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

Department Of Government Efficiency (DOGE) Will ‘Liberate Individuals & Businesses From Regulations Never Passed By Congress’. https://www.infowars.com/posts/department-of-government-efficiency-doge-will-liberate-individuals-businesses-from-regulations-never-passed-by-congress

Ep. 3503b - [DS] Prepares Their 3 Staged Plan To Stop Trump, Trump Has The Ultimate Countermeasure https://www.bitchute.com/video/PQFHLmPR7dmu/?list=notifications&randomize=false The [DS] was very quite before the election, now we know they planned everything post election. The [DS] has prepared the 3 staged plan to stop Trump. They are prepared to bring the economy down, create chaos on Jan 6 and the 20th and start WWIII. They will now push all three as we approach Jan. Trump has the ultimate countermeasure, peace. Peace will shut it all down and the allow the economy to recover,he will round up the illegals, in the end the [DS] plan will fail.

PUT EDUCATION BACK IN THE HANDS OF THE STATES.. THE FEDERAL EDUCATION DEPARTMENT HAS A 68 BILLION DOLLAR BUDGET. GIVE THAT MONEY TO THE STATES AND END THE WOKE PROGRAMS THAT OUR SCHOOLS ARE FORCED TO USE...

Why must I, a repair shop worker from just a month ago, sit in the trenches while senior officers are far away from the front line? https://www.vtforeignpolicy.com/2024/11/running-from-the-trenches-ukrainian-officer-describes-horror-his-soldiers-experience

Early COVID-19 Therapeutics Suppressed to Prepare the World to Accept Mass Vaccination https://petermcculloughmd.substack.com/p/early-covid-19-therapeutics-suppressed?publication_id=1119676&post_id=151737394&r=1qt5ih&triedRedirect=true

Hiding Behind the BAR Why Attorneys are not Lawyers Feudal Tenancy If you think you are a landowner in America, take a close look at the warranty deed or fee title to your land. You will almost always find the words "tenant" or "tenancy." The title or deed document establishing your right as a tenant, not that of a landowner, has been prepared for transfer by a licensed BAR Attorney, just as it was carried out within the original English feudal system we presumed we had escaped from in 1776. A human being is the tenant to a feudal superior. A feudal tenant is a legal person who pays rent or services of some sort for the use and occupation of another's land. The land has been conveyed to the tenant's use, but the actual ownership remains with the superior. If a common person does not own what he thought was his land (he's legally defined as a "feudal tenant," not the superior owner), then a superior person owns the land and the feudal tenant - person pays him to occupy the land. This is the hidden Feudal Law in America. When a person (a.k.a. human being, corporation, natural person, partnership, association, organization, etc.) pays taxes to the tax assessor of the civil county or city government (also a person), it is a payment to the superior land owner for the right to be a tenant and to occupy the land belonging to the superior. If this were not so, then how could a local government sell the house and land of a person for not rendering his services (taxes)? We used to think that there was no possible way feudal law could be exercised in America, but the facts have proven otherwise. It's no wonder they hid the definition of a human being behind the definition of a man. The next time you enter into an agreement or contract with another person (legal entity), look for the keywords person, individual, and natural person describing who you are. Are you the entity the other person claims you are? When you "appear" before their jurisdiction and courts, you have agreed that you are a legal person unless you show them otherwise. You will have to deny that you are the person and state who you really are. Is the flesh and blood standing there in that courtroom a person by their legal definition? https://educate-yourself.org/cn/attorneysarenotlawyers13mar05.shtml

Occam’s Razor Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts. The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project. APPLICATION OF OCCAM’S RAZOR The analysis technique that proposes that the simplest of competing theories be preferred to the more complex. FACTUAL BACKGROUND Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed. From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project. Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction. DUTY TO DEFEND Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage. The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project. ANALYSIS The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply? The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute. THE HOLDING There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole. Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied. ZALMA OPINION This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend. (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 Subscribe to my substack at https://lnkd.in/gmmzUVBy

Op-ed: A Red Tsunami, A Billion Dollar Disaster, and A Pantsuit Message Sent By: Diane Sori / Thee Patriot Factor / Right Side Patriots / Right Side Patriots Radio https://thepatriotfactor.blogspot.com/2024/11/op-ed-red-tsunami-billion-dollar.html ...in what form of revenge will Harris' minions use to take the thunder out of Trump's red tsunami win, and would it affect what's left of Joe Biden's term in office especially after Dr. Jill's red pantsuit message was sent for all to see...

Deep State FURIOUS as Trump PREPARES to REVAMP CIA and FBI! https://www.youtube.com/watch?v=-Fcnp8JrcxU&list=TLPQMTYxMTIwMjTYejoEPSI3PA&index=3