• You CANNOT continue being controlled by worthless paper "notes of debt" and allowing the people who PRINT THOSE WORTHLESS NOTES OF DEBT to take ownership of REAL ASSETS bought with worthless paper!

    The ENTIRE #Banking system must be collapsed, the political system must collapse, and THE PEOPLE must take control over their own assets! STOP ALLOWING an illegitimate, Banker controlled system of #Parasites to dictate your life!

    They will use YOUR CONSENT TO BE RULED to steal everything you own, or will ever own! It is pure INSANITY to allow people who DON'T WORK, but simply "loan" money THEY DON'T HAVE, to take ownership of the world which was
    GIVEN TO US ALL BY THE CREATOR!

    Banks are #Criminal organizations of #Usury!
    And it's time to stop giving them control over our lives!

    It is time to STOP THEM from stealing our land, our property, and making us into DEBT SLAVES working for their benefit, as we starve!

    All that it requires is for YOU TO SAY NO!
    For you and your neighbors to stop being enslaved through a system of usury!

    WAKE UP!

    You must comprehend that this is a system of control which forces you to PAY #Evil men every time you trade, every time you work, every time you buy anything...

    And chances are, even once you buy it (Like your home) they will end up with it anyway because of the forced "TAX" (Slave FEE) you must pay on your property to these evil men! It is time to WAKE UP and unchain yourself from these psychopaths!
    You CANNOT continue being controlled by worthless paper "notes of debt" and allowing the people who PRINT THOSE WORTHLESS NOTES OF DEBT to take ownership of REAL ASSETS bought with worthless paper! The ENTIRE #Banking system must be collapsed, the political system must collapse, and THE PEOPLE must take control over their own assets! STOP ALLOWING an illegitimate, Banker controlled system of #Parasites to dictate your life! They will use YOUR CONSENT TO BE RULED to steal everything you own, or will ever own! It is pure INSANITY to allow people who DON'T WORK, but simply "loan" money THEY DON'T HAVE, to take ownership of the world which was GIVEN TO US ALL BY THE CREATOR! Banks are #Criminal organizations of #Usury! And it's time to stop giving them control over our lives! It is time to STOP THEM from stealing our land, our property, and making us into DEBT SLAVES working for their benefit, as we starve! All that it requires is for YOU TO SAY NO! For you and your neighbors to stop being enslaved through a system of usury! WAKE UP! You must comprehend that this is a system of control which forces you to PAY #Evil men every time you trade, every time you work, every time you buy anything... And chances are, even once you buy it (Like your home) they will end up with it anyway because of the forced "TAX" (Slave FEE) you must pay on your property to these evil men! It is time to WAKE UP and unchain yourself from these psychopaths!
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  • https://thewashingtonstandard.com/legal-boomerang-hamas-tied-cair-forced-to-reveal-sources-of-all-funding-including-alleged-foreign-sources-tied-to-terrorism-after-lawsuit-backfires/
    https://thewashingtonstandard.com/legal-boomerang-hamas-tied-cair-forced-to-reveal-sources-of-all-funding-including-alleged-foreign-sources-tied-to-terrorism-after-lawsuit-backfires/
    THEWASHINGTONSTANDARD.COM
    “LEGAL BOOMERANG”: Hamas-Tied CAIR Forced to Reveal Sources of All Funding (Including Alleged Foreign Sources Tied to Terrorism) After Lawsuit Backfires - The Washington Standard
    In a sea of good news, this ranks top of the list. A former employee of Hamas-tied CAIR alleged they are funded by foreign sources tied to terrorism. They tried to sue her into silence but they dropped their case once they realized they would have to reveal their funding. Now ...
    Angry
    1
    0 Comments 1 Shares 230 Views
  • Children as young as 8 years old are being kidnapped and forced into sexual slavery in major American cities like Los Angeles, Las Vegas, New York, and across Texas.
    Children as young as 8 years old are being kidnapped and forced into sexual slavery in major American cities like Los Angeles, Las Vegas, New York, and across Texas.
    Angry
    1
    1 Comments 0 Shares 220 Views 1
  • ILLUMINATI PROPHECY AND THE NWO PROPHECY COLLIDE!
    THE TRUTH REVEALED ON CAMERA!

    The English and American history that they didn't teach you in school!

    Of course this is the #Truth, NOT like the pure bullspit you learned in the #government indoctrination / brainwashing centers, known as #Schools

    These "Schools" were forced upon you, MANDATORY Re-Education Camps for your children! Funded mostly by Satanic filth like #Rothschild.

    These re-education centers were developed to make you and your children into "A GOOD #Slaves" who do as they are told and never question "Authority"

    What you deem as "Government" is in FACT just a for-profit #Corporation, operating based in #Fraud under "Maritime Admiralty Law." The "Law of the SEA or #UCC

    THIS is why they NEED YOUR CONSENT!
    It is exactly why they tell you "Get out to vote!"

    "Voting" is your consent to being the CHATTEL PROPERTY (The SLAVE) of the Corporation. EVERY TIME you check the box declaring
    "I'm a US Citizen" you are CONSENTING, just like voting

    FREE MEN must remain in the #Jurisdiction of COMMON LAW!
    Which is where ALL MEN belong!

    But if you can be deceived into "consenting" to giving up your inalienable human rights (Which you CANNOT give up) to be a slave of the Corporation.... THEY'LL LET YOU!

    Slavery is illegal, VOLUNTEERING TO BE A SLAVE IS NOT!

    https://old.bitchute.com/video/Y2lIfrfBjGy0/
    ILLUMINATI PROPHECY AND THE NWO PROPHECY COLLIDE! THE TRUTH REVEALED ON CAMERA! The English and American history that they didn't teach you in school! Of course this is the #Truth, NOT like the pure bullspit you learned in the #government indoctrination / brainwashing centers, known as #Schools These "Schools" were forced upon you, MANDATORY Re-Education Camps for your children! Funded mostly by Satanic filth like #Rothschild. These re-education centers were developed to make you and your children into "A GOOD #Slaves" who do as they are told and never question "Authority" What you deem as "Government" is in FACT just a for-profit #Corporation, operating based in #Fraud under "Maritime Admiralty Law." The "Law of the SEA or #UCC THIS is why they NEED YOUR CONSENT! It is exactly why they tell you "Get out to vote!" "Voting" is your consent to being the CHATTEL PROPERTY (The SLAVE) of the Corporation. EVERY TIME you check the box declaring "I'm a US Citizen" you are CONSENTING, just like voting FREE MEN must remain in the #Jurisdiction of COMMON LAW! Which is where ALL MEN belong! But if you can be deceived into "consenting" to giving up your inalienable human rights (Which you CANNOT give up) to be a slave of the Corporation.... THEY'LL LET YOU! Slavery is illegal, VOLUNTEERING TO BE A SLAVE IS NOT! https://old.bitchute.com/video/Y2lIfrfBjGy0/
    OLD.BITCHUTE.COM
    Illuminati Prophecy and The NWO Prophecy Collide! The Truth Revealed on Camera!
    Satanic Pedophile UN, WEF, NATO, EU and WHO Agenda 2030 Want to Normalize Pedophilia and is Teaching Children to Masturbate! [06.05.2023] Shocking evidence report reveals UN & WEF Agenda 2030: Children must have Sexual Partners! https://rumble.com/v…
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  • https://thewashingtonstandard.com/heres-how-people-are-not-being-forced-off-their-land-in-north-carolina/
    https://thewashingtonstandard.com/heres-how-people-are-not-being-forced-off-their-land-in-north-carolina/
    THEWASHINGTONSTANDARD.COM
    Here’s How People Are “Not Being Forced Off Their Land” in North Carolina - The Washington Standard
    Put yourself into this (fictional) scenario. Your adrenaline is still pumping through your veins at an astounding pace after the mud came down the mountain and pushed your house, your truck, and your garage right off of their foundations and out of sight. Despite the chaos and ruin, you feel lucky. Your ...
    Like
    1
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  • https://babylonbee.com/news/sunny-hostin-forced-to-read-legal-notice-that-nothing-said-on-the-view-in-the-history-of-the-show-has-ever-been-true?utm_source=The%20Babylon%20Bee%20Newsletter&utm_medium=email
    https://babylonbee.com/news/sunny-hostin-forced-to-read-legal-notice-that-nothing-said-on-the-view-in-the-history-of-the-show-has-ever-been-true?utm_source=The%20Babylon%20Bee%20Newsletter&utm_medium=email
    BABYLONBEE.COM
    Sunny Hostin Forced To Read Legal Notice Acknowledging Nothing Said On ‘The View’ In Its Entire History Has Ever Been Remotely True
    U.S. — In order to avoid further lawsuits, Sunny Hostin was forced to read a legal notice on camera acknowledging that not a single statement made on The View in the entire history of the show has been even remotely true.
    0 Comments 1 Shares 533 Views
  • My name is Jake Lang & I have been a January 6 Hostage - incarcerated & tortured without a trial for 3 years, 10 months and 5 days by the Deepstate!

    I will not accept a pardon unless ALL Jan 6 Prisoners are pardoned.

    The 1561+ January 6 Political Prisoners are unanimously calling upon President Trump to SAVE OUR LIVES & follow his heart: Pardon All J6ers on Day One

    NO MAN LEFT BEHIND TO ROT IN THE GULAG!

    We have drafted the J6 Day One Freedom Petition ( J6Pardons.com ) that has been signed by tens of thousands of red blooded Americans, including Conservative Luminaries:

    Jim Hoft, Laura Loomer, Darren Beattie, Diamond & Silk, Grant Stinchfield, Brandon Straka, Cara Castronuova, Wayne Allyn Root, Ann Vandersteel, Doug Billings, Jeff Crouere, Behizy, Matt Wallce, Couy Griffin, Treniss Evans, David Sumrall & Suzzane Monk

    The weaponization of the DOJ has gone too far, and destroyed thousands of lives with an overzealous political persecution of Trump supporters.

    Trump knows how it feels to be railroaded, denied due process & an impartial jury. To be convicted by the corrupt media before you ever step foot in court.

    Every Jan 6er was entrapped by our own Federal Government at the Capitol, a clear set up to paint Trump & his supporters as domestic terrorists!!

    The hundreds of patriotic men who have assault charges (590 out of 1561 defendants) such as myself - were forced to defend our own lives & the lives of the unarmed women and elderly around us.

    The Capitol Police murdered a young defenseless woman Roseanne Boyland, a 38 year old angel from Georgia in my arms. After this many men including myself took up a serious defensive position.

    The numerous award winning documentaries on J6 prove that we were NOT the aggressors, but responded as brave American men do to oppression & violence: we stood our ground & defended those around us.

    Nearly 4 years I have traded tears and prayers with my brothers in the Gulag, getting to know each and every man & see his Godly character -

    I can unequivocally say this crop of patriots & Christians are the BEST AMERICANS WE HAVE: they are bold and brave, kind and concerned fathers & husbands, leaders and lovers of God and Country.

    Unbreakable, indomitable, unrelenting 1776 patriots who would die to defend our Constitution without moments hesitation.

    Humble hard workers, military veterans & school teachers. Bus drivers, doctors, Olympic athletes, NFL players, Broadway stars and missionary servants of the Lord.

    Carpenters, plumbers, roofers, electricians, fathers, husbands: Man amongst men.

    This outrageous stain on American history, similar to the Japanese internment camps in World War II, has gone on long enough. Its time to set free the captives, and break the shackles of two tiered justice.

    Its time to release, pardon & fully expunge / erase the records of every single January 6 Hostage. Point blank period.

    History calls us to this moment of National Reconciliation, the American people have all but lost their faith in the judicial system watching Trump & the J6 witch hunt continue for 4 long years. We need to restore belief & trust in American jurisprudence.

    The immediate release of the Jan 6ers is where we start this battle to revive our degenerated institutions that used to be sacred.

    We are trusting the new MAGA Attorney General will also put an end to the Weaponized DOJ and immediately HALT all new J6 investigations & arrests, and DISMISS all current pending cases.

    How many J6 grandmothers need to be ripped out of their homes at gunpoint by a tyrannical FBI GESTAPO squadron and railroaded into federal prisons before we STOP THIS MADNESS!?!

    My conscious is clear before the Savior of man: that just as blanket pardons were issued after the Civil War to restore national unity, we too should be looking at this national healing moment with reverence & earnest expectations!

    President Trump will not let us down, we stand behind you Mr. President!

    NOT A SINGLE J6ER WAS GIVEN A FAIR TRIAL!!!

    J6Pardons.com to sign the official J6 Day One Freedom Petition

    #MAGA #FULLPARDONS #BREAKEVERYCHAIN #FREEATLAST #JANUARY20TH #INAUGURATION #LIBERATIONDAY
    https://x.com/JakeLangJ6/status/1859657832951632228?t=Ba2gzLPyrEytXhVvOHtSLw&s=09
    My name is Jake Lang & I have been a January 6 Hostage - incarcerated & tortured without a trial for 3 years, 10 months and 5 days by the Deepstate! I will not accept a pardon unless ALL Jan 6 Prisoners are pardoned. The 1561+ January 6 Political Prisoners are unanimously calling upon President Trump to SAVE OUR LIVES & follow his heart: Pardon All J6ers on Day One NO MAN LEFT BEHIND TO ROT IN THE GULAG! We have drafted the J6 Day One Freedom Petition ( J6Pardons.com ) that has been signed by tens of thousands of red blooded Americans, including Conservative Luminaries: Jim Hoft, Laura Loomer, Darren Beattie, Diamond & Silk, Grant Stinchfield, Brandon Straka, Cara Castronuova, Wayne Allyn Root, Ann Vandersteel, Doug Billings, Jeff Crouere, Behizy, Matt Wallce, Couy Griffin, Treniss Evans, David Sumrall & Suzzane Monk The weaponization of the DOJ has gone too far, and destroyed thousands of lives with an overzealous political persecution of Trump supporters. Trump knows how it feels to be railroaded, denied due process & an impartial jury. To be convicted by the corrupt media before you ever step foot in court. Every Jan 6er was entrapped by our own Federal Government at the Capitol, a clear set up to paint Trump & his supporters as domestic terrorists!! The hundreds of patriotic men who have assault charges (590 out of 1561 defendants) such as myself - were forced to defend our own lives & the lives of the unarmed women and elderly around us. The Capitol Police murdered a young defenseless woman Roseanne Boyland, a 38 year old angel from Georgia in my arms. After this many men including myself took up a serious defensive position. The numerous award winning documentaries on J6 prove that we were NOT the aggressors, but responded as brave American men do to oppression & violence: we stood our ground & defended those around us. Nearly 4 years I have traded tears and prayers with my brothers in the Gulag, getting to know each and every man & see his Godly character - I can unequivocally say this crop of patriots & Christians are the BEST AMERICANS WE HAVE: they are bold and brave, kind and concerned fathers & husbands, leaders and lovers of God and Country. Unbreakable, indomitable, unrelenting 1776 patriots who would die to defend our Constitution without moments hesitation. Humble hard workers, military veterans & school teachers. Bus drivers, doctors, Olympic athletes, NFL players, Broadway stars and missionary servants of the Lord. Carpenters, plumbers, roofers, electricians, fathers, husbands: Man amongst men. This outrageous stain on American history, similar to the Japanese internment camps in World War II, has gone on long enough. Its time to set free the captives, and break the shackles of two tiered justice. Its time to release, pardon & fully expunge / erase the records of every single January 6 Hostage. Point blank period. History calls us to this moment of National Reconciliation, the American people have all but lost their faith in the judicial system watching Trump & the J6 witch hunt continue for 4 long years. We need to restore belief & trust in American jurisprudence. The immediate release of the Jan 6ers is where we start this battle to revive our degenerated institutions that used to be sacred. We are trusting the new MAGA Attorney General will also put an end to the Weaponized DOJ and immediately HALT all new J6 investigations & arrests, and DISMISS all current pending cases. How many J6 grandmothers need to be ripped out of their homes at gunpoint by a tyrannical FBI GESTAPO squadron and railroaded into federal prisons before we STOP THIS MADNESS!?! My conscious is clear before the Savior of man: that just as blanket pardons were issued after the Civil War to restore national unity, we too should be looking at this national healing moment with reverence & earnest expectations! President Trump will not let us down, we stand behind you Mr. President! NOT A SINGLE J6ER WAS GIVEN A FAIR TRIAL!!! J6Pardons.com to sign the official J6 Day One Freedom Petition #MAGA #FULLPARDONS #BREAKEVERYCHAIN #FREEATLAST #JANUARY20TH #INAUGURATION #LIBERATIONDAY https://x.com/JakeLangJ6/status/1859657832951632228?t=Ba2gzLPyrEytXhVvOHtSLw&s=09
    0 Comments 0 Shares 2K Views
  • Sunny Hostin Forced To Read ANOTHER Legal Notice On “The View” https://www.infowars.com/posts/sunny-hostin-forced-to-read-another-legal-notice-on-the-view
    Sunny Hostin Forced To Read ANOTHER Legal Notice On “The View” https://www.infowars.com/posts/sunny-hostin-forced-to-read-another-legal-notice-on-the-view
    Haha
    1
    0 Comments 0 Shares 399 Views

  • EUO is a Material Condition Precedent

    Claim Properly Denied for Refusal to Testify at EUO

    Post 4936

    Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    See the full video at and at

    Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO).

    In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced.

    FACTUAL BACKGROUND

    Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy).

    One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property.

    Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy.
    Hughes’s Complaint Against Farmers

    One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination.

    Farmers’ Motion for Summary Judgment

    Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy.

    In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.”

    In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination.

    Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination.

    Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath.
    Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial

    The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.”

    DISCUSSION

    The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law.

    An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy.
    Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy.
    Breach of Implied Covenant Claim

    The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law.

    ZALMA OPINION

    Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse.

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

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

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

    Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
    EUO is a Material Condition Precedent Claim Properly Denied for Refusal to Testify at EUO Post 4936 Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. See the full video at and at Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO). In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced. FACTUAL BACKGROUND Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy). One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property. Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy. Hughes’s Complaint Against Farmers One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination. Farmers’ Motion for Summary Judgment Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy. In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.” In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination. Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination. Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath. Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.” DISCUSSION The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law. An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy. Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy. Breach of Implied Covenant Claim The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law. ZALMA OPINION Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
    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.
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  • ALL THE DEMON-RATS DO IS LIE...
    NEW: The View host Sunny Hostin fumes as she is forced to read a legal note just minutes after presenting the Matt Gaetz allegations as a “fact.” " SHE HAS TO ADMIT THAT THE ALLEGATIONS ARE FALSE."
    ALL THE DEMON-RATS DO IS LIE... NEW: The View host Sunny Hostin fumes as she is forced to read a legal note just minutes after presenting the Matt Gaetz allegations as a “fact.” " SHE HAS TO ADMIT THAT THE ALLEGATIONS ARE FALSE."
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