• Lose if You Fail to Respond to Motion for Summary Disposition

    INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT

    Post 4943

    Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute.

    In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff.

    FACTUAL BACKGROUND

    After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services.

    Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her.

    Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute.

    The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate.

    With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident.

    THRESHOLD INJURY

    Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument.

    The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain.

    Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement.

    FRAUDULENT INSURANCE ACT

    A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute.

    An individual commits a “fraudulent insurance act” when:

    1 the person presents or causes to be presented an oral or written statement,
    2 the statement is part of or in support of a claim for no-fault benefits, and
    3 the claim for benefits was submitted to the to the insurer or the state, further,
    4 the person must have known that the statement contained false information, and
    5 the statement concerned a fact or thing material to the claim.

    As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants.

    ZALMA OPINION

    As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought.

    (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

    Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
    Lose if You Fail to Respond to Motion for Summary Disposition INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT Post 4943 Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute. In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff. FACTUAL BACKGROUND After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute. The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident. THRESHOLD INJURY Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument. The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain. Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement. FRAUDULENT INSURANCE ACT A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute. An individual commits a “fraudulent insurance act” when: 1 the person presents or causes to be presented an oral or written statement, 2 the statement is part of or in support of a claim for no-fault benefits, and 3 the claim for benefits was submitted to the to the insurer or the state, further, 4 the person must have known that the statement contained false information, and 5 the statement concerned a fact or thing material to the claim. As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants. ZALMA OPINION As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought. (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 Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.
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  • The other side from Newcastle United is Derby County which is in deep financial trouble in such a way that they recently took an ad-hoc deduction of 21 points for violations of England Football League's profit and sustainability regulations.

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    Norwich City seems to be stuck as a constant "yo-yo group," a team that is constantly promoted, and then dropped, and then promoted again and never ever securing the position in any division. The current season appears to be no different with Norwich currently in the lowest level in the Premier League.

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    Tottenham Hotspur has enjoyed tremendous growth in the past decade. The club recently moved into an the new stadium that is stunning, has appointed managers such as Jose Mourinho and Antonio Conte as manager, and have even reached the Champions League final in 2022.

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    Best EA FC 25 Coins shop is MMOexp.com.
    The other side from Newcastle United is Derby County which is in deep financial trouble in such a way that they recently took an ad-hoc deduction of 21 points for violations of England Football League's profit and sustainability regulations. Derby County's gruesome points deduction hasn't been implemented for FC 25. However, financial problems are apparent in the squad that is dwindling. Selecting Derby County will provide a difficult task, but the possibility of winning promotion of the club into Premier League Premier League is a tantalizing challenge. Norwich City seems to be stuck as a constant "yo-yo group," a team that is constantly promoted, and then dropped, and then promoted again and never ever securing the position in any division. The current season appears to be no different with Norwich currently in the lowest level in the Premier League. Making sure that Norwich in the fight against being relegated is the primary goal to avoid relegation in FC 25. which is more difficult to achieve given that the team lost their most important player Buendia and has only $24m in funds to purchase an organization that requires major improvements. Tottenham Hotspur has enjoyed tremendous growth in the past decade. The club recently moved into an the new stadium that is stunning, has appointed managers such as Jose Mourinho and Antonio Conte as manager, and have even reached the Champions League final in 2022. However it is true that the London team is still looking at their very first win since winning the League Cup in 2008. There is a worry around the club for quite a long time now and Spurs fans are eager to stifle the joking of rival fans and criticisms. The next manager who wins the biggest award at Spurs will become an instant legend for the club, and it will be an ideal FC 25 test. Italian team A.C. Milan is the embodiment of a sleepy giant. It has been among the top of the world in numerous instances and has had star players such as Paolo Maldini, Gennaro Gattuso as well as Andrea Pirlo all leading the club to glory in recent times. It's been a decade ago that A.C. Milan last won an award for league and it's rapidly approaching 15 years since the last Champions League. Juventus their recent struggles increase the odds of winning the league title more straightforward for them in FC 25 than in previous versions of the sport, even though the current winners Inter Milan still pose a challenging challenge. Best EA FC 25 Coins shop is MMOexp.com.
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  • MMOexp:College Football 25 A Mixed Review
    With the release of College Football 25, excitement was high among fans, some even going so far as to invest in new consoles just to get their hands on the game. As a long-time football video game enthusiast, I have experienced both highs and lows with this latest installment. While College Football 25 excels in on-field action and presentation, several off-field issues diminish the overall experience. Here’s a detailed look at what works, what doesn’t, and what might be improved.
    On-Field Excellence
    College Football 25 stands out with its impressive graphics and gameplay. EA Orlando has clearly put significant effort into making the on-field action as realistic and engaging as possible. The visuals are striking—players’ sweat, exceptional lighting, and detailed animations all contribute to a more immersive experience. Unique team intros, mascot celebrations, and cheerleader performances add to the game's personality, capturing the essence of college football's pageantry and tradition.
    Gameplay has also seen notable improvements. The game runs faster and smoother than its predecessors, with quicker plays and more nimble player movements. The revamped passing system offers a learning curve but rewards precision with a better mix of throw arc and accuracy. For those preferring the familiar Madden controls, they are still available. Throw power now impacts ball speed and force, while pump fakes have been enhanced for more realistic play.
    The addition of new features, such as 12 hot route options for receivers and improved custom stem options, further enriches gameplay. A small but significant quality of life change allows the game to automatically run down the clock when taking a knee in a mathematically over game.
    Underwhelming Modes and UI Issues
    Despite the strong on-field performance, College Football 25 falters significantly with its modes and user interface. The game offers several modes, including Play Now, Road to the College Football Playoffs, Road to Glory, Dynasty, and College Ultimate Team. However, many of these modes feel underdeveloped and lack depth.
    The UI, in particular, is a major disappointment. Key information about player wear and tear and stamina is poorly displayed, often making it hard to discern what’s happening on the field. The automated hat count from Madden is missing, and stamina indicators are represented by small, unclear icons. The UI issues extend to the in-game commentary and bugs, such as persistent hot spots in drills and inaccurate commentary, which detract from the overall experience.
    Road to Glory, while offering some fun with mini-games and player progression, becomes repetitive quickly. The lack of meaningful in-game cutscenes and limited play call options can make playing as a quarterback feel restrictive and frustrating.
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    Ultimate Team and Tutorials
    College Football 25’s focus on Ultimate Team, with its emphasis on microtransactions and slot machine mechanics, is a major point of contention. The replacement of the skills trainer with Ultimate Team challenges, which are more about monetization than education, is a step backward. The lack of useful tutorials and fundamental mechanics guidance means new players will likely have to seek outside resources to understand the game’s deeper systems.
    Conclusion
    College Football 25 offers a solid foundation with its engaging on-field action and impressive visuals. However, the game’s shortcomings in UI design, mode depth, and tutorial support prevent it from reaching its full potential. If you’re a fan of college football looking for a visually stunning and dynamically engaging game, you’ll find a lot to enjoy. However, if you’re expecting a well-rounded experience with robust modes and user-friendly design, you might be disappointed.
    As the game matures and future updates are released, there’s hope that some of these issues will be addressed. For now, College Football 25 stands as a game with great potential but also significant room for improvement.
    For more sports game reviews, check out our coverage of Top Spin 2K2 and F1 Manager 2024. For everything else in gaming, keep it here at IGN.
    MMOexp.com provide the safest and cheapest College Football 25 Coins service.
    MMOexp:College Football 25 A Mixed Review With the release of College Football 25, excitement was high among fans, some even going so far as to invest in new consoles just to get their hands on the game. As a long-time football video game enthusiast, I have experienced both highs and lows with this latest installment. While College Football 25 excels in on-field action and presentation, several off-field issues diminish the overall experience. Here’s a detailed look at what works, what doesn’t, and what might be improved. On-Field Excellence College Football 25 stands out with its impressive graphics and gameplay. EA Orlando has clearly put significant effort into making the on-field action as realistic and engaging as possible. The visuals are striking—players’ sweat, exceptional lighting, and detailed animations all contribute to a more immersive experience. Unique team intros, mascot celebrations, and cheerleader performances add to the game's personality, capturing the essence of college football's pageantry and tradition. Gameplay has also seen notable improvements. The game runs faster and smoother than its predecessors, with quicker plays and more nimble player movements. The revamped passing system offers a learning curve but rewards precision with a better mix of throw arc and accuracy. For those preferring the familiar Madden controls, they are still available. Throw power now impacts ball speed and force, while pump fakes have been enhanced for more realistic play. The addition of new features, such as 12 hot route options for receivers and improved custom stem options, further enriches gameplay. A small but significant quality of life change allows the game to automatically run down the clock when taking a knee in a mathematically over game. Underwhelming Modes and UI Issues Despite the strong on-field performance, College Football 25 falters significantly with its modes and user interface. The game offers several modes, including Play Now, Road to the College Football Playoffs, Road to Glory, Dynasty, and College Ultimate Team. However, many of these modes feel underdeveloped and lack depth. The UI, in particular, is a major disappointment. Key information about player wear and tear and stamina is poorly displayed, often making it hard to discern what’s happening on the field. The automated hat count from Madden is missing, and stamina indicators are represented by small, unclear icons. The UI issues extend to the in-game commentary and bugs, such as persistent hot spots in drills and inaccurate commentary, which detract from the overall experience. Road to Glory, while offering some fun with mini-games and player progression, becomes repetitive quickly. The lack of meaningful in-game cutscenes and limited play call options can make playing as a quarterback feel restrictive and frustrating. Dynasty mode, a highlight for many, also falls short. It offers a decent foundation for managing a team and recruiting players but becomes tedious due to its repetitive nature. The absence of direct player management or training makes the mode feel more like a series of menu tasks rather than an engaging coaching experience. Ultimate Team and Tutorials College Football 25’s focus on Ultimate Team, with its emphasis on microtransactions and slot machine mechanics, is a major point of contention. The replacement of the skills trainer with Ultimate Team challenges, which are more about monetization than education, is a step backward. The lack of useful tutorials and fundamental mechanics guidance means new players will likely have to seek outside resources to understand the game’s deeper systems. Conclusion College Football 25 offers a solid foundation with its engaging on-field action and impressive visuals. However, the game’s shortcomings in UI design, mode depth, and tutorial support prevent it from reaching its full potential. If you’re a fan of college football looking for a visually stunning and dynamically engaging game, you’ll find a lot to enjoy. However, if you’re expecting a well-rounded experience with robust modes and user-friendly design, you might be disappointed. As the game matures and future updates are released, there’s hope that some of these issues will be addressed. For now, College Football 25 stands as a game with great potential but also significant room for improvement. For more sports game reviews, check out our coverage of Top Spin 2K2 and F1 Manager 2024. For everything else in gaming, keep it here at IGN. MMOexp.com provide the safest and cheapest College Football 25 Coins service.
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  • M. The Old Real News That Never Made The Fake News:

    https://beforeitsnews.com/crime-all-stars/2023/11/cia-torturing-sexually-abusing-killing-children-in-mind-control-programs-2495283.html

    https://beforeitsnews.com/crime-all-stars/2023/11/cia-torture-of-thousands-of-children-in-mind-control-experiments-part-two-2495286.html

    https://beforeitsnews.com/crime-all-stars/2023/11/cia-torturing-killing-children-in-mind-control-experiments-part-three-2495290.html

    https://beforeitsnews.com/crime-all-stars/2023/11/cia-tortuous-mind-control-experiments-on-children-part-4-2495291.html

    https://beforeitsnews.com/crime-all-stars/2023/11/cia-sexual-abuse-torture-of-children-used-to-blackmail-congress-part-five-2495294.html

    https://beforeitsnews.com/crime-all-stars/2023/11/congress-is-funding-the-cias-torture-of-children-2495305.html

    These 6 articles never made the main stream media a year ago.

    The source of this is located in the Judy Byington Report.
    https://operationdisclosureofficial.com/wp-content/uploads/2024/12/Restored-Republic-via-a-GCR-12-5-2024.docx
    M. The Old Real News That Never Made The Fake News: https://beforeitsnews.com/crime-all-stars/2023/11/cia-torturing-sexually-abusing-killing-children-in-mind-control-programs-2495283.html https://beforeitsnews.com/crime-all-stars/2023/11/cia-torture-of-thousands-of-children-in-mind-control-experiments-part-two-2495286.html https://beforeitsnews.com/crime-all-stars/2023/11/cia-torturing-killing-children-in-mind-control-experiments-part-three-2495290.html https://beforeitsnews.com/crime-all-stars/2023/11/cia-tortuous-mind-control-experiments-on-children-part-4-2495291.html https://beforeitsnews.com/crime-all-stars/2023/11/cia-sexual-abuse-torture-of-children-used-to-blackmail-congress-part-five-2495294.html https://beforeitsnews.com/crime-all-stars/2023/11/congress-is-funding-the-cias-torture-of-children-2495305.html These 6 articles never made the main stream media a year ago. The source of this is located in the Judy Byington Report. https://operationdisclosureofficial.com/wp-content/uploads/2024/12/Restored-Republic-via-a-GCR-12-5-2024.docx
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