Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract Waiver of Subrogation Applies in Marine Insurance Policy Post 4938 Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog. Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy. In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes. BACKGROUND The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized. Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims. THE TIME CHARTER Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood. THE POLICY The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured. THE MASTER SERVICES CONTRACTS. Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims. ANALYSIS Fieldwood’s Motion Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood. U.S. Specialty Waived Its Rights of Subrogation The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood. Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention. The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation. Fieldwood’s motion for partial summary judgment was GRANTED. ZALMA OPINION Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver. (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

HEY BIDEN F"K AROUND AND FIND OUT... Footage from last night’s Russian Ballistic Missile Attack on the City of Dnipro, shows that the Multiple Independently Targetable Reentry-Vehicle (MIRV) used, equipped to either an Intermediate-Range or Intercontinental Ballistic Missile, contained at least 6 Conventionally-Armed Warheads.

By the looks of it, Putin whipped out a new Russian ICBM that NATO defense systems cannot intercept, but did NOT attach nuclear payloads to them. Essentially, Putin just showed the West that he has the ability to destroy them if they keep provoking him. It was a warning. Putin just exercised extreme restraint, while also showing Ukraine/NATO that they are outgunned. This should be front page news on every outlet, but for some reason, it’s not. Perhaps it’s because this situation does not fit their narrative that Putin is this Hitler-esque loose-cannon who wants to conquer the world. Putin is showing restraint. He wants diplomacy, not nuclear war. But the West continue to poke the bear.

HOW CAN THE SUN POSSIBLY ILLUMINATE THE BOTTOMS OF CLOUDS ON THE FLAT EARTH MODEL? (2017 - ROB SKIBA https://old.bitchute.com/video/v5pyGySoJimU/

The Final Experiment Talk 2 David Weiss ¦ Joe Hanvey ¦ Psychedelicizationism #VikkaDraziv CLIP I'm with Dave, if they do happen to see a 24 hour sun in #Antarctica it's because they FAKED IT, and regardless, it has NOTHING to do with the shape of the earth! This entire "Final Experiment" thing sounds like some sort of scam to me! How about just tell the f*cking #Military to stand down, and let FREE MEN & WOMEN explore our Earth freely, like it should be??? WHY should we allow them to box us into some BS "experiment"??? THERE IS NOT A MAN ALIVE WHO HAS MORE RIGHTS TO THIS EARTH THAN I HAVE! PERIOD! This earth belongs to us ALL! No man, or group of men, have a right to cordon off part of it and tell everyone else that they cannot explore it! ESPECIALLY people who supposedly "represent" us all! THEY WORK FOR US! When is the last time you allowed YOUR EMPLOYEE to tell you... "Sorry boss, I can't allow you to go into your own back room, I put men with guns back there too shoot you if you try" WHAT SENSE DOES THAT MAKE??? These are Luciferian psychopathic scumbags, hiding the #Truth of creation from you! https://youtu.be/14I9dJ2n9eY?feature=shared

BlueSky is openly allowing pedophiles to boast and post their pedophile content and fantasies. Get into the app stores and report this ASAP. They must be shut down. Jack Dorsey has a history of allowing this at Twitter. He needs to be charged & imprisoned for the rest of his unnatural life!

BlueSky is openly allowing pedophiles to boast and post their pedophile content and fantasies. Get into the app stores and report this ASAP. They must be shut down. Jack Dorsey has a history of allowing this at Twitter. He needs to be charged & imprisoned for the rest of his unnatural life!

Greetings! Here is today’s message from our friends at the ICR: https://members7.boardhost.com/SwordOfTruth/msg/1732233299.html

https://thewashingtonstandard.com/how-america-began-in-the-words-of-the-ones-who-began-it/

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