I'm a Believer
https://www.youtube.com/watch?v=4PQAqprjOuA
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Descoperă oameni noi, creează noi conexiuni și faceti-va noi prieteni
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Vă rugăm să vă autentificați pentru a vă dori, partaja și comenta!
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THEY THINK YOU WILL FOLLOW THE STARS
(The FALLEN STARS that is!)
I KNOW that I live on the Flat Earth created by YHWH!
It is His Creation, and I'm just enjoying it!
The #Globe is #Satan's Creation, and seems to be just as real to those who don't have the eyes to see!
Their Globe is fictional, unproven, and cannot be proved....
But that don't stop it's believers!
Because "The Great Delusion" has them!
It had ME at one time, so I KNOW it's very powerful!
Only The Most High or His Son can open your eyes!
https://old.bitchute.com/video/0JnUOpwpFXVP/
THEY THINK YOU WILL FOLLOW THE STARS (The FALLEN STARS that is!) I KNOW that I live on the Flat Earth created by YHWH! It is His Creation, and I'm just enjoying it! The #Globe is #Satan's Creation, and seems to be just as real to those who don't have the eyes to see! Their Globe is fictional, unproven, and cannot be proved.... But that don't stop it's believers! Because "The Great Delusion" has them! It had ME at one time, so I KNOW it's very powerful! Only The Most High or His Son can open your eyes! https://old.bitchute.com/video/0JnUOpwpFXVP/0 Commentarii 0 Distribuiri 29 Views -
YOU WON'T BELIEVE WHAT WALMART JUST INSTALLED IN STORES ACROSS AMERICA ...
https://old.bitchute.com/video/K5dUyfILd7l8/YOU WON'T BELIEVE WHAT WALMART JUST INSTALLED IN STORES ACROSS AMERICA ... https://old.bitchute.com/video/K5dUyfILd7l8/0 Commentarii 0 Distribuiri 23 Views -
THIS MEAN DICK DURBIN DIDN'T READ THE CR BILL...
Charlie Kirk’s reaction to Dick Durbin cracks me upTHIS MEAN DICK DURBIN DIDN'T READ THE CR BILL... Charlie Kirk’s reaction to Dick Durbin cracks me up🤣0 Commentarii 0 Distribuiri 26 Views 1 -
PRESIDENT TRUMP WAS RIGHT AGAIN...
It seems like the legacy media does nothing but lie and cover the shortcomings of those they want to remain in power.PRESIDENT TRUMP WAS RIGHT AGAIN... It seems like the legacy media does nothing but lie and cover the shortcomings of those they want to remain in power.0 Commentarii 0 Distribuiri 31 Views 1 -
USAA Punished for it Claims Handling
Punitive Damages Should be Awarded With Caution and Within Narrow Limits
Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.
Posted on December 19, 2024 by Barry Zalma
DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH
Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes.
FACTS
Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood.
The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages.
In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims.
The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error.
Trial
To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding.
Punitive Damages
Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights.
Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced.
USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here.
The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell.
A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees.
CONCLUSION
In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid.
ZALMA OPINION
This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA.
In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here.
(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
USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (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/gwEYkWWW.LINKEDIN.COMDiscover thousands of collaborative articles on 2500+ skillsDiscover 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.0 Commentarii 0 Distribuiri 123 Views -
WHILE YOU STRUGGLE TO PUT FOOD ON THE TABLE...
THE NEW CR BILL GIVES CONGRESS A 70,000 THOUSAND DOLLAR PAY RAISE BEFORE THEY LOSE POWER... DO YOU REALLY BELIEVE THEIR WORKING FOR YOU...WHILE YOU STRUGGLE TO PUT FOOD ON THE TABLE... THE NEW CR BILL GIVES CONGRESS A 70,000 THOUSAND DOLLAR PAY RAISE BEFORE THEY LOSE POWER... DO YOU REALLY BELIEVE THEIR WORKING FOR YOU... -
SHOCKING NEW UN MOVE TO CENSOR FREE SPEECH
F*ck the #UN #Criminals and their LIES
https://old.bitchute.com/video/xxpOfjB2yMWD/SHOCKING NEW UN MOVE TO CENSOR FREE SPEECH F*ck the #UN #Criminals and their LIES https://old.bitchute.com/video/xxpOfjB2yMWD/OLD.BITCHUTE.COMSHOCKING new UN move to censor free speechIt was called "global warming" 10 years ago. Does it feel warm today? It's 2 degrees where I live. The oceans are boiling. Have a swim in the channel. Is it boiling? This garbage needs to end. Neil Oliver exposes the alarming rise of censorship and …0 Commentarii 0 Distribuiri 40 Views -
Books can profoundly change one's perspective on life by opening up new worlds of thought, offering unique insights into human nature, and challenging preconceived notions. Here’s how they might do this:
Exposure to Different Cultures and Experiences
Books provide a window into lives vastly different from our own. Reading about diverse cultures, traditions, and experiences can foster empathy and broaden our understanding of the world.
Philosophical and Ethical Reflections
Works like those of Plato, Nietzsche, or modern thinkers often question our beliefs and values, prompting introspection about what truly matters in life.
Emotional Resonance and Connection
Fictional stories allow readers to connect deeply with characters, making us more aware of the complexities of emotions and relationships.
Practical Wisdom and Skills
Non-fiction books offer actionable insights on topics ranging from self-improvement to history, science, and psychology, which can reshape priorities or habits.
Inspiration and Motivation
Memoirs or stories of resilience (e.g., Viktor Frankl’s Man’s Search for Meaning) can inspire people to overcome their struggles or live with greater purpose.
Challenge to Worldviews
Books that confront controversial or unfamiliar topics can spark critical thinking, encouraging readers to question their beliefs or biases.Books can profoundly change one's perspective on life by opening up new worlds of thought, offering unique insights into human nature, and challenging preconceived notions. Here’s how they might do this: Exposure to Different Cultures and Experiences Books provide a window into lives vastly different from our own. Reading about diverse cultures, traditions, and experiences can foster empathy and broaden our understanding of the world. Philosophical and Ethical Reflections Works like those of Plato, Nietzsche, or modern thinkers often question our beliefs and values, prompting introspection about what truly matters in life. Emotional Resonance and Connection Fictional stories allow readers to connect deeply with characters, making us more aware of the complexities of emotions and relationships. Practical Wisdom and Skills Non-fiction books offer actionable insights on topics ranging from self-improvement to history, science, and psychology, which can reshape priorities or habits. Inspiration and Motivation Memoirs or stories of resilience (e.g., Viktor Frankl’s Man’s Search for Meaning) can inspire people to overcome their struggles or live with greater purpose. Challenge to Worldviews Books that confront controversial or unfamiliar topics can spark critical thinking, encouraging readers to question their beliefs or biases.0 Commentarii 0 Distribuiri 126 Views -
Rob Skiba FEIC 2019 - Part 1 Testing the Globe:
Who Really Has The Intellectual High Ground?
If you are sincerely seeking the #Truth YOU'LL FIND IT!
If you want to know why the entire WORLD has realized the Earth is truly FLAT & Level then you need to watch this video series by Rob Skiba!
Unlike #Jaranism and #DITRH and #EricDubay, Rob takes a look into the Flat Earth versus the Globe in a biblical way. And Rob is also a great teacher! That is exactly why they killed him!
Rob's wife passed away yesterday (I believe)
Which I hate to hear
Rob does a deep dive into ALL THINGS #Globe versus #FlatEarth!
And he tells you up front to "Not believe a word he says"
He is simply sharing INFORMATION that is helpful to know when YOU are looking into the TRUTH! This is BY FAR the best FE series out there!
My condolences to Jeremiah Skiba,
I hate hearing that now he has lost his mom too
Rob was truly a "Warrior of TRUTH" and there's no doubt in my mind... He was sent to us from above with a message!
https://youtu.be/vXZzqwJ9KZMRob Skiba FEIC 2019 - Part 1 Testing the Globe: Who Really Has The Intellectual High Ground? If you are sincerely seeking the #Truth YOU'LL FIND IT! If you want to know why the entire WORLD has realized the Earth is truly FLAT & Level then you need to watch this video series by Rob Skiba! Unlike #Jaranism and #DITRH and #EricDubay, Rob takes a look into the Flat Earth versus the Globe in a biblical way. And Rob is also a great teacher! That is exactly why they killed him! Rob's wife passed away yesterday (I believe) Which I hate to hear Rob does a deep dive into ALL THINGS #Globe versus #FlatEarth! And he tells you up front to "Not believe a word he says" He is simply sharing INFORMATION that is helpful to know when YOU are looking into the TRUTH! This is BY FAR the best FE series out there! My condolences to Jeremiah Skiba, I hate hearing that now he has lost his mom too Rob was truly a "Warrior of TRUTH" and there's no doubt in my mind... He was sent to us from above with a message! https://youtu.be/vXZzqwJ9KZM0 Commentarii 0 Distribuiri 305 Views
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