Falsely Claiming to Be an Insurer Can be Criminal To Sue for Business Disparagement Evidence is Required Post 4951, Posted on December 17, 2024 by Barry Zalma Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. See the full video at and at Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation. BACKGROUND This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation. The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not. OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering. DISCUSSION Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case. Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim. Business Disparagement The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure. The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases. Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above. ZALMA OPINION Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action. The State of Utah Department of Insurance should consider this case. (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

Burdick v. United States, 236 U.S. 79 (1915) declared that accepting a pardon is an admission of guilt. “There are substantial differences between legislative immunity and a pardon; the latter carries an imputation of guilt and acceptance of a confession of it, while the former is noncommittal, and tantamount to silence of the witness,” legislation declares. “There is a distinction between amnesty and pardon; the former overlooks the offense, and is usually addressed to crimes against the sovereignty of the state and political offenses, the latter remits punishment and condones infractions of the peace of the state.” The deep state will say that the committee should be preemptively pardoned in case Donald Trump prosecutes his political enemies as the left has done relentlessly over the past four years. Pardoning Bennie Thompson would also likely result in a pardon for Liz Cheney as both have allegedly destroyed evidence surrounding the J6 case. https://www.armstrongeconomics.com/world-news/corruption/pardon-for-j6-committee/

IT'S NOT SO MUCH WHAT YOU DID ON THE COMMITTEE YOU GUYS A PRETTY MUCH INDEMNIFIED... ITS THAT YOU DESTROYED EVIDENCE... THAT IS TREASON...

DENY DENY DENY. THEN CALL EVERYONE LIARS... WHITE HOUSE UPDATE ON DRONE SIGHTINGS: "We have no evidence at this time that the reported drone sightings pose a national security or a public safety threat or have a foreign nexus... We have not been able to...corroborate any of the reported visual sightings."

he Spirit of Christ has return to bless the Highest of Teachings within religion's sophistry, blocking all from Immortality. Be you a believer of the faith-based religions, be informed, Christ has spoken through the Ascended Master Vorthieu - the fourth Wise man! Spiritual phenomena experienced now, direct from Christ, released a truth hidden from all mankind, we are all lifted in Higher Consciousness. Amen. Amazing self-evidential Truth, from that which we know the heart and mind of God. The full 52 minutes Spiritual Truth will be on public on December, 25, 2024 as a gift from Spiritualism Australia Limited Family. Please donate 🙏🏾for we are dedicated to give you the Ultimate Truth Based upon physical evidence, faith is fine, however, fact is superior. https://paypal.me/HIGHERSPIRITUALISMAU?country.x=AU&locale.x=en_AU May this Christmas and all your days be as Christmas in celebration, love and Education. 🌸 Sri Sunkara https://shamballaandmasters.blogspot.com/... #christmas2024 #education #newage #truth #freedom #jesus #Christmas #christconsciousness #ascendedmasters #thefourthwiseman #spirituality #higherspiritualism

Lose if You Fail to Respond to Motion for Summary Disposition INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT Post 4943 Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute. In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff. FACTUAL BACKGROUND After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute. The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident. THRESHOLD INJURY Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument. The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain. Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement. FRAUDULENT INSURANCE ACT A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute. An individual commits a “fraudulent insurance act” when: 1 the person presents or causes to be presented an oral or written statement, 2 the statement is part of or in support of a claim for no-fault benefits, and 3 the claim for benefits was submitted to the to the insurer or the state, further, 4 the person must have known that the statement contained false information, and 5 the statement concerned a fact or thing material to the claim. As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants. ZALMA OPINION As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought. (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 Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.

To Prove Fraud a Preponderance of the evidence is Required An article For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe A small portion of what was provided to subscribers.The Supreme Court, reviewing the law in other states found: “Although a few jurisdictions require that exclusions from coverage be proved by clear and convincing evidence, the burden of proving insurance policy exclusionary provisions is usually a preponderance of the evidence. Lee R. Russ & Thomas F. Segalla, 17 Couch on Insurance 254:14 (3d ed. 2003) [hereinafter Couch]; compare Rego v. Conn. Ins. Placement Facility, 593 A.2d 491, 494-95 (Conn. 1991) (following the majority of courts and commentators suggesting that insurers must prove policy defenses by a preponderance of the evidence), with Am. Family Mut. Ins. Co. v. Schley, 978 F. Supp. 870, 874-75 (E.D. Wis. 1997).” Applying the preponderance of the evidence burden to a concealment or misrepresentation defense, the Arizona Supreme Court concluded comports with sound reason and is supported by major commentators in the field. In fact, the Supreme Court pointed out that the Arizona Court of Appeals has held that the defense of arson, which by its nature may impute fraudulent representations to the insurer, must be proved only by a preponderance of the evidence.

CHUTZPAH: GET AWAY WITH MURDER AND COMPLAIN ABOUT SENTENCE Burn Husband to Death for Insurance Money & Plea to Avoid Jail Post 4942 Posted on December 10, 2024 by Barry Zalma See the full video at and at FACTS Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction. In State Of Tennessee v. Mendy Powell Neal, No. M2023-01176-CCA-R3-CD, Court of Criminal Appeals of Tennessee, Nashville (November 26, 2024) the Court of Criminal Appeals affirmed the trial court. The Defendant’s husband, Matthew Neal, died in a house fire that totally consumed the couple’s Charlotte log home. The Defendant was charged with the first degree premediated murder of the victim, the first degree felony murder of the victim during the perpetration of an aggravated arson, and the aggravated arson of the home. The Defendant proceeded to a jury trial where the State presented evidence for three days establishing the crimes. The neighbor, Mr. Swan and a responding deputy, who could hear the victim moaning on the other side of the closed front door, attempted to enter the home but were unable due to the intensity of the fire. The next day, the victim’s burned body was found within ten feet of the front door. The victim was burned over 95% of his body and died of carbon monoxide toxicity and thermal injury. Autopsy showed he was drugged and couldn’t escape. Regardless of the evidence of premeditated murder the trial court found that the Defendant’s lack of a criminal history was an applicable mitigating factor and enhancement factors that the victim was particularly vulnerable because of age or physical or mental disability, that the Defendant treated or allowed the victim to be treated with exceptional cruelty during the commission of the offense, that the Defendant had no hesitation about committing the crime when the risk to human life was high, and that the Defendant abused a position of private trust that significantly facilitated the commission of the offense. The trial court found that sentencing the Defendant to the maximum length in the Tennessee Department of Correction “was the just and proper sentence due to the Defendant’s misrepresentation and dishonesty as well as the overwhelming circumstantial proof of Defendant’s conniving and forethought regarding the crime.” ANALYSIS The Court of Criminal Appeals found that there was nothing that warranted waiver of the timely notice of appeal requirement with respect to the trial court’s original sentencing determinations and the trial court acted well within its discretion in declining to reduce or modify the Defendant’s sentence. The Defendant did not show any circumstances, warranting the alteration of her sentence in the interest of justice. ZALMA OPINION It takes a massive amount of chutzpah (Yiddish for unmitigated gall) to drug your husband so he could not escape being burned to death after setting fire to the house to kill him and collect on a life insurance policy, and then, when damning evidence was presented offer a Alford plea to manslaughter. To then complain that court imposed the maximum sentence even though her agreement with the court changed the aggravated, premeditated murder that could have resulted in life in prison to manslaughter and only 4 years. (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 Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.

Huh…what do have here? Oh…it’s the evidence that conspiracy theorists have been churning up for over 100 years: that the United States funds both sides of every war.

It seems to be a really big issue with the Atheists..... They will claim "It requires no #Faith to be an #Atheist!" "We are simply saying that we don't believe YOUR explanation!" But actually.... It DOES require Faith! Because there is a large body of #Evidence supporting people's belief in the Most High... and they are choosing to disregard that evidence, in most cases, in favor of an explanation like.... ‘From Absolutely Nothing:’ The Logical Extension Of Atheism The logical conclusion of atheism is the belief that there was once Absolutely Nothing. For a very, very long time, Absolutely Nothing did absolutely nothing. But one day, without warning, Absolutely Nothing created Everything, for no apparent reason. It did this in a magical explosion which came from Absolutely Nothing. For a very long time after this, the Everything that came from Absolutely Nothing was completely dead. The Dead Everything just drifted around, randomly clumping together, eventually forming stars and planets, solar systems and galaxies, powerful black holes and beautiful gas nebulae. Absolutely Nothing taught it how to do this. On Earth, the Dead Everything formed itself into oceans and islands, stunningly beautiful mountain ranges, magnificent waterfalls, deep valleys, monumental glaciers and warm tropical beaches. Absolutely Nothing taught the Dead Everything that used to be nothing how to do this. But there was no life. Dead Everything was completely dead. Not a single living cell. Not a blade of grass. Not the smallest microbe in the ocean. Just dead, inanimate matter. But then another magical thing happened. One day, without warning, for no reason whatsoever, Dead Everything magically created living cells. We have no idea how Dead Everything did this, because we still can’t do this today, despite all our technology and the accumulated wisdom of our greatest scientific minds. The Dead Everything must have been extremely clever, probably because it was taught by Absolutely Nothing. We also don’t know why Dead Everything isn’t still creating living cells from dead matter today. Perhaps Absolutely Nothing originally told Dead Everything how to do it, but now Dead Everything has forgotten. Anyway, the magical living cells, created by Dead Everything had no intelligence of their own, yet they eventually formed themselves into grass and trees, fish and birds, insects and reptiles, and mammals of all shapes and sizes. Absolutely Nothing told the magical living cells how to do this. Absolutely Nothing did this by creating a highly complex biological coding, called DNA, that it placed inside every living cell. This is a coded set of instructions more complex than the most sophisticated computers mankind has ever built. Absolutely Nothing eventually gave every living cell a complete set of these instructions, involving literally billions of lines of specific biological code, telling each cell how to grow into all the different lifeforms that we see today. Absolutely Nothing told some living cells how to eventually grow into Atheists. Atheists believe in Absolutely Nothing. They have told the rest of us how Absolutely Nothing created Dead Everything in the beginning and how Absolutely Nothing then magically created the living world that we see around us today. We don’t know how Atheists learned about all this, since they weren’t there in the beginning when all of this supposedly happened. Perhaps Absolutely Nothing told them. Atheists have also told the rest of us that when we die, we go to Absolutely Nothing and turn into Absolutely Nothing ourselves. This is very exciting news! In the meantime, this understanding of our origins and eventual destiny gives us meaning and purpose. Since we now know that we came from Absolutely Nothing and will return to Absolutely Nothing, we can live our whole lives for Absolutely Nothing. Our ethics and morals are based upon Absolutely Nothing, and we serve Absolutely Nothing faithfully. Thank goodness for Atheism. Atheists. And they mock Christian beliefs! Anything you say...... **Smile and Nod** Personally.... I don't really care WHAT you believe! But when you attack my beliefs I feel the need to point out the flaws in your own