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https://thewashingtonstandard.com/sc-governor-henry-mcmaster-ignores-the-will-of-the-people-appoints-criminal-doctor-as-public-health-director-the-man-is-still-wearing-a-mask-after-its-known-to-not-work/THEWASHINGTONSTANDARD.COMSC Governor Henry McMaster Ignores The Will Of The People & Appoints Criminal Doctor As Public Health Director - The Man Is Still Wearing A Mask After It's Known To Not Work! - The Washington StandardWell, if they are set on implementing another plandemic and these criminal clowns are allowed to stand, they will be advancing more lawless restrictions on the public, but I have news for them. My family and I will go ahead and tell them to stick their face diapers, social distancing ...0 Kommentare 0 Anteile 40 Ansichten
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YOU THINK THINGS ARE BAD NOW? WAIT TILL THE COPS SHOW UP!
It's all fun and games until #Enforcers from the
#Corporation of the United States show up!
What you call "government" is nothing more than a #Criminal CORPORATION...
And the #Police are it's "POLICY ENFORCERS"
This is a FACT folks!
The #Courts are operating under "Maritime Admiralty Law" and ONLY have #Jurisdiction over the "Legal Fiction" the state created the day you were born!
(Your birth certificate)
They have no jurisdiction over a living MAN or WOMAN!
ONLY over the dead CORPORATION they created and duped YOU into "representing" as if it were you! IT'S NOT!
And while this certainly IS a #CriminalConspiracy"
it's NOT a "Conspiracy Theory" because it's a FACT, and not theoretical at all
https://old.bitchute.com/video/M3fBOrMep94/YOU THINK THINGS ARE BAD NOW? WAIT TILL THE COPS SHOW UP! It's all fun and games until #Enforcers from the #Corporation of the United States show up! What you call "government" is nothing more than a #Criminal CORPORATION... And the #Police are it's "POLICY ENFORCERS" This is a FACT folks! The #Courts are operating under "Maritime Admiralty Law" and ONLY have #Jurisdiction over the "Legal Fiction" the state created the day you were born! (Your birth certificate) They have no jurisdiction over a living MAN or WOMAN! ONLY over the dead CORPORATION they created and duped YOU into "representing" as if it were you! IT'S NOT! And while this certainly IS a #CriminalConspiracy" it's NOT a "Conspiracy Theory" because it's a FACT, and not theoretical at all https://old.bitchute.com/video/M3fBOrMep94/OLD.BITCHUTE.COMYou Think Things are BAD Now? Wait till the COPS SHOW UP!🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Become a Channel member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/join Support the channel: ⭐ Patreon: https://www.patreon.com/highimpactflix ✅ CashApp: https://cash.app/$HighImpa…0 Kommentare 0 Anteile 172 Ansichten -
It's Thursday, November 21, 2024 and this is day 3321 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada.
#ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal
It's Thursday, November 21, 2024 and this is day 3321 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada. #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal0 Kommentare 0 Anteile 421 Ansichten -
https://stream.org/is-the-deep-state-intentionally-risking-nuclear-war-to-save-its-criminals-skins/0 Kommentare 0 Anteile 108 Ansichten
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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/UCysiZklEtxZsSF9DfC0ExpgWWW.LINKEDIN.COMDiscover thousands of collaborative articles on 2500+ skillsDiscover 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.0 Kommentare 0 Anteile 569 Ansichten -
It's Wednesday, November 20, 2024 and this is day 3320 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada.
#ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal
It's Wednesday, November 20, 2024 and this is day 3320 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada. #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal0 Kommentare 0 Anteile 427 Ansichten -
https://thepeoplesvoice.tv/congress-launches-criminal-investigation-into-ccdh-for-attempted-coup-in-america/THEPEOPLESVOICE.TVCongress Launches Criminal Investigation Into CCDH for ‘Attempted Coup in America’The Countering Digital Hate (CCDH) has been ordered to appear before a congressional inquiry by November 21 over the far-left group's collusion with the Biden regime to censor Americans and attempt a coup d'état in America.0 Kommentare 0 Anteile 176 Ansichten
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It's Tuesday, November 19, 2024 and this is day 3319 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada.
#ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal
It's Tuesday, November 19, 2024 and this is day 3319 of the worst government in Canadian history. Justin Trudeau (AKA: Justine Turdeau, and known to be the BASTARD son of Fidel Castro) is the most corrupt, non-indicted criminal to hold the office of Prime Minister of Canada. #ArrestJustinTrudeau #IllegalUseOfEmergenciesAct #TrudeauWEscandal #JustinTrudeauEthicsScandal #TrudeauCashForAccessScandal #CrimeMinisterJustinTrudeau #TrudeauMustGo #PPEnvy #TrudeauBlackFaceHitler #ExperimentalVaccinesAreDeadly #SNCLavalinAffair #TrudeauSDTCdocumentscandal0 Kommentare 0 Anteile 540 Ansichten -
It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance!
The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR......
Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it!
Well folks.... that time is OVER!
It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes!
The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation!
A criminal corporation that has enslaved YOU!
They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got!
Every last one of them belong in prison or worse!
I've just about had enough of their criminal behavior myself!
https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.htmlIt's Time for Police to be REQUIRED BY LAW to carry Liability Insurance! The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR...... Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it! Well folks.... that time is OVER! It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes! The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation! A criminal corporation that has enslaved YOU! They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got! Every last one of them belong in prison or worse! I've just about had enough of their criminal behavior myself! https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html0 Kommentare 0 Anteile 365 Ansichten
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