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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Hey Patriots! Ever notice how 'tax reform' sounds a lot like 'let's take money from hard-working Americans and give it to... well, who knows?' 🤔 It's like they want to make the IRS the new Santa Claus, minus the jolly spirit! 🎅💸 Remember, the only thing that should be 'reformed' is the idea that the government knows better how to spend YOUR money than you do! #KeepYourCash #TaxationIsTheft

Scott Galloway on intergenerational theft https://www.youtube.com/shorts/llPPpomp1LE

https://americafirstreport.com/californians-choose-tougher-drug-and-theft-penalties-reject-rent-control-measure-early-results/

BREAKING: Democrat Now Quietly Preparing For A Trump Win Despite Massive Evidence Of Election Theft! https://www.bitchute.com/video/4Wt5wtlksCBQ/?list=notifications&randomize=false

THE MANIPULATION OF ELECTIONS: Veteran U.S. Air Force CIA Officer has evidence that can prove the source code operating the election machines in Smartmatic and Dominion voting machines that determines the U.S. Presidency are owned by the Venezuelan Narco Regime and made in China. He states that Dominion took an additional step to conceal its manipulation of U.S. Elections by moving its research and development and servers which store U.S. Swing States voting information to its office in Belgrade Serbia. In the Belgrade Office, Venezuelan, Chinese and Serbian software engineers maintain system administration status over U.S. Swing States elections and alter elections as directed by Cártel de los Soles, the Cuban DGI and the Chinese CCP. This election manipulation often involves large bribes to alter election results such as the case in the 2016 Philippines election where the President of Smartmatic Roger Piñate was indicted for bribery in relation to the 2016 Philippines election. His team has the CNE source code, the source code employed by Smartmatic, Dominion and others. They will surrender it to the appropriate authorities. This criminal evidence was presented two years ago to a Senior FBI Agent in Washington DC. That Agent after seeing three hours of evidence told them to flee Washington DC, that the FBI under Christopher Wray would actively work to destroy their efforts and seek ways to prosecute them in order to stop their investigative efforts. Seven months ago his team briefed three U.S. Attorney's who were Federal Prosecutors from Merrick Garland's Department of Justice and they never heard back from them. Elections are being stolen around the world, including in the United States of America. This is a direct attack on our Democracy. We must stop the greatest crime being committed against the United States of America. We must stop the Election theft of 2024 and stop all future election thefts around the world. https://x.com/SpartaJustice/status/1848833574352654576

SHERIFFS & STATE POLICE RISING UP AGAINST FEMA IN NC Folks.... Believe it or not, I don't have a pessimistic bone in my body! I'm a "the glass is half full" guy! But at the same time, for over 4 years now I've encouraged people to join #CSPOA and to elect a #Sheriff who will stand with THE PEOPLE! The County Sheriff is second only to the Most High and His Son in his county! NOBODY outranks the county sheriff! But at the same time, county sheriffs have not done a thing to help the people! They are STILL #Tyrant scumbags..... And over 3200 Sheriffs across the nation (which has 3300 counties) signed a letter begging congress to KEEP civil asset forfeiture! (THEFT of American's property) That tells me that sheriffs are NOT on your side! THESE SHERIFFS are likely only standing up because it's THEIR FAMILY in a bind! And they are also small town boys.... I just have ZERO FAITH in sheriffs, after supporting them and getting tons of people to join the CSPOA! Most sheriffs DON'T WANT TO LEARN THE CONSTITUTION! THEY DON'T WANT TO KNOW HOW MUCH AUTHORITY THEY HAVE! And I'm going to say that is because they are all likely taking bribes from George Soros or some other banker scumbag! The fact of the matter is simple.... If you don't get a sheriff with some balls, who has no issue with deputizing his whole count and arresting feds into office in your county.... YOU ARE SCREWED! LEOs in this country tend to be scumbags and enemies of the people! I don't know if it;'s the brainwashing (training) they undergo or what... But LEOs tend to be scumbags who care less about Americans They view you ONLY AS AN ENEMY and a source of revenue! This has gotta change damn quick or we are screwed! https://old.bitchute.com/video/cFMzT0ttFglB/

https://thewashingtonstandard.com/if-our-cities-already-look-like-they-belong-in-grand-theft-auto-what-will-they-look-like-once-the-economy-implodes/

VIDEOS to Remind Liberty Theft is the NWO Goal https://johnhouk.substack.com/p/videos-to-remind-liberty-theft-is SUMMARY: The new Communism and the new Fascism is the combination of both in which governments and Leftist Corporations work together to instill Marxist principles and Climate Lies to control the masses for the benefit of the Elitist few. It’s like an old Star Wars movie where the dark-side of the force tells the gullible that Liberty has no value and you will be happy to be controlled. –TAKE A LOOK AT THE VIDEOS! #RememberLiberty #ResistTyranny