USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (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

Are We in the Midst of a Noah Redux? –An Intro https://tinyurl.com/4ptnttzy SUMMARY: I ran into an interesting post on the Christian website Rapture Ready entitled, “The Days of Noah Redux”. The premise is that the days prior to Noah’s Flood was an Earth culture so corrupt and deviant from the Creator’s Design, that the Almighty decided to wash it all away and start a do-over with Noah’s family. The “Redux” being that world-wide culture has again been overtaken by corruption and deviancy displeasing to the Creator….MORE TO READ! #NoahRedux #JesusArk #RemnantAwareness

Genesis Chapter 11 1 And the whole earth was of one language, and of one speech. 2 And it came to pass, as they journeyed from the east, that they found a plain in the land of Shinar; and they dwelt there. 3 And they said one to another, Go to, let us make brick, and burn them throughly. And they had brick for stone, and slime had they for morter. 4 And they said, Go to, let us build us a city and a tower, whose top may reach unto heaven; and let us make us a name, lest we be scattered abroad upon the face of the whole earth. 5 And the LORD came down to see the city and the tower, which the children of men builded. 6 And the LORD said, Behold, the people is one, and they have all one language; and this they begin to do: and now nothing will be restrained from them, which they have imagined to do. 7 Go to, let us go down, and there confound their language, that they may not understand one another's speech. 8 So the LORD scattered them abroad from thence upon the face of all the earth: and they left off to build the city. 9 Therefore is the name of it called Babel; because the LORD did there confound the language of all the earth: and from thence did the LORD scatter them abroad upon the face of all the earth. 10 These are the generations of Shem: Shem was an hundred years old, and begat Arphaxad two years after the flood: 11 And Shem lived after he begat Arphaxad five hundred years, and begat sons and daughters. 12 And Arphaxad lived five and thirty years, and begat Salah: 13 And Arphaxad lived after he begat Salah four hundred and three years, and begat sons and daughters. 14 And Salah lived thirty years, and begat Eber: 15 And Salah lived after he begat Eber four hundred and three years, and begat sons and daughters. 16 And Eber lived four and thirty years, and begat Peleg: 17 And Eber lived after he begat Peleg four hundred and thirty years, and begat sons and daughters. 18 And Peleg lived thirty years, and begat Reu: 19 And Peleg lived after he begat Reu two hundred and nine years, and begat sons and daughters. 20 And Reu lived two and thirty years, and begat Serug: 21 And Reu lived after he begat Serug two hundred and seven years, and begat sons and daughters. 22 And Serug lived thirty years, and begat Nahor: 23 And Serug lived after he begat Nahor two hundred years, and begat sons and daughters. 24 And Nahor lived nine and twenty years, and begat Terah: 25 And Nahor lived after he begat Terah an hundred and nineteen years, and begat sons and daughters. 26 And Terah lived seventy years, and begat Abram, Nahor, and Haran. 27 Now these are the generations of Terah: Terah begat Abram, Nahor, and Haran; and Haran begat Lot. 28 And Haran died before his father Terah in the land of his nativity, in Ur of the Chaldees. 29 And Abram and Nahor took them wives: the name of Abram's wife was Sarai; and the name of Nahor's wife, Milcah, the daughter of Haran, the father of Milcah, and the father of Iscah. 30 But Sarai was barren; she had no child. 31 And Terah took Abram his son, and Lot the son of Haran his son's son, and Sarai his daughter in law, his son Abram's wife; and they went forth with them from Ur of the Chaldees, to go into the land of Canaan; and they came unto Haran, and dwelt there. 32 And the days of Terah were two hundred and five years: and Terah died in Haran.

Tiny Homes NOT Allowed: County Commissioners & State Rep SLAM Youtuber For Standing Up For the Poor! 159,806 views Dec 4, 2024 #helene #asheville #justice #helene #asheville #tinyhome #justice https://www.youtube.com/watch?v=WcBdkgqN3z8 The prohibition of tiny homes in Haywood County has sparked significant controversy, especially after YouTuber John Ward's video on the subject went viral, prompting a county commissioners' meeting. In his video, Ward highlights the county's refusal to permit tiny homes for victims of Hurricane Helene, questioning whether the commissioners will act to prevent residents from freezing this winter. Commissioner Terry Ramey has advocated for suspending certain housing regulations to assist flood survivors, emphasizing the urgency of providing warm shelter. He has collaborated with local churches to develop temporary "Rustic Cabins" for those still living in tents. However, these structures have faced pushback for not meeting residential building codes, as they lack required amenities like bathrooms. Ramey plans to address this issue at the upcoming county commissioners' meeting, seeking temporary relief from stringent codes to ensure residents have safe and warm accommodations during the winter. He acknowledges potential criticism from his appearance in Ward's video but remains committed to aiding his constituents. The debate underscores the challenges of balancing regulatory compliance with immediate humanitarian needs, especially in the aftermath of natural disasters. Camp Rosebuds GOFUNDME: https://gofund.me/acc9425c Email me: [email protected]

Tiny Homes NOT Allowed: County Commissioners & State Rep SLAM Youtuber For Standing Up For the Poor! 159,806 views Dec 4, 2024 #helene #asheville #justice #helene #asheville #tinyhome #justice The prohibition of tiny homes in Haywood County has sparked significant controversy, especially after YouTuber John Ward's video on the subject went viral, prompting a county commissioners' meeting. In his video, Ward highlights the county's refusal to permit tiny homes for victims of Hurricane Helene, questioning whether the commissioners will act to prevent residents from freezing this winter. Commissioner Terry Ramey has advocated for suspending certain housing regulations to assist flood survivors, emphasizing the urgency of providing warm shelter. He has collaborated with local churches to develop temporary "Rustic Cabins" for those still living in tents. However, these structures have faced pushback for not meeting residential building codes, as they lack required amenities like bathrooms. Ramey plans to address this issue at the upcoming county commissioners' meeting, seeking temporary relief from stringent codes to ensure residents have safe and warm accommodations during the winter. He acknowledges potential criticism from his appearance in Ward's video but remains committed to aiding his constituents. The debate underscores the challenges of balancing regulatory compliance with immediate humanitarian needs, especially in the aftermath of natural disasters. Camp Rosebuds GOFUNDME: https://gofund.me/acc9425c Email me: [email protected]

Tiny HOMES NOT ALLOWED Why I think that Helene Victims Are NOT ALLOWED to Live in Tiny Houses 521,014 views Dec 1, 2024 https://www.youtube.com/watch?v=2OWWBiu0S6U The FBI is prepared to arrest ANY county officials in North Carolina for depriving flood victims of relief efforts! About time they did their jobs! Support the Appalachian channels' efforts in the Helene recovery by clicking the link below. https://www.paypal.com/ncp/payment/TXSX3KRDW9X42 [email protected] You can also Send Lowes or Visa gift Cards to John Ward The Appalachian Channel 312 Beverly Hills Ln LaFollette TN 37766 Many thanks John Ward The Appalachian Channel [email protected]

Tiny HOMES NOT ALLOWED Why I think that Helene Victims Are NOT ALLOWED to Live in Tiny Houses 521,014 views Dec 1, 2024 https://www.youtube.com/watch?v=2OWWBiu0S6U The FBI is prepared to arrest ANY county officials in North Carolina for depriving flood victims of relief efforts! About time they did their jobs! Support the Appalachian channels' efforts in the Helene recovery by clicking the link below. https://www.paypal.com/ncp/payment/TXSX3KRDW9X42 [email protected] You can also Send Lowes or Visa gift Cards to John Ward The Appalachian Channel 312 Beverly Hills Ln LaFollette TN 37766 Many thanks John Ward The Appalachian Channel [email protected]

Litigation floodgates are now open for the mRNA (Covid-)vaccine-injured. Here is a current comprehensive list of all 90 attorneys around the world available for lawsuits against vaccine manufacturers. https://deeprootsathome.com/list-of-attorneys-worldwide-now-available-for-lawsuits/

WHAT 'GOD' IS RELIGION WORSHIPPING? - DAVID ICKE DOT-CONNECTOR VIDEOCAST Well David, I really could not tell you! "Religion" is the traditions of MAN, and really have NOTHING to do with the word of YHWH! While I'm a very strong believer.... I'm NOT "religious" at all I put my faith and trust in Him who Created me, and protected my bloodline so that I could be here discussing your nonsense TODAY! Anyway.... David Icke's New Age drivel has went into overdrive...... And now he's attacking the Creator! While I enjoy hearing David's perspective most times, except for the new age drivel he pushes.... Like the hypnosis hosespit.... He simply don't know what he is talking about. If he actually knew anything about YHWH, his Creator, he would know that he commanded "So much killing" in the old testament because the #Nephilim had infected human DNA, along with the animals, birds and fish (Just like is happening NOW) and those same Nephilim were EATING mankind and drinking their blood etc.... and had just about eradicated mankind, which is what triggered the flood! And the reason they were commanded to "Kill them all" is because they were those Nephilim hybrid GIANTS! Which were threatening to eradicate His Creation! (Man) Rob Skiba explained it very well in a video he did about the book of Enoch, Jasher, Jubilees (Removed books) where that information is obtained. So if you need an answer to David's question.... Perhaps you should head over there and educate yourself as well Defending the book of Enoch and explaining the Pre and Post-Flood Nephilim https://youtu.be/LxohctQwRNw He is critiquing something because he don't fully know what he is talking about. And BTW.... there are very few actual "Christians" in the world. A lot claim to be! I was wondering when the new age BS would turn into outright blasphemy https://old.bitchute.com/video/12CdpftZiFAz/

Thursday, December 5, 2024 Bishop Robert Barron Cycle C Advent 1st wk of Advent Bible References Matthew 7:21, Matthew 7:24-27 Friends, in today’s Gospel, Jesus closes his Sermon on the Mount by showing us the importance of applying his teaching: “Everyone who listens to these words of mine and acts on them will be like a wise man who built his house on rock. The rain fell, the floods came, and the winds blew and buffeted the house. But it did not collapse.” This is the heart of it: if you are rooted in God, then you can withstand anything, precisely because you are linked to that power which is creating the cosmos. You will be blessed at the deepest place, and nothing can finally touch you. But the one who does not take Jesus’ words to heart “will be like the fool who built his house on sand. The rain fell, the floods came, and the winds buffeted the house. And it collapsed and was completely ruined.” When the inevitable trials come, the life built on pleasure, money, power, or fame will give way. So the question is a simple one: Where do you stand? How goes it with your heart? On what, precisely, is the whole of your life built? Gospel Reflections Meditate on Daily Gospel Reflections from Bishop Robert Barron