• https://medforth.biz/austria-refugees-refuse-german-language-courses-because-of-female-teaching-staff/
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  • Genesis
    Chapter 11

    1 And the whole earth was of one language, and of one speech.

    2 And it came to pass, as they journeyed from the east, that they found a plain in the land of Shinar; and they dwelt there.

    3 And they said one to another, Go to, let us make brick, and burn them throughly. And they had brick for stone, and slime had they for morter.

    4 And they said, Go to, let us build us a city and a tower, whose top may reach unto heaven; and let us make us a name, lest we be scattered abroad upon the face of the whole earth.

    5 And the LORD came down to see the city and the tower, which the children of men builded.

    6 And the LORD said, Behold, the people is one, and they have all one language; and this they begin to do: and now nothing will be restrained from them, which they have imagined to do.

    7 Go to, let us go down, and there confound their language, that they may not understand one another's speech.

    8 So the LORD scattered them abroad from thence upon the face of all the earth: and they left off to build the city.

    9 Therefore is the name of it called Babel; because the LORD did there confound the language of all the earth: and from thence did the LORD scatter them abroad upon the face of all the earth.

    10 These are the generations of Shem: Shem was an hundred years old, and begat Arphaxad two years after the flood:

    11 And Shem lived after he begat Arphaxad five hundred years, and begat sons and daughters.

    12 And Arphaxad lived five and thirty years, and begat Salah:

    13 And Arphaxad lived after he begat Salah four hundred and three years, and begat sons and daughters.

    14 And Salah lived thirty years, and begat Eber:

    15 And Salah lived after he begat Eber four hundred and three years, and begat sons and daughters.

    16 And Eber lived four and thirty years, and begat Peleg:

    17 And Eber lived after he begat Peleg four hundred and thirty years, and begat sons and daughters.

    18 And Peleg lived thirty years, and begat Reu:

    19 And Peleg lived after he begat Reu two hundred and nine years, and begat sons and daughters.

    20 And Reu lived two and thirty years, and begat Serug:

    21 And Reu lived after he begat Serug two hundred and seven years, and begat sons and daughters.

    22 And Serug lived thirty years, and begat Nahor:

    23 And Serug lived after he begat Nahor two hundred years, and begat sons and daughters.

    24 And Nahor lived nine and twenty years, and begat Terah:

    25 And Nahor lived after he begat Terah an hundred and nineteen years, and begat sons and daughters.

    26 And Terah lived seventy years, and begat Abram, Nahor, and Haran.

    27 Now these are the generations of Terah: Terah begat Abram, Nahor, and Haran; and Haran begat Lot.

    28 And Haran died before his father Terah in the land of his nativity, in Ur of the Chaldees.

    29 And Abram and Nahor took them wives: the name of Abram's wife was Sarai; and the name of Nahor's wife, Milcah, the daughter of Haran, the father of Milcah, and the father of Iscah.

    30 But Sarai was barren; she had no child.

    31 And Terah took Abram his son, and Lot the son of Haran his son's son, and Sarai his daughter in law, his son Abram's wife; and they went forth with them from Ur of the Chaldees, to go into the land of Canaan; and they came unto Haran, and dwelt there.

    32 And the days of Terah were two hundred and five years: and Terah died in Haran.
    Genesis Chapter 11 1 And the whole earth was of one language, and of one speech. 2 And it came to pass, as they journeyed from the east, that they found a plain in the land of Shinar; and they dwelt there. 3 And they said one to another, Go to, let us make brick, and burn them throughly. And they had brick for stone, and slime had they for morter. 4 And they said, Go to, let us build us a city and a tower, whose top may reach unto heaven; and let us make us a name, lest we be scattered abroad upon the face of the whole earth. 5 And the LORD came down to see the city and the tower, which the children of men builded. 6 And the LORD said, Behold, the people is one, and they have all one language; and this they begin to do: and now nothing will be restrained from them, which they have imagined to do. 7 Go to, let us go down, and there confound their language, that they may not understand one another's speech. 8 So the LORD scattered them abroad from thence upon the face of all the earth: and they left off to build the city. 9 Therefore is the name of it called Babel; because the LORD did there confound the language of all the earth: and from thence did the LORD scatter them abroad upon the face of all the earth. 10 These are the generations of Shem: Shem was an hundred years old, and begat Arphaxad two years after the flood: 11 And Shem lived after he begat Arphaxad five hundred years, and begat sons and daughters. 12 And Arphaxad lived five and thirty years, and begat Salah: 13 And Arphaxad lived after he begat Salah four hundred and three years, and begat sons and daughters. 14 And Salah lived thirty years, and begat Eber: 15 And Salah lived after he begat Eber four hundred and three years, and begat sons and daughters. 16 And Eber lived four and thirty years, and begat Peleg: 17 And Eber lived after he begat Peleg four hundred and thirty years, and begat sons and daughters. 18 And Peleg lived thirty years, and begat Reu: 19 And Peleg lived after he begat Reu two hundred and nine years, and begat sons and daughters. 20 And Reu lived two and thirty years, and begat Serug: 21 And Reu lived after he begat Serug two hundred and seven years, and begat sons and daughters. 22 And Serug lived thirty years, and begat Nahor: 23 And Serug lived after he begat Nahor two hundred years, and begat sons and daughters. 24 And Nahor lived nine and twenty years, and begat Terah: 25 And Nahor lived after he begat Terah an hundred and nineteen years, and begat sons and daughters. 26 And Terah lived seventy years, and begat Abram, Nahor, and Haran. 27 Now these are the generations of Terah: Terah begat Abram, Nahor, and Haran; and Haran begat Lot. 28 And Haran died before his father Terah in the land of his nativity, in Ur of the Chaldees. 29 And Abram and Nahor took them wives: the name of Abram's wife was Sarai; and the name of Nahor's wife, Milcah, the daughter of Haran, the father of Milcah, and the father of Iscah. 30 But Sarai was barren; she had no child. 31 And Terah took Abram his son, and Lot the son of Haran his son's son, and Sarai his daughter in law, his son Abram's wife; and they went forth with them from Ur of the Chaldees, to go into the land of Canaan; and they came unto Haran, and dwelt there. 32 And the days of Terah were two hundred and five years: and Terah died in Haran.
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  • Via Kari Lake on Gettr:
    "I am honored that President Trump has asked me to lead the Voice of America.

    VOA is a vital international media outlet dedicated to advancing the interests of the United States by engaging directly with people across the globe and promoting democracy and truth.

    With an audience of 326 million people, Voice of America delivers information in 48 languages. Under my leadership, the VOA will excel in its mission: chronicling America’s achievements worldwide.

    Thank you for putting your trust in me, President Trump. I look forward to leading the Voice of America, and I can’t wait to get started."
    https://gettr.com/post/p3esizw7e3e
    Via Kari Lake on Gettr: "I am honored that President Trump has asked me to lead the Voice of America. VOA is a vital international media outlet dedicated to advancing the interests of the United States by engaging directly with people across the globe and promoting democracy and truth. With an audience of 326 million people, Voice of America delivers information in 48 languages. Under my leadership, the VOA will excel in its mission: chronicling America’s achievements worldwide. Thank you for putting your trust in me, President Trump. I look forward to leading the Voice of America, and I can’t wait to get started." https://gettr.com/post/p3esizw7e3e
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  • Via Kari Lake on Gettr:
    "I am honored that President Trump has asked me to lead the Voice of America.

    VOA is a vital international media outlet dedicated to advancing the interests of the United States by engaging directly with people across the globe and promoting democracy and truth.

    With an audience of 326 million people, Voice of America delivers information in 48 languages. Under my leadership, the VOA will excel in its mission: chronicling America’s achievements worldwide.

    Thank you for putting your trust in me, President Trump. I look forward to leading the Voice of America, and I can’t wait to get started."
    https://gettr.com/post/p3esizw7e3e
    Via Kari Lake on Gettr: "I am honored that President Trump has asked me to lead the Voice of America. VOA is a vital international media outlet dedicated to advancing the interests of the United States by engaging directly with people across the globe and promoting democracy and truth. With an audience of 326 million people, Voice of America delivers information in 48 languages. Under my leadership, the VOA will excel in its mission: chronicling America’s achievements worldwide. Thank you for putting your trust in me, President Trump. I look forward to leading the Voice of America, and I can’t wait to get started." https://gettr.com/post/p3esizw7e3e
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  • FIGHT FIGHT FIGHT - BUILD BACK BETTER - AS IN THE DAYS OF NOAH!

    “When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity.”
    — Manly P. Hall

    https://old.bitchute.com/video/B53FPkjmSfc1/
    FIGHT FIGHT FIGHT - BUILD BACK BETTER - AS IN THE DAYS OF NOAH! “When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity.” — Manly P. Hall https://old.bitchute.com/video/B53FPkjmSfc1/
    OLD.BITCHUTE.COM
    Fight Fight Fight - Build Back Better - As In The Days Of Noah!
    I'm just showing you what they show us in our "scripted" reality. Thanks to all my supporters and subs. You help me find new connections all the time. It's definitely a group effort exposing these demons. One coincidence is a coincidence. 2 coincide…
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  • Can someone help me answer a few questions.
    Is everything xephula dead and gone? Is the x page for it even going to be used anymore? And if it is still being used, does any of the peoples out there want to collaborate and continue to use it on x? I enjoy what it stands for and don't want to see it disperse without trying to push forward. If someone is in charge of it on here, is their any chance that you would just want some contributors to the content? I just don't like using social media anymore but still want to contribute. I have several million views on IG and have been kicked off so many times for being to popular and using questionable language. I have filed reports with the BBB, FTC and have been getting very little, but yet noticable traction with my complaints and arguments over the past year when I started with mainstream social platforms. Comment below please. Very curious.
    Can someone help me answer a few questions. Is everything xephula dead and gone? Is the x page for it even going to be used anymore? And if it is still being used, does any of the peoples out there want to collaborate and continue to use it on x? I enjoy what it stands for and don't want to see it disperse without trying to push forward. If someone is in charge of it on here, is their any chance that you would just want some contributors to the content? I just don't like using social media anymore but still want to contribute. I have several million views on IG and have been kicked off so many times for being to popular and using questionable language. I have filed reports with the BBB, FTC and have been getting very little, but yet noticable traction with my complaints and arguments over the past year when I started with mainstream social platforms. Comment below please. Very curious.
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  • REPTILIANS, THEY ARE THE SWAMP & THEY RUN FAKE MEDIA & THE WORLD

    I generally don't pay much attention to stuff like this because they can do ANYTHING with video and photos these days! The news lady who had the fly come out of her eye, and then she ate it freaked me out some...

    But who knows, all of that could be the #Truth, and it could be deception!
    I KNOW that these demons WANT US BELIEVING IN ALIENS!!!

    Which "Aliens" is one thing that I can assure you DON'T EXIST!
    Demons however... I'm pretty certain they DO EXIST!

    Our biggest mistake in this world is believing that we can "Judge others' motives" based on a comparison to ourselves!!! If that makes sense!

    When you assume that someone "would NEVER DO THAT" it is because you are comparing them to your own morality"

    You believe that person "would never do that" because YOU cannot imagine
    "doing that" YOURSELF! But that is our biggest mistake folks!

    There are entities on this earth that have no issue doing ANYTHING!
    Including raping, torturing, mutilating, and killing BABIES!
    Then eating their flesh and drinking their blood

    WHO could do that???
    While YOU may not ever consider such a thing yourself....
    For others it's "just another day at the office"

    They even take pleasure in such a thing!
    THIS is the type of thing that makes me CERTAIN that Satan is real, demons are real

    And our bibles laid it all out for us, we just failed to TRULY BELIEVE IT!

    I know this for certain... I lived for 53 years on this earth...
    I can fit in as well at a Biker Party on the beach, as I can in a church house...

    I've got several preachers in my family that were actual Believers, not the phony "Christians" we mostly see today. And at the same time I've been the "Stand Up Guy"
    people counted on to NOT sell them out....

    I once THOUGHT I had a lot of knowledge about this world and what happens in it
    But I knew NOTHING until the day I got on my knees and asked my Father for forgiveness! At that point my life changed completely!

    The Father opened my eyes to the TRUTH of this world!
    And let me tell you, it's sure a lot different than I thought it was for 53 years!

    While I've never really been a "Criminal," I have always been an OUTLAW!
    And that is because I do NOT fit into the Satanic System of control in this world!

    I was only an "Outlaw" because the "Law" is Satanic!
    I only "bucked the system" because the system is Satanic, immoral, and wrong!

    It only took me 53 years (and a sincere prayer) to realize that I'm truly
    NOT OF THIS WORLD! It always felt WRONG because it always WAS WRONG!

    Shape Shifters??? Who knows
    No matter their shape or ability to "shift" #Evil exists in this world...
    And it is literally EVERYWHERE around you!

    "When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity."

    Manly P. Hall

    "Lords of the Dawn" ???
    Try demons and Devils

    https://old.bitchute.com/video/j3GVZFUCBngk/
    REPTILIANS, THEY ARE THE SWAMP & THEY RUN FAKE MEDIA & THE WORLD 🦎 I generally don't pay much attention to stuff like this because they can do ANYTHING with video and photos these days! The news lady who had the fly come out of her eye, and then she ate it freaked me out some... But who knows, all of that could be the #Truth, and it could be deception! I KNOW that these demons WANT US BELIEVING IN ALIENS!!! Which "Aliens" is one thing that I can assure you DON'T EXIST! Demons however... I'm pretty certain they DO EXIST! Our biggest mistake in this world is believing that we can "Judge others' motives" based on a comparison to ourselves!!! If that makes sense! When you assume that someone "would NEVER DO THAT" it is because you are comparing them to your own morality" You believe that person "would never do that" because YOU cannot imagine "doing that" YOURSELF! But that is our biggest mistake folks! There are entities on this earth that have no issue doing ANYTHING! Including raping, torturing, mutilating, and killing BABIES! Then eating their flesh and drinking their blood WHO could do that??? While YOU may not ever consider such a thing yourself.... For others it's "just another day at the office" They even take pleasure in such a thing! THIS is the type of thing that makes me CERTAIN that Satan is real, demons are real And our bibles laid it all out for us, we just failed to TRULY BELIEVE IT! I know this for certain... I lived for 53 years on this earth... I can fit in as well at a Biker Party on the beach, as I can in a church house... I've got several preachers in my family that were actual Believers, not the phony "Christians" we mostly see today. And at the same time I've been the "Stand Up Guy" people counted on to NOT sell them out.... I once THOUGHT I had a lot of knowledge about this world and what happens in it But I knew NOTHING until the day I got on my knees and asked my Father for forgiveness! At that point my life changed completely! The Father opened my eyes to the TRUTH of this world! And let me tell you, it's sure a lot different than I thought it was for 53 years! While I've never really been a "Criminal," I have always been an OUTLAW! And that is because I do NOT fit into the Satanic System of control in this world! I was only an "Outlaw" because the "Law" is Satanic! I only "bucked the system" because the system is Satanic, immoral, and wrong! It only took me 53 years (and a sincere prayer) to realize that I'm truly NOT OF THIS WORLD! It always felt WRONG because it always WAS WRONG! Shape Shifters??? Who knows No matter their shape or ability to "shift" #Evil exists in this world... And it is literally EVERYWHERE around you! "When the human race learns to read the language of symbolism, a great veil will fall from the eyes of men. They shall then know truth and, more than that, they shall realize that from the beginning truth has been in the world unrecognized, save by a small but gradually increasing number appointed by the Lords of the Dawn as ministers to the needs of human creatures struggling co regain their consciousness of divinity." Manly P. Hall "Lords of the Dawn" ??? Try demons and Devils https://old.bitchute.com/video/j3GVZFUCBngk/
    OLD.BITCHUTE.COM
    REPTILIANS, THEY ARE THE SWAMP & THEY RUN FAKE MEDIA & THE WORLD 🦎
    AS MUCH EVIDENCE AS YOU NEED TO SEE THE CREATURES WE SEE ON OR TEL-LIE-VISION SCREENS ARE NOT HUMAN, THEY ARE THE ORIGINAL SHAPE SHIFTERS AND THEY'VE BEEN BRAINWASHING US ALL SINCE WE HAVE BEEN BORN. ALL LIZARDS AND SHAPESHIFTERS - THEY ARE NOT HUM…
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  • NORTH Koreans Had Enough - They Want To Go Home
    https://www.youtube.com/watch?v=JGPlwEV5jAU
    1,218,379 views Dec 2, 2024 #militarydevelopments #themilitaryshow #militaryanalysis
    What happens when poorly trained North Korean soldiers are thrown into the brutal conflict between Russia and Ukraine? In this video, we dive into the shocking reality of North Korean troops sent to Kursk as part of Russia's desperate war efforts. From language barriers and inadequate training to their unpreparedness for Ukraine’s battle-hardened forces, these soldiers face a terrifying fate. Watch as we uncover their struggles, fears, and the devastating consequences of their deployment.
    NORTH Koreans Had Enough - They Want To Go Home https://www.youtube.com/watch?v=JGPlwEV5jAU 1,218,379 views Dec 2, 2024 #militarydevelopments #themilitaryshow #militaryanalysis What happens when poorly trained North Korean soldiers are thrown into the brutal conflict between Russia and Ukraine? In this video, we dive into the shocking reality of North Korean troops sent to Kursk as part of Russia's desperate war efforts. From language barriers and inadequate training to their unpreparedness for Ukraine’s battle-hardened forces, these soldiers face a terrifying fate. Watch as we uncover their struggles, fears, and the devastating consequences of their deployment.
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  • When Rejected in Writing no UM/UIM Coverage

    Read the full article at https://lnkd.in/gwt49KRg, see the full video at https://lnkd.in/ggwkMJ_U and at https://lnkd.in/gbFpkHtK and https://zalma.com/blog plus more than 4900 posts.

    When Rejected in Writing no UM/UIM Coverage
    Post 4939

    Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s counterclaim against Progressive, and in favor of Rasier-DC, LLC and Uber Technologies, Inc. on her crossclaim against those defendants.

    In Progressive Express Insurance Company v. Karina Monasterio, Uber Technologies, Inc., Rasier – DC, LLC, No. 24-11256, United States Court of Appeals, Eleventh Circuit (November 18, 2024) the Eleventh Circuit affirmed the USDC.

    FACTS

    Progressive sued for declaratory judgment.

    Monasterio counterclaimed seeking a declaration that Florida’s TNC Act required Progressive, Rasier-DC, and Uber to provide uninsured motorist coverage for her accident.

    Florida’s TNC Act required insurance coverage may be maintained by the TNC, the TNC driver, or the TNC vehicle owner, or it may be provided by a combination of their policies.

    FLORIDA UM/UIM COVERAGE REQUIREMENTS

    Florida Statutes provide that no motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any “specifically insured or identified motor vehicle” registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto.

    Neither Rasier-DC nor any other named insured paid the premium for uninsured motorist coverage.

    THE APPEAL

    The Eleventh Circuit concluded that the statutory text is clear. The policy was not issued for any “specifically insured or identified motor vehicle” registered or garaged in Florida. So, the requirements of the statute did not apply.

    Because statute did not require uninsured motorist coverage for the auto insurance policy the TNC Act did not.

    ZALMA OPINION

    It is always important for a court to read the language of the applicable statute and the policy to determine coverage on an automobile insurance policy. Here the TNC, Raiser-DC rejected UM/UIM coverage and coverage was clearly not required by the statute. The only question I have is why the parties thought it was worth their time and effort to appeal to the Eleventh Circuit.

    (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://lnkd.in/gmmzUVBy
    Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    When Rejected in Writing no UM/UIM Coverage Read the full article at https://lnkd.in/gwt49KRg, see the full video at https://lnkd.in/ggwkMJ_U and at https://lnkd.in/gbFpkHtK and https://zalma.com/blog plus more than 4900 posts. When Rejected in Writing no UM/UIM Coverage Post 4939 Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s counterclaim against Progressive, and in favor of Rasier-DC, LLC and Uber Technologies, Inc. on her crossclaim against those defendants. In Progressive Express Insurance Company v. Karina Monasterio, Uber Technologies, Inc., Rasier – DC, LLC, No. 24-11256, United States Court of Appeals, Eleventh Circuit (November 18, 2024) the Eleventh Circuit affirmed the USDC. FACTS Progressive sued for declaratory judgment. Monasterio counterclaimed seeking a declaration that Florida’s TNC Act required Progressive, Rasier-DC, and Uber to provide uninsured motorist coverage for her accident. Florida’s TNC Act required insurance coverage may be maintained by the TNC, the TNC driver, or the TNC vehicle owner, or it may be provided by a combination of their policies. FLORIDA UM/UIM COVERAGE REQUIREMENTS Florida Statutes provide that no motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any “specifically insured or identified motor vehicle” registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto. Neither Rasier-DC nor any other named insured paid the premium for uninsured motorist coverage. THE APPEAL The Eleventh Circuit concluded that the statutory text is clear. The policy was not issued for any “specifically insured or identified motor vehicle” registered or garaged in Florida. So, the requirements of the statute did not apply. Because statute did not require uninsured motorist coverage for the auto insurance policy the TNC Act did not. ZALMA OPINION It is always important for a court to read the language of the applicable statute and the policy to determine coverage on an automobile insurance policy. Here the TNC, Raiser-DC rejected UM/UIM coverage and coverage was clearly not required by the statute. The only question I have is why the parties thought it was worth their time and effort to appeal to the Eleventh Circuit. (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://lnkd.in/gmmzUVBy Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    LNKD.IN
    When Rejected in Writing no UM/UIM Coverage
    When Rejected in Writing no UM/UIM Coverage Post 4939 Posted on November 26, 2024 by Barry Zalma See the full video at https://rumble.com/v5sz2eb-when-rejected-in-writing-no-umuim-coverage.
    0 Comments 0 Shares 1K Views

  • 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/gwEYk
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