• BrotherMichaelMurphy
    @MichaelMurphy

    2h
    ·
    ·
    Guns of Gab (Uncensored)
    Bruce Jenner is a man. He should be able to use whatever restroom he chooses in the male only mental hospital he gets sent to for promoting his vile delusion and brainwashing vulnerable kids. he is not a victim, he is not a Christian, he is not conservative or MAGA, and he is not 'one of the few people who are genuinely trans'. he is a pervert and a reprobate. #freedom has nothing to do with allowing such people to tell lies to vulnerable people. he might support lower taxes for elites like himself but does he agree that men are men and that men who pretend to be women are dangerous to society? No he doesn't? he may profess to believe that 18 is the magic number when a person can 'transition' and mutilate their bodies, but has anyone ever actually transitioned? of course the yhavent. transitioning is a lie from the enemy who seeks to kill steal and destroy. Jesus Christ the son of the Great I AM called by his Father's holy name, will cast that snake and all transgender who do not repent of their delusion and obey the gospel into the eternal fires. acts 2:38 is where you should start and the whole king James Bible's counsel which is God's own Word should guide you to victory. otherwise you will join Bruce Jenner in those fires where youll never have to meet a 'Christian bigot' ever again and you can 'enjoy' you 'safe space'. Amen
    BrotherMichaelMurphy @MichaelMurphy 2h · · Guns of Gab (Uncensored) Bruce Jenner is a man. He should be able to use whatever restroom he chooses in the male only mental hospital he gets sent to for promoting his vile delusion and brainwashing vulnerable kids. he is not a victim, he is not a Christian, he is not conservative or MAGA, and he is not 'one of the few people who are genuinely trans'. he is a pervert and a reprobate. #freedom has nothing to do with allowing such people to tell lies to vulnerable people. he might support lower taxes for elites like himself but does he agree that men are men and that men who pretend to be women are dangerous to society? No he doesn't? he may profess to believe that 18 is the magic number when a person can 'transition' and mutilate their bodies, but has anyone ever actually transitioned? of course the yhavent. transitioning is a lie from the enemy who seeks to kill steal and destroy. Jesus Christ the son of the Great I AM called by his Father's holy name, will cast that snake and all transgender who do not repent of their delusion and obey the gospel into the eternal fires. acts 2:38 is where you should start and the whole king James Bible's counsel which is God's own Word should guide you to victory. otherwise you will join Bruce Jenner in those fires where youll never have to meet a 'Christian bigot' ever again and you can 'enjoy' you 'safe space'. Amen
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    0 Commentaires 0 Parts 15 Vue
  • FACTS!
    FACTS!
    0 Commentaires 0 Parts 73 Vue
  • BIG #Facts!
    I am completely aware that #Trump and #Republicans, along with
    Camel Toe and #DemonRats, will claim that
    "#Israel and the #Jews are the "Good Guys" but that's simply a LIE!

    It's not only a complete fabrication and a lie.....
    But it's one based purely on the #Satanic Agenda of the Jews!

    Because EVERYONE within this #Corporation you call "government"
    are tools of these Jew devils!

    If you don't like hearing the #Truth....
    Maybe you should go and read some more fables, or turn on #CNN
    BIG #Facts! I am completely aware that #Trump and #Republicans, along with Camel Toe and #DemonRats, will claim that "#Israel and the #Jews are the "Good Guys" but that's simply a LIE! It's not only a complete fabrication and a lie..... But it's one based purely on the #Satanic Agenda of the Jews! Because EVERYONE within this #Corporation you call "government" are tools of these Jew devils! If you don't like hearing the #Truth.... Maybe you should go and read some more fables, or turn on #CNN
    0 Commentaires 0 Parts 421 Vue
  • TOM HANKS NAMED AS DIDDY'S "SICKEST PARTICIPANT"
    IN PEDOPHILE INVESTIGATION

    EVERYONE enjoys themselves some "hopium" on occasion.......
    These people like to believe that "#Justice will prevail"

    I'd just like to remind those people,
    THIS IS THE SAME #FBI THAT PROTECTS #Pedophiles, and other #Criminals!
    They themselves ARE THE CRIMINALS!

    So "Do I believe any of this BS about Diddy or Forest getting prosecuted?"
    NO, I don't. This is smoke and mirrors, kinda like ELECTIONS are!

    https://old.bitchute.com/video/Xoy1geUdsM9q/
    TOM HANKS NAMED AS DIDDY'S "SICKEST PARTICIPANT" IN PEDOPHILE INVESTIGATION EVERYONE enjoys themselves some "hopium" on occasion....... These people like to believe that "#Justice will prevail" I'd just like to remind those people, THIS IS THE SAME #FBI THAT PROTECTS #Pedophiles, and other #Criminals! They themselves ARE THE CRIMINALS! So "Do I believe any of this BS about Diddy or Forest getting prosecuted?" NO, I don't. This is smoke and mirrors, kinda like ELECTIONS are! https://old.bitchute.com/video/Xoy1geUdsM9q/
    OLD.BITCHUTE.COM
    Tom Hanks Named as Diddy's "Sickest Participant" in Pedophile Investigation
    Tom Hanks has been portrayed by Hollywood as the classic wholesome, boy-next-door figure, but those who have shared a movie set with him paint a more disturbing picture. The entertainment industry is reeling as the FBI builds another case against S…
    0 Commentaires 0 Parts 400 Vue
  • The term LD stands for Lunar Distance, which is a unit of measurement used in astronomy to express the distance between the Earth and the Moon. One LD is approximately 384,400 kilometers (or about 238,855 miles), the average distance from the Earth to the Moon.

    When discussing asteroid distances in terms of LD, it indicates how far the asteroid is from Earth relative to the Moon's distance. For example:

    0.5 LD means the asteroid is half the distance from the Earth to the Moon (about 192,200 kilometers).
    1 LD means the asteroid is at the same average distance as the Moon.
    10 LD means the asteroid is ten times farther away than the Moon's average distance.
    Why is LD used for asteroids?
    Using LD is a convenient way to quickly understand the proximity of asteroids to Earth, especially for Near-Earth Objects (NEOs). It provides a clear, relatable frame of reference since the Moon is a familiar benchmark.

    For instance:

    An asteroid passing at 0.1 LD (about 38,440 kilometers) is considered a very close approach.
    An asteroid at 5 LD (1,922,000 kilometers) is farther but still monitored, depending on its size and trajectory.
    The term LD stands for Lunar Distance, which is a unit of measurement used in astronomy to express the distance between the Earth and the Moon. One LD is approximately 384,400 kilometers (or about 238,855 miles), the average distance from the Earth to the Moon. When discussing asteroid distances in terms of LD, it indicates how far the asteroid is from Earth relative to the Moon's distance. For example: 0.5 LD means the asteroid is half the distance from the Earth to the Moon (about 192,200 kilometers). 1 LD means the asteroid is at the same average distance as the Moon. 10 LD means the asteroid is ten times farther away than the Moon's average distance. Why is LD used for asteroids? Using LD is a convenient way to quickly understand the proximity of asteroids to Earth, especially for Near-Earth Objects (NEOs). It provides a clear, relatable frame of reference since the Moon is a familiar benchmark. For instance: An asteroid passing at 0.1 LD (about 38,440 kilometers) is considered a very close approach. An asteroid at 5 LD (1,922,000 kilometers) is farther but still monitored, depending on its size and trajectory.
    0 Commentaires 0 Parts 329 Vue
  • My second book is now available via Amazon or if you’d like a signed copy you can visit my store below! I’m very excited to have published not one but two books this year. Absolutely insane to me. I wanted to also say thank you to everyone who has supported me and my work whether it’s on YouTube, my books etc. I appreciate each and every one of you

    Amazon: https://a.co/d/eEeNeic
    Official store: https://mysteryarchives.myshopify.com/products/stories-from-the-archives-volume-2
    My second book is now available via Amazon or if you’d like a signed copy you can visit my store below! I’m very excited to have published not one but two books this year. Absolutely insane to me. I wanted to also say thank you to everyone who has supported me and my work whether it’s on YouTube, my books etc. I appreciate each and every one of you ❤️ Amazon: https://a.co/d/eEeNeic Official store: https://mysteryarchives.myshopify.com/products/stories-from-the-archives-volume-2
    0 Commentaires 0 Parts 337 Vue
  • These Freemason scumbags basically run EVERYTHING!
    and they always have!

    But nowadays they've been exposed!
    Here's a decent page to do a little research!

    https://www.thestoryoftexas.com/discover/artifacts/grand-united-order-odd-fellows-chart
    These Freemason scumbags basically run EVERYTHING! and they always have! But nowadays they've been exposed! Here's a decent page to do a little research! https://www.thestoryoftexas.com/discover/artifacts/grand-united-order-odd-fellows-chart
    WWW.THESTORYOFTEXAS.COM
    Grand United Order of Odd Fellows Chart | Bullock Texas State History Museum
    This symbolic chart is from the Grand United Order of Odd Fellows, an African American counterpart to the Odd Fellows.
    0 Commentaires 0 Parts 287 Vue
  • Huge news guys! My second book is now out via beyond the fray publishing and I am beyond stoked to share this next volume with the world. You can grab a copy by visiting Amazon today or my official merchandise store if you want a signed copy. Volume 1 is also available alongside volume 2 and you'll automatically get a discount if you buy both from the store! Let's see if we can get this one to best seller status as well! Alongside that the new video is gonna be pretty long so I'm gonna put off the release until next week so I can edit it just how I like it. Love you all and I hope you have a wonderful weekend!

    Amazon: https://a.co/d/eEeNeic
    Official store: https://mysteryarchives.myshopify.com/products/stories-from-the-archives-volume-2
    Huge news guys! My second book is now out via beyond the fray publishing and I am beyond stoked to share this next volume with the world. You can grab a copy by visiting Amazon today or my official merchandise store if you want a signed copy. Volume 1 is also available alongside volume 2 and you'll automatically get a discount if you buy both from the store! Let's see if we can get this one to best seller status as well! Alongside that the new video is gonna be pretty long so I'm gonna put off the release until next week so I can edit it just how I like it. Love you all and I hope you have a wonderful weekend! Amazon: https://a.co/d/eEeNeic Official store: https://mysteryarchives.myshopify.com/products/stories-from-the-archives-volume-2
    0 Commentaires 0 Parts 528 Vue

  • Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract

    Waiver of Subrogation Applies in Marine Insurance Policy

    Post 4938

    Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog.

    Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy.

    In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes.

    BACKGROUND

    The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized.

    Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims.

    THE TIME CHARTER

    Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood.

    THE POLICY

    The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured.

    THE MASTER SERVICES CONTRACTS.

    Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims.

    ANALYSIS

    Fieldwood’s Motion

    Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood.

    U.S. Specialty Waived Its Rights of Subrogation

    The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood.

    Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention.

    The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation.

    Fieldwood’s motion for partial summary judgment was GRANTED.

    ZALMA OPINION

    Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver.

    (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
    Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract Waiver of Subrogation Applies in Marine Insurance Policy Post 4938 Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog. Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy. In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes. BACKGROUND The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized. Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims. THE TIME CHARTER Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood. THE POLICY The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured. THE MASTER SERVICES CONTRACTS. Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims. ANALYSIS Fieldwood’s Motion Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood. U.S. Specialty Waived Its Rights of Subrogation The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood. Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention. The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation. Fieldwood’s motion for partial summary judgment was GRANTED. ZALMA OPINION Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver. (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
    0 Commentaires 0 Parts 951 Vue

  • Appear for a Scheduled EUO or Lose

    Failure to Honor Conditions Precedent Voids Coverage in New York

    Post 4937

    Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear.

    In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm.

    The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”).

    FACTS

    The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute.

    FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT

    The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript.

    State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims.

    State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims.

    Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants.

    CONCLUSION

    State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry.

    ZALMA OPINION

    The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion.

    (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
    Appear for a Scheduled EUO or Lose Failure to Honor Conditions Precedent Voids Coverage in New York Post 4937 Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear. In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm. The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”). FACTS The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute. FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript. State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims. State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims. Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants. CONCLUSION State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry. ZALMA OPINION The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion. (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
    0 Commentaires 0 Parts 1KB Vue
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