Falsely Claiming to Be an Insurer Can be Criminal To Sue for Business Disparagement Evidence is Required Post 4951, Posted on December 17, 2024 by Barry Zalma Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. See the full video at and at Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation. BACKGROUND This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation. The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not. OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering. DISCUSSION Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case. Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim. Business Disparagement The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure. The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases. Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above. ZALMA OPINION Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action. The State of Utah Department of Insurance should consider this case. (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

I am Thankful Thanksgiving Wishes from the Zalma Family Post 4938 Posted on November 27, 2024 by Barry Zalma See the full video at and at hope, on this Thanksgiving weekend, that you can join my family and me remembering that it is more important to think about our blessings and those things that we have to be thankful for than to get in line for “Black Friday” to buy an inexpensive flat screen t.v. or tablet. Enjoy the holiday and your family as I will. My family and I have much to be thankful for this year. My first born daughter, Stephanie Zalma, continues to care for my wife 24 hours a day 7 days a week with love and patience as Thea continues as Nana to our two grandchildren and the loving mother of our three children. After receiving a new Aortic Heart Valve I am personally in good health, walking about 25 miles a week. Exercising my, apparently unusual, mode of retirement, I work only six to eight hours a day doing what I love the most, writing about insurance, insurance claims, insurance law and acting as an insurance claims consultant and expert witness. To me, I am thankful for you, my friends, clients and readers of “Zalma’s Insurance Fraud Letter,” my blog “Zalma on Insurance,” and my books and other writing including the third Edition of the ten volumes of my treatise, “Zalma on Insurance Claims” and the Fourteenth Edition of “Property Investigation Checklists.” As a first generation American I am honored to join with all Americans the ability to celebrate Thanksgiving that started when the United States was a dream and just a colony of Great Britain, to give thanks for the good things in life at least once a year. It took Abraham Lincoln, our greatest President to make it an official holiday. The Thanksgiving holiday gives me and my family the opportunity to consider the blessings we have received and to thank all who have made it possible. Please allow me this opportunity to explain to you all the things I, and my family, can continue to give thanks for: 1. I have loved my wife of almost 57 years since we first met when she was nine and I was twelve. 2. I am thankful that she still loves me and lets me make clear every day that I love her more now than I did when she ignored me when I was 12. 3. My three adult children who are successes in their own right. 4. That my three children who put up with my wife and I, and are healthy, successful, and mostly happy in what they do. 5. My almost eight-year-old granddaughter and my 22 year-old grandson live nearby, my grandson is now a successful college graduate from Puget Sound University in Washington state and working full time in I.T. 6. My clients who, for the more than 57 years have allowed me to earn a living doing what I love. I practiced law until I let my license go inactive, acting as a consultant, testifying as an expert witness and writing materials to help others provide excellence in claims services as members of the insurance profession. 7. My publishers the American Bar Association, Full Court Press, Fastcase.com, Thomson Reuters and Amazon.com. 8. My dearly departed parents and grandparents for having the good sense to leave the Ottoman Empire at the beginning of the 20th Century so we could avoid the Holocaust and I could be born American. 9. My country for giving me a place to live and work in peace and complain about it without fear. 10. The state of California, where I was born, and have lived for 82 years, for allowing me to have my home and grow my family, and the ability to pay California’s high taxes for the privilege. 11. Those of you who read what I write and gain something from it. 12. Eighty two years of mostly good health, but for a small heart attack,clogged arteries, a failed Aortic heart valve, ant the surgeons that gave me the ability to continue to work – albeit at a reduced rate. 13. Allowing me the health and ambition to avoid my cardiologist by walking every day and working on my garden and bonsai with one of my Chinese Elms in a pot for more than 49 years. 14. The hundreds of friends I have never met but with whom the Internet has allowed me to communicate in parts of the world I have never visited. 15. The wonder of the Internet that allows me to publish E-books, ZIFL and my blog instantly on line. 16. That my family can get together to express our thanks for each other and our happiness this year again without a need for anything but enjoying each other’s company and some good food. 17. That most of you who I know only by my publications can also gather with your families to express your thanks. When I enlisted in the U.S. Army in 1964, I volunteered ostensibly to avoid the draft and volunteered to serve anywhere in the world. Fortunately, the Army made assignments in alphabetical order and I was sent by the U.S. Army Intelligence Corps to Peoria, Illinois where I became a Special Agent in Charge of an office investigating people who sought security clearances. I was trained to be an investigator and enjoyed every minute of the job. Until the Army I had never seen a river without a concrete bottom only to see the mighty Mississippi as my first real river. I had never seen snow other than in the distance on mountains only to find myself shoveling the snow off the driveway in the small half-of-a-house I rented from an old couple who could not do it themselves. My investigative assignments required me to travel throughout Central Illinois from the Iowa to the Indiana borders. I stopped at court houses along the way, all of which had signs that Abraham Lincoln practiced law there. Those experiences with the courts, law enforcement officers, and court personnel probably gave me the incentive to become a lawyer. When I finished my three year enlistment I returned home, proposed marriage to the love of my life, who fortunately for me, accepted. I began the study of law at night and found my first real job where I could use the skills I learned in the Army. I was hired as a claims trainee at the Fireman’s Fund American Insurance Company who spent the time to train me to be a claims adjuster. The training was, unlike modern insurers, thorough. I was required to read a treatise on insurance and insurance claims handling. I was sent out with experienced adjusters in all types of insurance Fireman’s Fund wrote to learn as they adjusted claims, and eventually allowed to deal with the public under close supervision. Contrary to the requirements of the insurance industry at the time, Fireman’s Fund allowed me to study law at night while I worked as a full-time insurance adjuster. I was fortunate enough to work for a claims manager – Coleman T. Mobley – who did not require me to go out of state to adjust major storm claims if it interfered with my law school studies. Since I was in law school 50 weeks a year the only catastrophe storm duty I was required to work was a fire storm that burned from the San Fernando Valley to the ocean at Malibu. Because of Mr. Mobley and the Fireman’s Fund I was able to complete my studies and pass the California Bar in 1971 and be admitted to the California Bar on January 2, 1972. I took a cut in pay to get my first job as an Associate Attorney with a law firm that was willing to teach me to be a lawyer handling every kind of problem a new lawyer could face from wills, tort claims, divorce, drunk driving, trials, depositions, and dozens of orders to show cause in multiple courts around the Inland Empire of California. By doing so, when I started practicing law in 1972, I became a lawyer who could deal with any issue brought to me. I was fortunate enough to be able to move to an insurance law firm in Century City where I was assigned to a coverage lawyer who was trying to deal with over 500 active matters and, who, when I arrived, assigned 250 of the matters to me and pointed me to the firm’s library to learn what to do. At the time new technology was an IBM Selectric typewriter that could erase errors from the keyboard without the need to use white-out paint. I did legal research in the firm’s large library which, when it was inadequate for the task, I drove to the County Law Library in downtown Los Angeles to adequately research legal questions . Research in a large library took days to find support for an issue. I needed three professional legal secretaries to keep up with my dictation. Now, using modern technology, I can do the same legal research in 30 minutes on Fastcase.com, need no secretary, and can operate my consulting, writing, training and publishing businesses with no employees. In 1979 I decided it was time to be my own boss. I started a law firm called Barry Zalma, Inc. with a secretary who came from my last firm and brought an IBM Selectric typewriter with her into a small windowless office. I had obtained a line of credit from a bank that I hoped would carry us until the practice started since the only case I was sure of when I moved into my new office, was my sister’s rear-ender from which I could not, and did not, take a fee. The office was furnished with a file cabinet from my father-in-law’s dental practice and a dining room table from my wife’s grandmother who had passed away. I received my first call at 8:10 a.m. on the first day, October 1, 1979, from Alan Worboys, a claims person speaking for Certain Underwriters at Lloyd’s, London and my practice began. Alan became, and still is, a long time friend. I had nothing to do on October 3, 1979 so I wrote an article for publication. After that, I had no peace and the firm quickly grew to 9 lawyers and a staff to serve them all defending people who were insured and acting as coverage counsel for insurers who needed advice and counsel concerning interpretation of insurance contracts and how to deal with attempted fraud. I, and the lawyers who joined the firm also provided defense to insureds of our clients and defense of suits against the insurers for tort, including the tort of bad faith. I was more successful than I ever expected. I, whose experience was limited to Los Angeles County and Central Illinois, found a need to travel to Taipei, Taiwan and London, England on behalf of my clients. I worked, as I had learned from my father who survived the Depression, 16 hours a day, six or seven days a week. When I became 75 years old my firm had been reduced back to a sole practice and I decided it was time to stop practicing law and become a consultant and fulfill my childhood dream to be an author. I am a very lucky and happy man. I do work that I love. I fulfilled my childhood dreams. I Live in a home I have owned for more than 49 years that my wife and I adapted and increased as children were born to meet our needs. I have the love of my life with me and look forward to celebrating our 57th wedding anniversary next month. I am honored that my eldest daughter has come back to live with us and care for my wife and I who are not able to do everything we used to do. I have three wonderful children, two grandchildren and all live close. My son, and his business shares my office building and has time to visit with me as allowed by his busy schedule. (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 This is a long article so go to https://www.linkedin.com/pulse/i-am-thankful-barry-zalma-esq-cfe-bzysc, to read the full article.

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Folks ya never know what the next day will bring...First thing this morning, found out one of my clients found a buyer for ALL of the factory items...which, if they decide to keep my services, nothing will change for me (even if it does, that's perfectly okay)...I am absolutely thrilled for them!!!! It's also exciting to think what a small change like this can bring in the long run. Stay positive! 🥰

*Elon Musk* recently exposed that *George Soros* is attempting to purchase 200 U.S. radio stations right before the election. This is controversial due to *Federal Communications Commission (FCC)* fast-tracking the process, allowing Soros to bypass lengthy reviews. *FCC Commissioner Brendan Carr* criticized the move, calling it a blatant attempt to control local media and push **left-wing propaganda**. - *Kamala Harris’* Arizona campaign office was reportedly shot at, but there were no injuries. Although the shooting didn’t appear to be an assassination attempt, it highlights growing political tensions. In contrast, Harris has faced criticism from *President Biden**, who admitted she has been handling major decisions, from **foreign policy* to *domestic policy**, implying that Harris is responsible for issues like the **border crisis* and rising **gas prices**. - Rumors about *Donald Trump* canceling a meeting with *Ukrainian President Zelensky* have emerged after Zelensky criticized Trump’s handling of the war. Trump retaliated by accusing Zelensky of refusing to strike a deal, implying that U.S. funding may dwindle if Zelensky continues alienating him. *Trump* has also promised to implement a 100% tariff on *Mexican car imports* to create more jobs for Americans, further emphasizing his *pro-America* stance. - *House Speaker Mike Johnson* and *Majority Leader Chuck Schumer* passed a three-month government funding bill under pressure from an upcoming hurricane in Florida. This temporary measure will keep the government running until after the election, giving *Republicans* leverage if they win. - *Tax Network USA* is offering help to those who owe back taxes as the *IRS* has increased its enforcement efforts in 2024. With over 5 million letters sent to taxpayers with unpaid debts, it’s crucial to seek professional assistance. *Tax Network USA* has saved clients over $1 billion and offers free consultations. - *Thomas Massie**, a **Libertarian-leaning Republican**, questioned the **Inspector General* on the *January 6th Capitol breach* and revealed that the *FBI* was deeply involved. This information has allegedly been suppressed to damage *Trump’s reputation* before the election. - In international news, *Israel* has expanded its military operations into *Lebanon* amid escalating tensions with **Hezbollah**. **John Kirby**, the **White House National Security Spokesman**, reaffirmed the U.S. support for Israel, citing threats from Iran as a legitimate concern. - As *Zelensky* seeks more funding from *President Biden* to support **Ukraine**, Russian forces have made significant gains in **eastern Ukraine**, particularly around the town of **Vuhledar**, putting Zelensky in a tough position to request further aid from the U.S. https://www.youtube.com/watch?v=mFuIBugZkxw

In this video, we dive deep into how childhood experiences impact our adult relationships. Whether it's attachment styles, emotional responses, or how we handle conflict, the roots often trace back to our formative years. Join us as we explore key insights into recognizing these patterns and healing from past wounds to build healthier connections in the present. 🔑 Topics covered: - Childhood attachment and its influence on relationships - Recognizing emotional triggers from the past - Practical steps to heal and move forward - How therapy can support this journey - Let’s embark on the path of healing and growth together What is Marble Wellness? Marble Wellness is a mental health therapy practice serving the Greater St. Louis area including, West County, Kirkwood, University City, Ladue, Clayton, Frontenac, O'Fallon, Wentzville, and Lake St. Louis. Our skilled therapists can also provide online therapy in Missouri for clients all over the state. https://www.youtube.com/watch?v=K6_XDCnxzzc

Threat of WWIII is NOT Fear Porn – Steve Quayle https://rumble.com/v5evt5x-threat-of-wwiii-is-not-fear-porn-steve-quayle.html Renowned radio host, filmmaker, book author and archeological dig expert Steve Quayle is sounding the alarm on the increasing possibility of nuclear war between NATO and Russia. Quayle says, “The threat of nuclear war is not fear porn–it’s real.” Quayle is not alone because for the second year in a row, the Bulletin of the Atomic Scientists says, “A moment of historic danger: It is still 90 seconds to midnight. 2024 Doomsday Clock Statement.” Today’s escalation is caused by the fact that NATO is contemplating allowing Ukraine to fire long range missiles deep into Russia. Now, breaking news that the Biden Administration did give the go ahead to fire long range missiles into Russia from Ukraine. There is also this breaking headline from the Asian Times: “Biden, NATO effectively declaring war on Russia.” Quayle warns, “This is not a trial run, the Bay of Pigs or the Cuban missile crisis. This is World War III. . . .We are seeing people crazy or people demonically possessed, in my opinion, talking about launching western missiles, German, British or US missiles into Russia. The Russian Ambassador to the UN said on Friday (9/13/24), ‘If you do that, we will consider it an act of war against Russia, and all options are open to us, and none of your countries are safe.’ That’s the bottom line. All these years you warn ahead of time, and they mock you saying fear monger and fear porn. . . . Well, we are at the inception point for World War III. This will not be getting any better.” There have been nearly zero talks of peace in Ukraine, only requests for more weapons and more escalation with Russia. So, NATO is clearly wanting to start a world war. It’s not just Russia we will be fighting, but China, North Korea and Iran, too. Quayle says, “This is what is so pertinent about this show because, this weekend, everybody (NATO) is talking about giving President Zelensky (Ukraine) the okay to launch against Moscow, which will result in the thermal nuclear detonation of over 100 targets in the United States and another 100 targets plus in Europe. NATO Headquarters will be toast. D.C. will be toast. . . . The Bible has made this clear if God did not shorten the days for the elect, that’s the people who have accepted Jesus as Lord and Savior, there would be no flesh left alive. So, as we sit here podcasting, 250 million Americans are at risk.” Even if nuclear war does not break out and the world gets a reprieve for a while, the financial system will not be fixed. JPMorgan CEO Jamie Dimon is warning of something coming that is “worse than recession.” In simple terms, Quayle says, “Dimon is warning because the banks are in deep doo-doo. Last week, you may remember billionaire Warren Buffett started dumping Bank of America stock. . . . I am told that Buffett dumped, all told, up around $50 billion in BofA stock. . . . When Buffett does some like this, people notice and they followed suit. The banking stocks are in deadly peril. I have been in the precious metals business for 35 years, and we are now watching clients being blocked for sending wire transfers. I am talking about the biggest 5 or 6 banks because they are running short on cash. . . . At some point, they will cut off all credit cards. I don’t know when that will be, but eventually, they will be stopped. This is what my sources tell me is going to happen. The ‘when’ is up to God.”

Remember when Ghislaine Maxwell and Jeffrey Epstein were arrested for sex trafficking minor children? And nobody from their client list was arrested? Now we know why - those clients are rich and powerful people in Hollywood, NYC, and DC & this movie “City of Dreams” exposes it...

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