USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (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

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

“On Tues. 10 Dec. 2024 the Supreme Court ruled in favor of the Brunson Case—a legal battle that was never meant to reach the public.” “This historic ruling confirmed what millions have suspected all along: the 2020 election was rigged, manipulated by corrupt politicians and the Deep State. Trump was never legitimately removed, and this decision officially recognized him as the rightful President. “Trump was always the rightful President, and now the Supreme Court has confirmed it. The truth, hidden for years, is finally out. This ruling could unleash chaos—thousands dead, cities in ruins, and America teetering on collapse. The globalist elites and corrupt politicians who orchestrated this betrayal have pushed the nation to its breaking point, but Trump’s return may be our only hope. “For years, the Deep State, media, and political elite lied to the American people, covering up their crimes while dragging the country into darkness. This betrayal has plunged America into chaos. Thousands are dead, cities obliterated, and families are left freezing in tents. “The Fallout: Death, Destruction, and Despair: The nation is burning. The chaos unleashed by this ruling could turn once-thriving communities into rubble. Murder, political violence, and economic collapse could tear America apart, shatter Families, destroy neighborhoods and the most vulnerable could die in the brutal winter cold. “Trump’s Return America’s Last Hope: While some call his return divisive, Trump’s supporters know he is the only leader who can restore the nation. His America First policies are already sparking hope amid the devastation. The elites fear him because he’s the one man standing between them and total domination. “The Deep State’s Reckoning Has Begun: This chaos is their doing. The Globalists who orchestrated this collapse—Biden, corrupt politicians, and their media puppets—must be held accountable. They sold out America for their own gain, leaving the people to suffer. “The War for America’s Future Starts Now: Trump’s return marks the beginning of a new fight. The Supreme Court’s ruling wasn’t just a legal decision—it was a warning. The Deep State’s control is crumbling. Will America rise from the ashes, or will it fall into darkness? “This is the fight of our lives. Will you stand with Trump?” Join now, while it's not too late: https://t.me/JFK_Q17 We’ve waited for years… and now it’s here. The Deep State’s downfall has begun, and nothing can stop it now. Join below to witness the truth unfold: https://t.me/DeepStateFalling (https://t.me/+oBE3K5AX-1M0ZTcx) ✅

FIGHT FIGHT FIGHT - BUILD BACK BETTER - AS IN THE DAYS OF NOAH! “When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity.” — Manly P. Hall https://old.bitchute.com/video/B53FPkjmSfc1/

REPTILIANS, THEY ARE THE SWAMP & THEY RUN FAKE MEDIA & THE WORLD 🦎 I generally don't pay much attention to stuff like this because they can do ANYTHING with video and photos these days! The news lady who had the fly come out of her eye, and then she ate it freaked me out some... But who knows, all of that could be the #Truth, and it could be deception! I KNOW that these demons WANT US BELIEVING IN ALIENS!!! Which "Aliens" is one thing that I can assure you DON'T EXIST! Demons however... I'm pretty certain they DO EXIST! Our biggest mistake in this world is believing that we can "Judge others' motives" based on a comparison to ourselves!!! If that makes sense! When you assume that someone "would NEVER DO THAT" it is because you are comparing them to your own morality" You believe that person "would never do that" because YOU cannot imagine "doing that" YOURSELF! But that is our biggest mistake folks! There are entities on this earth that have no issue doing ANYTHING! Including raping, torturing, mutilating, and killing BABIES! Then eating their flesh and drinking their blood WHO could do that??? While YOU may not ever consider such a thing yourself.... For others it's "just another day at the office" They even take pleasure in such a thing! THIS is the type of thing that makes me CERTAIN that Satan is real, demons are real And our bibles laid it all out for us, we just failed to TRULY BELIEVE IT! I know this for certain... I lived for 53 years on this earth... I can fit in as well at a Biker Party on the beach, as I can in a church house... I've got several preachers in my family that were actual Believers, not the phony "Christians" we mostly see today. And at the same time I've been the "Stand Up Guy" people counted on to NOT sell them out.... I once THOUGHT I had a lot of knowledge about this world and what happens in it But I knew NOTHING until the day I got on my knees and asked my Father for forgiveness! At that point my life changed completely! The Father opened my eyes to the TRUTH of this world! And let me tell you, it's sure a lot different than I thought it was for 53 years! While I've never really been a "Criminal," I have always been an OUTLAW! And that is because I do NOT fit into the Satanic System of control in this world! I was only an "Outlaw" because the "Law" is Satanic! I only "bucked the system" because the system is Satanic, immoral, and wrong! It only took me 53 years (and a sincere prayer) to realize that I'm truly NOT OF THIS WORLD! It always felt WRONG because it always WAS WRONG! Shape Shifters??? Who knows No matter their shape or ability to "shift" #Evil exists in this world... And it is literally EVERYWHERE around you! "When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity." Manly P. Hall "Lords of the Dawn" ??? Try demons and Devils https://old.bitchute.com/video/j3GVZFUCBngk/

VIDEO - BY OFFICIALLY RECOGNIZING CHINA'S COMMUNIST GOVERNMENT IN 1978, WE CREATED A MONSTER THAT IS SURPASSING US WITH TECHNOLOGY STOLEN FROM OUR OWN U.S.A..... BY THE 70s, CHINA WAS STILL BUILDING AND USING COAL POWERED STEAM LOCOMOTIVES (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkin.com/video/play/442577

The Best Rookies in Madden NFL 25 Explained That said, amid the four abundant captains, who is the best? Who can accompany accumulated to the Madden Ultimate Team? Aggregation captains comedy a absolute important role in a team, as they can achieve or breach a team’s all-embracing performance. As such, players allegation to be authentic aback acrimonious one. They should accede aspects such as the team’s chemistry, scheme, and position. For instance, if the aggregation runs a breadth defense, the best bet would be to accept cornerback or assurance MUT captain. On the added hand, if the aggregation runs a man-on-man aegis blazon of game, the best advantage would be a band breaker or cornerback aggregation captain. Therefore, afore clearing on a captain, accede how the amateur will alloy in and activity value. 4 Kevin Mawae Kevin Mawae is not a drifter to the NFL world. Actually, the Pro Football Hall of Famer is at the centermost of NFL history. The aloft Tennesse Titans and New York Jets lineman played for three assorted teams in his 16-year career in the NFL.His MUT captain agenda ante able-bodied in aspects such as advance block, appulse block, canyon block, run block, awareness, and strength. And that’s not all; the NFL fable can additionally alleviate accessible abilities like Defended Protector, Nasty Streak, and Identifier. He can be a appalling ballast for the breach by creating lanes for the alive aback while absorption the quarterback. The aloft NFL Players Association admiral is additionally accomplished at run blocking and intercepting passes, which makes him a admired accession to any team. He can achieve adjustments in the aegis if bare to advance the bold or move from his position to block downfield. Nonetheless, the 7x Pro Bowler is not absolute alive or fast compared to added centers. He struggles a bit adjoin added alive and faster opponents. Be as it may, Mawae is not abandoned one of the best centers in the game, but he can additionally be a solid accession to any Madden Ultimate team. He has abundant administration abilities and will absolutely accession the abhorrent line. Gamers can advance their all-embracing appraisement to 85 application 5 Aggregation Captain Advance Tokens. 3 Eric Berry Eric Berry ranks absolute abominable in MUT 25 with adapted ratings in tackling, breadth coverage, hit power, comedy recognition, agility, and awareness. The aloft Kansas City Chiefs amateur is a adjustable and adjustable apostle who can actualize plays and affairs from about anywhere on the field. The 2013 NFL Arresting Amateur of the Year is additionally able to alleviate accessible actualization like Universal Coverage, Enforcer, and Acrobat. Similarly, players who adorned arresting formations and schemes will accretion him absolute handy. He is adjustable and can acclimate to comedy as a box safety, a band back, a aperture corner, and a bottomless safety. The abundant brawl militarist can apprenticed end or awning receivers in a breadth or man coverage. And that’s not all about the MUT captain. The 5x Pro Bowler can additionally force turnovers, acknowledgment to his brawl abilities and hit power. As always, MMOexp.com offers you a safe and cheap Madden 25 Coins service.

I don’t know if Trump still recognize himself by saying that he is going to France,my question is this, have Trump forget that the evil corrupt Emmanuel Macron was the one that wanted to kill him through poison , It’s foolishness if Trump leave America before January 20 handover of power

I'm a regular Lockdown 23 and 1 follower. You might recognize a name from this episode. "Ghislaine Maxwell claims she is STARVING in PRISON" https://youtu.be/g362MtkF-bU?si=zsbk3Vic5anzCtf2 via @YouTube God Bless America, God Save The Republic.

RICK MIRACLE VIDEO LIBRARY #159, 2021 VIDEO, THE 2020 ECONOMIC CRISIS, GLOBAL POVERTY, UNEMPLOYMENT ALL that you need to comprehend is that EVERY SUPPOSED "#Government" on earth is in reality run by the SAME PEOPLE, who are members of "Secret Societies" that worship the "god of this world" #Satan Once you understand this, and clearly recognize their motives are NOT to help mankind, but instead to DESTROY MANKIND, then you might understand their actions! As long as you continue believing that "They are stupid" you'll be their victim! THEY ARE NOT STUPID! They simply want to KILL and ENSLAVE YOU! This is why their "policies" are always HARMFUL, always anti-human, always #Evil, always designed to harm you, your property & property rights, and your children You MUST comprehend these people are NOT even attempting to "eliminate problems"... Their intentions are to CREATE PROBLEMS that they can then get YOU to "Demand their pre-planned solution" for..... Political #Parasites are servants of #Satan! The two-party system itself is SATANIC! The "Maritime Admiralty Law" slave system our "courts" use, better known as the "Legal System" are Satanic also! The word "Legal" literally means "AGAINST YHWH'S LAW" And do not ignore the FACT that they even SHOW YOU the Satanic, idol worshiping nature of this system by displaying "Lady Justice" (A #Pagan false deity) in EVERY COURT and is used to represent the "legal system" itself! STOP PARTICIPATING IN THIS SATANIC SYSTEM!!! DEMAND that it be shut down and discontinued to exist via YOUR CONSENT! Without YOUR CONSENT none of these Satanic systems can exist!!! So REVOKE your consent right now! REVOKE both express and "Implied Consent" to giving these systems jurisdiction over you! Because these systems DO REQUIRE your consent! https://old.bitchute.com/video/G9t7l5HojK4G/