• 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
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
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  • https://barenakedislam.com/2024/11/24/compilation-of-african-and-middle-eastern-muslim-invaders-posing-as-asylum-seekers-expressing-their-heartfelt-appreciation-at-being-welcomed-into-europe-and-uk/
    https://barenakedislam.com/2024/11/24/compilation-of-african-and-middle-eastern-muslim-invaders-posing-as-asylum-seekers-expressing-their-heartfelt-appreciation-at-being-welcomed-into-europe-and-uk/
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  • The term LD stands for Lunar Distance, which is a unit of measurement used in astronomy to express the distance between the Earth and the Moon. One LD is approximately 384,400 kilometers (or about 238,855 miles), the average distance from the Earth to the Moon.

    When discussing asteroid distances in terms of LD, it indicates how far the asteroid is from Earth relative to the Moon's distance. For example:

    0.5 LD means the asteroid is half the distance from the Earth to the Moon (about 192,200 kilometers).
    1 LD means the asteroid is at the same average distance as the Moon.
    10 LD means the asteroid is ten times farther away than the Moon's average distance.
    Why is LD used for asteroids?
    Using LD is a convenient way to quickly understand the proximity of asteroids to Earth, especially for Near-Earth Objects (NEOs). It provides a clear, relatable frame of reference since the Moon is a familiar benchmark.

    For instance:

    An asteroid passing at 0.1 LD (about 38,440 kilometers) is considered a very close approach.
    An asteroid at 5 LD (1,922,000 kilometers) is farther but still monitored, depending on its size and trajectory.
    The term LD stands for Lunar Distance, which is a unit of measurement used in astronomy to express the distance between the Earth and the Moon. One LD is approximately 384,400 kilometers (or about 238,855 miles), the average distance from the Earth to the Moon. When discussing asteroid distances in terms of LD, it indicates how far the asteroid is from Earth relative to the Moon's distance. For example: 0.5 LD means the asteroid is half the distance from the Earth to the Moon (about 192,200 kilometers). 1 LD means the asteroid is at the same average distance as the Moon. 10 LD means the asteroid is ten times farther away than the Moon's average distance. Why is LD used for asteroids? Using LD is a convenient way to quickly understand the proximity of asteroids to Earth, especially for Near-Earth Objects (NEOs). It provides a clear, relatable frame of reference since the Moon is a familiar benchmark. For instance: An asteroid passing at 0.1 LD (about 38,440 kilometers) is considered a very close approach. An asteroid at 5 LD (1,922,000 kilometers) is farther but still monitored, depending on its size and trajectory.
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  • https://t.me/davidavocadowolfe/146538
    Trump’s new AG pick Pam Bondi speaking earlier this year about Pedophile Bill Clinton flying on the Lolita Express. (1 min, 31 sec)
    https://t.me/davidavocadowolfe/146538 Trump’s new AG pick Pam Bondi speaking earlier this year about Pedophile Bill Clinton flying on the Lolita Express. (1 min, 31 sec)
    0 Comentários 0 Compartilhamentos 258 Visualizações 1
  • absolutely!
    The psychopathic #Parasite class don't care WHO you #Vote for!
    Their witchcraft has blinded your eyes!

    They ONLY CARE that you continue "voting" to be RULED!
    You should look into the etymology of the word "vote"

    I'll help you some!
    What "god" are you making a promise to?
    How about "solemn engagement to devote oneself to a religious order or life"

    You are GIVING YOUR SOLEMN PLEDGE to #Evil,
    and liars, and who knows what "god"

    vote (n.)
    mid-15c., "formal expression of one's wish or choice with regard to a proposal, candidate, etc.," from Latin votum "a vow, wish, promise to a god, solemn pledge, dedication," noun use of neuter of votus, past participle of vovere "to promise, dedicate" (see vow (n.)). The meaning "totality of voters of a certain class or type" is from 1888.

    also from mid-15c.
    vote (v.)

    1550s, "give a vote to;" 1560s, "enact or establish by vote;" see vote (n.). Earlier it meant "to vow" to do something (mid-15c.). Related: Voted; voting.

    also from 1550s
    Entries linking to vote
    vow (n.)
    "solemn promise," c. 1300, from Anglo-French and Old French voe (Modern French vœu), from Latin votum "a promise to a god, solemn pledge, dedication; that which is promised; a wish, desire, longing, prayer," noun use of neuter of votus, past participle of vovere "to promise solemnly, pledge, dedicate, vow," from PIE root *wegwh- "to speak solemnly, vow, preach" (source also of Sanskrit vaghat- "one who offers a sacrifice;" Greek eukhē "vow, wish," eukhomai "I pray"). The meaning "solemn engagement to devote oneself to a religious order or life" is from c. 1400; earlier "to bind oneself" to chastity (early 14c.).
    absolutely! The psychopathic #Parasite class don't care WHO you #Vote for! Their witchcraft has blinded your eyes! They ONLY CARE that you continue "voting" to be RULED! You should look into the etymology of the word "vote" I'll help you some! What "god" are you making a promise to? How about "solemn engagement to devote oneself to a religious order or life" You are GIVING YOUR SOLEMN PLEDGE to #Evil, and liars, and who knows what "god" vote (n.) mid-15c., "formal expression of one's wish or choice with regard to a proposal, candidate, etc.," from Latin votum "a vow, wish, promise to a god, solemn pledge, dedication," noun use of neuter of votus, past participle of vovere "to promise, dedicate" (see vow (n.)). The meaning "totality of voters of a certain class or type" is from 1888. also from mid-15c. vote (v.) 1550s, "give a vote to;" 1560s, "enact or establish by vote;" see vote (n.). Earlier it meant "to vow" to do something (mid-15c.). Related: Voted; voting. also from 1550s Entries linking to vote vow (n.) "solemn promise," c. 1300, from Anglo-French and Old French voe (Modern French vœu), from Latin votum "a promise to a god, solemn pledge, dedication; that which is promised; a wish, desire, longing, prayer," noun use of neuter of votus, past participle of vovere "to promise solemnly, pledge, dedicate, vow," from PIE root *wegwh- "to speak solemnly, vow, preach" (source also of Sanskrit vaghat- "one who offers a sacrifice;" Greek eukhē "vow, wish," eukhomai "I pray"). The meaning "solemn engagement to devote oneself to a religious order or life" is from c. 1400; earlier "to bind oneself" to chastity (early 14c.).
    0 Comentários 0 Compartilhamentos 535 Visualizações
  • Biochemist Lubert Stryer founded Senomyx in
    1999. In May 2001, Stryer returned to his
    professorship at Stanford University and
    resigned from Senomyx, but continued to be
    the Chairman of the Scientific Advisory Board,

    Around the year 2001, Senomyx patented
    several flavor enhancers by using "proprietary
    taste receptor-based assay systems", which
    have been previously expressed in human cell
    culture, in HEK293 cells. [2] HEK293 cells are a
    cell line widely used in biological and medical
    research, immortalized through a genetic
    modification removed from the original
    embryonic kidney cells in the early 1970s.
    Biochemist Lubert Stryer founded Senomyx in 1999. In May 2001, Stryer returned to his professorship at Stanford University and resigned from Senomyx, but continued to be the Chairman of the Scientific Advisory Board, Around the year 2001, Senomyx patented several flavor enhancers by using "proprietary taste receptor-based assay systems", which have been previously expressed in human cell culture, in HEK293 cells. [2] HEK293 cells are a cell line widely used in biological and medical research, immortalized through a genetic modification removed from the original embryonic kidney cells in the early 1970s.
    0 Comentários 0 Compartilhamentos 699 Visualizações
  • 🅷🅸🆂🆃🅾🆁🆈
    Legend holds that on November 21, 1864, President Abraham Lincoln composes a letter to Lydia Bixby, a widow and mother of five men who had been killed in the Civil War. A copy of the letter was then published in the Boston Evening Transcript on November 25 and signed “Abraham Lincoln.” The original letter has never been found.

    The letter expressed condolences to Mrs. Bixby on the death of her five sons, who had fought to preserve the Union in the Civil War. The author regrets how “weak and fruitless must be any words of mine which should attempt to beguile you from the grief of a loss so overwhelming.” He continued with a prayer that “our Heavenly Father may assuage the anguish of your bereavement [and leave you] the cherished memory of the loved and lost, and the solemn pride that must be yours, to have laid so costly a sacrifice upon the altar of Freedom.”
    🅷🅸🆂🆃🅾🆁🆈 Legend holds that on November 21, 1864, President Abraham Lincoln composes a letter to Lydia Bixby, a widow and mother of five men who had been killed in the Civil War. A copy of the letter was then published in the Boston Evening Transcript on November 25 and signed “Abraham Lincoln.” The original letter has never been found. The letter expressed condolences to Mrs. Bixby on the death of her five sons, who had fought to preserve the Union in the Civil War. The author regrets how “weak and fruitless must be any words of mine which should attempt to beguile you from the grief of a loss so overwhelming.” He continued with a prayer that “our Heavenly Father may assuage the anguish of your bereavement [and leave you] the cherished memory of the loved and lost, and the solemn pride that must be yours, to have laid so costly a sacrifice upon the altar of Freedom.”
    0 Comentários 0 Compartilhamentos 738 Visualizações

  • 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 Comentários 0 Compartilhamentos 1KB Visualizações
  • The Appearance of Leftist Fear
    Vilification of Trump Nominees – Looking at RFK Jr.
    https://johnhouk.substack.com/p/the-appearance-of-leftist-fear

    SUMMARY: The Dem-Marxists, RINOs, the Mockingbird MSM and Globalist-Leftists in general have been expressing their vilifying propaganda of hate AGAINST President-Elect Trump’s nominations. YOU should ask yourself, “Why?” … I ran into a great interview between OAN host Stella Escobedo and Dr. Peter McCullough focused on Trump Nominee RFK Jr for HHS Secretary. …READ & WATCH!
    #RFKjr #HHSNominee #MAGAMandate
    The Appearance of Leftist Fear Vilification of Trump Nominees – Looking at RFK Jr. https://johnhouk.substack.com/p/the-appearance-of-leftist-fear SUMMARY: The Dem-Marxists, RINOs, the Mockingbird MSM and Globalist-Leftists in general have been expressing their vilifying propaganda of hate AGAINST President-Elect Trump’s nominations. YOU should ask yourself, “Why?” … I ran into a great interview between OAN host Stella Escobedo and Dr. Peter McCullough focused on Trump Nominee RFK Jr for HHS Secretary. …READ & WATCH! #RFKjr #HHSNominee #MAGAMandate
    JOHNHOUK.SUBSTACK.COM
    The Appearance of Leftist Fear
    Vilification of Trump Nominees – Looking at RFK Jr.
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  • Hypnotized by Subliminal Messaging & More: Unraveling the TDS (Trump Derangement Syndrome) Phenomenon
    https://reinettesenumsfoghornexpress.substack.com/p/hypnotized-by-subliminal-messaging

    I'm going to take you down a rabbit hole, similar to how your parents did when they read you Alice's Wonderland as a child.

    Remember when you thought the most sinister thing about your favorite childhood TV show was that annoying earworm of a neverending theme song?

    Those were the good ol' days.

    In 2017, I remember a Samsung website called "Unspoil Me,” claiming it could erase your memories of your favorite TV shows as a child, kid-you-not. This would have been one of my favorite two shows, The Bionic Woman or The Carol Burnett Show (it's true, I wanted to grow up and become a Bionic Carol Burnett). This website promised to give me the “opportunity” to, once again, experience my favorite show as a child, but with a fresh set of eyes.

    That's correct. Once I checked off a box claiming I was over 18, this website took me through a series of prompts, asking me to recall specific childhood television shows. It then guided me through a multi-minute process of hypnosis, supposedly to erase all my memories of my beloved Jaime Sommers and Carol Burnett.

    I did as prompted and watched a swirling circle on the screen as a calm voice began giving me instructions to hypnotize me.

    Seriously. This is for real.
    Hypnotized by Subliminal Messaging & More: Unraveling the TDS (Trump Derangement Syndrome) Phenomenon https://reinettesenumsfoghornexpress.substack.com/p/hypnotized-by-subliminal-messaging I'm going to take you down a rabbit hole, similar to how your parents did when they read you Alice's Wonderland as a child. Remember when you thought the most sinister thing about your favorite childhood TV show was that annoying earworm of a neverending theme song? Those were the good ol' days. In 2017, I remember a Samsung website called "Unspoil Me,” claiming it could erase your memories of your favorite TV shows as a child, kid-you-not. This would have been one of my favorite two shows, The Bionic Woman or The Carol Burnett Show (it's true, I wanted to grow up and become a Bionic Carol Burnett). This website promised to give me the “opportunity” to, once again, experience my favorite show as a child, but with a fresh set of eyes. That's correct. Once I checked off a box claiming I was over 18, this website took me through a series of prompts, asking me to recall specific childhood television shows. It then guided me through a multi-minute process of hypnosis, supposedly to erase all my memories of my beloved Jaime Sommers and Carol Burnett. I did as prompted and watched a swirling circle on the screen as a calm voice began giving me instructions to hypnotize me. Seriously. This is for real.
    REINETTESENUMSFOGHORNEXPRESS.SUBSTACK.COM
    Hypnotized by Subliminal Messaging & More: Unraveling the TDS (Trump Derangement Syndrome) Phenomenon
    Examining the unseen forces driving our emotional responses following the 2024 U.S. elections.
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