• Appear for a Scheduled EUO or Lose

    Failure to Honor Conditions Precedent Voids Coverage in New York

    Post 4937

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

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

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

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

    FACTS

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

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

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

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

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

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

    CONCLUSION

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

    ZALMA OPINION

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

    (c) 2024 Barry Zalma & ClaimSchool, Inc.

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

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

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

    Go to the Insurance Claims Library – https://lnkd.in/gwEYk
    Appear for a Scheduled EUO or Lose Failure to Honor Conditions Precedent Voids Coverage in New York Post 4937 Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear. In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm. The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”). FACTS The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute. FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript. State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims. State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims. Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants. CONCLUSION State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry. ZALMA OPINION The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion. (c) 2024 Barry Zalma & ClaimSchool, Inc. Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos. Subscribe to my substack at https://barryzalma.substack.com/subscribe Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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  • It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance!

    The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR......

    Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it!

    Well folks.... that time is OVER!
    It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes!

    The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation!

    A criminal corporation that has enslaved YOU!

    They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got!

    Every last one of them belong in prison or worse!
    I've just about had enough of their criminal behavior myself!

    https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html
    It's Time for Police to be REQUIRED BY LAW to carry Liability Insurance! The bottom line is that #Police continue to violate the rights of Americans, and violate the statutes and codes OF THE "GOVERNMENT" THEY WORK FOR...... Because the entire system is #Corrupt, and nobody is held accountable! It's all because we have allowed it! Well folks.... that time is OVER! It's time to start sending these #Criminals who just so happen to work for "government," TO PRISON for their crimes! The reason that corrections are NEVER MADE is because the entire system is based in #Fraud and deception! What you call "government" is just a criminal corporation! A criminal corporation that has enslaved YOU! They don't WANT #Justice! What they want is to be "ABOVE THE LAWS" they enforce on YOU! And that's EXACTLY what they've got! Every last one of them belong in prison or worse! I've just about had enough of their criminal behavior myself! https://rumble.com/v5qrysz-its-time-for-police-to-be-required-by-law-to-carry-liability-insurance.html
    0 Comentários 0 Compartilhamentos 637 Visualizações
  • BREAKING EXCLUSIVE: Fraudulent Sale of InfoWars Exposed In Major Federal Court Filing https://www.infowars.com/posts/breaking-exclusive-fraudulent-sale-of-infowars-exposed-in-major-federal-court-filing
    BREAKING EXCLUSIVE: Fraudulent Sale of InfoWars Exposed In Major Federal Court Filing https://www.infowars.com/posts/breaking-exclusive-fraudulent-sale-of-infowars-exposed-in-major-federal-court-filing
    Like
    2
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  • While she is a bit of a drama queen......
    It's only because SHE SAYS what everyone else just THINKS!

    EVERYTHING that she says is essentially true. The ONLY thing that I take exception with is when she starts the racial stuff with "You are a white man Mr. Policeman" etc....

    Folks... #Totalitarianism and #Authoritarianism based on "Maritime Admiralty Law"

    IS NOT BIASED! IT DISCRIMINATES AGAINST US ALL EQUALLY!!!
    So stop with the "Race" BS! It's "EVERYONE vs The Blue"

    Black, White, Red, Brown, and Yellow people are ALL being enslaved by a #Fraud based system of Maritime Admiralty Law.... SO STAND TOGETHER AND DROP THE RACIST BS!
    (Or you'll die a SLAVE, as will your children!)

    #Police are literally #Pirates operating under "Maritime Admiralty Law" They have no legitimate #Jurisdiction over YOU!

    But they OWN the "Legal Fiction"
    which you supposedly "represent"....

    The "Legal Fiction" is a #Corporation that was created with your
    BIRTH CERTIFICATE.... It is NOT YOU!

    But a lifetime of continuous brainwashing and indoctrination has led you to believe that it's you! So like a dummy, you GIVE THEM JURISDICTION by failing to challenge their claims that the "Legal Fiction" is YOU!

    You sincerely need to LEARN THE LAW!
    What #Police deal in is NOT law, it's POLICY of the CORPORATION of the United States!

    Thus their name.... "POLICE" enforce POLICY!
    This deception goes back over 100 years....

    It is EXACTLY how you were converted from a FREE MAN or WOMAN Into a #Slave of the CORPORATION of the United States!

    ONLY YOU can represent yourself as a flesh and blood MAN or WOMAN!

    As long as you continue "representing" the "Legal Fiction" created with your birth certificate, you will remain a SLAVE!

    https://old.bitchute.com/video/eywSJy1ADqc/
    While she is a bit of a drama queen...... It's only because SHE SAYS what everyone else just THINKS! EVERYTHING that she says is essentially true. The ONLY thing that I take exception with is when she starts the racial stuff with "You are a white man Mr. Policeman" etc.... Folks... #Totalitarianism and #Authoritarianism based on "Maritime Admiralty Law" IS NOT BIASED! IT DISCRIMINATES AGAINST US ALL EQUALLY!!! So stop with the "Race" BS! It's "EVERYONE vs The Blue" Black, White, Red, Brown, and Yellow people are ALL being enslaved by a #Fraud based system of Maritime Admiralty Law.... SO STAND TOGETHER AND DROP THE RACIST BS! (Or you'll die a SLAVE, as will your children!) #Police are literally #Pirates operating under "Maritime Admiralty Law" They have no legitimate #Jurisdiction over YOU! But they OWN the "Legal Fiction" which you supposedly "represent".... The "Legal Fiction" is a #Corporation that was created with your BIRTH CERTIFICATE.... It is NOT YOU! But a lifetime of continuous brainwashing and indoctrination has led you to believe that it's you! So like a dummy, you GIVE THEM JURISDICTION by failing to challenge their claims that the "Legal Fiction" is YOU! You sincerely need to LEARN THE LAW! What #Police deal in is NOT law, it's POLICY of the CORPORATION of the United States! Thus their name.... "POLICE" enforce POLICY! This deception goes back over 100 years.... It is EXACTLY how you were converted from a FREE MAN or WOMAN Into a #Slave of the CORPORATION of the United States! ONLY YOU can represent yourself as a flesh and blood MAN or WOMAN! As long as you continue "representing" the "Legal Fiction" created with your birth certificate, you will remain a SLAVE! https://old.bitchute.com/video/eywSJy1ADqc/
    OLD.BITCHUTE.COM
    "OMG! Let Me Go POTTY!" Cops Threaten & Arrest Her for NO REASON
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  • (((BAGEL-MUNCHING BOL$HEVIK))) Will Soon Abandon Ukraine for I$fake or California…
    we’re betting “the Mi$take on the Med” where he’ll never face extradition for fraud & racketeering!
    (((BAGEL-MUNCHING BOL$HEVIK))) Will Soon Abandon Ukraine for I$fake or California… we’re betting “the Mi$take on the Med” where he’ll never face extradition for fraud & racketeering!
    No more money laundering for the Uniparty.
    12:02PM November 8, 2024
    https://imgflip.com/i/9akagt
    Update: Trump and Elon Musk called Zelensky to tell him the war is over, and to prepare for negotiations. There was NO talk about anymore money or weapons from the US!
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  • This Is What Happens When You Try To File A Complaint Against CORRUPT Cops!

    I've gotten where I really don't like "Audit the Audit" too much anymore....

    He is too much of a kiss ass, and pretends that the "Black Robed Priests" of the #BAR Association have legitimate authority over Americans....

    When the truth is that the whole #Corrupt system, from the #Police to the #Courts, to the corrupt politicians and scumbag Prosecutors are ALL OPERATING BASED 100% ON #FRAUD, under maritime admiralty law..

    The #Constitution is the LAW OF THE LAND!
    Maritime Admiralty Law, on the other hand, is THE LAW OF THE SEA!

    It's the law of SHIPPING and COMMERCE,
    the law of MONEY, the #UCC.......

    Long story short, YOU MUST CONSENT TO BEING RULED UNDER MARITIME LAW!

    And since you are UNAWARE that our courts even operate on this Fraud based system, THERE IS NO WAY YOU COULD CONSENT! Consent MUST BE INFORMED!

    what these #Criminals operate under is the biggest
    FRAUD in the history of man!

    COMMERCIAL COURTS such as these have
    NO JURISDICTION over living MEN!

    They only have #Jurisdiction over #Corporations....
    And they use "Legal Fictions" (Based 100% on FRAUD) to claim that YOU ARE A CORPORATION... rather you are "representing a corporation"

    Which is all BS and a total FRAUD!
    Our "country" is not a country.... IT'S A CORPORATION OF #CRIMINALS!

    Every last employee of this fraud based phony "government" belong in jail!

    And YOU need to learn about JURISDICTION, and how to remain in the COMMON LAW JURISDICTION WHERE YOU BELONG!

    Stop being the tax cattle of a corporation that is bending you over
    by claiming that you are representing a "corporation"

    It's 100% FRAUD folks!
    Truly it is! And the LAW will tell you I'm right about this!

    https://youtu.be/FixiyODIxV4
    This Is What Happens When You Try To File A Complaint Against CORRUPT Cops! I've gotten where I really don't like "Audit the Audit" too much anymore.... He is too much of a kiss ass, and pretends that the "Black Robed Priests" of the #BAR Association have legitimate authority over Americans.... When the truth is that the whole #Corrupt system, from the #Police to the #Courts, to the corrupt politicians and scumbag Prosecutors are ALL OPERATING BASED 100% ON #FRAUD, under maritime admiralty law.. The #Constitution is the LAW OF THE LAND! Maritime Admiralty Law, on the other hand, is THE LAW OF THE SEA! It's the law of SHIPPING and COMMERCE, the law of MONEY, the #UCC....... Long story short, YOU MUST CONSENT TO BEING RULED UNDER MARITIME LAW! And since you are UNAWARE that our courts even operate on this Fraud based system, THERE IS NO WAY YOU COULD CONSENT! Consent MUST BE INFORMED! what these #Criminals operate under is the biggest FRAUD in the history of man! COMMERCIAL COURTS such as these have NO JURISDICTION over living MEN! They only have #Jurisdiction over #Corporations.... And they use "Legal Fictions" (Based 100% on FRAUD) to claim that YOU ARE A CORPORATION... rather you are "representing a corporation" Which is all BS and a total FRAUD! Our "country" is not a country.... IT'S A CORPORATION OF #CRIMINALS! Every last employee of this fraud based phony "government" belong in jail! And YOU need to learn about JURISDICTION, and how to remain in the COMMON LAW JURISDICTION WHERE YOU BELONG! Stop being the tax cattle of a corporation that is bending you over by claiming that you are representing a "corporation" It's 100% FRAUD folks! Truly it is! And the LAW will tell you I'm right about this! https://youtu.be/FixiyODIxV4
    0 Comentários 0 Compartilhamentos 834 Visualizações
  • IMHO: NOW, WE MUST DEMAND THE IMMEDIATE ARRESTS, AND PUBLIC EXECUTIONS, OF ALL OF THE TYRANTS, TRAITORS, AND THEIR HENCHMEN, WHO WERE INVOLVED IN THIS CONSPIRACY TO COMMIT, BIOLOGICAL WARFARE, TYRANNY, MEDICAL FRAUD, AND MASS-MURDER AND INJURY, AGAINST MOST OF THE PEOPLE, WORLDWIDE, FOR FUN AND PROFIT!!!!!!
    --------------------
    Steve Perry shared a link
    4 hours ago -
    'COVID WAS A SCAM?' [2024-11-08] - NEIL OLIVER (VIDEO)

    well no kidding...
    Not a "lab leak" it was 110% SCAM!

    A SCAM to deceive you into injecting their poison into your body!
    Which is responsible for ALL DEATHS!

    He's a bit late to the party

    https://old.bitchute.com/video/YN30a96QE7Nj/
    IMHO: NOW, WE MUST DEMAND THE IMMEDIATE ARRESTS, AND PUBLIC EXECUTIONS, OF ALL OF THE TYRANTS, TRAITORS, AND THEIR HENCHMEN, WHO WERE INVOLVED IN THIS CONSPIRACY TO COMMIT, BIOLOGICAL WARFARE, TYRANNY, MEDICAL FRAUD, AND MASS-MURDER AND INJURY, AGAINST MOST OF THE PEOPLE, WORLDWIDE, FOR FUN AND PROFIT!!!!!! -------------------- Steve Perry shared a link 4 hours ago - 'COVID WAS A SCAM?' [2024-11-08] - NEIL OLIVER (VIDEO) well no kidding... Not a "lab leak" it was 110% SCAM! A SCAM to deceive you into injecting their poison into your body! Which is responsible for ALL DEATHS! He's a bit late to the party https://old.bitchute.com/video/YN30a96QE7Nj/
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    Like
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  • IMHO: NOW, WE MUST DEMAND THE IMMEDIATE ARRESTS, AND PUBLIC EXECUTIONS, OF ALL OF THE TYRANTS, TRAITORS, AND THEIR HENCHMEN, WHO WERE INVOLVED IN THIS CONSPIRACY TO COMMIT, BIOLOGICAL WARFARE, TYRANNY, MEDICAL FRAUD, AND MASS-MURDER AND INJURY, AGAINST MOST OF THE PEOPLE, WORLDWIDE, FOR FUN AND PROFIT!!!!!!
    NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!!!!!

    Dutch Gov't Admit Pandemic Was 'Military Psy-Op' To Prepare Public for 'Extreme Depopulation'

    https://www.bitchute.com/video/jJgke67rZS3E
    IMHO: NOW, WE MUST DEMAND THE IMMEDIATE ARRESTS, AND PUBLIC EXECUTIONS, OF ALL OF THE TYRANTS, TRAITORS, AND THEIR HENCHMEN, WHO WERE INVOLVED IN THIS CONSPIRACY TO COMMIT, BIOLOGICAL WARFARE, TYRANNY, MEDICAL FRAUD, AND MASS-MURDER AND INJURY, AGAINST MOST OF THE PEOPLE, WORLDWIDE, FOR FUN AND PROFIT!!!!!! NO DELAYS, NO EXCUSES, NO EXCEPTIONS, NO "AMNESTY", NO MERCY!!!!!!!! Dutch Gov't Admit Pandemic Was 'Military Psy-Op' To Prepare Public for 'Extreme Depopulation' https://www.bitchute.com/video/jJgke67rZS3E
    WWW.BITCHUTE.COM
    Dutch Gov't Admit Pandemic Was 'Military Psy-Op' To Prepare Public for 'Extreme Depopulation'
    mirrored from rumble The People's Voice channel Note: I removed all the annoying ads from this video.
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