• Insurer Properly Sanctioned for Failure to Obey Court Order

    It is Never Proper to Fail to Comply With Court Order

    Post 4937

    Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order.

    In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions.

    FACTS

    In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage.

    Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000.

    Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order.

    Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment.

    Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022.

    On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories.

    TO ESTABLISH CONTEMPT

    Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature.

    The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt.

    Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it.

    The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection.

    Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order.

    ZALMA OPINION

    This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Insurer Properly Sanctioned for Failure to Obey Court Order It is Never Proper to Fail to Comply With Court Order Post 4937 Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions. FACTS In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage. Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000. Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order. Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment. Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022. On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories. TO ESTABLISH CONTEMPT Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature. The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt. Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it. The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection. Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order. ZALMA OPINION This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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  • https://newstarget.com/2024-10-03-government-threatens-citizens-arrest-rescuing-hurricane-helene-survivors.html Government officials threaten citizens with arrest for rescuing people in western North Carolina with their own private helicopters Many of the roads in western North Carolina and upstate South Carolina are so wrecked from Hurricane Helene that rescue crews are still unable to access the people who are trapped there, at least with wheels. However, the authorities do not want private citizens trying to rescue trapped folks with their own private helicopters, which begs the question why?

    A guy named Jordan Seidhom shared the story on social media of what he encountered while trying to rescue people with his private helicopter. Authorities told him to suspend all operations and let anyone else he knows with their own private helicopters to do the same, threatening arrest if they disobey the orders.
    https://newstarget.com/2024-10-03-government-threatens-citizens-arrest-rescuing-hurricane-helene-survivors.html Government officials threaten citizens with arrest for rescuing people in western North Carolina with their own private helicopters Many of the roads in western North Carolina and upstate South Carolina are so wrecked from Hurricane Helene that rescue crews are still unable to access the people who are trapped there, at least with wheels. However, the authorities do not want private citizens trying to rescue trapped folks with their own private helicopters, which begs the question why? A guy named Jordan Seidhom shared the story on social media of what he encountered while trying to rescue people with his private helicopter. Authorities told him to suspend all operations and let anyone else he knows with their own private helicopters to do the same, threatening arrest if they disobey the orders.
    NEWSTARGET.COM
    Government officials threaten citizens with arrest for rescuing people in western North Carolina with their own private helicopters
    Many of the roads in western North Carolina and upstate South Carolina are so wrecked from Hurricane Helene that rescue crews are still unable to access the people who are trapped there, at least with wheels. However, the authorities do not want private citizens trying to rescue trapped folks with their own private helicopters, which […]
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  • ..".OPEN BORDERS?"...NOT A PROBLEM?!!...
    => WHAT'S OUR "BORDER CZAR DOING?!...
    [...DON'T LET THE DOGS IN!!!....]
    Former Sinaloa Cartel Smuggler Reveals The Dangers Of Disobeying The Cartel
    https://www.youtube.com/shorts/QWz8o1CGubA
    ..".OPEN BORDERS?"...NOT A PROBLEM?!!... => WHAT'S OUR "BORDER CZAR DOING?!... [...DON'T LET THE DOGS IN!!!....] Former Sinaloa Cartel Smuggler Reveals The Dangers Of Disobeying The Cartel https://www.youtube.com/shorts/QWz8o1CGubA
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  • the deep state depends on you believing you need them. they tell you they are progressive but they are not. they tell you they are liberal but they are not. they tell you they are inclusive but they are not. they lie to you all the time to control you. they look down on you from their thrones and laugh at you behind closed doors. they plan to depopulate the planet so they can have more land and rule over its people. they don't like free speech or free thinkers. they don't like freedom or liberty for all. they don't like the republic or the constitution. they don't like anyone who might stand up to them and disobey. they create deadly diseases to reduce the population. they create race wars to cause hatred and control the narrative. they lie to control you. they want to create a slave state that is global and unstoppable. you have the power to stop them.
    make it happen.
    the deep state depends on you believing you need them. they tell you they are progressive but they are not. they tell you they are liberal but they are not. they tell you they are inclusive but they are not. they lie to you all the time to control you. they look down on you from their thrones and laugh at you behind closed doors. they plan to depopulate the planet so they can have more land and rule over its people. they don't like free speech or free thinkers. they don't like freedom or liberty for all. they don't like the republic or the constitution. they don't like anyone who might stand up to them and disobey. they create deadly diseases to reduce the population. they create race wars to cause hatred and control the narrative. they lie to control you. they want to create a slave state that is global and unstoppable. you have the power to stop them. make it happen.
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  • "GET OUTTA MY FACE" BAND DIRECTOR DISOBEYS COPS IN FRONT OF HS BAND

    There's a #Criminal element in America today....
    And that criminal element is called the #Police.
    These are costume wearing, heavily armed thugs with delusions of being GI Joe!

    They believe themselves to be your MASTER
    Despite their job title declaring them PUBLIC SERVANTS!

    These are people who believe that THEY have "more rights" than you do!
    Like in Animal Farm... "Some animals are more equal than others"

    The problem with these delusional psychopaths is that they are
    NEVER HELD ACCOUNTABLE for their #Crimes and #Misconduct under
    18 U.S.C. § 241 Conspiracy Against Rights AND
    18 U.S.C. § 242 Deprivation of Rights Under Color of Law
    as prescribed by FEDERAL LAW...

    Which acts to EMBOLDEN THEM into committing more crimes and acts of misconduct

    It's a self serving cycle in which LACK OF ACCOUNTABILITY encourages more blatant acts of misconduct and abuse!

    In their minds they are "ABOVE THE LAW"
    Every crime they commit against an American, and they get away with it.... Encourages future crimes worsening in severity and harm....

    Until one day they just KILL an innocent American!
    I mean WHY NOT? They already KNOW they will not be prosecuted for it!

    So WHY NOT???
    We have a system that protects every action, lawful or not, that these people commit

    A system which puts out egomaniacal psychopaths with zero respect for the law, or the Americans they are supposedly here to "Protect and Serve"

    Police should be held to a HIGHER STANDARD under the law because they are entrusted with a great deal of authority! Because they are operating with great authority we should expect MORE from them, and they should be treated even more severely when they violate the laws they are tasked with upholding!

    But that is NOT what we get!
    We get complete and total LACK OF ACCOUNTABILITY!

    Which creates a criminal class with an overinflated ego who believes that they ARE THE LAW, and can behave in any manner they wish because NOBODY is going to arrest THEM for their crimes!

    And the same goes for Judges and Politicians too!
    PROSECUTORS are another accomplice of the Police!

    By failing to PROSECUTE their criminal behavior the Prosecutors of this country are COMPLICIT in the crimes committed by these out of control criminal gang members

    And it's time to clean up the mess that our CRIMINAL FILLED corporate "government" has created! By holding them ALL ACCOUNTABLE!

    The "government" does NOT run this country!
    THE PEOPLE DO!

    And it is time that these criminals get the message!

    https://www.bitchute.com/video/5E6JZWTgx8s/
    "GET OUTTA MY FACE" BAND DIRECTOR DISOBEYS COPS IN FRONT OF HS BAND There's a #Criminal element in America today.... And that criminal element is called the #Police. These are costume wearing, heavily armed thugs with delusions of being GI Joe! They believe themselves to be your MASTER Despite their job title declaring them PUBLIC SERVANTS! These are people who believe that THEY have "more rights" than you do! Like in Animal Farm... "Some animals are more equal than others" The problem with these delusional psychopaths is that they are NEVER HELD ACCOUNTABLE for their #Crimes and #Misconduct under 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law as prescribed by FEDERAL LAW... Which acts to EMBOLDEN THEM into committing more crimes and acts of misconduct It's a self serving cycle in which LACK OF ACCOUNTABILITY encourages more blatant acts of misconduct and abuse! In their minds they are "ABOVE THE LAW" Every crime they commit against an American, and they get away with it.... Encourages future crimes worsening in severity and harm.... Until one day they just KILL an innocent American! I mean WHY NOT? They already KNOW they will not be prosecuted for it! So WHY NOT??? We have a system that protects every action, lawful or not, that these people commit A system which puts out egomaniacal psychopaths with zero respect for the law, or the Americans they are supposedly here to "Protect and Serve" Police should be held to a HIGHER STANDARD under the law because they are entrusted with a great deal of authority! Because they are operating with great authority we should expect MORE from them, and they should be treated even more severely when they violate the laws they are tasked with upholding! But that is NOT what we get! We get complete and total LACK OF ACCOUNTABILITY! Which creates a criminal class with an overinflated ego who believes that they ARE THE LAW, and can behave in any manner they wish because NOBODY is going to arrest THEM for their crimes! And the same goes for Judges and Politicians too! PROSECUTORS are another accomplice of the Police! By failing to PROSECUTE their criminal behavior the Prosecutors of this country are COMPLICIT in the crimes committed by these out of control criminal gang members And it's time to clean up the mess that our CRIMINAL FILLED corporate "government" has created! By holding them ALL ACCOUNTABLE! The "government" does NOT run this country! THE PEOPLE DO! And it is time that these criminals get the message! https://www.bitchute.com/video/5E6JZWTgx8s/
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  • German MEP Urges Citizens Worldwide To Peacefully Disobey Covid Tyranny

    https://www.infowars.com/posts/german-mep-urges-citizens-worldwide-to-peacefully-disobey-covid-tyranny/
    German MEP Urges Citizens Worldwide To Peacefully Disobey Covid Tyranny https://www.infowars.com/posts/german-mep-urges-citizens-worldwide-to-peacefully-disobey-covid-tyranny/
    WWW.INFOWARS.COM
    German MEP Urges Citizens Worldwide To Peacefully Disobey Covid Tyranny
    'I would really like for you, the people, to not go along. Simply say no,' Christine Anderson urges humanity.
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  • https://www.activistpost.com/2023/08/fcc-formally-admitted-that-it-intends-to-continue-disobeying-the-d-c-circuits-august-2021-order-requiring-it-to-reassess-its-rf-exposure-guidelines.html #5g #emf #radiation #fcc #dc
    https://www.activistpost.com/2023/08/fcc-formally-admitted-that-it-intends-to-continue-disobeying-the-d-c-circuits-august-2021-order-requiring-it-to-reassess-its-rf-exposure-guidelines.html #5g #emf #radiation #fcc #dc
    WWW.ACTIVISTPOST.COM
    FCC “formally admitted that it intends to continue disobeying the D.C. Circuit’s August 2021 order requiring it to reassess its RF exposure guidelines.” - Activist Post
    The Defender reached out to the FCC to ask when the public might expect the agency to comply with the mandate, but the agency did not respond.
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  • I'm Not Willing To Go To Jail, But I'm Willing To Shoot Back - DISOBEY

    https://youtu.be/x0mQscpMwy8
    I'm Not Willing To Go To Jail, But I'm Willing To Shoot Back - DISOBEY https://youtu.be/x0mQscpMwy8
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  • GOD'S WORD FOR TODAY
    DAILY DEVOTIONAL
    RETURN TO BLESSING
    READ DEUTERONOMY 29:1 THROUGH 31:30
    Rhonda, a young college graduate, had left her secure job at a bank to peddle music for an aspiring singer as part of a multistate marketing campaign. Rhonda had received several of the large payments she was promised, but when her van flipped on the way to a show, her singer-employer refused to help with her medical expenses. A month later, Rhonda humbly met with her former boss at the bank. Relief swept over her when Mr. Jackson reached out his hand and said, “Stay a little longer this time.”



    “The Lord will again delight in being good to you as he was to your ancestors. The Lord your God will delight in you if you obey his voice and keep the commands and decrees” (Deuteronomy 30:9–10).



    Have you ever stepped out of God’s plan, lured by the promises of something that sounded really good? Are you missing the peace and joy you had when you were walking closely with Him? God longs to bring you back to a full and satisfying relationship with Him. Return to a life of full obedience. He will welcome you with open arms!



    Prayer Suggestion: Father, forgive me for the times I have disobeyed You.

    Quicklook: Deuteronomy 30:1–10
    GOD'S WORD FOR TODAY DAILY DEVOTIONAL RETURN TO BLESSING READ DEUTERONOMY 29:1 THROUGH 31:30 Rhonda, a young college graduate, had left her secure job at a bank to peddle music for an aspiring singer as part of a multistate marketing campaign. Rhonda had received several of the large payments she was promised, but when her van flipped on the way to a show, her singer-employer refused to help with her medical expenses. A month later, Rhonda humbly met with her former boss at the bank. Relief swept over her when Mr. Jackson reached out his hand and said, “Stay a little longer this time.” “The Lord will again delight in being good to you as he was to your ancestors. The Lord your God will delight in you if you obey his voice and keep the commands and decrees” (Deuteronomy 30:9–10). Have you ever stepped out of God’s plan, lured by the promises of something that sounded really good? Are you missing the peace and joy you had when you were walking closely with Him? God longs to bring you back to a full and satisfying relationship with Him. Return to a life of full obedience. He will welcome you with open arms! Prayer Suggestion: Father, forgive me for the times I have disobeyed You. Quicklook: Deuteronomy 30:1–10
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