• Scott Jennings: President Trump projects strength.
    Scott Jennings: President Trump projects strength.
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  • Saturday, December 7, 2024
    Bishop Robert Barron
    Cycle C
    Advent
    1st wk of Advent

    Topics

    Evangelization

    Saints

    Saint Ambrose

    Bible References

    Matthew 9:35-38,
    Matthew 10:1,
    Matthew 10:5a,
    Matthew 10:6-8

    Friends, today Jesus instructs us to pray for laborers for the harvest, for disciples to do the work of evangelization. We need to organize our lives around evangelization. Everything we do ought to be related somehow to it. This doesn’t mean that we all have to become professional evangelizers. Remember, you can evangelize by the moral quality of your life. But it does mean that nothing in our lives ought to be more important than announcing the victory of Jesus.

    We should think of others not as objects to be used, or annoying people in the way of realizing our projects, but rather as those whom we are called to serve. Instead of saying, “Why is this annoying person in my way?” we should ask, “What opportunity for evangelization has presented itself?” Has God put this person in your life precisely for this purpose?

    Gospel Reflections

    Meditate on Daily Gospel Reflections from Bishop Robert Barron
    Saturday, December 7, 2024 Bishop Robert Barron Cycle C Advent 1st wk of Advent Topics Evangelization Saints Saint Ambrose Bible References Matthew 9:35-38, Matthew 10:1, Matthew 10:5a, Matthew 10:6-8 Friends, today Jesus instructs us to pray for laborers for the harvest, for disciples to do the work of evangelization. We need to organize our lives around evangelization. Everything we do ought to be related somehow to it. This doesn’t mean that we all have to become professional evangelizers. Remember, you can evangelize by the moral quality of your life. But it does mean that nothing in our lives ought to be more important than announcing the victory of Jesus. We should think of others not as objects to be used, or annoying people in the way of realizing our projects, but rather as those whom we are called to serve. Instead of saying, “Why is this annoying person in my way?” we should ask, “What opportunity for evangelization has presented itself?” Has God put this person in your life precisely for this purpose? Gospel Reflections Meditate on Daily Gospel Reflections from Bishop Robert Barron
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  • Robert Duncan, scientific de Harvard, explain "Blue Beam project" (vostfr) https://old.bitchute.com/video/A2Jdo1EdBb35/
    Robert Duncan, scientific de Harvard, explain "Blue Beam project" (vostfr) https://old.bitchute.com/video/A2Jdo1EdBb35/
    OLD.BITCHUTE.COM
    Robert Duncan, scientific de Harvard, explain "Blue Beam project" (vostfr)
    Source https://x.com/i/status/1862646581884825857 Expose the Globalists tyranny https://expose1984.com Proof that the pandemic was planned https://stopworldcontrol.com/ Lien vers le site web de balance la babouche archivé https://expose1984.…
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  • Robert Duncan, scientific de Harvard, explain "Blue Beam project" (vostfr) https://old.bitchute.com/video/A2Jdo1EdBb35/
    Robert Duncan, scientific de Harvard, explain "Blue Beam project" (vostfr) https://old.bitchute.com/video/A2Jdo1EdBb35/
    OLD.BITCHUTE.COM
    Robert Duncan, scientific de Harvard, explain "Blue Beam project" (vostfr)
    Source https://x.com/i/status/1862646581884825857 Expose the Globalists tyranny https://expose1984.com Proof that the pandemic was planned https://stopworldcontrol.com/ Lien vers le site web de balance la babouche archivé https://expose1984.…
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  • NASA issued an important statement, announcing that it might have to cancel several commercial lunar lander missions and delay others, including rover missions. The agency stated that the projects planned for next July may be affected due to excessive costs. please for more info https://spacenews.com/nasa-outlines-im
    NASA issued an important statement, announcing that it might have to cancel several commercial lunar lander missions and delay others, including rover missions. The agency stated that the projects planned for next July may be affected due to excessive costs. please for more info https://spacenews.com/nasa-outlines-im
    SPACENEWS.COM
    NASA outlines impacts of VIPER on CLPS lunar lander program
    NASA estimated it would have to cancel up to four commercial lunar lander missions and delay up to four more to fly a rover mission the agency announced in July it planned to cancel.
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  • Andrew Tate 'Hollywood SELL YOUR SOUL Project' - "Lawyers offered me 50,000,000 dollars for a contract and I said no because they didn’t want me to mention Gaza, LGBT and other stuff"
    Andrew Tate 'Hollywood SELL YOUR SOUL Project' - "Lawyers offered me 50,000,000 dollars for a contract and I said no because they didn’t want me to mention Gaza, LGBT and other stuff"
    0 Comments 0 Shares 716 Views 8
  • 9 Yrs Ago, THE PLAN: Biden Rejoices Abt Non-stop Immigration & WHITE MINORITY by 2017, "That's a Good Thing" (17 Feb 2015) Mayorkas In On It From the Start
    https://rumble.com/v4hyud0-2015-plan-biden-brags-non-stop-immigration-and-white-minority-coming.-mayor.html

    VP Joe Biden: "Whites will be a Minority in US by 2017 - and that's a good Thing" (17 Feb 2015)

    “By 2017, those of us of European stock will be an absolute minority in the United States of America,” Biden said at a State Department luncheon for Brazilian President Dilma Rousseff.

    In 2015, Joe Biden celebrated projections of white people becoming a minority in the United States during a White House Summit.

    (2.17.2015) VP BIDEN: "So there's a 2nd thing in that black box. An unrelenting stream of immigration. Nonstop, nonstop. Folks like me who are Caucasian, of European descent, for the 1st time in 2017 we'll be an absolute minority in the United States of America. Absolute minority."

    "Fewer than 50% of the people in America from then and on will be white European stock. That's not a bad thing. That's a source of our strength."

    The U.S. Census Bureau revealed last week that in 2014, minorities made up a majority of children under five years of age in the United States for the first time.
    https://www.youtube.com/watch?v=peF-ae2AINU
    9 Yrs Ago, THE PLAN: Biden Rejoices Abt Non-stop Immigration & WHITE MINORITY by 2017, "That's a Good Thing" (17 Feb 2015) Mayorkas In On It From the Start https://rumble.com/v4hyud0-2015-plan-biden-brags-non-stop-immigration-and-white-minority-coming.-mayor.html VP Joe Biden: "Whites will be a Minority in US by 2017 - and that's a good Thing" (17 Feb 2015) “By 2017, those of us of European stock will be an absolute minority in the United States of America,” Biden said at a State Department luncheon for Brazilian President Dilma Rousseff. In 2015, Joe Biden celebrated projections of white people becoming a minority in the United States during a White House Summit. (2.17.2015) VP BIDEN: "So there's a 2nd thing in that black box. An unrelenting stream of immigration. Nonstop, nonstop. Folks like me who are Caucasian, of European descent, for the 1st time in 2017 we'll be an absolute minority in the United States of America. Absolute minority." "Fewer than 50% of the people in America from then and on will be white European stock. That's not a bad thing. That's a source of our strength." The U.S. Census Bureau revealed last week that in 2014, minorities made up a majority of children under five years of age in the United States for the first time. https://www.youtube.com/watch?v=peF-ae2AINU
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  • https://www.pharosproject.com/2024/11/a-nickels-worth-of-free-advice-what.html
    https://www.pharosproject.com/2024/11/a-nickels-worth-of-free-advice-what.html
    WWW.PHAROSPROJECT.COM
    A Nickel's Worth of Free Advice: What Democrats Should (But Probably Won't) Learn From the 2024 Presidential Election
    A Nickel's Worth of Free Advice: What Democrats Should (But Probably Won't) Learn From the 2024 Presidential Election ...
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  • 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 Comments 0 Shares 1K Views
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