• 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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  • It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance!

    The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR......

    Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it!

    Well folks.... that time is OVER!
    It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes!

    The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation!

    A criminal corporation that has enslaved YOU!

    They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got!

    Every last one of them belong in prison or worse!
    I've just about had enough of their criminal behavior myself!

    https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html
    It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance! The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR...... Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it! Well folks.... that time is OVER! It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes! The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation! A criminal corporation that has enslaved YOU! They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got! Every last one of them belong in prison or worse! I've just about had enough of their criminal behavior myself! https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html
    0 Σχόλια 0 Μοιράστηκε 468 Views
  • Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims!

    And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans!


    I have been telling people this for YEARS!

    I install replacement windows for a living.....
    My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work!

    I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work.....

    I simply install windows, and MUST HAVE liability insurance!

    Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above!

    They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis

    Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have
    MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance?

    You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY???

    I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent..

    THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT!
    And that would make their premiums go up...

    And when it has happened several times
    (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again!

    This is something that MUST HAPPEN!
    We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE!

    And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS!

    If they turn them off it should be an automatic 25 years in prison!

    The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay

    THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS!

    Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever!

    STOP enabling criminal behavior by Police!
    STOP enabling criminals to walk free among us!

    DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE!

    Because if you should fail to do this....
    Your children and grandchildren will live as #Slaves and under #Tyranny

    https://www.minds.com/newsfeed/1651406135372025867
    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. § 241 and 18 U.S.C. § 242 every single time they violate the rights of Americans! I have been telling people this for YEARS! I install replacement windows for a living..... My job REQUIRES me to purchase a ONE MILLION DOLLAR general liability insurance policy. Without it I can't work! I DON'T carry a gun, shoot people, taze people, bust out people's car windows, imprison people with torture cuffs, or put people into a cage while I'm at work..... I simply install windows, and MUST HAVE liability insurance! Don't you think it's beyond reasonable to ask that #Police Officers be REQUIRED BY LAW to carry a general liability insurance policy, just like I have to have, since they DO all of the things listed above! They DO carry a gun, they DO commit violence against other Americans, they DO put people into shackles, they DO damage the property of Americans, and they DO harm Americans on a regular basis Is it REALLY necessary for ME to be forced to have general liability insurance in order to "Change a window" when we have MEN IN BODY ARMOR WITH GUNS AND TASERS who don't have insurance? You see..... Police definitely DON'T WANT to be required to purchase their own insurance policy! Do you know WHY??? I'll tell you... If these Police had their own liability insurance every time that an American citizen wins a case of police brutality or misconduct, and / or wrongful death when they kill the innocent.. THEIR INSURANCE WOULD HAVE TO PAY THE LAWSUIT! And that would make their premiums go up... And when it has happened several times (Like happens with bad cops) their policy would be CANCELLED leaving them unable to ever work as a police officer again! This is something that MUST HAPPEN! We can no longer tolerate a #Criminal gang of blue line thugs who are "Above the Law" and are NEVER HELD ACCOUNTABLE! And body cameras should be MANDATORY and activated throughout the shift of ALL POLICE OFFICERS! If they turn them off it should be an automatic 25 years in prison! The body cameras and dash cameras should be LIVE-STREAMED to servers controlled by CITIZEN OVERSIGHT COMMITTEES of regular Americans (Like myself and James Freeman) and to Police headquarters, after a 5 minute delay THE AMERICAN PEOPLE should NEVER get a redacted version of the body cameras, after all, THEY ARE THE BOSS! Every body camera in America should be viewable after a 5 minute delay, it should be released for ANYONE to look at it, at any time, and for any reason... and under NO CIRCUMSTANCES should it be edited whatsoever! STOP enabling criminal behavior by Police! STOP enabling criminals to walk free among us! DEMAND POLICE ACCOUNTABILITY WITH EVERY BREATHE YOU TAKE, RIGHT UP UNTIL THE VERY LAST ONE! Because if you should fail to do this.... Your children and grandchildren will live as #Slaves and under #Tyranny https://www.minds.com/newsfeed/1651406135372025867
    WWW.MINDS.COM
    Police should be REQUIRED BY LAW to have an active insurance policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 an... | Minds
    ...nce policy for general liability, to pay out the lawsuits and police misconduct claims! And those cops should also be CRIMINALLY CHARGED under federal law, Title 18 U.S.C. ?? 241 and 18 U.S.C. ...
    0 Σχόλια 0 Μοιράστηκε 766 Views

  • Occam’s Razor

    Exclusion for Work Performed by Insured Defeats Claim for Construction Defects
    Post 4935

    Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts.

    The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project.

    APPLICATION OF OCCAM’S RAZOR

    The analysis technique that proposes that the simplest of competing theories be preferred to the more complex.

    FACTUAL BACKGROUND

    Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed.

    From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project.

    Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction.

    DUTY TO DEFEND

    Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage.

    The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project.

    ANALYSIS

    The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply?

    The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute.

    THE HOLDING

    There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it.

    The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole.

    Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied.

    ZALMA OPINION

    This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk

    Subscribe to my substack at https://lnkd.in/gmmzUVBy
    Occam’s Razor Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts. The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project. APPLICATION OF OCCAM’S RAZOR The analysis technique that proposes that the simplest of competing theories be preferred to the more complex. FACTUAL BACKGROUND Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed. From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project. Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction. DUTY TO DEFEND Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage. The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project. ANALYSIS The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply? The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute. THE HOLDING There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole. Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied. ZALMA OPINION This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk Subscribe to my substack at https://lnkd.in/gmmzUVBy
    LNKD.IN
    Occam’s Razor
    Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Posted on November 18, 2024 by Barry Zalma See the full video at https://rumble.com/v5po3z8-occams-razor.
    0 Σχόλια 0 Μοιράστηκε 665 Views

  • Bad Faith Set Up Fails

    Read the full article at https://www.linkedin.com/pulse/bad-faith-set-up-fails-barry-zalma-esq-cfe-jllxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.
    Inadequate Information Made Refusal to Pay Policy Limits Not Bad Faith

    INADEQUATE MEDICAL AUTHORIZATION USED TO CAUSE INSURER TO REFUSE SETTLEMENT DEMAND

    Post 4930

    Kara Flick appealed from the judgment after a jury rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. Flick contends the judgment should be reversed due to juror misconduct.

    In KARA FLICK v. UNITED SERVICES AUTOMOBILE ASSOCIATION, B330507, California Court of Appeals, Second District, Sixth Division (November 5, 2024) the Court of Appeals resolved the dispute.

    FACTUAL HISTORY

    After sustaining injuries in an automobile accident caused by Francisco Reyes, Jr., Flick had her attorney send Reyes's insurer, the United Services Automobile Association (USAA), a letter explaining the severity of her injuries and an authorization for the release of her medical records. Flick's attorney followed up with a settlement demand two months later, requesting that USAA pay Flick the entirety of Reyes's $100,000 policy limit in exchange for a release of liability. Attached to the demand was a single medical record from Flick's neurologist.

    USAA investigated Flick's claim and determined it did not have sufficient information to accept or reject her demand. Flick then filed a personal injury lawsuit against Reyes. The jury found in her favor and awarded nearly $1.7 million in damages.

    Flick, with an assignment from the Reyes, sued USAA for breach of contract and breach of the implied covenant of good faith and fair dealing.

    TRIAL

    At trial, a USAA claims adjustor admitted that Reyes was fully at fault for the accident with Flick. Reyes could therefore be exposed to liability in excess of his policy limits-if Flick provided sufficient documentation to support her claim.

    USAA's expert on insurance claims handling and another of its claims service managers both agreed with the supervisor that Flick's authorization was invalid and inadequate to allow USAA to obtain Flick's medical records.

    USAA needed additional records before it could determine the value of Flick's claim. Those records could have included the medical bills Flick provided to her own insurance company, the multiple doctor's notes she had excusing her from work, or the thumb drive recording her purported speech problems, all of which were entered into evidence at her personal injury trial. Because they were not provided to USAA, it was "very difficult to place a value on" Flick's claim.

    Flick's expert testified that USAA's handling of the settlement demand "was clearly unreasonable."

    Flick also did not respond to USAA's requests for additional information.

    By a vote of nine to three, the jury found that Flick did not make a reasonable settlement demand of USAA and rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The trial court polled the jury, and each juror confirmed their vote.

    DISCUSSION

    The Court of Appeals concluded the trial court did not abuse its discretion in denying Flick's new trial motion. USAA successfully rebutted the presumption of prejudice by showing there is no reasonable probability that the juror, D.C.'s misconduct by not explaining he did not hear all of the adjuster's testimony, actually harmed Flick.

    Much of the adjustor's testimony consisted of facts regarding his communications with Flick's attorney - facts that were undisputed.

    What was disputed-whether Flick's settlement demand was reasonable-was the subject of other witness testimony, including USAA's expert on insurance claims handling, its supervising claims service manager, Flick's personal injury attorney, and her expert witness on insurance claims handling.

    What the admitted evidence showed was that D.C. confirmed multiple times that he voted that Flick did not make a reasonable settlement demand:

    Based on this record there was no reasonable probability that D.C.'s alleged juror misconduct actually harmed Flick.

    ZALMA OPINION

    The tort of bad faith arose from abuse by insurers on those they insured. Since its adoption in California about three quarters of a century ago, the abuse has been turned on to insurers. Ms. Flick's counsel placed a demand for settlement on USAA that it could not reasonably and in good faith to its insured, Reyes, because it was incomplete and inadequately supported and forced Flick and Reyes go through a trial where she received an uncollectible judgment against Reyes in hopes of a gigantic bad faith judgment. After much litigation and USAA spending a great deal to defend itself she received the $100,000 policy limit. USAA was punished but neither Flick nor her lawyers profited from the scheme or the appeal.

    (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
    Bad Faith Set Up Fails Read the full article at https://www.linkedin.com/pulse/bad-faith-set-up-fails-barry-zalma-esq-cfe-jllxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Inadequate Information Made Refusal to Pay Policy Limits Not Bad Faith INADEQUATE MEDICAL AUTHORIZATION USED TO CAUSE INSURER TO REFUSE SETTLEMENT DEMAND Post 4930 Kara Flick appealed from the judgment after a jury rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. Flick contends the judgment should be reversed due to juror misconduct. In KARA FLICK v. UNITED SERVICES AUTOMOBILE ASSOCIATION, B330507, California Court of Appeals, Second District, Sixth Division (November 5, 2024) the Court of Appeals resolved the dispute. FACTUAL HISTORY After sustaining injuries in an automobile accident caused by Francisco Reyes, Jr., Flick had her attorney send Reyes's insurer, the United Services Automobile Association (USAA), a letter explaining the severity of her injuries and an authorization for the release of her medical records. Flick's attorney followed up with a settlement demand two months later, requesting that USAA pay Flick the entirety of Reyes's $100,000 policy limit in exchange for a release of liability. Attached to the demand was a single medical record from Flick's neurologist. USAA investigated Flick's claim and determined it did not have sufficient information to accept or reject her demand. Flick then filed a personal injury lawsuit against Reyes. The jury found in her favor and awarded nearly $1.7 million in damages. Flick, with an assignment from the Reyes, sued USAA for breach of contract and breach of the implied covenant of good faith and fair dealing. TRIAL At trial, a USAA claims adjustor admitted that Reyes was fully at fault for the accident with Flick. Reyes could therefore be exposed to liability in excess of his policy limits-if Flick provided sufficient documentation to support her claim. USAA's expert on insurance claims handling and another of its claims service managers both agreed with the supervisor that Flick's authorization was invalid and inadequate to allow USAA to obtain Flick's medical records. USAA needed additional records before it could determine the value of Flick's claim. Those records could have included the medical bills Flick provided to her own insurance company, the multiple doctor's notes she had excusing her from work, or the thumb drive recording her purported speech problems, all of which were entered into evidence at her personal injury trial. Because they were not provided to USAA, it was "very difficult to place a value on" Flick's claim. Flick's expert testified that USAA's handling of the settlement demand "was clearly unreasonable." Flick also did not respond to USAA's requests for additional information. By a vote of nine to three, the jury found that Flick did not make a reasonable settlement demand of USAA and rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The trial court polled the jury, and each juror confirmed their vote. DISCUSSION The Court of Appeals concluded the trial court did not abuse its discretion in denying Flick's new trial motion. USAA successfully rebutted the presumption of prejudice by showing there is no reasonable probability that the juror, D.C.'s misconduct by not explaining he did not hear all of the adjuster's testimony, actually harmed Flick. Much of the adjustor's testimony consisted of facts regarding his communications with Flick's attorney - facts that were undisputed. What was disputed-whether Flick's settlement demand was reasonable-was the subject of other witness testimony, including USAA's expert on insurance claims handling, its supervising claims service manager, Flick's personal injury attorney, and her expert witness on insurance claims handling. What the admitted evidence showed was that D.C. confirmed multiple times that he voted that Flick did not make a reasonable settlement demand: Based on this record there was no reasonable probability that D.C.'s alleged juror misconduct actually harmed Flick. ZALMA OPINION The tort of bad faith arose from abuse by insurers on those they insured. Since its adoption in California about three quarters of a century ago, the abuse has been turned on to insurers. Ms. Flick's counsel placed a demand for settlement on USAA that it could not reasonably and in good faith to its insured, Reyes, because it was incomplete and inadequately supported and forced Flick and Reyes go through a trial where she received an uncollectible judgment against Reyes in hopes of a gigantic bad faith judgment. After much litigation and USAA spending a great deal to defend itself she received the $100,000 policy limit. USAA was punished but neither Flick nor her lawyers profited from the scheme or the appeal. (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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  • NEW BODY CAM SHOWS POLICE ABUSE OF REBEKAH MASSIE

    More #Police & #Government #Criminals
    Every last scumbag responsible for this should be in JAIL!

    I'm talking about ALL of the City Council AND every Cop involved!

    Until there is actual ACCOUNTABILITY this will continue!
    The Police Officer needs to be CHARGED under TITLE 18 U.S.C. § 241 and 18 U.S.C. § 242 EVERY TIME THEY VIOLATE RIGHTS!

    Secondly, Police need to be REQUIRED BY LAW to carry ACTIVE liability insurance in order to be ELIGIBLE TO WORK AS A LEO, and if that insurance is cancelled they should lose their LEO's Certification and be fired if working as a LEO!

    Thirdly, when Police are sued for civil rights violations THE OFFICER HIMSELF should be the defendant, AND responsible for paying out any award or damages!

    Their Liability Insurance should have to pay, NOT TAXPAYERS!

    And lastly....
    Officers sued for civil rights violations should also be CHARGED CRIMINALLY and sent to PRISON just like any other American!

    As a matter of fact, POLICE OFFICERS should have their "occupation" removed from any and ALL court documents. EVERYONE'S OCCUPATION should be removed from ALL COURT DOCUMENTS so that judges sentence EVERYONE THE SAME!

    Of course judges are #Criminals too!
    As are Prosecutors!

    The entire system is corrupt top to bottom!
    But these things would certainly HELP until such time we remove the CORPORATION of the United States from American soil permanently and forever!

    IMAGINE THE DIFFERENCE IT WOULD MAKE IF POLICE HAD TO FACE THE CONSEQUENCES OF THEIR UNLAWFUL ACTIONS!!!

    Right now they KNOW they won't be held accountable!
    Imagine if they faced JUSTICE like everyone else does, and would be sent to PRISON for falsely imprisoning and kidnapping Americans, beating them up, assaulting and torturing them, treating them like animals....

    Just IMAGINE the difference that would make in their "Holier than Thou" demeanor! And their purely CRIMINAL behavior

    ALL OF THIS MISCONDUCT, ABUSE, UNLAWFUL DETAINMENT AND IMPRISONMENT, KIDNAPPING OF THE CHILD ETC.... IS ALL ON VIDEO FOLKS!

    HOW LONG WOULD IT TAKE A JURY OF 12 TO CONVICT
    EVERY ONE OF THESE PEOPLE??? ABOUT 30 SECONDS!

    And that is exactly what should be happening!
    There is absolutely no excuse for NOT PROSECUTING these criminals

    https://old.bitchute.com/video/Nepmfu8LqXc/
    NEW BODY CAM SHOWS POLICE ABUSE OF REBEKAH MASSIE More #Police & #Government #Criminals Every last scumbag responsible for this should be in JAIL! I'm talking about ALL of the City Council AND every Cop involved! Until there is actual ACCOUNTABILITY this will continue! The Police Officer needs to be CHARGED under TITLE 18 U.S.C. § 241 and 18 U.S.C. § 242 EVERY TIME THEY VIOLATE RIGHTS! Secondly, Police need to be REQUIRED BY LAW to carry ACTIVE liability insurance in order to be ELIGIBLE TO WORK AS A LEO, and if that insurance is cancelled they should lose their LEO's Certification and be fired if working as a LEO! Thirdly, when Police are sued for civil rights violations THE OFFICER HIMSELF should be the defendant, AND responsible for paying out any award or damages! Their Liability Insurance should have to pay, NOT TAXPAYERS! And lastly.... Officers sued for civil rights violations should also be CHARGED CRIMINALLY and sent to PRISON just like any other American! As a matter of fact, POLICE OFFICERS should have their "occupation" removed from any and ALL court documents. EVERYONE'S OCCUPATION should be removed from ALL COURT DOCUMENTS so that judges sentence EVERYONE THE SAME! Of course judges are #Criminals too! As are Prosecutors! The entire system is corrupt top to bottom! But these things would certainly HELP until such time we remove the CORPORATION of the United States from American soil permanently and forever! IMAGINE THE DIFFERENCE IT WOULD MAKE IF POLICE HAD TO FACE THE CONSEQUENCES OF THEIR UNLAWFUL ACTIONS!!! Right now they KNOW they won't be held accountable! Imagine if they faced JUSTICE like everyone else does, and would be sent to PRISON for falsely imprisoning and kidnapping Americans, beating them up, assaulting and torturing them, treating them like animals.... Just IMAGINE the difference that would make in their "Holier than Thou" demeanor! And their purely CRIMINAL behavior ALL OF THIS MISCONDUCT, ABUSE, UNLAWFUL DETAINMENT AND IMPRISONMENT, KIDNAPPING OF THE CHILD ETC.... IS ALL ON VIDEO FOLKS! HOW LONG WOULD IT TAKE A JURY OF 12 TO CONVICT EVERY ONE OF THESE PEOPLE??? ABOUT 30 SECONDS! And that is exactly what should be happening! There is absolutely no excuse for NOT PROSECUTING these criminals https://old.bitchute.com/video/Nepmfu8LqXc/
    OLD.BITCHUTE.COM
    NEW BODY CAM Shows Police Abuse of Rebekah Massie
    🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Become a member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/join Support the channel: ⭐ Patreon: https://www.patreon.com/highimpactflix ✅ CashApp: https://cash.app/$HighImpactDonate…
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  • Parliament at a standstill over scandal-plagued yet immune-from-liability Liberals
    #NoMoreLiberalsAndNDP
    #SayingTheQuietPartOutLoud
    #resigntrudeau
    #JustSayNoMore
    https://www.rebelnews.com/parliament_at_a_standstill_over_scandal_plagued_yet_immune_from_liability_liberals?recruiter_id=28270

    Parliament at a standstill over scandal-plagued yet immune-from-liability Liberals 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/parliament_at_a_standstill_over_scandal_plagued_yet_immune_from_liability_liberals?recruiter_id=28270
    WWW.REBELNEWS.COM
    Parliament at a standstill over scandal-plagued yet immune-from-liability Liberals
    As the Liberals continue to violate parliamentary rules by withholding documents relating to their corrupt conduct, the Conservatives are stepping up with motions to force disclosure around the rampant misuse of taxpayer dollars funnelled into private companies, representing a crucial step toward restoring accountability and transparency in government.
    0 Σχόλια 0 Μοιράστηκε 547 Views
  • GOOD MORNING FRIENDS AND FOLLOWERS: AS MANY OF YOU KNOW, I LIVE RETIRED IN THE U.S. TERRITORY OF PUERTO RICO IN THE CARIBBEAN. MOVING HERE WASN'T A BAD IDEA: TROPICAL WEATHER, CLOSE TO THE SEA SHORE, NO NEED FOR HEATING BILLS, NO SHOVELING SNOW, NO HEAVY CLOTHES, NO DRIVING ON BLACK ICE AND STILL IN THE U.S.A. EVEN BETTER: HAVING MY OWN HOME BUILT STRONGER THAN IN THE MAINLAND AND NO PROPERTY TAXES IF THE HOUSE IS YOUR MAIN PLACE OF RESIDENCE, NO COMPULSORY HOME INSURANCE AND CAR INSURANCE IS ONLY ONE PAYMENT A YEAR OF LESS THAN $200 FOR BASIC LIABILITY AND IT COMES ATTACHED TO THE REGISTRATION. IT COULD HAVE BEEN PARADISE UNTIL IN 2020, THE GLOBAL POWERS DECLARED A GLOBAL "PANDEMIC". THE TYRANNY THAT FOLLOWED, VARIED DEPENDING ON THE COUNTRY OR STATE WHERE YOU LIVED IN. HERE IN PUERTO RICO, THE TYRANNY WAS ONE OF THE WORST IN THE U.S. COMPULSORY LOCKDOWN, WEARING MASK ALL THE TIME, KEEPING 6 FEET APART FROM OTHER PEOPLE... STREETS WERE EMPTY, BUSINESSES CLOSED... ONCE I WAS WALKING IN TOWN WITH MY WIFE, GOING TO A GROCERY MINI MARKET TO GET SOME FOOD AND WE WERE STOPPED BY THE POLICE TELLING US THAT WE HAD TO WALK 6 FEET AWAY FROM EACH OTHER (BEING HUSBAND AND WIFE), THEY ASKED WHERE WE WERE GOING TO AND WE TOLD THEM THE TRUTH, THEY SAID 'GO BACK HOME, THE GROCERY IS CLOSED'. WE KNEW PHARMACIES REMAINED OPEN, SO WE SAID THAT WE NEEDED SOMETHING FROM THE PHARMACY AND KEPT ON WALKING. THE POLICE LIED TO US, THE GROCERY WAS OPEN. ANOTHER TIME, ON A SUNDAY MORNING WITH STREETS TOTALLY EMPTY, I WAS ALONE IN MY CAR WITHOUT MASK AND STEPPED OUTSIDE THE CAR FOR A FEW SECONDS TO DEPOSIT SOME MAIL IN A MAIL BOX LOCATED IN THE SIDEWALK, OUT OF NOWHERE, A POLICE WOMAN CAME, THREATENING ME WITH ARREST FOR BEING OUTSIDE WITHOUT A MASK, I RAN BACK TO THE CAR AND STEPPED ON THE GAS... A YOUNG GUY WAS BEATEN AND ARRESTED FOR BEING ON A BICYCLE WITHOUT MASK... THEN CAME THE SOLUTION: THE VACCINES. THE REMEDY WAS WORSE THAN THE SICKNESS. VACCINATION WAS QUASI COMPULSORY: NO VACCINE, NO JOB, NO VACCINE, NO SCHOOL, NO VACCINE, NO EATING IN RESTAURANTS OR EVEN GOING TO THE BEACH, NO SERVICES, NO ENTRANCE IN PUBLIC PLACES, DOCTORS WERE TELLING PATIENTS 'WITHOUT VACCINE YOU CAN'T EVEN STAND OUTSIDE THE DOOR OF THE DOCTOR'S OFFICE', MEDICAL TREATMENTS AND EVEN LIFE OR DEATH SURGERIES WERE DENIED TO THE NON VACCINATED... PEOPLE WERE DYING FOR BEING DENIED MEDICAL SERVICES. MY WIFE NEEDED AN ANNUAL MEDICAL TEST AND HAD TO RUN TO A FREE STATE TO GET IT... SHE'S NEVER COMING BACK TO THIS 'SHITHOLE'. IN ORDER TO LIVE A MORE NORMAL LIFE, ABOUT 90% OF THE PEOPLE GOT VACCINATED MULTIPLE TIMES, BECAUSE ONE DOSE WAS NOT ENOUGH, IN ORDER TO KEEP YOUR JOB, YOU HAD TO HAVE YOUR VACCINES UP TO DATE... THEN THE SAME NEWS REPEATING EVERYDAY ON THE RADIO, DIFFERENT PEOPLE, DIFFERENT LOCATION BUT BASICALLY THE SAME NEWS: 'DRIVER LOST CONTROL OF A VEHICLE, IMPACTED A TREE, A WALL OR A UTILITY POLE AND DIED INSTANTLY... OF COURSE, IT WAS A VACCINE INDUCED HEART ATTACK WHILE DRIVING. IN OTHER NEWS: 'A DEAD STINKY BODY OF A MAN OR WOMAN IS FOUND IN A HOUSE OR APARTMENT WITH NO SIGN OF VIOLENCE, WHEN NEIGHBORS CALLED 911 AFTER THE BAD SMELL WAS COMING OUT OF THE WINDOWS. THE SAME NEWS, DIFFERENT LOCATIONS. THIS IS ONE OF THE WORST: 'BABY FOUND DEAD AT HOME WITHOUT SIGNS OF MISTREATMENT'. SAME NEWS, DIFFERENT BABIES, PROBABLY BY DRINKING BREAST MILK FROM VACCINATED MOTHERS. THEN YOUNGER PEOPLE STARTED DYING SUDDENLY WITHOUT EXPLANATION. RECENTLY, A FEMALE ATHLETE FROM PUERTO RICO (29) DIED IN A SPORT COMPETITION IN TURKEY, EVEN BEFORE SHE PLAYED. A COUPLE OF DAYS LATER, A POLICE WOMAN (28) COLLAPSED AND DIED. THE NEWS NEVER GIVE ANY INFORMATION ON THE CAUSE OF DEATH... AND THEN, THE 'TURBO CANCERS'. YOUNGER PEOPLE ARE BEING DIAGNOSED WITH CANCER THAT FROM THE MOMENT OF DIAGNOSIS IS ALREADY IN PHASE 4 AND THEY ARE NOT LASTING VERY LONG. ACCORDING TO A GRAPHIC LEFT BY THE LATE DOCTOR ZELENKO, THE EFFECTS OF THE VACCINES WILL LAST FOR UP TO 10 YEARS, WITHIN THAT PERIOD, THE VACCINATED WILL BE DYING BUT THE DIAGNOSIS WILL BE ANY KNOWN ILLNESS, NEVER BLAMING THE VACCINES. THE BAD NEWS IS, THE VACCINATED MAY FEEL FINE NOW BUT BEFORE 10 YEARS AFTER THE SHOTS, THEY WILL BE GONE. IT'S THE PERFECT CRIME, A HOLOCAUST AND NOBODY IS PAYING THE PRICE FOR KILLING PEOPLE.
    GOOD MORNING FRIENDS AND FOLLOWERS: AS MANY OF YOU KNOW, I LIVE RETIRED IN THE U.S. TERRITORY OF PUERTO RICO IN THE CARIBBEAN. MOVING HERE WASN'T A BAD IDEA: TROPICAL WEATHER, CLOSE TO THE SEA SHORE, NO NEED FOR HEATING BILLS, NO SHOVELING SNOW, NO HEAVY CLOTHES, NO DRIVING ON BLACK ICE AND STILL IN THE U.S.A. EVEN BETTER: HAVING MY OWN HOME BUILT STRONGER THAN IN THE MAINLAND AND NO PROPERTY TAXES IF THE HOUSE IS YOUR MAIN PLACE OF RESIDENCE, NO COMPULSORY HOME INSURANCE AND CAR INSURANCE IS ONLY ONE PAYMENT A YEAR OF LESS THAN $200 FOR BASIC LIABILITY AND IT COMES ATTACHED TO THE REGISTRATION. IT COULD HAVE BEEN PARADISE UNTIL IN 2020, THE GLOBAL POWERS DECLARED A GLOBAL "PANDEMIC". THE TYRANNY THAT FOLLOWED, VARIED DEPENDING ON THE COUNTRY OR STATE WHERE YOU LIVED IN. HERE IN PUERTO RICO, THE TYRANNY WAS ONE OF THE WORST IN THE U.S. COMPULSORY LOCKDOWN, WEARING MASK ALL THE TIME, KEEPING 6 FEET APART FROM OTHER PEOPLE... STREETS WERE EMPTY, BUSINESSES CLOSED... ONCE I WAS WALKING IN TOWN WITH MY WIFE, GOING TO A GROCERY MINI MARKET TO GET SOME FOOD AND WE WERE STOPPED BY THE POLICE TELLING US THAT WE HAD TO WALK 6 FEET AWAY FROM EACH OTHER (BEING HUSBAND AND WIFE), THEY ASKED WHERE WE WERE GOING TO AND WE TOLD THEM THE TRUTH, THEY SAID 'GO BACK HOME, THE GROCERY IS CLOSED'. WE KNEW PHARMACIES REMAINED OPEN, SO WE SAID THAT WE NEEDED SOMETHING FROM THE PHARMACY AND KEPT ON WALKING. THE POLICE LIED TO US, THE GROCERY WAS OPEN. ANOTHER TIME, ON A SUNDAY MORNING WITH STREETS TOTALLY EMPTY, I WAS ALONE IN MY CAR WITHOUT MASK AND STEPPED OUTSIDE THE CAR FOR A FEW SECONDS TO DEPOSIT SOME MAIL IN A MAIL BOX LOCATED IN THE SIDEWALK, OUT OF NOWHERE, A POLICE WOMAN CAME, THREATENING ME WITH ARREST FOR BEING OUTSIDE WITHOUT A MASK, I RAN BACK TO THE CAR AND STEPPED ON THE GAS... A YOUNG GUY WAS BEATEN AND ARRESTED FOR BEING ON A BICYCLE WITHOUT MASK... THEN CAME THE SOLUTION: THE VACCINES. THE REMEDY WAS WORSE THAN THE SICKNESS. VACCINATION WAS QUASI COMPULSORY: NO VACCINE, NO JOB, NO VACCINE, NO SCHOOL, NO VACCINE, NO EATING IN RESTAURANTS OR EVEN GOING TO THE BEACH, NO SERVICES, NO ENTRANCE IN PUBLIC PLACES, DOCTORS WERE TELLING PATIENTS 'WITHOUT VACCINE YOU CAN'T EVEN STAND OUTSIDE THE DOOR OF THE DOCTOR'S OFFICE', MEDICAL TREATMENTS AND EVEN LIFE OR DEATH SURGERIES WERE DENIED TO THE NON VACCINATED... PEOPLE WERE DYING FOR BEING DENIED MEDICAL SERVICES. MY WIFE NEEDED AN ANNUAL MEDICAL TEST AND HAD TO RUN TO A FREE STATE TO GET IT... SHE'S NEVER COMING BACK TO THIS 'SHITHOLE'. IN ORDER TO LIVE A MORE NORMAL LIFE, ABOUT 90% OF THE PEOPLE GOT VACCINATED MULTIPLE TIMES, BECAUSE ONE DOSE WAS NOT ENOUGH, IN ORDER TO KEEP YOUR JOB, YOU HAD TO HAVE YOUR VACCINES UP TO DATE... THEN THE SAME NEWS REPEATING EVERYDAY ON THE RADIO, DIFFERENT PEOPLE, DIFFERENT LOCATION BUT BASICALLY THE SAME NEWS: 'DRIVER LOST CONTROL OF A VEHICLE, IMPACTED A TREE, A WALL OR A UTILITY POLE AND DIED INSTANTLY... OF COURSE, IT WAS A VACCINE INDUCED HEART ATTACK WHILE DRIVING. IN OTHER NEWS: 'A DEAD STINKY BODY OF A MAN OR WOMAN IS FOUND IN A HOUSE OR APARTMENT WITH NO SIGN OF VIOLENCE, WHEN NEIGHBORS CALLED 911 AFTER THE BAD SMELL WAS COMING OUT OF THE WINDOWS. THE SAME NEWS, DIFFERENT LOCATIONS. THIS IS ONE OF THE WORST: 'BABY FOUND DEAD AT HOME WITHOUT SIGNS OF MISTREATMENT'. SAME NEWS, DIFFERENT BABIES, PROBABLY BY DRINKING BREAST MILK FROM VACCINATED MOTHERS. THEN YOUNGER PEOPLE STARTED DYING SUDDENLY WITHOUT EXPLANATION. RECENTLY, A FEMALE ATHLETE FROM PUERTO RICO (29) DIED IN A SPORT COMPETITION IN TURKEY, EVEN BEFORE SHE PLAYED. A COUPLE OF DAYS LATER, A POLICE WOMAN (28) COLLAPSED AND DIED. THE NEWS NEVER GIVE ANY INFORMATION ON THE CAUSE OF DEATH... AND THEN, THE 'TURBO CANCERS'. YOUNGER PEOPLE ARE BEING DIAGNOSED WITH CANCER THAT FROM THE MOMENT OF DIAGNOSIS IS ALREADY IN PHASE 4 AND THEY ARE NOT LASTING VERY LONG. ACCORDING TO A GRAPHIC LEFT BY THE LATE DOCTOR ZELENKO, THE EFFECTS OF THE VACCINES WILL LAST FOR UP TO 10 YEARS, WITHIN THAT PERIOD, THE VACCINATED WILL BE DYING BUT THE DIAGNOSIS WILL BE ANY KNOWN ILLNESS, NEVER BLAMING THE VACCINES. THE BAD NEWS IS, THE VACCINATED MAY FEEL FINE NOW BUT BEFORE 10 YEARS AFTER THE SHOTS, THEY WILL BE GONE. IT'S THE PERFECT CRIME, A HOLOCAUST AND NOBODY IS PAYING THE PRICE FOR KILLING PEOPLE.
    Angry
    1
    0 Σχόλια 2 Μοιράστηκε 3χλμ. Views 8
  • If #Vaccines were actually "good" for your child's health.....
    WHY would big pharma give bonuses to doctors for pushing them on you?

    Vaccines are T0XIC and cause lifelong illnesses, contain aluminum, mercury, and other toxins... Do you REALLY believe that injecting your child with MERCURY is "healthy" for the child???

    Do you REALLY believe that an industry that profits from SICK PEOPLE has any interests whatsoever in making your child healthy?

    Do you REALLY believe that #Congress would need to shield vaccine manufacturers from ALL LIABILITY related to your child's reaction to these "vaccines" if they were actually beneficial to your child's health???

    I mean WHY would a corporation seek
    COMPLETE AND TOTAL IMMUNITY FROM LIABILITY and PROSECUTION if their product was safe???

    EVERY YEAR we have MORE VACCINES....
    And EVERY YEAR health declines in America and the WORLD!

    Rates of Autism have climbed from non-existent,
    to about 1 in 35,000 in 1960, to 1 in 28 in 2024....

    And during the SAME TIME FRAME the "vaccines" suggested by their
    PATENT HOLDER ( THE #CDC MAKES MONEY SELLING VACCINES )
    have went froom suggesting 7 vaccines, to suggesting 84 vaccines!

    YOUR CHILDREN are dying and being damaged by these vaccines, which are pushed by the #Luciferian scumbags at the CDC, whop profits from EVERY VACCINE SALE!

    WAKE UP!
    Before you turn your child into a sickly (or DEAD) vegetable!

    Are you REALLY telling your Creator that YOU TRUST MAN more than Him???
    He designed you PERFECTLY, and you don't need a vaccine!

    Vaccines were created to poison, kill, and CONTROL the people of the world!
    So just STOP POISONING YOUR CHILDREN!

    Doctors who are honest will tell you, their HEALTHIEST PATIENTS are their UNVACCINATED PATIENTS!
    If #Vaccines were actually "good" for your child's health..... WHY would big pharma give bonuses to doctors for pushing them on you? Vaccines are T0XIC and cause lifelong illnesses, contain aluminum, mercury, and other toxins... Do you REALLY believe that injecting your child with MERCURY is "healthy" for the child??? Do you REALLY believe that an industry that profits from SICK PEOPLE has any interests whatsoever in making your child healthy? Do you REALLY believe that #Congress would need to shield vaccine manufacturers from ALL LIABILITY related to your child's reaction to these "vaccines" if they were actually beneficial to your child's health??? I mean WHY would a corporation seek COMPLETE AND TOTAL IMMUNITY FROM LIABILITY and PROSECUTION if their product was safe??? EVERY YEAR we have MORE VACCINES.... And EVERY YEAR health declines in America and the WORLD! Rates of Autism have climbed from non-existent, to about 1 in 35,000 in 1960, to 1 in 28 in 2024.... And during the SAME TIME FRAME the "vaccines" suggested by their PATENT HOLDER ( THE #CDC MAKES MONEY SELLING VACCINES ) have went froom suggesting 7 vaccines, to suggesting 84 vaccines! YOUR CHILDREN are dying and being damaged by these vaccines, which are pushed by the #Luciferian scumbags at the CDC, whop profits from EVERY VACCINE SALE! WAKE UP! Before you turn your child into a sickly (or DEAD) vegetable! Are you REALLY telling your Creator that YOU TRUST MAN more than Him??? He designed you PERFECTLY, and you don't need a vaccine! Vaccines were created to poison, kill, and CONTROL the people of the world! So just STOP POISONING YOUR CHILDREN! Doctors who are honest will tell you, their HEALTHIEST PATIENTS are their UNVACCINATED PATIENTS!
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  • Reminder the media knew all about Kamala Harris's addition problem throughout Biden's term - they were all calling for her replacement in his second term.

    Throughout President Biden’s first term, the mainstream media repeatedly questioned the fitness of Vice President Kamala Harris, casting doubt on her capability not only as the second-in-command but also as a potential successor to the presidency. The calls for Biden to select a new running mate for his second term were not mere whispers—they were headlines that dominated the news cycle.
    Headlines Over the Years

    "Kamala Harris Struggles to Define Role as Vice President Amid Criticism" – The New York Times, July 2021Just months into her tenure, Harris faced widespread criticism for her inability to establish herself as a strong and independent leader. The article highlighted her floundering performance and the lack of a clear role, leading many to question whether she was the right choice for such a crucial position.

    "Biden's Border Czar Under Fire: Can Kamala Harris Handle the Immigration Crisis?" – CNN, October 2021As the border crisis escalated, Harris, who was tasked with handling the issue, failed to provide effective leadership. Her reluctance to visit the border and her ambiguous statements on immigration raised concerns about her competence in managing such a critical national issue.

    "Kamala Harris’ Approval Ratings Plummet: What Does It Mean for 2024?" – ABC News, December 2022Harris’s approval ratings tanked, reaching record lows for a sitting vice president. The media began openly discussing whether Biden should consider replacing her on the 2024 ticket, citing her unpopularity as a potential liability for the Democratic Party.

    "Democrats Quietly Question Harris’ Leadership: Is It Time for a Change?" – The Washington Post, March 2023Prominent Democrats, frustrated with Harris’s lackluster performance and dwindling influence, began voicing their concerns more openly. The article suggested that even within her own party, there was growing support for Biden to consider a different running mate for his reelection campaign.

    "Kamala Harris Faces Backlash Over Foreign Policy Missteps" – Politico, June 2023 Harris’s foreign policy gaffes, particularly during her trips to Europe and Asia, were widely covered and criticized. Her apparent lack of preparation and inability to articulate coherent positions on key issues fueled further speculation about her unsuitability for the vice presidency, let alone the presidency.
    "Is Kamala Harris the Weakest Vice President in Modern History?" –

    The Atlantic, November 2023The Atlantic didn’t mince words in its scathing assessment of Harris’s term as vice president. The article detailed her numerous failures, from domestic policy to international diplomacy, and argued that Biden’s legacy could be at risk if he did not choose a more competent running mate for 2024.
    Unfit for Office?

    Kamala Harris’s time as vice president has been marked by a series of blunders, missteps, and a lack of decisive leadership. The mainstream media, usually an ally of the Democratic establishment, has not shied away from criticizing her, leading to widespread calls for her to be replaced on the 2024 ticket.

    Her inability to effectively handle major issues such as the border crisis, her plummeting approval ratings, and her numerous foreign policy missteps have made it clear that she is not just unfit for the presidency but perhaps even for the vice presidency. With Biden’s age and declining health, the possibility of Harris stepping into the role of president is a scenario that should give every American pause. The media’s consistent scrutiny and criticism over the last four years highlight the growing consensus that Harris was a poor choice from the start, and that the country deserves better leadership moving forward.
    h/t @rmlunn

    https://x.com/amuse/status/1825216374253494628
    Reminder the media knew all about Kamala Harris's addition problem throughout Biden's term - they were all calling for her replacement in his second term. Throughout President Biden’s first term, the mainstream media repeatedly questioned the fitness of Vice President Kamala Harris, casting doubt on her capability not only as the second-in-command but also as a potential successor to the presidency. The calls for Biden to select a new running mate for his second term were not mere whispers—they were headlines that dominated the news cycle. Headlines Over the Years "Kamala Harris Struggles to Define Role as Vice President Amid Criticism" – The New York Times, July 2021Just months into her tenure, Harris faced widespread criticism for her inability to establish herself as a strong and independent leader. The article highlighted her floundering performance and the lack of a clear role, leading many to question whether she was the right choice for such a crucial position. "Biden's Border Czar Under Fire: Can Kamala Harris Handle the Immigration Crisis?" – CNN, October 2021As the border crisis escalated, Harris, who was tasked with handling the issue, failed to provide effective leadership. Her reluctance to visit the border and her ambiguous statements on immigration raised concerns about her competence in managing such a critical national issue. "Kamala Harris’ Approval Ratings Plummet: What Does It Mean for 2024?" – ABC News, December 2022Harris’s approval ratings tanked, reaching record lows for a sitting vice president. The media began openly discussing whether Biden should consider replacing her on the 2024 ticket, citing her unpopularity as a potential liability for the Democratic Party. "Democrats Quietly Question Harris’ Leadership: Is It Time for a Change?" – The Washington Post, March 2023Prominent Democrats, frustrated with Harris’s lackluster performance and dwindling influence, began voicing their concerns more openly. The article suggested that even within her own party, there was growing support for Biden to consider a different running mate for his reelection campaign. "Kamala Harris Faces Backlash Over Foreign Policy Missteps" – Politico, June 2023 Harris’s foreign policy gaffes, particularly during her trips to Europe and Asia, were widely covered and criticized. Her apparent lack of preparation and inability to articulate coherent positions on key issues fueled further speculation about her unsuitability for the vice presidency, let alone the presidency. "Is Kamala Harris the Weakest Vice President in Modern History?" – The Atlantic, November 2023The Atlantic didn’t mince words in its scathing assessment of Harris’s term as vice president. The article detailed her numerous failures, from domestic policy to international diplomacy, and argued that Biden’s legacy could be at risk if he did not choose a more competent running mate for 2024. Unfit for Office? Kamala Harris’s time as vice president has been marked by a series of blunders, missteps, and a lack of decisive leadership. The mainstream media, usually an ally of the Democratic establishment, has not shied away from criticizing her, leading to widespread calls for her to be replaced on the 2024 ticket. Her inability to effectively handle major issues such as the border crisis, her plummeting approval ratings, and her numerous foreign policy missteps have made it clear that she is not just unfit for the presidency but perhaps even for the vice presidency. With Biden’s age and declining health, the possibility of Harris stepping into the role of president is a scenario that should give every American pause. The media’s consistent scrutiny and criticism over the last four years highlight the growing consensus that Harris was a poor choice from the start, and that the country deserves better leadership moving forward. h/t @rmlunn https://x.com/amuse/status/1825216374253494628
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