• The Appearance of Leftist Fear
    Vilification of Trump Nominees – Looking at RFK Jr.
    https://johnhouk.substack.com/p/the-appearance-of-leftist-fear

    SUMMARY: The Dem-Marxists, RINOs, the Mockingbird MSM and Globalist-Leftists in general have been expressing their vilifying propaganda of hate AGAINST President-Elect Trump’s nominations. YOU should ask yourself, “Why?” … I ran into a great interview between OAN host Stella Escobedo and Dr. Peter McCullough focused on Trump Nominee RFK Jr for HHS Secretary. …READ & WATCH!
    #RFKjr #HHSNominee #MAGAMandate
    The Appearance of Leftist Fear Vilification of Trump Nominees – Looking at RFK Jr. https://johnhouk.substack.com/p/the-appearance-of-leftist-fear SUMMARY: The Dem-Marxists, RINOs, the Mockingbird MSM and Globalist-Leftists in general have been expressing their vilifying propaganda of hate AGAINST President-Elect Trump’s nominations. YOU should ask yourself, “Why?” … I ran into a great interview between OAN host Stella Escobedo and Dr. Peter McCullough focused on Trump Nominee RFK Jr for HHS Secretary. …READ & WATCH! #RFKjr #HHSNominee #MAGAMandate
    JOHNHOUK.SUBSTACK.COM
    The Appearance of Leftist Fear
    Vilification of Trump Nominees – Looking at RFK Jr.
    0 Commentarii 0 Distribuiri 787 Views

  • Occam’s Razor

    Exclusion for Work Performed by Insured Defeats Claim for Construction Defects
    Post 4935

    Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts.

    The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project.

    APPLICATION OF OCCAM’S RAZOR

    The analysis technique that proposes that the simplest of competing theories be preferred to the more complex.

    FACTUAL BACKGROUND

    Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed.

    From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project.

    Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction.

    DUTY TO DEFEND

    Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage.

    The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project.

    ANALYSIS

    The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply?

    The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute.

    THE HOLDING

    There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it.

    The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole.

    Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied.

    ZALMA OPINION

    This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

    Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

    Subscribe to my substack at https://barryzalma.substack.com/subscribe

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk

    Subscribe to my substack at https://lnkd.in/gmmzUVBy
    Occam’s Razor Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Read the full article at https://lnkd.in/gT_NsMHv, see the full video at https://lnkd.in/gqkPHYbp and at https://lnkd.in/gEEXkUe3, and at https://zalma.com/blog plus more than 4900 posts. The question presented to the U.S. First Circuit Court of Appeals was whether a contractor’s CGL insurance policy covers general damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project. APPLICATION OF OCCAM’S RAZOR The analysis technique that proposes that the simplest of competing theories be preferred to the more complex. FACTUAL BACKGROUND Applying Massachusetts law, the district court concluded that Admiral had no duty to defend Tocci in Admiral Insurance Company, Starr Indemnity & Liability Company, Great American Assurance Company v. Tocci Building Corporation, Tocci Residential LLC, John L. Tocci, Sr., No. 22-1462, United States Court of Appeals, First Circuit (November 8, 2024) and Tocci appealed. From 2013 to 2016, Tocci was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (“Toll”). There were several work quality issues and delays on the project, and Toll eventually terminated Tocci in March 2016 for alleged mismanagement of the project. Toll sued with allegations regarding instances of defective work leading to property damage. The allegations included defective work by Tocci’s subcontractors resulting in various instances of property damage to non-defective work on the project, including (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil settlement due to improper backfill and soil compaction. DUTY TO DEFEND Tocci sought defense and indemnity coverage under the Admiral insurance policies. Admiral denied coverage. The district court granted Admiral’s motion on duty to defend because the damage alleged in Toll’s complaint did not qualify as “property damage” as defined in the policy because the allegations consisted entirely of damage at Tocci’s own project. ANALYSIS The First Circuit considered three steps to the coverage analysis: (1) Do the damages alleged in the action fall within the scope of coverage?; (2) if so, do the exclusions to coverage apply?; and (3) if so, do any exceptions to the exclusions apply? The First Circuit noted that there is a sharp split of authority on whether damage to non-defective work resulting from a subcontractor’s defective work constitutes “property damage” or is caused by an “occurrence.” The First Circuit decided to avoid the issues of what constitutes “property damage” by focusing on the exclusions which were sufficient to resolve the complete dispute. THE HOLDING There are two “Damage to Property” exclusions that provide that there is no coverage for “property damage” to: that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the ‘property damage’ arises out of those operations; or that particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. The First Circuit, applying Occam’s Razor, focused its analysis on the exclusion it concluded covers the allegations in the Toll complaint. Since the complaint alleges damage resulting from Tocci’s “incorrectly performed” work on the entire project “[t]hat particular part of any property that must be restored, repaired or replaced because ‘[Tocci’s] work’ was incorrectly performed on it” refers to the entirety of the project where Tocci was the general contractor charged with supervising and managing the project as a whole. Therefore, the First Circuit concluded that Admiral met its burden of establishing that the Toll action only alleges damage falling within the exclusion and that there was no exception to that exclusion that applied. ZALMA OPINION This is a case of a court applying Occam’s Razor, by picking an easy and obvious solution – the application of an exclusion – and avoiding the problem of different court rulings on coverage about “property damage” and “occurence.” Since the exclusion clearly applied there was no duty to defend. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk Subscribe to my substack at https://lnkd.in/gmmzUVBy
    LNKD.IN
    Occam’s Razor
    Exclusion for Work Performed by Insured Defeats Claim for Construction Defects Post 4935 Posted on November 18, 2024 by Barry Zalma See the full video at https://rumble.com/v5po3z8-occams-razor.
    0 Commentarii 0 Distribuiri 980 Views
  • Recent congressional hearings have focused on the alleged recovery and reverse engineering of unidentified anomalous phenomena (UAPs), commonly referred to as UFOs. Witnesses have claimed the existence of secret government programs aimed at understanding and replicating advanced technologies from these objects. However, the Pentagon has denied these claims, stating that they have no verifiable information to support them. The topic of UAPs and potential reverse engineering has sparked debate and speculation. Some believe that the government is withholding crucial information from the public, while others remain skeptical of the claims.

    The potential implications of successful UAP reverse engineering are significant. It could lead to revolutionary advancements in various fields, including propulsion, materials science, and energy technology. However, it could also raise ethical concerns about the use of such advanced technology and its potential impact on society.
    Recent congressional hearings have focused on the alleged recovery and reverse engineering of unidentified anomalous phenomena (UAPs), commonly referred to as UFOs. Witnesses have claimed the existence of secret government programs aimed at understanding and replicating advanced technologies from these objects. However, the Pentagon has denied these claims, stating that they have no verifiable information to support them. The topic of UAPs and potential reverse engineering has sparked debate and speculation. Some believe that the government is withholding crucial information from the public, while others remain skeptical of the claims. The potential implications of successful UAP reverse engineering are significant. It could lead to revolutionary advancements in various fields, including propulsion, materials science, and energy technology. However, it could also raise ethical concerns about the use of such advanced technology and its potential impact on society.
    0 Commentarii 0 Distribuiri 870 Views
  • As the new administration is focused on reform, efficiency, cutting bloat, waste, and corruption...

    The old administration is focused on lighting billions more on fire in Ukraine before Jan 20th.
    As the new administration is focused on reform, efficiency, cutting bloat, waste, and corruption... The old administration is focused on lighting billions more on fire in Ukraine before Jan 20th.
    Like
    1
    0 Commentarii 0 Distribuiri 242 Views 0

  • From a friend
    **Please READ the following to the end … It will open your understanding of what the World as a whole suffered in the past four years … and Still Suffer …**

    **Their Plandemic Failed … but don’t worry … They Still Have PLAN B … starting in 2025 … that will last at least to 2030 …**

    **Unless We The People … ACT … Immediately …**

    ***“CDC Planned National Quarantine Camps”***

    ***By Jeffrey A. Tucker November 7, 2024***

    ***“The plan was to enforce this with a vaccine passport. It broke. Once the news leaked that the shot didn’t stop infection or transmission, the planners lost public support and the scheme collapsed.”***

    ***“No matter how bad you think COVID-19 policies were, they were intended to be worse. Consider the vaccine passports alone.***

    ***Six cities were locked down to include only the vaccinated in public indoor places. They were New York City, Boston, Chicago, New Orleans, Washington, D.C., and Seattle.***

    ***The plan was to enforce this with a vaccine passport. It broke. Once the news leaked that the shot didn’t stop infection or transmission, the planners lost public support and the scheme collapsed.***

    ***It was undoubtedly planned to be permanent and nationwide if not worldwide. Instead, the scheme had to be dialled back.***

    ***Features of the Centers for Disease Control and Prevention (CDC) edicts did incredible damage. It imposed the rent moratorium. It decreed the ridiculous ‘six feet of distance’ and ‘mask mandates’.***

    ***It forced Plexiglas as the interface for commercial transactions. It implied that mail-in balloting must be the norm, which probably flipped the election. It delayed the reopening as long as possible. It was sadistic.***

    ***Even with all that, worse was planned. On July 26, 2020, with the George Floyd riots having finally settled down, the CDC issued a plan for establishing nationwide quarantine camps.***

    ***People were to be isolated, given only food and some cleaning supplies. They would be banned from participating in any religious services.***

    ***The plan included contingencies for preventing suicide. There were no provisions made for any legal appeals or even the right to legal counsel.***

    ***The plan’s authors were unnamed but included 26 footnotes. It was completely official. The document was only removed on about March 26, 2023.***

    ***During the entire intervening time, the plan survived on the CDC’s public site with little to no public notice or controversy.***

    ***It was called ‘Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings’.***

    ***‘This document presents considerations from the perspective of the U.S. Centers for Disease Control & Prevention (CDC) for implementing the shielding approach in humanitarian settings as outlined in guidance documents focused on camps, displaced populations and low-resource settings. …’***

    ***‘This approach has never been documented and has raised questions and concerns among humanitarian partners who support response activities in these settings.’***

    ***‘The purpose of this document is to highlight potential implementation challenges of the shielding approach from CDC’s perspective and guide thinking around implementation in the absence of empirical data.’***

    ***‘Considerations are based on current evidence known about the transmission and severity of coronavirus disease 2019 (COVID-19) and may need to be revised as more information becomes available.’***

    ***By the absence of empirical data, the meaning is: that nothing like this has ever been tried. The point of the document was to map out how it could be possible and alert authorities to possible pitfalls to be avoided.***

    ***The meaning of ‘shielding’ is:***

    ***‘To reduce the number of severe COVID-19 cases by limiting contact between individuals at higher risk of developing severe disease (‘high-risk’) and the general population (‘low-risk’).’***

    ***‘High-risk individuals would be temporarily relocated to safe or ‘green zones’ established at the household, neighborhood, camp/sector or community level depending on the context and setting. … They would have minimal contact with family members and other low-risk residents.’***

    ***In other words, this is what used to be concentration camps.***

    ***Who are these people who would be rounded up? They are ‘older adults and people of any age who have serious underlying medical conditions’. Who determines this? Public health authorities. The purpose?***

    ***The CDC explains: ‘physically separating high-risk individuals from the general population’ allows authorities ‘to prioritize the use of the limited available resources’.***

    ***This sounds a lot like condemning people to death in the name of protecting them.***

    ***The model establishes three levels. First is the household level. Here high-risk people are physically isolated from other household members’.***

    ***That alone is objectionable. Elders need people to take care of them. They need love and to be surrounded by family. The CDC should never imagine that it would intervene in households to force old people into separate places.***

    ***The model jumps from households to the “neighborhood level.” Here we have the same approach: forced separation of those deemed vulnerable.***

    ***From there, the model jumps again to the ‘camp/sector level’. Here it is different:***

    ***‘A group of shelters such as schools, community buildings within a camp/sector (max 50 high-risk individuals per single green zone) where high-risk individuals are physically isolated together.’***

    ***‘One entry point is used for exchange of food, supplies, etc. A meeting area is used for residents and visitors to interact while practicing physical distancing (2 meters). No movement into or outside the green zone.’***

    ***Yes, you read that correctly. The CDC is here proposing concentration camps for the sick or anyone they deem to be in danger of medically significant consequences of infection.***

    ***Further: ‘to minimize external contact, each green zone should include able-bodied high-risk individuals capable of caring for residents who have disabilities or are less mobile. Otherwise, designate low-risk individuals for these tasks, preferably who have recovered from confirmed COVID-19 and are assumed to be immune’.***

    ***The plan says in passing, contradicting thousands of years of experience, ‘Currently, we do not know if prior infection confers immunity’.***

    ***Therefore the only solution is to minimize all exposure throughout the whole population. Getting sick is criminalized.***

    ***These camps require a ‘dedicated staff’ to:***

    ***‘Monitor each green zone. Monitoring includes both adherence to protocols and potential adverse effects or outcomes due to isolation and stigma. It may be necessary to assign someone within the green zone, if feasible, to minimize movement in/out of green zones.’***

    ***The people housed in these camps need to have good explanations of why they are denied even basic religious freedom.***

    ***The report explains:***

    ***‘Proactive planning ahead of time, including strong community engagement and risk communication is needed to better understand the issues and concerns of restricting individuals from participating in communal practices because they are being shielded. Failure to do so could lead to both interpersonal and communal violence.’***

    ***Further, there must be some mechanisms to prohibit suicide: Additional stress and worry are common during any epidemic and may be more pronounced with COVID-19 due to the novelty of the disease and increased fear of infection, increased childcare responsibilities due to school closures and loss of livelihoods.***

    ***Thus, in addition to the risk of stigmatization and feeling of isolation, this shielding approach may have an important psychological impact and may lead to significant emotional distress, exacerbate existing mental illness or contribute to anxiety, depression, helplessness, grief, substance abuse or thoughts of suicide among those who are separated or have been left behind.***

    ***Shielded individuals with concurrent severe mental health conditions should not be left alone. There must be a caregiver allocated to them to prevent further protection risks such as neglect and abuse.***

    ***The biggest risk, the document explains, is as follows: “While the shielding approach is not meant to be coercive, it may appear forced or be misunderstood in humanitarian settings.”***

    ***It should go without saying but this ‘shielding’ approach suggested here has nothing to do with focused protection of the Great Barrington Declaration.***

    ***Focused protection specifically says:***

    ***‘Schools and universities should be open for in-person teaching. Extracurricular activities, such as sports, should be resumed. Young low-risk adults should work normally, rather than from home.’***

    ***‘Restaurants and other businesses should open. Arts, music, sport and other cultural activities should resume. People who are more at risk may participate if they wish, while society as a whole enjoys the protection conferred upon the vulnerable by those who have built up herd immunity.’***

    ***In four years of research, and encountering truly shocking documents and evidence of what happened in the COVID-19 years, this one certainly ranks up at the top of the list of totalitarian schemes for pathogenic control prior to vaccination. It is quite simply mind-blowing that such a scheme could ever be contemplated.***

    ***Who wrote it? What kind of deep institutional pathology exists that enabled this to be contemplated?***

    ***The CDC has 10,600 full-time employees and contractors and a budget of $11.5 billion. In light of this report, and everything else that has gone on there for four years, both numbers should be zero.”***

    https://brownstone.org/articles/the-cdc-planned-quarantine-camps-nationwide/

    **Here are some links to this article:**

    - ***“U.S. Developing Vaccine Passport System Using Complex Web of Big Tech Partnerships”***

    https://childrenshealthdefense.org/defender/us-developing-vaccine-passport-system/

    - ***"Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings***
    ***Updated July 26, 2020"***

    https://web.archive.org/web/20200728203549/https://www.cdc.gov/coronavirus/2019-ncov/global-covid-19/shielding-approach-humanitarian.html
    🚨🚨 From a friend **Please READ the following to the end … It will open your understanding of what the World as a whole suffered in the past four years … and Still Suffer …** **Their Plandemic Failed … but don’t worry … They Still Have PLAN B … starting in 2025 … that will last at least to 2030 …** **Unless We The People … ACT … Immediately …** ***“CDC Planned National Quarantine Camps”*** ***By Jeffrey A. Tucker November 7, 2024*** ***“The plan was to enforce this with a vaccine passport. It broke. Once the news leaked that the shot didn’t stop infection or transmission, the planners lost public support and the scheme collapsed.”*** ***“No matter how bad you think COVID-19 policies were, they were intended to be worse. Consider the vaccine passports alone.*** ***Six cities were locked down to include only the vaccinated in public indoor places. They were New York City, Boston, Chicago, New Orleans, Washington, D.C., and Seattle.*** ***The plan was to enforce this with a vaccine passport. It broke. Once the news leaked that the shot didn’t stop infection or transmission, the planners lost public support and the scheme collapsed.*** ***It was undoubtedly planned to be permanent and nationwide if not worldwide. Instead, the scheme had to be dialled back.*** ***Features of the Centers for Disease Control and Prevention (CDC) edicts did incredible damage. It imposed the rent moratorium. It decreed the ridiculous ‘six feet of distance’ and ‘mask mandates’.*** ***It forced Plexiglas as the interface for commercial transactions. It implied that mail-in balloting must be the norm, which probably flipped the election. It delayed the reopening as long as possible. It was sadistic.*** ***Even with all that, worse was planned. On July 26, 2020, with the George Floyd riots having finally settled down, the CDC issued a plan for establishing nationwide quarantine camps.*** ***People were to be isolated, given only food and some cleaning supplies. They would be banned from participating in any religious services.*** ***The plan included contingencies for preventing suicide. There were no provisions made for any legal appeals or even the right to legal counsel.*** ***The plan’s authors were unnamed but included 26 footnotes. It was completely official. The document was only removed on about March 26, 2023.*** ***During the entire intervening time, the plan survived on the CDC’s public site with little to no public notice or controversy.*** ***It was called ‘Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings’.*** ***‘This document presents considerations from the perspective of the U.S. Centers for Disease Control & Prevention (CDC) for implementing the shielding approach in humanitarian settings as outlined in guidance documents focused on camps, displaced populations and low-resource settings. …’*** ***‘This approach has never been documented and has raised questions and concerns among humanitarian partners who support response activities in these settings.’*** ***‘The purpose of this document is to highlight potential implementation challenges of the shielding approach from CDC’s perspective and guide thinking around implementation in the absence of empirical data.’*** ***‘Considerations are based on current evidence known about the transmission and severity of coronavirus disease 2019 (COVID-19) and may need to be revised as more information becomes available.’*** ***By the absence of empirical data, the meaning is: that nothing like this has ever been tried. The point of the document was to map out how it could be possible and alert authorities to possible pitfalls to be avoided.*** ***The meaning of ‘shielding’ is:*** ***‘To reduce the number of severe COVID-19 cases by limiting contact between individuals at higher risk of developing severe disease (‘high-risk’) and the general population (‘low-risk’).’*** ***‘High-risk individuals would be temporarily relocated to safe or ‘green zones’ established at the household, neighborhood, camp/sector or community level depending on the context and setting. … They would have minimal contact with family members and other low-risk residents.’*** ***In other words, this is what used to be concentration camps.*** ***Who are these people who would be rounded up? They are ‘older adults and people of any age who have serious underlying medical conditions’. Who determines this? Public health authorities. The purpose?*** ***The CDC explains: ‘physically separating high-risk individuals from the general population’ allows authorities ‘to prioritize the use of the limited available resources’.*** ***This sounds a lot like condemning people to death in the name of protecting them.*** ***The model establishes three levels. First is the household level. Here high-risk people are physically isolated from other household members’.*** ***That alone is objectionable. Elders need people to take care of them. They need love and to be surrounded by family. The CDC should never imagine that it would intervene in households to force old people into separate places.*** ***The model jumps from households to the “neighborhood level.” Here we have the same approach: forced separation of those deemed vulnerable.*** ***From there, the model jumps again to the ‘camp/sector level’. Here it is different:*** ***‘A group of shelters such as schools, community buildings within a camp/sector (max 50 high-risk individuals per single green zone) where high-risk individuals are physically isolated together.’*** ***‘One entry point is used for exchange of food, supplies, etc. A meeting area is used for residents and visitors to interact while practicing physical distancing (2 meters). No movement into or outside the green zone.’*** ***Yes, you read that correctly. The CDC is here proposing concentration camps for the sick or anyone they deem to be in danger of medically significant consequences of infection.*** ***Further: ‘to minimize external contact, each green zone should include able-bodied high-risk individuals capable of caring for residents who have disabilities or are less mobile. Otherwise, designate low-risk individuals for these tasks, preferably who have recovered from confirmed COVID-19 and are assumed to be immune’.*** ***The plan says in passing, contradicting thousands of years of experience, ‘Currently, we do not know if prior infection confers immunity’.*** ***Therefore the only solution is to minimize all exposure throughout the whole population. Getting sick is criminalized.*** ***These camps require a ‘dedicated staff’ to:*** ***‘Monitor each green zone. Monitoring includes both adherence to protocols and potential adverse effects or outcomes due to isolation and stigma. It may be necessary to assign someone within the green zone, if feasible, to minimize movement in/out of green zones.’*** ***The people housed in these camps need to have good explanations of why they are denied even basic religious freedom.*** ***The report explains:*** ***‘Proactive planning ahead of time, including strong community engagement and risk communication is needed to better understand the issues and concerns of restricting individuals from participating in communal practices because they are being shielded. Failure to do so could lead to both interpersonal and communal violence.’*** ***Further, there must be some mechanisms to prohibit suicide: Additional stress and worry are common during any epidemic and may be more pronounced with COVID-19 due to the novelty of the disease and increased fear of infection, increased childcare responsibilities due to school closures and loss of livelihoods.*** ***Thus, in addition to the risk of stigmatization and feeling of isolation, this shielding approach may have an important psychological impact and may lead to significant emotional distress, exacerbate existing mental illness or contribute to anxiety, depression, helplessness, grief, substance abuse or thoughts of suicide among those who are separated or have been left behind.*** ***Shielded individuals with concurrent severe mental health conditions should not be left alone. There must be a caregiver allocated to them to prevent further protection risks such as neglect and abuse.*** ***The biggest risk, the document explains, is as follows: “While the shielding approach is not meant to be coercive, it may appear forced or be misunderstood in humanitarian settings.”*** ***It should go without saying but this ‘shielding’ approach suggested here has nothing to do with focused protection of the Great Barrington Declaration.*** ***Focused protection specifically says:*** ***‘Schools and universities should be open for in-person teaching. Extracurricular activities, such as sports, should be resumed. Young low-risk adults should work normally, rather than from home.’*** ***‘Restaurants and other businesses should open. Arts, music, sport and other cultural activities should resume. People who are more at risk may participate if they wish, while society as a whole enjoys the protection conferred upon the vulnerable by those who have built up herd immunity.’*** ***In four years of research, and encountering truly shocking documents and evidence of what happened in the COVID-19 years, this one certainly ranks up at the top of the list of totalitarian schemes for pathogenic control prior to vaccination. It is quite simply mind-blowing that such a scheme could ever be contemplated.*** ***Who wrote it? What kind of deep institutional pathology exists that enabled this to be contemplated?*** ***The CDC has 10,600 full-time employees and contractors and a budget of $11.5 billion. In light of this report, and everything else that has gone on there for four years, both numbers should be zero.”*** https://brownstone.org/articles/the-cdc-planned-quarantine-camps-nationwide/ **Here are some links to this article:** - ***“U.S. Developing Vaccine Passport System Using Complex Web of Big Tech Partnerships”*** https://childrenshealthdefense.org/defender/us-developing-vaccine-passport-system/ - ***"Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings*** ***Updated July 26, 2020"*** https://web.archive.org/web/20200728203549/https://www.cdc.gov/coronavirus/2019-ncov/global-covid-19/shielding-approach-humanitarian.html
    BROWNSTONE.ORG
    The CDC Planned Quarantine Camps Nationwide ⋆ Brownstone Institute
    In four years of research, and encountering truly shocking evidence of what happened, this one certainly ranks up at the top of the list.
    Angry
    2
    0 Commentarii 0 Distribuiri 2K Views

  • Chiropractor Disciplined for Improper Billing

    Chiropractor Lies to Board and Loses Right to Practice

    Post 4930

    Read the full article at https://www.linkedin.com/pulse/chiropractor-disciplined-improper-billing-barry-zalma-esq-cfe-4qjdc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    This appeal arises from an attempt by the state of Illinois to impose discipline upon plaintiff Christopher D. Leone, D.C., due to certain improper activities performed as a licensed chiropractor in the state of Illinois.

    In Christopher D. Leone, D.C. v. The Department Of Financial And Professional Regulation, Division Of Professional Regulation; and Cecilia Abundis, in Her Official Capacity as Acting Director of the Department of Financial and Professional Regulation, No. 4-22-0753, 2024 IL App (4th) 220753-U, Court of Appeals of Illinois, Fourth District (November 6, 2024) the Court of Appeal resolved the multiple claims of the chiropractor.

    BACKGROUND

    Leone has practiced as a chiropractor since 1999 and initially practiced in the state of Washington. The matter was resolved pursuant to an informal disposition via stipulation.

    Leone began practicing in Illinois in 2004, and in 2010 and a consent order was issued pursuant to which Leone admitted to the allegations and was reprimanded with a $5000 fine and a requirement that he undertake 20 hours of continuing education; 10 of those hours were to focus on Medicare billing and insurance coding and another 10 on record keeping.

    In 2013, the United States alleged that Leone “knowingly and fraudulently” submitted Medicare claims of less than $1000 for one-on-one physical therapy services that were not provided. Following negotiation, the parties entered into a plea agreement, pursuant to which Leone pleaded guilty to the one-count information and stipulated to a factual basis for his plea.

    Shortly after the Medicare fraud charge was filed against Leone, the State filed a five-count complaint alleging multiple violations of the Medical Practices Act of 1987 (Act). During the litigation, Leone applied to renew his chiropractic license. One of the questions on the application asked whether he had been convicted of any criminal offense, state or federal, since July 2011; Leone answered, “No,” failing to document the Medicare fraud conviction.

    Attempting to explain his federal guilty plea, Leone said that he was unable to modify the language in the plea agreement, as “the time for negotiations had run out” and the plea was a “take-it-or-leave-it” proposition. Leone read the plea agreement line by line and, although he claimed it contained false information, he signed it.

    ALJ Report and Recommendation

    The Administrative Law Judge (ALJ) issued his report and recommendation, finding that, pursuant to the guilty plea in the federal case, Leone had admitted that his patients performed physical therapy on their own without supervision. Also, Leone admitted in his plea that entries in patient records indicating that they received hands-on or one-on-one physical therapy were false. Further, the guilty plea established that Leone knowingly submitted claims to Medicare for services that he did not provide. Leone had also billed private insurers numerous times under the same code as Medicare.

    The conviction also established that he engaged in false billing and false entries in patient records. The ALJ recommended an indefinite suspension of Leone’s license for a minimum of two years.

    An expert testified that chiropractors who engaged in Medicare fraud violated several tenets of chiropractic ethics.

    There was a pattern of overcharging for services that were not provided, false notations in patient records to support the false charges, and the submission of false claims to insurance that went on for at least five years. Leone obtained fees by fraud, deceit, or misrepresentation, and those actions fell below the professional and ethical standards required of chiropractors in Illinois. Leone’s conduct, along with his past disciplinary history, “demonstrate[d] a pattern of behavior that [was] not acceptable.”

    ANALYSIS

    It was undisputed that Leone submitted charges under billing code 97110. Leone pled guilty to submitting a false demand for payment upon the United States. In his plea, Leone admitted to billing for services that were not actually provided to his patients as claimed, “and the instruments containing the demands for payment of public money, therefore were false when they were submitted” and “were submitted to Medicare with the knowledge that he did not perform the service charged.”

    The guilty plea supports the conclusion that Leone knowingly and intentionally submitted claims for reimbursement for services provided under code 97110 where the services did not meet the requirements to be paid under that code. This pattern went on for approximately five years, resulting in 1324 false claims in the amount of $93,900.

    The Department established a violation of the Act where Leone failed to note the federal conviction on his renewal application.
    Discipline

    A review of the initial circuit court order in this matter reveals that it merely recommended that the Department consider probation as a punishment; it did not make a ruling to that effect.

    There was no abuse of discretion in the discipline imposed. For the reasons stated, the Court reversed the circuit court’s judgment and affirm the Director’s decision.

    ZALMA OPINION

    Leone successfully committed fraud on the United States, the state of Illinois, and the insurance industry by falsely billing services he did not provide. He pleaded guilty to one count of Federal Health Insurance fraud and then lied to the state of Illinois when he applied to renew his license. With lawyers and retained experts he delayed the sanction for years. The Court of Appeals finally resolved the multiple disputes and applied an appropriate sanction and suspension of his license. He should consider himself lucky that he was not prosecuted criminally by the state and the US Government accepted his plea.

    (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
    Chiropractor Disciplined for Improper Billing Chiropractor Lies to Board and Loses Right to Practice Post 4930 Read the full article at https://www.linkedin.com/pulse/chiropractor-disciplined-improper-billing-barry-zalma-esq-cfe-4qjdc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. This appeal arises from an attempt by the state of Illinois to impose discipline upon plaintiff Christopher D. Leone, D.C., due to certain improper activities performed as a licensed chiropractor in the state of Illinois. In Christopher D. Leone, D.C. v. The Department Of Financial And Professional Regulation, Division Of Professional Regulation; and Cecilia Abundis, in Her Official Capacity as Acting Director of the Department of Financial and Professional Regulation, No. 4-22-0753, 2024 IL App (4th) 220753-U, Court of Appeals of Illinois, Fourth District (November 6, 2024) the Court of Appeal resolved the multiple claims of the chiropractor. BACKGROUND Leone has practiced as a chiropractor since 1999 and initially practiced in the state of Washington. The matter was resolved pursuant to an informal disposition via stipulation. Leone began practicing in Illinois in 2004, and in 2010 and a consent order was issued pursuant to which Leone admitted to the allegations and was reprimanded with a $5000 fine and a requirement that he undertake 20 hours of continuing education; 10 of those hours were to focus on Medicare billing and insurance coding and another 10 on record keeping. In 2013, the United States alleged that Leone “knowingly and fraudulently” submitted Medicare claims of less than $1000 for one-on-one physical therapy services that were not provided. Following negotiation, the parties entered into a plea agreement, pursuant to which Leone pleaded guilty to the one-count information and stipulated to a factual basis for his plea. Shortly after the Medicare fraud charge was filed against Leone, the State filed a five-count complaint alleging multiple violations of the Medical Practices Act of 1987 (Act). During the litigation, Leone applied to renew his chiropractic license. One of the questions on the application asked whether he had been convicted of any criminal offense, state or federal, since July 2011; Leone answered, “No,” failing to document the Medicare fraud conviction. Attempting to explain his federal guilty plea, Leone said that he was unable to modify the language in the plea agreement, as “the time for negotiations had run out” and the plea was a “take-it-or-leave-it” proposition. Leone read the plea agreement line by line and, although he claimed it contained false information, he signed it. ALJ Report and Recommendation The Administrative Law Judge (ALJ) issued his report and recommendation, finding that, pursuant to the guilty plea in the federal case, Leone had admitted that his patients performed physical therapy on their own without supervision. Also, Leone admitted in his plea that entries in patient records indicating that they received hands-on or one-on-one physical therapy were false. Further, the guilty plea established that Leone knowingly submitted claims to Medicare for services that he did not provide. Leone had also billed private insurers numerous times under the same code as Medicare. The conviction also established that he engaged in false billing and false entries in patient records. The ALJ recommended an indefinite suspension of Leone’s license for a minimum of two years. An expert testified that chiropractors who engaged in Medicare fraud violated several tenets of chiropractic ethics. There was a pattern of overcharging for services that were not provided, false notations in patient records to support the false charges, and the submission of false claims to insurance that went on for at least five years. Leone obtained fees by fraud, deceit, or misrepresentation, and those actions fell below the professional and ethical standards required of chiropractors in Illinois. Leone’s conduct, along with his past disciplinary history, “demonstrate[d] a pattern of behavior that [was] not acceptable.” ANALYSIS It was undisputed that Leone submitted charges under billing code 97110. Leone pled guilty to submitting a false demand for payment upon the United States. In his plea, Leone admitted to billing for services that were not actually provided to his patients as claimed, “and the instruments containing the demands for payment of public money, therefore were false when they were submitted” and “were submitted to Medicare with the knowledge that he did not perform the service charged.” The guilty plea supports the conclusion that Leone knowingly and intentionally submitted claims for reimbursement for services provided under code 97110 where the services did not meet the requirements to be paid under that code. This pattern went on for approximately five years, resulting in 1324 false claims in the amount of $93,900. The Department established a violation of the Act where Leone failed to note the federal conviction on his renewal application. Discipline A review of the initial circuit court order in this matter reveals that it merely recommended that the Department consider probation as a punishment; it did not make a ruling to that effect. There was no abuse of discretion in the discipline imposed. For the reasons stated, the Court reversed the circuit court’s judgment and affirm the Director’s decision. ZALMA OPINION Leone successfully committed fraud on the United States, the state of Illinois, and the insurance industry by falsely billing services he did not provide. He pleaded guilty to one count of Federal Health Insurance fraud and then lied to the state of Illinois when he applied to renew his license. With lawyers and retained experts he delayed the sanction for years. The Court of Appeals finally resolved the multiple disputes and applied an appropriate sanction and suspension of his license. He should consider himself lucky that he was not prosecuted criminally by the state and the US Government accepted his plea. (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
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 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 Commentarii 0 Distribuiri 2K Views
  • McCabe & Mrs. Miller
    In 1902, a mysterious gambler named John McCabe arrives in the unincorporated boomtown of Presbyterian Church, Washington, named after its only substantial building, a tall but mostly unused chapel. McCabe quickly takes a dominant position over the town's simple-minded and lethargic inhabitants, thanks to his aggressive personality and persistent rumors that he is actually a notorious gunfighter known as "Pudgy" McCabe.

    To support himself, McCabe establishes a makeshift brothel, consisting of three prostitutes purchased for $200 from a pimp in the nearby town of Bearpaw. British cockney madam Constance Miller arrives and persuades McCabe to let her manage his brothel while he focuses on running a gambling hall. The two become financially successful business partners, turning their small business into the largest in town, and a romantic relationship develops between the two, though she charges him for sex.

    As the town becomes richer, Sears and Hollander, a pair of agents from the Harrison Shaughnessy Mining Company in Bearpaw, arrive to buy out McCabe's business, as well as the surrounding zinc mines. Harrison Shaughnessy is notorious for having people killed when they refuse to sell. McCabe does not want to sell at their initial price of $5,500 but overplays his hand in negotiations by demanding too high an asking price. The agents leave in disgust, and Miller warns him that they will not return to negotiate and that his life is in danger.

    Hired guns Butler, Breed and Kid arrive in town with a contract to kill McCabe. Appearing fearful, McCabe relents and agrees to sell. Butler refuses to parlay, declaring that McCabe is a fraud and has never killed anyone in his life. McCabe goes back to Bearpaw to find the agents, but after learning that neither are still around, he visits a lawyer, Clement Samuels, in the hopes of resolving the dispute peacefully. The lawyer, an aspiring politician, boosts McCabe's confidence and convinces him not to give in by arguing that he can set an example by standing up to Harrison Shaughnessy.

    McCabe returns to town and tries to hide in the chapel, but the pastor grabs his shotgun and chases him out before being fatally shot by Butler. A broken lantern starts a fire in the church and the townspeople rush to help extinguish it. McCabe manages to kill Breed and the Kid in ambushes, but the Kid is able to wound him before dying. As the townsfolk mobilize to fight the chapel fire, McCabe is gunned down by Butler, using a hunting rifle; as Butler attempts to verify the kill, McCabe pulls a derringer and kills him. As the townspeople celebrate extinguishing the fire, McCabe dies alone in the snow, while Mrs. Miller lies sedated in an opium den.
    McCabe & Mrs. Miller In 1902, a mysterious gambler named John McCabe arrives in the unincorporated boomtown of Presbyterian Church, Washington, named after its only substantial building, a tall but mostly unused chapel. McCabe quickly takes a dominant position over the town's simple-minded and lethargic inhabitants, thanks to his aggressive personality and persistent rumors that he is actually a notorious gunfighter known as "Pudgy" McCabe. To support himself, McCabe establishes a makeshift brothel, consisting of three prostitutes purchased for $200 from a pimp in the nearby town of Bearpaw. British cockney madam Constance Miller arrives and persuades McCabe to let her manage his brothel while he focuses on running a gambling hall. The two become financially successful business partners, turning their small business into the largest in town, and a romantic relationship develops between the two, though she charges him for sex. As the town becomes richer, Sears and Hollander, a pair of agents from the Harrison Shaughnessy Mining Company in Bearpaw, arrive to buy out McCabe's business, as well as the surrounding zinc mines. Harrison Shaughnessy is notorious for having people killed when they refuse to sell. McCabe does not want to sell at their initial price of $5,500 but overplays his hand in negotiations by demanding too high an asking price. The agents leave in disgust, and Miller warns him that they will not return to negotiate and that his life is in danger. Hired guns Butler, Breed and Kid arrive in town with a contract to kill McCabe. Appearing fearful, McCabe relents and agrees to sell. Butler refuses to parlay, declaring that McCabe is a fraud and has never killed anyone in his life. McCabe goes back to Bearpaw to find the agents, but after learning that neither are still around, he visits a lawyer, Clement Samuels, in the hopes of resolving the dispute peacefully. The lawyer, an aspiring politician, boosts McCabe's confidence and convinces him not to give in by arguing that he can set an example by standing up to Harrison Shaughnessy. McCabe returns to town and tries to hide in the chapel, but the pastor grabs his shotgun and chases him out before being fatally shot by Butler. A broken lantern starts a fire in the church and the townspeople rush to help extinguish it. McCabe manages to kill Breed and the Kid in ambushes, but the Kid is able to wound him before dying. As the townsfolk mobilize to fight the chapel fire, McCabe is gunned down by Butler, using a hunting rifle; as Butler attempts to verify the kill, McCabe pulls a derringer and kills him. As the townspeople celebrate extinguishing the fire, McCabe dies alone in the snow, while Mrs. Miller lies sedated in an opium den.
    0 Commentarii 1 Distribuiri 1K Views
  • Never forget, the enemy has a vote…we’ve achieved a major battlefield victory (historic), now we must continue to wage an even greater set of battles going forward. Stay steady, focused and calm. Good things come to those who are prepared not just to those who wait.
    Never forget, the enemy has a vote…we’ve achieved a major battlefield victory (historic), now we must continue to wage an even greater set of battles going forward. Stay steady, focused and calm. Good things come to those who are prepared not just to those who wait.
    Like
    1
    0 Commentarii 0 Distribuiri 170 Views 0
  • Now that President Trump has been elected, it's important to remember that we can't just sit back and expect him to fix all issues on his own. One of our primary focuses should be reforming the broken election system. In addition to preventing illegal voting, we must address the problem of deceased individuals remaining on the voter rolls. Did you know that the only benefit automatically canceled upon someone's passing is their Social Security benefits? Why isn't a system in place to remove them from the voter registry as well?
    Now that President Trump has been elected, it's important to remember that we can't just sit back and expect him to fix all issues on his own. One of our primary focuses should be reforming the broken election system. In addition to preventing illegal voting, we must address the problem of deceased individuals remaining on the voter rolls. Did you know that the only benefit automatically canceled upon someone's passing is their Social Security benefits? Why isn't a system in place to remove them from the voter registry as well?
    0 Commentarii 0 Distribuiri 407 Views
  • VOTE RED! FOR PRESIDENT TRUMP, REMOVE THE #Pedophiles THAT ARE IN NOW...#SAVEOURCHILDREN #SAVETHECHILDREN

    Stay Focused
    https://terrylclark.substack.com/p/stay-focused?publication_id=934525&post_id=150447362&isFreemail=false&r=1maoyr&triedRedirect=true
    VOTE RED! FOR PRESIDENT TRUMP, REMOVE THE #Pedophiles THAT ARE IN NOW...#SAVEOURCHILDREN #SAVETHECHILDREN Stay Focused https://terrylclark.substack.com/p/stay-focused?publication_id=934525&post_id=150447362&isFreemail=false&r=1maoyr&triedRedirect=true
    TERRYLCLARK.SUBSTACK.COM
    Stay Focused
    Analysis, Musings, Humor, Health. Covering the important w/historical context.
    Angry
    2
    0 Commentarii 0 Distribuiri 562 Views
Sponsorizeaza Paginile
Sponsor

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here