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  • THE DECEITFUL TALMUDIC JEWS

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  • WOW!!!!! AMAZING HANDIWORK!!!!...

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    WOW!!!!! AMAZING HANDIWORK!!!!... https://www.youtube.com/watch?v=0_bpXR9zVgM&list=TLPQMjQxMTIwMjSTuJMrhuK4xw&index=13
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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.
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  • RICK MIRACLE VIDEO LIBRARY #100,
    2020 VIDEOS, THE WAR ON THE WORLDS CITIZENS

    https://old.bitchute.com/video/1GOOVbPoJIN7/
    RICK MIRACLE VIDEO LIBRARY #100, 2020 VIDEOS, THE WAR ON THE WORLDS CITIZENS https://old.bitchute.com/video/1GOOVbPoJIN7/
    OLD.BITCHUTE.COM
    Rick Miracle Video Library #100, 2020 videos, The War on the Worlds Citizens
    We are under a multifaceted attack! What do you think? https://gogetfunding.com/2024-fund-to-manufacture-books/ https://www.facebook.com/profile.php?id=100008311954642 http://rickmiracle.com/ e-mail [email protected] Mail suggested …
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  • EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn

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    EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn https://www.bitchute.com/video/e1g2GBP6qI0R/?list=notifications&randomize=false
    WWW.BITCHUTE.COM
    EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn
    Alex Jones speaks with General Michael Flynn about the battle to keep Deep State RINOs from disrupting the incoming Trump administration. **Alex Jones VIP Club Is NOW LIVE! Save 10%-40% off everything at The Alex Jones Store while getting $40.00 FREE store credit every month! Learn more HERE! https://thealexjonesstore.com/products/alex-jones-vip-club-copy?selling_plan=5497979099 **HUGE! The Lost Alex Jones Tapes From 2001-2008 are NOW AVAILABLE at a limited-time
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  • EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn

    https://www.bitchute.com/video/e1g2GBP6qI0R/?list=notifications&randomize=false
    EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn https://www.bitchute.com/video/e1g2GBP6qI0R/?list=notifications&randomize=false
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    EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn
    Alex Jones speaks with General Michael Flynn about the battle to keep Deep State RINOs from disrupting the incoming Trump administration. **Alex Jones VIP Club Is NOW LIVE! Save 10%-40% off everything at The Alex Jones Store while getting $40.00 FREE store credit every month! Learn more HERE! https://thealexjonesstore.com/products/alex-jones-vip-club-copy?selling_plan=5497979099 **HUGE! The Lost Alex Jones Tapes From 2001-2008 are NOW AVAILABLE at a limited-time
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  • EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn
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    EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn https://www.bitchute.com/video/e1g2GBP6qI0R/?list=notifications&randomize=false Alex Jones speaks with General Michael Flynn about the battle to keep Deep State RINOs from disrupting the incoming Trump administration.
    WWW.BITCHUTE.COM
    EXCLUSIVE: The Globalists Are Not Done Trying To Destroy President Trump, Warns General Flynn
    Alex Jones speaks with General Michael Flynn about the battle to keep Deep State RINOs from disrupting the incoming Trump administration. **Alex Jones VIP Club Is NOW LIVE! Save 10%-40% off everything at The Alex Jones Store while getting $40.00 FREE store credit every month! Learn more HERE! https://thealexjonesstore.com/products/alex-jones-vip-club-copy?selling_plan=5497979099 **HUGE! The Lost Alex Jones Tapes From 2001-2008 are NOW AVAILABLE at a limited-time
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  • IMHO: THIS MUST BE PART OF THE "PREPARATIONS" BY NARCO-TERRORISTS, COMMUNIST INVASION FORCES, ALREADY WITHIN OUR NATION... AT SOME POINT, THEY WILL USE THESE "SUPPLIES", AGAINST US ALL!!!.....
    SO, WE MUST BE PREPARED TO FIGHT OR DIE!!!!

    CBP officials are withholding the arrested man’s identity and information about who he was working for at this time. However, many assume his employer was one of the many Mexican-based drug cartels.

    11,000 Rounds of 7.62×39 Seized at Mexican Border https://www.ammoland.com/2024/11/11000-rounds-of-7-62x39-seized-at-mexican-border/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap via @AmmoLand
    IMHO: THIS MUST BE PART OF THE "PREPARATIONS" BY NARCO-TERRORISTS, COMMUNIST INVASION FORCES, ALREADY WITHIN OUR NATION... AT SOME POINT, THEY WILL USE THESE "SUPPLIES", AGAINST US ALL!!!..... SO, WE MUST BE PREPARED TO FIGHT OR DIE!!!! 💩💥 CBP officials are withholding the arrested man’s identity and information about who he was working for at this time. However, many assume his employer was one of the many Mexican-based drug cartels. 11,000 Rounds of 7.62×39 Seized at Mexican Border https://www.ammoland.com/2024/11/11000-rounds-of-7-62x39-seized-at-mexican-border/?utm_source=twitter&utm_medium=website&utm_campaign=SocialSnap via @AmmoLand
    WWW.AMMOLAND.COM
    11,000 Rounds of 7.62x39 Seized at Mexican Border
    A Mexican man was arrested trying to smuggle 11,100 rounds of 7.62x39 into the United States from Mexico.
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