• Hey guys another quick couple of updates on what I've got going on. This next weekend I will be departing to go and film for a documentary style series I'm putting together surrounding the mothers of darkness for those of you who are familiar. I think it's going to blow some minds. With that being said, I am also currently producing another long episode on one of the scariest paranormal stories I've heard in a very long time. So this upcoming week please keep an eye out for that and the following weeks for the first part of the docuseries. Basically stay excited just lend me some patience to get it produced for all of you. I love you all and please in the meantime watch some older episodes and help me out. I also have a massive interview lined up for this upcoming week as well! So tons of stuff to look forward too.

    Show some love by watching some of the older episodes here: https://youtube.com/playlist?list=PLO6SjU9EC7_TwziHa9As93k3JD3OdJsPS&si=bTijhXyKUOZQibEN
    Hey guys another quick couple of updates on what I've got going on. This next weekend I will be departing to go and film for a documentary style series I'm putting together surrounding the mothers of darkness for those of you who are familiar. I think it's going to blow some minds. With that being said, I am also currently producing another long episode on one of the scariest paranormal stories I've heard in a very long time. So this upcoming week please keep an eye out for that and the following weeks for the first part of the docuseries. Basically stay excited just lend me some patience to get it produced for all of you. I love you all and please in the meantime watch some older episodes and help me out. I also have a massive interview lined up for this upcoming week as well! So tons of stuff to look forward too. Show some love by watching some of the older episodes here: https://youtube.com/playlist?list=PLO6SjU9EC7_TwziHa9As93k3JD3OdJsPS&si=bTijhXyKUOZQibEN
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  • Frequently use forged connecting rods to withstand the engine's high-stress conditions without deformation or fracture. They often include an angled valve configuration. This is exclusive to the Hemi, and the valves are designed specifically to function with the unusual shape of the valves.Engineered to enhance ventilation and thermal regulation. The Hemi produces significant heat, necessitating the use of enough cooling channels and heat-resistant materials. https://drifthunters2.io
    Frequently use forged connecting rods to withstand the engine's high-stress conditions without deformation or fracture. They often include an angled valve configuration. This is exclusive to the Hemi, and the valves are designed specifically to function with the unusual shape of the valves.Engineered to enhance ventilation and thermal regulation. The Hemi produces significant heat, necessitating the use of enough cooling channels and heat-resistant materials. https://drifthunters2.io
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  • The Hunchback of Notre Dame (1939) is a classic American film adaptation of Victor Hugo's 1831 novel. Directed by William Dieterle, the movie is renowned for its lavish production and powerful performances.

    Here’s an overview of the film:

    Key Details:
    Director: William Dieterle
    Producer: Pandro S. Berman
    Cast:
    Charles Laughton as Quasimodo: His portrayal of the bell-ringer is iconic, capturing the character's tragic mix of physical deformity and inner nobility.
    Maureen O'Hara as Esmeralda: This was one of O'Hara's early roles, and her performance as the kind-hearted gypsy dancer is captivating.
    Cedric Hardwicke as Frollo: A menacing interpretation of the archdeacon who becomes obsessed with Esmeralda.
    Thomas Mitchell as Clopin: The leader of the beggars, adding a layer of intrigue and grit to the story.
    Highlights:
    Visual Design: The film is famous for its elaborate sets, especially the reconstruction of 15th-century Paris and the Notre Dame Cathedral.
    Makeup: Charles Laughton's transformative makeup for Quasimodo was groundbreaking at the time, designed by legendary makeup artist Perc Westmore.
    Themes: The story tackles themes of justice, love, social prejudice, and the clash between religious authority and personal morality.
    The 1939 adaptation is often regarded as one of the most faithful and emotionally resonant versions of Hugo’s novel. It balances spectacle with a deep exploration of the characters, making it a definitive cinematic interpretation of the classic tale.
    The Hunchback of Notre Dame (1939) is a classic American film adaptation of Victor Hugo's 1831 novel. Directed by William Dieterle, the movie is renowned for its lavish production and powerful performances. Here’s an overview of the film: Key Details: Director: William Dieterle Producer: Pandro S. Berman Cast: Charles Laughton as Quasimodo: His portrayal of the bell-ringer is iconic, capturing the character's tragic mix of physical deformity and inner nobility. Maureen O'Hara as Esmeralda: This was one of O'Hara's early roles, and her performance as the kind-hearted gypsy dancer is captivating. Cedric Hardwicke as Frollo: A menacing interpretation of the archdeacon who becomes obsessed with Esmeralda. Thomas Mitchell as Clopin: The leader of the beggars, adding a layer of intrigue and grit to the story. Highlights: Visual Design: The film is famous for its elaborate sets, especially the reconstruction of 15th-century Paris and the Notre Dame Cathedral. Makeup: Charles Laughton's transformative makeup for Quasimodo was groundbreaking at the time, designed by legendary makeup artist Perc Westmore. Themes: The story tackles themes of justice, love, social prejudice, and the clash between religious authority and personal morality. The 1939 adaptation is often regarded as one of the most faithful and emotionally resonant versions of Hugo’s novel. It balances spectacle with a deep exploration of the characters, making it a definitive cinematic interpretation of the classic tale.
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  • In the blink of an eye, the procedure changed into the following: mine ores make smelt of ore to forge bronze daggers chicken execution, then sell the rest to the greedy clerk at the shop, and use the cash to buy tools. And on and so forth it goes on. As of now I've consumed all the energy drinks available I have available. I've never had to fight this intensely in my entire life to get rid of chickens. I took another bottle of red bull, knowing it could be quite a, hard night.

    As a kid I didn't experience that tight loop Jagex has created with their world. Everything worked. I did not realize that the shopkeeper took away of your hard-earned chicken breasts, because before were I an ordinary account I would have traded them to another user at a price ten times greater than. Being an ironman, you must master the mechanics of each skill to build.

    I had my second revelation after I became bored of the chickens and set out to develop my archery ability: "Ranged." I focused on the job to be completed, using the money I received from my shopkeeper, I purchased a bronze hatchet at the Lumbridge Axe store. I then cut down a nearby tree. wood is checked. After that, I returned at the store's general department. I believe that the storekeeper was expecting me. The shopkeeper's robe smelled of chicken from his lunch, and he smiled his evil, corrupted grin. Unwillingly, I spent the rest portion of my coins to purchase an instrument: required to flytch to my bow. Fletching and checking.

    There was the bow's husk that began to form the next item to my wish list were flax from the nearby fields, and the spinning wheel so that I could construct the bowstring. Within a short time I had my own bow, and I sat on my couch for an while with a smile in my eyes. I was starting to realize the game's concept all about. There is a lot of satisfaction when you earn your living from this game. If I had played an account that was normal, the procedure could have been streamlined to purchasing the bow from the Grand Exchange and carrying on my way.

    I did not realize until later that the making of a bow required use of a variety of abilities: woodcutting to make an ax, farming to harvest the flax, then fletching to make the bow, and connect the bowstring. Then came the next goal of my archery instruction and ammunition. Then my practice changed into mines for minerals, making smiths for the making of arrowheads and then fletching to make the design of archers. Even my blood feud with the chickens paid off when they produced feathers to make my archers.

    Within the first couple of hours, my perspective of the game shifted into more expansive. The game's mechanics in the Ironman mode appear to be targeted towards experienced players who have a long time ago finished their end-game content and are looking for new challenges. This is not to say that the game aren't played and loved by everyone both old and new. I must take my bow to Jagex for this The mechanic operates in ways I didn't comprehend until I experienced it.

    As a senile old man who is enjoying watching the scenery, I could not avoid noticing the accomplishments of the company. The ability to create your own way across Gielinor is a far enjoyable experience when you realize that the only way to achieve it is due to your own determination and perseverance. It's a refreshing change from an old game that's been in existence for a long time. The mechanic has also made me think on other MMO's. Is an ironman-inspired system applied to other games of the genre?

    The answer is complex. The mechanic is able to work across a variety of games so long as they meet the right elements in their game to support the player base, for instance, the game could require a variety of skills that players to put their time into and crafting systems. I think this method is particularly effective for Runescape due to its tightly knit game world as well as its loopable mechanism.
    Rsorder.com: The most professional site to Buy OSRS Gold/RS3 Gold, items, accounts, power leveling, and questing services.
    In the blink of an eye, the procedure changed into the following: mine ores make smelt of ore to forge bronze daggers chicken execution, then sell the rest to the greedy clerk at the shop, and use the cash to buy tools. And on and so forth it goes on. As of now I've consumed all the energy drinks available I have available. I've never had to fight this intensely in my entire life to get rid of chickens. I took another bottle of red bull, knowing it could be quite a, hard night. As a kid I didn't experience that tight loop Jagex has created with their world. Everything worked. I did not realize that the shopkeeper took away of your hard-earned chicken breasts, because before were I an ordinary account I would have traded them to another user at a price ten times greater than. Being an ironman, you must master the mechanics of each skill to build. I had my second revelation after I became bored of the chickens and set out to develop my archery ability: "Ranged." I focused on the job to be completed, using the money I received from my shopkeeper, I purchased a bronze hatchet at the Lumbridge Axe store. I then cut down a nearby tree. wood is checked. After that, I returned at the store's general department. I believe that the storekeeper was expecting me. The shopkeeper's robe smelled of chicken from his lunch, and he smiled his evil, corrupted grin. Unwillingly, I spent the rest portion of my coins to purchase an instrument: required to flytch to my bow. Fletching and checking. There was the bow's husk that began to form the next item to my wish list were flax from the nearby fields, and the spinning wheel so that I could construct the bowstring. Within a short time I had my own bow, and I sat on my couch for an while with a smile in my eyes. I was starting to realize the game's concept all about. There is a lot of satisfaction when you earn your living from this game. If I had played an account that was normal, the procedure could have been streamlined to purchasing the bow from the Grand Exchange and carrying on my way. I did not realize until later that the making of a bow required use of a variety of abilities: woodcutting to make an ax, farming to harvest the flax, then fletching to make the bow, and connect the bowstring. Then came the next goal of my archery instruction and ammunition. Then my practice changed into mines for minerals, making smiths for the making of arrowheads and then fletching to make the design of archers. Even my blood feud with the chickens paid off when they produced feathers to make my archers. Within the first couple of hours, my perspective of the game shifted into more expansive. The game's mechanics in the Ironman mode appear to be targeted towards experienced players who have a long time ago finished their end-game content and are looking for new challenges. This is not to say that the game aren't played and loved by everyone both old and new. I must take my bow to Jagex for this The mechanic operates in ways I didn't comprehend until I experienced it. As a senile old man who is enjoying watching the scenery, I could not avoid noticing the accomplishments of the company. The ability to create your own way across Gielinor is a far enjoyable experience when you realize that the only way to achieve it is due to your own determination and perseverance. It's a refreshing change from an old game that's been in existence for a long time. The mechanic has also made me think on other MMO's. Is an ironman-inspired system applied to other games of the genre? The answer is complex. The mechanic is able to work across a variety of games so long as they meet the right elements in their game to support the player base, for instance, the game could require a variety of skills that players to put their time into and crafting systems. I think this method is particularly effective for Runescape due to its tightly knit game world as well as its loopable mechanism. Rsorder.com: The most professional site to Buy OSRS Gold/RS3 Gold, items, accounts, power leveling, and questing services.
    0 Σχόλια 0 Μοιράστηκε 629 Views
  • Sea turtles and other marine animals are exposed to toxins produced by harmful algal blooms (HABs) primarily through ingestion. These blooms are often exacerbated by high levels of pollution, such as agricultural runoff and untreated wastewater, which introduce excessive nutrients (like nitrogen and phosphorus) into marine ecosystems. The toxins produced by HABs accumulate in the food chain, particularly in filter-feeding organisms like shellfish. When sea turtles consume contaminated algae or shellfish, they are at risk of neurotoxic shellfish poisoning (NSP), which can severely impact their nervous system and overall health. Pollution is a key driver behind the proliferation of HABs, making it a significant environmental concern.

    Sea turtles and other marine animals are exposed to toxins produced by harmful algal blooms (HABs) primarily through ingestion. These blooms are often exacerbated by high levels of pollution, such as agricultural runoff and untreated wastewater, which introduce excessive nutrients (like nitrogen and phosphorus) into marine ecosystems. The toxins produced by HABs accumulate in the food chain, particularly in filter-feeding organisms like shellfish. When sea turtles consume contaminated algae or shellfish, they are at risk of neurotoxic shellfish poisoning (NSP), which can severely impact their nervous system and overall health. Pollution is a key driver behind the proliferation of HABs, making it a significant environmental concern.
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  • TUCKER CARLSON: PFIZER NEEDS TO BE SUED FOR WHAT THEY'VE DONE TO HUMANITY | REDACTED NEWS

    Well sure, immunity for these #Criminals is a criminally negligent act of "government"
    But you need to understand.... THIS PARTICULAR #GENOCIDE JAB was produced for the #DOD the #DepartmentOfDefense

    That is correct, the "United States Government" created this WEAPON!
    And the #Corporation of the United States and it's DOD employees need to be held accountable for their personal genocide!

    The DOD hired these bio-tech companies to produce their "#Vaccine" DEATH JABS
    Which are not vaccines, but weapons! They hired out production of these weapons, gave the people producing them immunity, and killed an awful lot of people!

    If no Justice is served here, which it won't be, it perfectly illustrates the criminal nature of what you call "government" (And I call an #Evil Corporation)

    https://old.bitchute.com/video/Fvw82zCKm18q/
    TUCKER CARLSON: PFIZER NEEDS TO BE SUED FOR WHAT THEY'VE DONE TO HUMANITY | REDACTED NEWS Well sure, immunity for these #Criminals is a criminally negligent act of "government" But you need to understand.... THIS PARTICULAR #GENOCIDE JAB was produced for the #DOD the #DepartmentOfDefense That is correct, the "United States Government" created this WEAPON! And the #Corporation of the United States and it's DOD employees need to be held accountable for their personal genocide! The DOD hired these bio-tech companies to produce their "#Vaccine" DEATH JABS Which are not vaccines, but weapons! They hired out production of these weapons, gave the people producing them immunity, and killed an awful lot of people! If no Justice is served here, which it won't be, it perfectly illustrates the criminal nature of what you call "government" (And I call an #Evil Corporation) https://old.bitchute.com/video/Fvw82zCKm18q/
    0 Σχόλια 1 Μοιράστηκε 605 Views

  • Insurer Properly Sanctioned for Failure to Obey Court Order

    It is Never Proper to Fail to Comply With Court Order

    Post 4937

    Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order.

    In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions.

    FACTS

    In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage.

    Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000.

    Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order.

    Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment.

    Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022.

    On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories.

    TO ESTABLISH CONTEMPT

    Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature.

    The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt.

    Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it.

    The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection.

    Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order.

    ZALMA OPINION

    This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals.

    (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
    Insurer Properly Sanctioned for Failure to Obey Court Order It is Never Proper to Fail to Comply With Court Order Post 4937 Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions. FACTS In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage. Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000. Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order. Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment. Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022. On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories. TO ESTABLISH CONTEMPT Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature. The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt. Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it. The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection. Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order. ZALMA OPINION This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals. (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
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    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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  • “Society is produced by our wants and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher…Society in every state is a blessing, but government, even in its best state, is but a necessary evil; in its worst state, an intolerable evil…” Thomas Paine
    “Society is produced by our wants and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher…Society in every state is a blessing, but government, even in its best state, is but a necessary evil; in its worst state, an intolerable evil…” Thomas Paine
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  • https://t.me/davidavocadowolfe/146424
    The banksters fund the war machine. The banksters fund the politicians. The banksters created and fund the usury system and drive the brainwashing in government run schools. The banksters pay the media to produce propaganda against your best interest. The banksters seek to control without doing any work. The banksters are the head of the snake and must be stopped. (1 min, 18 sec)
    https://t.me/davidavocadowolfe/146424 The banksters fund the war machine. The banksters fund the politicians. The banksters created and fund the usury system and drive the brainwashing in government run schools. The banksters pay the media to produce propaganda against your best interest. The banksters seek to control without doing any work. The banksters are the head of the snake and must be stopped. (1 min, 18 sec)
    0 Σχόλια 0 Μοιράστηκε 914 Views 0

  • 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.

    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
    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. 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
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