• My name is Jake Lang & I have been a January 6 Hostage - incarcerated & tortured without a trial for 3 years, 10 months and 5 days by the Deepstate!

    I will not accept a pardon unless ALL Jan 6 Prisoners are pardoned.

    The 1561+ January 6 Political Prisoners are unanimously calling upon President Trump to SAVE OUR LIVES & follow his heart: Pardon All J6ers on Day One

    NO MAN LEFT BEHIND TO ROT IN THE GULAG!

    We have drafted the J6 Day One Freedom Petition ( J6Pardons.com ) that has been signed by tens of thousands of red blooded Americans, including Conservative Luminaries:

    Jim Hoft, Laura Loomer, Darren Beattie, Diamond & Silk, Grant Stinchfield, Brandon Straka, Cara Castronuova, Wayne Allyn Root, Ann Vandersteel, Doug Billings, Jeff Crouere, Behizy, Matt Wallce, Couy Griffin, Treniss Evans, David Sumrall & Suzzane Monk

    The weaponization of the DOJ has gone too far, and destroyed thousands of lives with an overzealous political persecution of Trump supporters.

    Trump knows how it feels to be railroaded, denied due process & an impartial jury. To be convicted by the corrupt media before you ever step foot in court.

    Every Jan 6er was entrapped by our own Federal Government at the Capitol, a clear set up to paint Trump & his supporters as domestic terrorists!!

    The hundreds of patriotic men who have assault charges (590 out of 1561 defendants) such as myself - were forced to defend our own lives & the lives of the unarmed women and elderly around us.

    The Capitol Police murdered a young defenseless woman Roseanne Boyland, a 38 year old angel from Georgia in my arms. After this many men including myself took up a serious defensive position.

    The numerous award winning documentaries on J6 prove that we were NOT the aggressors, but responded as brave American men do to oppression & violence: we stood our ground & defended those around us.

    Nearly 4 years I have traded tears and prayers with my brothers in the Gulag, getting to know each and every man & see his Godly character -

    I can unequivocally say this crop of patriots & Christians are the BEST AMERICANS WE HAVE: they are bold and brave, kind and concerned fathers & husbands, leaders and lovers of God and Country.

    Unbreakable, indomitable, unrelenting 1776 patriots who would die to defend our Constitution without moments hesitation.

    Humble hard workers, military veterans & school teachers. Bus drivers, doctors, Olympic athletes, NFL players, Broadway stars and missionary servants of the Lord.

    Carpenters, plumbers, roofers, electricians, fathers, husbands: Man amongst men.

    This outrageous stain on American history, similar to the Japanese internment camps in World War II, has gone on long enough. Its time to set free the captives, and break the shackles of two tiered justice.

    Its time to release, pardon & fully expunge / erase the records of every single January 6 Hostage. Point blank period.

    History calls us to this moment of National Reconciliation, the American people have all but lost their faith in the judicial system watching Trump & the J6 witch hunt continue for 4 long years. We need to restore belief & trust in American jurisprudence.

    The immediate release of the Jan 6ers is where we start this battle to revive our degenerated institutions that used to be sacred.

    We are trusting the new MAGA Attorney General will also put an end to the Weaponized DOJ and immediately HALT all new J6 investigations & arrests, and DISMISS all current pending cases.

    How many J6 grandmothers need to be ripped out of their homes at gunpoint by a tyrannical FBI GESTAPO squadron and railroaded into federal prisons before we STOP THIS MADNESS!?!

    My conscious is clear before the Savior of man: that just as blanket pardons were issued after the Civil War to restore national unity, we too should be looking at this national healing moment with reverence & earnest expectations!

    President Trump will not let us down, we stand behind you Mr. President!

    NOT A SINGLE J6ER WAS GIVEN A FAIR TRIAL!!!

    J6Pardons.com to sign the official J6 Day One Freedom Petition

    #MAGA #FULLPARDONS #BREAKEVERYCHAIN #FREEATLAST #JANUARY20TH #INAUGURATION #LIBERATIONDAY
    https://x.com/JakeLangJ6/status/1859657832951632228?t=Ba2gzLPyrEytXhVvOHtSLw&s=09
    My name is Jake Lang & I have been a January 6 Hostage - incarcerated & tortured without a trial for 3 years, 10 months and 5 days by the Deepstate! I will not accept a pardon unless ALL Jan 6 Prisoners are pardoned. The 1561+ January 6 Political Prisoners are unanimously calling upon President Trump to SAVE OUR LIVES & follow his heart: Pardon All J6ers on Day One NO MAN LEFT BEHIND TO ROT IN THE GULAG! We have drafted the J6 Day One Freedom Petition ( J6Pardons.com ) that has been signed by tens of thousands of red blooded Americans, including Conservative Luminaries: Jim Hoft, Laura Loomer, Darren Beattie, Diamond & Silk, Grant Stinchfield, Brandon Straka, Cara Castronuova, Wayne Allyn Root, Ann Vandersteel, Doug Billings, Jeff Crouere, Behizy, Matt Wallce, Couy Griffin, Treniss Evans, David Sumrall & Suzzane Monk The weaponization of the DOJ has gone too far, and destroyed thousands of lives with an overzealous political persecution of Trump supporters. Trump knows how it feels to be railroaded, denied due process & an impartial jury. To be convicted by the corrupt media before you ever step foot in court. Every Jan 6er was entrapped by our own Federal Government at the Capitol, a clear set up to paint Trump & his supporters as domestic terrorists!! The hundreds of patriotic men who have assault charges (590 out of 1561 defendants) such as myself - were forced to defend our own lives & the lives of the unarmed women and elderly around us. The Capitol Police murdered a young defenseless woman Roseanne Boyland, a 38 year old angel from Georgia in my arms. After this many men including myself took up a serious defensive position. The numerous award winning documentaries on J6 prove that we were NOT the aggressors, but responded as brave American men do to oppression & violence: we stood our ground & defended those around us. Nearly 4 years I have traded tears and prayers with my brothers in the Gulag, getting to know each and every man & see his Godly character - I can unequivocally say this crop of patriots & Christians are the BEST AMERICANS WE HAVE: they are bold and brave, kind and concerned fathers & husbands, leaders and lovers of God and Country. Unbreakable, indomitable, unrelenting 1776 patriots who would die to defend our Constitution without moments hesitation. Humble hard workers, military veterans & school teachers. Bus drivers, doctors, Olympic athletes, NFL players, Broadway stars and missionary servants of the Lord. Carpenters, plumbers, roofers, electricians, fathers, husbands: Man amongst men. This outrageous stain on American history, similar to the Japanese internment camps in World War II, has gone on long enough. Its time to set free the captives, and break the shackles of two tiered justice. Its time to release, pardon & fully expunge / erase the records of every single January 6 Hostage. Point blank period. History calls us to this moment of National Reconciliation, the American people have all but lost their faith in the judicial system watching Trump & the J6 witch hunt continue for 4 long years. We need to restore belief & trust in American jurisprudence. The immediate release of the Jan 6ers is where we start this battle to revive our degenerated institutions that used to be sacred. We are trusting the new MAGA Attorney General will also put an end to the Weaponized DOJ and immediately HALT all new J6 investigations & arrests, and DISMISS all current pending cases. How many J6 grandmothers need to be ripped out of their homes at gunpoint by a tyrannical FBI GESTAPO squadron and railroaded into federal prisons before we STOP THIS MADNESS!?! My conscious is clear before the Savior of man: that just as blanket pardons were issued after the Civil War to restore national unity, we too should be looking at this national healing moment with reverence & earnest expectations! President Trump will not let us down, we stand behind you Mr. President! NOT A SINGLE J6ER WAS GIVEN A FAIR TRIAL!!! J6Pardons.com to sign the official J6 Day One Freedom Petition #MAGA #FULLPARDONS #BREAKEVERYCHAIN #FREEATLAST #JANUARY20TH #INAUGURATION #LIBERATIONDAY https://x.com/JakeLangJ6/status/1859657832951632228?t=Ba2gzLPyrEytXhVvOHtSLw&s=09
    0 Commenti 0 condivisioni 798 Views
  • UKRAINE IS NOT A COUNTRY. IT WAS CREATED BY TH E DEEP STATE TO HIDE THEIR EVIL INTENTIONS FOR DESTROYING THE WORLD...
    I’m hoping Trump is dealing with Putin behind the scenes, not to undermine America but to stop any further conflict from escalating.
    UKRAINE IS NOT A COUNTRY. IT WAS CREATED BY TH E DEEP STATE TO HIDE THEIR EVIL INTENTIONS FOR DESTROYING THE WORLD... I’m hoping Trump is dealing with Putin behind the scenes, not to undermine America but to stop any further conflict from escalating.
    Like
    2
    0 Commenti 0 condivisioni 333 Views 4
  • "THE RAT" WANTS A NEW ID AND TO RUN WHILE LEAVING HIS FAMILY BEHIND... I BET NOBODY WANTS HIM...
    "THE RAT" WANTS A NEW ID AND TO RUN WHILE LEAVING HIS FAMILY BEHIND... I BET NOBODY WANTS HIM...
    0 Commenti 0 condivisioni 59 Views 2
  • It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance!

    The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR......

    Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it!

    Well folks.... that time is OVER!
    It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes!

    The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation!

    A criminal corporation that has enslaved YOU!

    They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got!

    Every last one of them belong in prison or worse!
    I've just about had enough of their criminal behavior myself!

    https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html
    It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance! The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR...... Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it! Well folks.... that time is OVER! It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes! The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation! A criminal corporation that has enslaved YOU! They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got! Every last one of them belong in prison or worse! I've just about had enough of their criminal behavior myself! https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html
    0 Commenti 0 condivisioni 432 Views
  • Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims!

    And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans!


    I have been telling people this for YEARS!

    I install replacement windows for a living.....
    My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work!

    I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work.....

    I simply install windows, and MUST HAVE liability insurance!

    Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above!

    They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis

    Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have
    MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance?

    You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY???

    I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent..

    THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT!
    And that would make their premiums go up...

    And when it has happened several times
    (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again!

    This is something that MUST HAPPEN!
    We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE!

    And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS!

    If they turn them off it should be an automatic 25 years in prison!

    The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay

    THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS!

    Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever!

    STOP enabling criminal behavior by Police!
    STOP enabling criminals to walk free among us!

    DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE!

    Because if you should fail to do this....
    Your children and grandchildren will live as #Slaves and under #Tyranny

    https://www.minds.com/newsfeed/1651406135372025867
    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans! I have been telling people this for YEARS! I install replacement windows for a living..... My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work! I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work..... I simply install windows, and MUST HAVE liability insurance! Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above! They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance? You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY??? I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent.. THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT! And that would make their premiums go up... And when it has happened several times (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again! This is something that MUST HAPPEN! We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE! And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS! If they turn them off it should be an automatic 25 years in prison! The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS! Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever! STOP enabling criminal behavior by Police! STOP enabling criminals to walk free among us! DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE! Because if you should fail to do this.... Your children and grandchildren will live as #Slaves and under #Tyranny https://www.minds.com/newsfeed/1651406135372025867
    WWW.MINDS.COM
    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 an... | Minds
    ...nce policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 and 18 U.S.C. ...
    0 Commenti 0 condivisioni 730 Views
  • 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!!!
    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!!!
    0 Commenti 0 condivisioni 320 Views
  • Hiding Behind the BAR
    Why Attorneys are not Lawyers

    Feudal Tenancy

    If you think you are a landowner in America, take a close look at the warranty deed or fee title to your land. You will almost always find the words "tenant" or "tenancy." The title or deed document establishing your right as a tenant, not that of a landowner, has been prepared for transfer by a licensed BAR Attorney, just as it was carried out within the original English feudal system we presumed we had escaped from in 1776.

    A human being is the tenant to a feudal superior. A feudal tenant is a legal person who pays rent or services of some sort for the use and occupation of another's land. The land has been conveyed to the tenant's use, but the actual ownership remains with the superior. If a common person does not own what he thought was his land (he's legally defined as a "feudal tenant," not the superior owner), then a superior person owns the land and the feudal tenant - person pays him to occupy the land.

    This is the hidden Feudal Law in America. When a person (a.k.a. human being, corporation, natural person, partnership, association, organization, etc.) pays taxes to the tax assessor of the civil county or city government (also a person), it is a payment to the superior land owner for the right to be a tenant and to occupy the land belonging to the superior. If this were not so, then how could a local government sell the house and land of a person for not rendering his services (taxes)?

    We used to think that there was no possible way feudal law could be exercised in America, but the facts have proven otherwise. It's no wonder they hid the definition of a human being behind the definition of a man. The next time you enter into an agreement or contract with another person (legal entity), look for the keywords person, individual, and natural person describing who you are.

    Are you the entity the other person claims you are? When you "appear" before their jurisdiction and courts, you have agreed that you are a legal person unless you show them otherwise. You will have to deny that you are the person and state who you really are. Is the flesh and blood standing there in that courtroom a person by their legal definition?

    https://educate-yourself.org/cn/attorneysarenotlawyers13mar05.shtml
    Hiding Behind the BAR Why Attorneys are not Lawyers Feudal Tenancy If you think you are a landowner in America, take a close look at the warranty deed or fee title to your land. You will almost always find the words "tenant" or "tenancy." The title or deed document establishing your right as a tenant, not that of a landowner, has been prepared for transfer by a licensed BAR Attorney, just as it was carried out within the original English feudal system we presumed we had escaped from in 1776. A human being is the tenant to a feudal superior. A feudal tenant is a legal person who pays rent or services of some sort for the use and occupation of another's land. The land has been conveyed to the tenant's use, but the actual ownership remains with the superior. If a common person does not own what he thought was his land (he's legally defined as a "feudal tenant," not the superior owner), then a superior person owns the land and the feudal tenant - person pays him to occupy the land. This is the hidden Feudal Law in America. When a person (a.k.a. human being, corporation, natural person, partnership, association, organization, etc.) pays taxes to the tax assessor of the civil county or city government (also a person), it is a payment to the superior land owner for the right to be a tenant and to occupy the land belonging to the superior. If this were not so, then how could a local government sell the house and land of a person for not rendering his services (taxes)? We used to think that there was no possible way feudal law could be exercised in America, but the facts have proven otherwise. It's no wonder they hid the definition of a human being behind the definition of a man. The next time you enter into an agreement or contract with another person (legal entity), look for the keywords person, individual, and natural person describing who you are. Are you the entity the other person claims you are? When you "appear" before their jurisdiction and courts, you have agreed that you are a legal person unless you show them otherwise. You will have to deny that you are the person and state who you really are. Is the flesh and blood standing there in that courtroom a person by their legal definition? https://educate-yourself.org/cn/attorneysarenotlawyers13mar05.shtml
    Hiding Behind the BAR: Why Attorneys are not Lawyers
    March 13, 2005. In the U.S., they're collectively called everything from "attorney" to "lawyer" to "counselor." Are these terms truly equivalent, or has the identity of one been mistaken for another? What exactly is a "Licensed BAR Attorney?" This credential accompanies every legal paper produced by attorneys - along with a State Bar License number. As we are about to show you, an ‘attorney’ is not a ‘lawyer,’ yet the average American improperly interchanges these words as if they represent the same occupation, and the average American attorney unduly accepts the honor to be called "lawyer" when he is not.
    0 Commenti 0 condivisioni 606 Views

  • 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

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    Subscribe to my substack at https://lnkd.in/gmmzUVBy
    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
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    Occam’s Razor
    Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Posted on November 18, 2024 by Barry Zalma See the full video at https://rumble.com/v5po3z8-occams-razor.
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