EUO is a Material Condition Precedent Claim Properly Denied for Refusal to Testify at EUO Post 4936 Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. See the full video at and at Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO). In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced. FACTUAL BACKGROUND Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy). One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property. Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy. Hughes’s Complaint Against Farmers One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination. Farmers’ Motion for Summary Judgment Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy. In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.” In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination. Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination. Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath. Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.” DISCUSSION The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law. An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy. Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy. Breach of Implied Covenant Claim The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law. ZALMA OPINION Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse. (c) 2024 Barry Zalma & ClaimSchool, Inc. 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COPS BUST IN A HOME, FORCE THE FAMILY OUTSIDE AND HANDCUFF THE DAD (WHO I INTERVIEW) #Police piss on the #Constitution AND their #Oath to uphold it! EVERY SINGLE DAY! Every last one of them should be fired and/or in jail https://old.bitchute.com/video/pWA1ZLXJ8k8/

Declaring a Policy Void When a Policy Is Void For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe A small portion of what was provided to subscribers. In almost every policy of insurance, there is a clause declaring the policy void if the insured misrepresents or conceals material facts or commits fraud. For example: We do not pay for bodily injury or property damage which is expected by, directed by, or intended by an insured. This exclusion does not apply to bodily injury that arises out of the use of reasonable force to protect people or property. (AAIS Form BP-200, (c) 1987 AAIS). or: This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other “insured,” at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered “auto”; c. Your interest in the covered “auto”; or d. A claim under this Coverage Form. (Insurance Services Office form CA 00 01 01 87). The policy wording requires that the insurer prove, not only that the insured misrepresented or concealed a material fact but must also prove that the insured did so with the intent to deceive. Absent the rare confession it is often difficult to prove intentional deceit. The insured will usually claim that he or she was mistaken and had no intent to deceive. In more than 50 years of investigation of fraudulent insurance claims I only once received from an insured an under oath statement that the insured intentionally deceived the insurer and then, not in person, but by correcting false testimony in the transcript of an examination under oath. If fraud or mutual mistake is an issue, insurers and insureds doing business in Oklahoma must resort to courts of general jurisdiction for a determination of contractual rights.[1] In Oklahoma, the Workers’ Compensation court does not have the right to rescind or declare a policy of Workers’ Compensation insurance void. However, where there is a misrepresentation with intent to deceive and the putative insured recognized the materiality of the misrepresentation the insurance policy is void from its inception.[2] In Florida, Florida Statutes (2006), state in pertinent part: any insurance fraud shall void all coverage arising from the claim related to such fraud under the personal injury protection coverage of the insured person who committed the fraud. In harmony with this statutory provision, the fraud provision in an insurance policy set forth: “any insurance fraud shall void all personal injury protection coverage arising from the claim with respect to the insured who committed the fraud” is appropriate and enforceable. [Bosem v. Commerce & Indus. Ins. Co., 35 So.3d 944 (Fla. App., 2010)]

COP FOLLOWS MAN HOME AFTER TRAFFIC STOP, THEN TASES HIM REPEATEDLY | 14 OTHER VICTIMS | FIRED! Typical PSYCHOPATH LEO in America! HOW LONG will we tolerate this scum who supposedly "works for us" The story is "#Police Protect and Defend the Public" The #Truth is that Police "Protect and Defend the #Criminals in Washington" And they ABUSE THE PUBLIC every day of their career! An #Oath violation occurs EVERY DAY in the life of cops! Most cops take the OATH to "Protect and Defend the #Constitution" as soon as they graduate the Academy..... THEN they get hired on somewhere, and immediately have to TAKE ANOTHER OATH which is diametrically opposed to the first oath! Police CANNOT "uphold the unconstitutional laws of their state" AND "Protect and Defend the Constitution"!!! You cannot serve two masters! Just like the bible says! Police SERVE THE STATE (who writes their paycheck) And they wipe their nasty asses with the constitution AND the rights of Americans! These scumbags are economically terrorizing every American! But they prefer the POOR AMERICANS who cannot afford to fight them in court! What Police do on a daily basis is USELESS ABUSE of Americans! They do not solve crimes, or try to catch "bad guys" They try to WRITE TICKETS and file felony charges on people who have HARMED NOBODY! (There is no legitimate #Crime) A "CRIME" requires a VICTIM! What Police charge these Americans under is NOT the "Law of the LAND" They file these charges under "Maritime Admiralty Law" where they can make sh*t up as they go along! NO AMERICAN belongs within the #Jurisdiction of "Maritime Admiralty Law" We ALL belong under COMMON LAW! Police are part of a criminal CORPORATION that harvests Americans for their money PERIOD! https://old.bitchute.com/video/FlIP1BuRR48/?list=subscriptions

EVERY MEMBER OF GOVERNMENT IS IN VIOLATION OF ANY OATH THEY'VE SWORN Most have not even sworn one!

State #Oaths CONFLICT with the Constitutional OATH!

OATH BETRAYED: WHEN IS ENOUGH ENOUGH? [2024-11-04] - MICHAEL BOLDIN (VIDEO) It's a f*cking JOKE to believe that ANYONE within "government" gives a rat's ass about the #Oath they likely DID NOT EVEN TAKE! https://old.bitchute.com/video/zeYrxtGMEvD5/

THANK GOD THEY FINALLY ARRESTED HONOR YOUR OATH JEFF GRAY!! People think they can just hold signs that say "God Bless the Homeless Vets" and not go to jail??? They had better THINK AGAIN! https://old.bitchute.com/video/Snm9_r3yv94/

https://x.com/KanekoaTheGreat/status/1852122693250035878?t=w2E1RthR-0Xs5BSmvskXnw&s=19

🚨URGENT! SHERIFF'S RISING UP AGAINST DHS, FEMA & MORE. I have always encouraged folks to elect a #CSPOA #Sheriff! Sheriffs are the only people who CAN lawfully save our country under the current "Maritime Admiralty Law" #Slave system... But I would NOT hold my breathe! Most of these Sheriffs are #Criminals who violate their #Oath of office and abuse their bosses, the American Public. I'm sure that just about all of them are in someone's pocket... Or else they are just criminal psychopaths There was a time that I actually had faith in the Elected Sheriffs, But I've just seen too much now, they have shown themselves not to be "friend," but foe of the American People I would absolutely LOVE to see these sheriffs come out and PROVE ME WRONG.... I just have no confidence in that happening https://old.bitchute.com/video/9ys1hZxdMgt6/