• Appear for a Scheduled EUO or Lose

    Failure to Honor Conditions Precedent Voids Coverage in New York

    Post 4937

    Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear.

    In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm.

    The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”).

    FACTS

    The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute.

    FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT

    The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript.

    State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims.

    State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims.

    Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants.

    CONCLUSION

    State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry.

    ZALMA OPINION

    The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion.

    (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
    Appear for a Scheduled EUO or Lose Failure to Honor Conditions Precedent Voids Coverage in New York Post 4937 Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear. In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm. The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”). FACTS The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute. FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript. State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims. State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims. Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants. CONCLUSION State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry. ZALMA OPINION The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion. (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
    0 Комментарии 0 Поделились 603 Просмотры
  • https://rumble.com/v5qfdjw-the-q-documentary.html
    https://rumble.com/v5qfdjw-the-q-documentary.html
    Angry
    1
    1 Комментарии 0 Поделились 100 Просмотры
  • WE ALL KNOW, NOW, THAT THE ENTIRE "BIG pHARMa/MEDICAL INDUSTRY, HAS CONSPIRED WITH OUR MILITARY ELITES, TO ENGAGE IN DEVELOPING, AND DEPLOYING BIOLOGICAL WARFARE RESEARCH, AND, ACTIVE;LY DEPLOY THEIR WEAPONS AGAINST THE PEOPLE OF THE WORLD, INTENTIONALLY TRYING TO, INDESCRIMINANTLY, KILL AS MANY INNOCENT PEOPLE, AS POSSIBLE, AS FAST AS POSSIBLE, IN A DEADLY "SOFT-KILL" OPERATION... RECENTLY STEPPING UP THIS "GAME OF DECIMATION, WITH THE "COVID19 PLANNEDEMIC"!!!! IMHO: ALL OF THE PEOPLE INVOLVED IN THESE CRIMES, MUST BE IDENTIFIED, FOUND, ARRESTED, AND EXECUTED!!! NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!!
    (DOCUMENTARY):
    Under Our Skin
    https://www.youtube.com/watch?v=2JgR_Jfbhv8
    WE ALL KNOW, NOW, THAT THE ENTIRE "BIG pHARMa/MEDICAL INDUSTRY, HAS CONSPIRED WITH OUR MILITARY ELITES, TO ENGAGE IN DEVELOPING, AND DEPLOYING BIOLOGICAL WARFARE RESEARCH, AND, ACTIVE;LY DEPLOY THEIR WEAPONS AGAINST THE PEOPLE OF THE WORLD, INTENTIONALLY TRYING TO, INDESCRIMINANTLY, KILL AS MANY INNOCENT PEOPLE, AS POSSIBLE, AS FAST AS POSSIBLE, IN A DEADLY "SOFT-KILL" OPERATION... RECENTLY STEPPING UP THIS "GAME OF DECIMATION, WITH THE "COVID19 PLANNEDEMIC"!!!! IMHO: ALL OF THE PEOPLE INVOLVED IN THESE CRIMES, MUST BE IDENTIFIED, FOUND, ARRESTED, AND EXECUTED!!! NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!! (DOCUMENTARY): Under Our Skin https://www.youtube.com/watch?v=2JgR_Jfbhv8
    Angry
    1
    0 Комментарии 0 Поделились 490 Просмотры
  • NEPHTALI1981: PEDOPHILE PSYOP SATANIST TRUMP HIJACKED!
    ANOTHER DOCUMENTARY!

    https://old.bitchute.com/video/xwI0BReRZsX4/
    NEPHTALI1981: PEDOPHILE PSYOP SATANIST TRUMP HIJACKED! ANOTHER DOCUMENTARY! https://old.bitchute.com/video/xwI0BReRZsX4/
    OLD.BITCHUTE.COM
    Nephtali1981: Pedophile Psyop Satanist Trump HIJACKED! Another Documentary!
    The Rise & Fall of Evangelical America! Trump previews ‘golden age’ for America in victory speech, 1950s TV episode featured con man named "Trump" who wanted to build a wall, Trump predicted in 1990's comic book, Trump predictive programming, CIA…
    0 Комментарии 0 Поделились 234 Просмотры
  • Absolutely it is!

    This is a fantastic documentary that could be 110% better if it's creators were aware of (Or did not hide) the FACT that the earth is an ENCLOSED SYSTEM, and is FLAT & STATIONARY! If you believe in what your bible tells you, I want you to open to PAGE 1, GENESIS 1, and read down to verse 10!

    YHWH "separated the waters from the waters."

    Genesis 6 And God said, Let there be a firmament in the midst of the waters, and let it divide the waters from the waters.

    Genesis 7 And God made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament: and it was so.

    There are several misleading parts within this documentary, like when the man claims that during creation "We now have a water ball in space."

    WHERE IS THAT IN THE TEXT???

    No folks, "space" does not exist, #NASA is a Satanic organization of deception, and the earth is FLAT and STATIONARY just like the bible tells you it is! COUNT THE NUMBER OF TIMES YOUR BIBLE SAYS "The earth shall not be moved"
    Go and count them!

    Count how many times your bible says the earth has "foundations."

    This documentary would be perfect if it told the TRUTH about our earth being a flat and stationary PLANE and the Sun, Moon, and stars are "Lights in the sky"
    (within the firmament) just like the bible tells us it is.

    I respect the creators of this documentary, they could just be brainwashed into believing in "Space" and all of that nonsense, just like the rest of us were! But I have found that Hollywood and "Science so-called" always uses deception in this area.

    There is no demonstrable "curvature" to the earth's surface. This ALONE proves without a shadow of a doubt that the earth is flat! Don't believe me? I challenge you to "Prove the #Globe" you believe in!

    That is what I tried to do, and is why now I know the TRUTH.... That there is no proof to the claim the earth is a sphere! It's all a Satanic LIE. It is likely "The great delusion" spoken of in your bible! Have a blessed day and READ YOUR BIBLE! Go check out Rob Skiba's "Testing the Globe" website, there is a lot of information there!

    Most importantly though...
    PRAISE YHWH and admire His perfect Creation!
    A living Testament to His greatness and power!

    Walk in His statutes and be humble!

    https://youtu.be/UM82qxxskZE
    Absolutely it is! This is a fantastic documentary that could be 110% better if it's creators were aware of (Or did not hide) the FACT that the earth is an ENCLOSED SYSTEM, and is FLAT & STATIONARY! If you believe in what your bible tells you, I want you to open to PAGE 1, GENESIS 1, and read down to verse 10! YHWH "separated the waters from the waters." Genesis 6 And God said, Let there be a firmament in the midst of the waters, and let it divide the waters from the waters. Genesis 7 And God made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament: and it was so. There are several misleading parts within this documentary, like when the man claims that during creation "We now have a water ball in space." WHERE IS THAT IN THE TEXT??? No folks, "space" does not exist, #NASA is a Satanic organization of deception, and the earth is FLAT and STATIONARY just like the bible tells you it is! COUNT THE NUMBER OF TIMES YOUR BIBLE SAYS "The earth shall not be moved" Go and count them! Count how many times your bible says the earth has "foundations." This documentary would be perfect if it told the TRUTH about our earth being a flat and stationary PLANE and the Sun, Moon, and stars are "Lights in the sky" (within the firmament) just like the bible tells us it is. I respect the creators of this documentary, they could just be brainwashed into believing in "Space" and all of that nonsense, just like the rest of us were! But I have found that Hollywood and "Science so-called" always uses deception in this area. There is no demonstrable "curvature" to the earth's surface. This ALONE proves without a shadow of a doubt that the earth is flat! Don't believe me? I challenge you to "Prove the #Globe" you believe in! That is what I tried to do, and is why now I know the TRUTH.... That there is no proof to the claim the earth is a sphere! It's all a Satanic LIE. It is likely "The great delusion" spoken of in your bible! Have a blessed day and READ YOUR BIBLE! Go check out Rob Skiba's "Testing the Globe" website, there is a lot of information there! Most importantly though... PRAISE YHWH and admire His perfect Creation! A living Testament to His greatness and power! Walk in His statutes and be humble! https://youtu.be/UM82qxxskZE
    0 Комментарии 0 Поделились 1Кб Просмотры
  • Matt Thayer - The Enemy Within, The [DS] Is Not A Conspiracy They Do Exist
    https://www.bitchute.com/video/QGc9lQ83FMvE/?list=notifications&randomize=false
    Matt Thayer is a filmmaker they he created Speropictures in his basement. The conversation begins with Matt talking about his new documentary,The Enemy Within. He decided to make the film because Patrick Byrne story of working with the [DS] is fascinating. The documentary is a docudrama which incorporates actors to tell the story. Patrick’s story involves a Russia woman, agents from the government and missions they sent him on. He did not document anything because he has a photographic memory. Matt verified the letter and other stories but everything couldn’t be verified. The documentary is divided into three parts.
    Matt Thayer - The Enemy Within, The [DS] Is Not A Conspiracy They Do Exist https://www.bitchute.com/video/QGc9lQ83FMvE/?list=notifications&randomize=false Matt Thayer is a filmmaker they he created Speropictures in his basement. The conversation begins with Matt talking about his new documentary,The Enemy Within. He decided to make the film because Patrick Byrne story of working with the [DS] is fascinating. The documentary is a docudrama which incorporates actors to tell the story. Patrick’s story involves a Russia woman, agents from the government and missions they sent him on. He did not document anything because he has a photographic memory. Matt verified the letter and other stories but everything couldn’t be verified. The documentary is divided into three parts.
    WWW.BITCHUTE.COM
    Matt Thayer - The Enemy Within, The [DS] Is Not A Conspiracy They Do Exist
    This private link and special discount expire at midnight tonight: http://www.trycono.com/X22 Experience daily pain relief with Conolidine – you have nothing to lose but your pain. Today’s Guest: Matt Thayer The Enemy Within Website: https://speropictures.com Protect Your Retirement W/ A Gold. IRA http://x22gold.com or call 877-646-5347 Noble Gold is Who I Trust ^^^ Disclaimer: (there's always a risk of investment and there's no guarantee of any kind) Matt Thayer is a filmmaker they he created Speropictures in his basement. The conversation begins with Matt talking about his new documentary,The Enemy Within. He decided to make the film because Patrick Byrne story of working with the [DS] is fascinating. The documentary is a docudrama which incorporates actors to tell the story. Patrick’s story involves a Russia woman, agents from the government and missions they sent him on. He did not document anything because he has a photographic memory. Matt verified the letter and other stories but everything couldn’t be verified. The documentary is divided into three parts. All source links to the report can be found on the x22report.com site. Most of artwork that are included with these videos have been created by X22 Report and they are used as a representation of the subject matter. The representative artwork included with these videos shall not be construed as the actual events that are taking place. Intro Video Music: YouTube Free Music: Cataclysmic Molten Core by Jingle Punks Intro Music: YouTube Free Music: Warrior Strife by Jingle Punks Fair Use Notice: This video contains some copyrighted material whose use has not been authorized by the copyright owners. We believe that this not-for-profit, educational, and/or criticism or commentary use on the Web constitutes a fair use of the copyrighted material (as provided for in section 107 of the US Copyright Law. If you wish to use this copyrighted material for purposes that go beyond fair use, you must obtain permission from the copyright owner. Fair Use notwithstanding we will immediately comply with any copyright owner who wants their material removed or modified, wants us to link to their web site, or wants us to add their photo. The X22 Report is "one man's opinion". Anything that is said on the report is either opinion, criticism, information or commentary, If making any type of investment or legal decision it would be wise to contact or consult a professional before making that decision. Use the information found in these videos as a starting point for conducting your own research and conduct your own due diligence before making any significant investing decisions.
    0 Комментарии 0 Поделились 408 Просмотры
  • Trailer for new Documentary "All the President's Men" on Tucker Carlson Network
    What price would you pay to serve your country? Would you sacrifice your career? Your reputation? Even your own freedom? Those who served in Donald Trump’s first administration were forced to face these questions in a very real way. Many paid a terrible price. It’s time to tell their stories.
    Unfortunately, you have to join Tucker's network to watch this blockbuster. More information BELOW.
    https://tuckercarlson.com/all-the-presidents-men
    Trailer for new Documentary "All the President's Men" on Tucker Carlson Network What price would you pay to serve your country? Would you sacrifice your career? Your reputation? Even your own freedom? Those who served in Donald Trump’s first administration were forced to face these questions in a very real way. Many paid a terrible price. It’s time to tell their stories. Unfortunately, you have to join Tucker's network to watch this blockbuster. More information BELOW. https://tuckercarlson.com/all-the-presidents-men
    0 Комментарии 1 Поделились 439 Просмотры 0
  • https://t.me/davidavocadowolfe/144289
    New documentary. Never forget what this little nerd did to millions. The Sinister Dr. Fauci must be held accountable. (30 seconds) The documentary “Thank You Dr. Fauci” premiered yesterday in New York. TYDFMovie.com
    https://t.me/davidavocadowolfe/144289 New documentary. Never forget what this little nerd did to millions. The Sinister Dr. Fauci must be held accountable. (30 seconds) The documentary “Thank You Dr. Fauci” premiered yesterday in New York. TYDFMovie.com
    0 Комментарии 0 Поделились 329 Просмотры 0
  • Michael Shellenberger: The media say Trump lied when he told Joe Rogan that industrial wind turbines are killing whales, but he didn't. In fact, it's worse than Trump said. If the wind industry continues with its boats, noise, and vibrations, it will make the North Atlantic right whale extinct. This isn't a matter of opinion. This is the conclusion of the world's leading whale researchers and what the boat tracking data and sonar data both show. (1 minute)

    The evidence is in this documentary, "Thrown To the Wind," below, with all supporting data and research here: https://saverightwhales.org/media
    https://t.me/davidavocadowolfe/144171
    Michael Shellenberger: The media say Trump lied when he told Joe Rogan that industrial wind turbines are killing whales, but he didn't. In fact, it's worse than Trump said. If the wind industry continues with its boats, noise, and vibrations, it will make the North Atlantic right whale extinct. This isn't a matter of opinion. This is the conclusion of the world's leading whale researchers and what the boat tracking data and sonar data both show. (1 minute) The evidence is in this documentary, "Thrown To the Wind," below, with all supporting data and research here: https://saverightwhales.org/media https://t.me/davidavocadowolfe/144171
    Like
    1
    1 Комментарии 0 Поделились 429 Просмотры 0
  • GOLD!!! WATCH & SHARE!! - NEW! AM I A RACIST? -
    FULL DOCUMENTARY - MATT WALSH

    You know, Matt Walsh is just another version of "Bread and Circuses"

    And while he's right about most of what he talks about
    ( that it's INSANE )

    He also talks about sentencing people to DEATH for the non-crime of drug possession! If you harm nobody but YOURSELF, that's not a crime!

    So he's a touch insane himself!
    As far as these #Marxist scumbags go, they are a disease in need of a cure

    ALL funded and enabled by the #Jews...
    Just like in Germany

    https://old.bitchute.com/video/2cVv6YlmEKcY/
    GOLD!!! WATCH & SHARE!! - NEW! AM I A RACIST? - FULL DOCUMENTARY - MATT WALSH You know, Matt Walsh is just another version of "Bread and Circuses" And while he's right about most of what he talks about ( that it's INSANE ) He also talks about sentencing people to DEATH for the non-crime of drug possession! If you harm nobody but YOURSELF, that's not a crime! So he's a touch insane himself! As far as these #Marxist scumbags go, they are a disease in need of a cure ALL funded and enabled by the #Jews... Just like in Germany https://old.bitchute.com/video/2cVv6YlmEKcY/
    OLD.BITCHUTE.COM
    GOLD!!! WATCH & SHARE!! - NEW! Am I a racist? - Full Documentary - Matt Walsh
    ⚠️ RARE! George Carlin BUSTED! - LOOK! - https://old.bitchute.com/video/ohU61Ftxl5k8/ ⚠️It's a BIG club and you and I ain't in it - https://old.bitchute.com/video/889qzC2vzyLv/ ⚠️Who am I voting for? - https://old.bitchute.com/video/cv2Boz4icl…
    0 Комментарии 0 Поделились 579 Просмотры
Расширенные страницы
Спонсоры

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here