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https://www.thetrumpet.com/stephen-flurry/30473-rinos-are-trumps-biggest-enemy-nowWWW.THETRUMPET.COMWorld News, Economics and Analysis Based on Bible ProphecytheTrumpet.com delivers in-depth news analysis on top stories, world news, weather, economics and society in the light of Bible prophecy.0 Commentarii 0 Distribuiri 161 Views
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Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract
Waiver of Subrogation Applies in Marine Insurance Policy
Post 4938
Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog.
Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy.
In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes.
BACKGROUND
The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized.
Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims.
THE TIME CHARTER
Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood.
THE POLICY
The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured.
THE MASTER SERVICES CONTRACTS.
Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims.
ANALYSIS
Fieldwood’s Motion
Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood.
U.S. Specialty Waived Its Rights of Subrogation
The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood.
Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention.
The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation.
Fieldwood’s motion for partial summary judgment was GRANTED.
ZALMA OPINION
Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver.
(c) 2024 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
Go to the Insurance Claims Library – https://lnkd.in/gwEYk
Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract Waiver of Subrogation Applies in Marine Insurance Policy Post 4938 Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog. Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy. In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes. BACKGROUND The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized. Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims. THE TIME CHARTER Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood. THE POLICY The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured. THE MASTER SERVICES CONTRACTS. Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims. ANALYSIS Fieldwood’s Motion Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood. U.S. Specialty Waived Its Rights of Subrogation The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood. Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention. The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation. Fieldwood’s motion for partial summary judgment was GRANTED. ZALMA OPINION Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk0 Commentarii 0 Distribuiri 893 Views -
Elvis Presley, known as the "King. Was an American singer, actor, and cultural he influence on music and culture remains unmatched. His early interest in gospel music shaped his style, blending rock, country, and blues into a revolutionary sound.
Presley gained national attention with hits like Heartbreak Hotel (1956), Hound Dog, and Jailhouse Rock. His stage presence, charming looks, and charisma made him an instant star. Beyond music, Elvis starred in over 30 films, including Love Me Tender (1956) and Viva Las Vegas (1964).
In the 1960s, Elvis dominated the charts but faced challenges from the counterculture movement. A 1968 television special marked his comeback and revitalized his career, showcasing his enduring appeal. In the 1970s, Las Vegas and his tours solidified his legend.
Elvis struggled with prescription drug dependency. Despite the premature end of his career, his legacy continues through his music, Graceland (his home museum), and millions of fans worldwide.Elvis Presley, known as the "King. Was an American singer, actor, and cultural he influence on music and culture remains unmatched. His early interest in gospel music shaped his style, blending rock, country, and blues into a revolutionary sound. Presley gained national attention with hits like Heartbreak Hotel (1956), Hound Dog, and Jailhouse Rock. His stage presence, charming looks, and charisma made him an instant star. Beyond music, Elvis starred in over 30 films, including Love Me Tender (1956) and Viva Las Vegas (1964). In the 1960s, Elvis dominated the charts but faced challenges from the counterculture movement. A 1968 television special marked his comeback and revitalized his career, showcasing his enduring appeal. In the 1970s, Las Vegas and his tours solidified his legend. Elvis struggled with prescription drug dependency. Despite the premature end of his career, his legacy continues through his music, Graceland (his home museum), and millions of fans worldwide.0 Commentarii 0 Distribuiri 846 Views -
Got pain? Inflammation? Wounds? COVID? Cold? Flu? Do you feel the onslaught of EMF-induced inflammation and disease? Grab the most powerful biblical oils for fast relief! Use promo code TIM20 and save! https://www.biblehealingoil.com/pages/tim20 #everyoneGot pain? Inflammation? Wounds? COVID? Cold? Flu? Do you feel the onslaught of EMF-induced inflammation and disease? Grab the most powerful biblical oils for fast relief! Use promo code TIM20 and save! https://www.biblehealingoil.com/pages/tim20 #everyone0 Commentarii 0 Distribuiri 601 Views
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Lying Nancy Pelosi is a modern day MOBSTER
Is Nancy Pelosi's political career influenced by her family's dark past? In this eye-opening video, I dive into the shocking ties between Pelosi's father and the mob, uncovering the roots of her ruthless tactics. I explore how Pelosi's recent betrayal of Joe Biden mirrors classic mob behavior and draws a striking parallel to Marcus Brutus's infamous betrayal of Caesar. Are these just coincidences, or is there a deeper connection? What could possibly lead her to go behind the back of someone she claimed was a longtime friend? Watch now to find out the truth behind Pelosi's actions and the hidden influence of organized crime in politics.
https://rumble.com/v5auhai-lying-nancy-pelosi-is-a-modern-day-mobster.htmlLying Nancy Pelosi is a modern day MOBSTER Is Nancy Pelosi's political career influenced by her family's dark past? In this eye-opening video, I dive into the shocking ties between Pelosi's father and the mob, uncovering the roots of her ruthless tactics. I explore how Pelosi's recent betrayal of Joe Biden mirrors classic mob behavior and draws a striking parallel to Marcus Brutus's infamous betrayal of Caesar. Are these just coincidences, or is there a deeper connection? What could possibly lead her to go behind the back of someone she claimed was a longtime friend? Watch now to find out the truth behind Pelosi's actions and the hidden influence of organized crime in politics. https://rumble.com/v5auhai-lying-nancy-pelosi-is-a-modern-day-mobster.html -
If You Eat an Avocado a Day For a Month, Here's What Will Happen to You
What Will Happen to Your Body If You Eat Avocado Every Day. The avocado is a unique fruit with multiple nutritional and health benefits. How would your body respond if you ate just one avocado a day? In fact, it would transform your life as you’d get amazing results: your breath will be fresh at all times, your kidneys and liver will work more efficiently, your blood pressure will become lower, just to name a few.
There's a miraculous mineral to be found in avocados: potassium. It helps your system keep a healthy fluid balance through chemical channels for cells and organs. Avocados are also a great source of vitamins C and E. Vitamin C is known for its involvement in the creation of collagen and elastin, which help to maintain the skin's elasticity and firmness. Vitamin E takes it to a whole new level, reducing the damage of excessive sun exposure and counteracting aging.
If You Eat an Avocado a Day For a Month, Here's What Will Happen to You What Will Happen to Your Body If You Eat Avocado Every Day. The avocado is a unique fruit with multiple nutritional and health benefits. How would your body respond if you ate just one avocado a day? In fact, it would transform your life as you’d get amazing results: your breath will be fresh at all times, your kidneys and liver will work more efficiently, your blood pressure will become lower, just to name a few. There's a miraculous mineral to be found in avocados: potassium. It helps your system keep a healthy fluid balance through chemical channels for cells and organs. Avocados are also a great source of vitamins C and E. Vitamin C is known for its involvement in the creation of collagen and elastin, which help to maintain the skin's elasticity and firmness. Vitamin E takes it to a whole new level, reducing the damage of excessive sun exposure and counteracting aging. -
https://www.thetrumpet.com/30403-gerald-flurry-was-right-about-donald-trumpWWW.THETRUMPET.COMGerald Flurry Was Right About Donald TrumpA dramatic prophecy from Amos 7 is being fulfilled before our eyes.
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SILENT MASS KILLERS MRNA AND FLUORIDE
The worst part???
Well... the FACT that this poisoning of Americans is DONE IN YOUR NAME
and with "your consent" according to the people responsible for it!
Is THIS what you want?
To POISON innocent men. women, and children???
The people supposedly "representing you" claim that YOU WANT IT! After all.... they ARE "Representing you aren't they?
https://old.bitchute.com/video/GvqKavyJ2JPE/SILENT MASS KILLERS MRNA AND FLUORIDE ☠️ The worst part??? Well... the FACT that this poisoning of Americans is DONE IN YOUR NAME and with "your consent" according to the people responsible for it! Is THIS what you want? To POISON innocent men. women, and children??? The people supposedly "representing you" claim that YOU WANT IT! After all.... they ARE "Representing you aren't they? https://old.bitchute.com/video/GvqKavyJ2JPE/OLD.BITCHUTE.COMSILENT MASS KILLERS MRNA AND FLUORIDE ☠️PLEASE SHARE THIS REPORT DETAILING THE SILENT MASS KILLERS OF MRNA AND Fluoride. WE MUST RECLAIM OUR HUMANITY AND END THE POISON. POSTING FOR THE MESSAGE. WE HAVE TO GET THIS STUFF BANNED. SOURCE 👇 https://www.bitchute.com/channel/WcKcScJIjN6U ⚔️⚔…0 Commentarii 0 Distribuiri 335 Views -
B.C. Premier Eby’s $20K grant to advisor’s group sparks new concerns over Chinese influence! “In my journalistic assessment, assisted by Mandarin OSINT specialists, there evidently has been significant CCP-affiliated Election Interference in support of Premier David Eby” stated investigative journalist Sam Cooper.
#NoMoreLiberalsAndNDP
#SayingTheQuietPartOutLoud
#resigntrudeau
#JustSayNoMore
https://www.rebelnews.com/b_c_premier_eby_s_20k_grant_to_advisor_s_group_sparks_new_concerns_over_chinese_influence
B.C. Premier Eby’s $20K grant to advisor’s group sparks new concerns over Chinese influence! “In my journalistic assessment, assisted by Mandarin OSINT specialists, there evidently has been significant CCP-affiliated Election Interference in support of Premier David Eby” stated investigative journalist Sam Cooper. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/b_c_premier_eby_s_20k_grant_to_advisor_s_group_sparks_new_concerns_over_chinese_influenceWWW.REBELNEWS.COMB.C. Premier Eby’s $20K grant to advisor’s group sparks new concerns over Chinese influenceThe $20K Eby approved grant for the CCS100 was said to help support anti-racism initiatives and immigrant engagement but is now under scrutiny for potential affiliations with Beijing’s United Front.0 Commentarii 0 Distribuiri 679 Views
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