporation" Which is all BS and a total FRAUD! Our "country" is not a country.... IT'S A CORPORATION OF #CRIMINALS! Every last employee of this fraud based phony "government" belong in jail! And YOU need to learn about JURISDICTION, and how to remain in the COMMON LAW JURISDICTION WHERE YOU BELONG! Stop being the tax cattle of a corporation that is bending you over by claiming that you are representing a "corporation" It's 100% FRAUD folks! Truly it is! And the LAW will tell you I'm right about this! https://youtu.be/FixiyODIxV4

BREAKING: COP29 & THE BAN ON MEAT! - UNITED NATIONS DECLARE WAR ON FARMERS! NOBODY has the authority to "Police the air" That includes the #EPA and the rest of the US "Government" It has been ruled on by #SCOTUS (Despite them being controlled by the criminals) These scumbags at the United Nations are ALL #Criminals, and ALL belong in JAIL! https://old.bitchute.com/video/PWpkuUm0BIWk/

AMERICA IS A SOVEREIGN CONSTITUTIONAL REPUBLIC! NOT A DEMOCRACY! DON'T LET THEM STEAL OUR RIGHTS! 🔥 FIRST OF ALL..... No matter what form of "government" the #Corporation of the United States claims to be... IT REQUIRES YOUR CONSENT TO HAVE ANY AUTHORITY OVER YOU! What you have in the US is a CORPORATION operating under a #Fraud based system of "Maritime Admiralty Law." It's NOT a "government" at all! It's a CORPORATION And every city, state, town, and #Police Department / #Sheriff's Office is a SUBSIDIARY CORPORATION! It's basically a "Private Society" in which you have been deceived into "Consenting" to become a member, which puts you under their #Jurisdiction! YOU must claim to be a "Citizen" of their PRIVATE SOCIETY or else "Consent" expressly or IMPLIED, to being a "citizen" for them to have ANY AUTHORITY OVER YOU The "Implied Consent Doctrine" is used by them to claim you have consented, because you were silent when you should have spoken up! ANYTHING can be used to claim that you "consent" Your ACTIONS or "LACK OF ACTIONS" can be used to claim that you consent by these criminals You need to learn about "Consent" and "Implied Consent" Because YOU are a sovereign MAN or WOMAN who does not have to give ANYONE authority over you! Until this point you have done it out of ignorance! Well the time for ignorance is OVER! DO NOT CONSENT! CHALLENGE ANY STATEMENTS WHICH CLAIMS THAT YOU DO CHALLENGE ANY STATEMENTS CLAIMING THEY HAVE AUTHORITY OVER YOU! https://old.bitchute.com/video/ujczVBFOK6Mp/

PRESIDENT TRUMP video! THE END OF THE DEEP STATE: President Trump’s Plan to Dismantle the Deep State and Return Power to the American People. Here's my plan to dismantle the deep state and reclaim our democracy from Washington corruption once and for all, and corruption it is. First, I will immediately re-issue my 2020 Executive Order restoring the President's authority to remove rogue bureaucrats. And I will wield that power very aggressively. Second, we will clean out all of the corrupt actors in our National Security and Intelligence apparatus, and there are plenty of them. The departments and agencies that have been weaponized will be completely overhauled so that faceless bureaucrats will never again be able to target and persecute conservatives, Christians, or the left's political enemies, which they're doing now at a level that nobody can believe even possible. Third, we will totally reform FISA courts which are so corrupt that the judges seemingly do not care when they are lied to in warrant applications. So many judges have seen so many applications that they know were wrong, or at least they must have known. They do nothing about it, they're lied to. Fourth, to expose the hoaxes and abuses of power that have been tearing our country apart, we will establish a Truth and Reconciliation Commission to declassify and publish all documents on Deep State spying, censorship, and corruption, and there are plenty of them. Fifth, we will launch a major crackdown on government leakers who collude with the fake news to deliberately weave false narratives and to subvert our government and our democracy. When possible, we will press criminal charges. Sixth, we will make every Inspector General's Office independent and physically separated from the departments they oversee so they do not become the protectors of the Deep State. Seventh, I will ask Congress to establish an independent auditing system to continually monitor our intelligence agencies to ensure they are not spying on our citizens or running disinformation campaigns against the American people, or that they are not spying on someone's campaign like they spied on my campaign. Eighth, we will continue the effort launched by the Trump administration to move parts of the sprawling federal bureaucracy to new locations outside the Washington Swamp. Just as I moved the Bureau of Land Management to Colorado, as many as 100,000 government positions can be moved out. And I mean immediately out of Washington to places filled with patriots who love America, and they really do love America. Ninth, I will work to ban federal bureaucrats from taking jobs at the companies they deal with and that they regulate. So they deal with these companies and they regulate these companies and then they want to take jobs from these companies. Doesn't work that way—such a public display cannot go on and it's taking place all the time, like with Big Pharma. Finally, I will push a constitutional amendment to impose term limits on members of Congress. This is how I will shatter the deep state and restore government that is controlled by the people and for the people. Thank you very much. https://substack.com/@randpaulreview/note/c-76114041