‘Count On It’ – Trump Co-Campaign Manager Says Bucks County Officials ‘Will Go To Jail’ For Counting Illegal Ballots https://www.infowars.com/posts/count-on-it-trump-campaign-manager-says-bucks-county-officials-will-go-to-jail-for-counting-illegal-ballots

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

https://www.thegatewaypundit.com/2024/11/breaking-un-manager-claims-war-is-only-way/

Bad Faith Set Up Fails Read the full article at https://www.linkedin.com/pulse/bad-faith-set-up-fails-barry-zalma-esq-cfe-jllxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Inadequate Information Made Refusal to Pay Policy Limits Not Bad Faith INADEQUATE MEDICAL AUTHORIZATION USED TO CAUSE INSURER TO REFUSE SETTLEMENT DEMAND Post 4930 Kara Flick appealed from the judgment after a jury rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. Flick contends the judgment should be reversed due to juror misconduct. In KARA FLICK v. UNITED SERVICES AUTOMOBILE ASSOCIATION, B330507, California Court of Appeals, Second District, Sixth Division (November 5, 2024) the Court of Appeals resolved the dispute. FACTUAL HISTORY After sustaining injuries in an automobile accident caused by Francisco Reyes, Jr., Flick had her attorney send Reyes's insurer, the United Services Automobile Association (USAA), a letter explaining the severity of her injuries and an authorization for the release of her medical records. Flick's attorney followed up with a settlement demand two months later, requesting that USAA pay Flick the entirety of Reyes's $100,000 policy limit in exchange for a release of liability. Attached to the demand was a single medical record from Flick's neurologist. USAA investigated Flick's claim and determined it did not have sufficient information to accept or reject her demand. Flick then filed a personal injury lawsuit against Reyes. The jury found in her favor and awarded nearly $1.7 million in damages. Flick, with an assignment from the Reyes, sued USAA for breach of contract and breach of the implied covenant of good faith and fair dealing. TRIAL At trial, a USAA claims adjustor admitted that Reyes was fully at fault for the accident with Flick. Reyes could therefore be exposed to liability in excess of his policy limits-if Flick provided sufficient documentation to support her claim. USAA's expert on insurance claims handling and another of its claims service managers both agreed with the supervisor that Flick's authorization was invalid and inadequate to allow USAA to obtain Flick's medical records. USAA needed additional records before it could determine the value of Flick's claim. Those records could have included the medical bills Flick provided to her own insurance company, the multiple doctor's notes she had excusing her from work, or the thumb drive recording her purported speech problems, all of which were entered into evidence at her personal injury trial. Because they were not provided to USAA, it was "very difficult to place a value on" Flick's claim. Flick's expert testified that USAA's handling of the settlement demand "was clearly unreasonable." Flick also did not respond to USAA's requests for additional information. By a vote of nine to three, the jury found that Flick did not make a reasonable settlement demand of USAA and rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The trial court polled the jury, and each juror confirmed their vote. DISCUSSION The Court of Appeals concluded the trial court did not abuse its discretion in denying Flick's new trial motion. USAA successfully rebutted the presumption of prejudice by showing there is no reasonable probability that the juror, D.C.'s misconduct by not explaining he did not hear all of the adjuster's testimony, actually harmed Flick. Much of the adjustor's testimony consisted of facts regarding his communications with Flick's attorney - facts that were undisputed. What was disputed-whether Flick's settlement demand was reasonable-was the subject of other witness testimony, including USAA's expert on insurance claims handling, its supervising claims service manager, Flick's personal injury attorney, and her expert witness on insurance claims handling. What the admitted evidence showed was that D.C. confirmed multiple times that he voted that Flick did not make a reasonable settlement demand: Based on this record there was no reasonable probability that D.C.'s alleged juror misconduct actually harmed Flick. ZALMA OPINION The tort of bad faith arose from abuse by insurers on those they insured. Since its adoption in California about three quarters of a century ago, the abuse has been turned on to insurers. Ms. Flick's counsel placed a demand for settlement on USAA that it could not reasonably and in good faith to its insured, Reyes, because it was incomplete and inadequately supported and forced Flick and Reyes go through a trial where she received an uncollectible judgment against Reyes in hopes of a gigantic bad faith judgment. After much litigation and USAA spending a great deal to defend itself she received the $100,000 policy limit. USAA was punished but neither Flick nor her lawyers profited from the scheme or the appeal. (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

Trump Inherits Turd of an Economy – Ed Dowd https://rumble.com/v5ndytq-trump-inherits-turd-of-an-economy-ed-dowd.html Former Wall Street money manager Ed Dowd is a skillful financial analyst who said in May the economy was skidding. Now, Dowd predicts the economy is poised to “roll over” and soon. Why is the Fed cutting rates with a record high DOW? Maybe they see the same thing he does. Dowd explains, “Real weekly wage growth was minus 2% going into the election. It is also interesting to know that minus 2% number of wage growth was also in 1980 when Ronald Reagan won in a landslide and also in 1992 when Bill Clinton won in a landslide. . . . I have never seen such blatant manipulation of government statistics. There is government spending and government hiring to paper over what is truly a bad economy for the average man. When I was asked prior to the election who do you think will win the election, I said Trump has already won, according to the economic statistics. That’s why he won. Bobby Kennedy helped along with Elon Musk, Joe Rogan, lots of people switching and what have you. What really got Trump in was the economy, the real economy, not the stock market. It was not the ‘everything is hunky-dory’ pablum from the mainstream media. The real economy has been rolling over, and we are just waiting for the financial markets to figure this out. When they do, Trump is going to inherit a turd of a financial market crisis. Government statistics will be updated, and it will show we started a recession sometime this year. . . . The incoming Trump Administrating has to get out in front of the narrative. This was already baked into the cake. They just got handed fraudulent books. So, they are basically going to get blamed for what is coming. They have to get in front of the narrative and talk about what they were handed. They need to talk about how the stock market is not a real indicator of economic health like it was before the days of raw manipulation.” The other big problem that Trump needs to get in front of is the CV19 bioweapon vax disaster. Dowd says, “We have been monitoring and tracking excess deaths, disabilities and injuries such as heart attacks, neurological problems, cancers and liver issues. There is a whole host of issues that have gone off the charts since the introduction of the Covid vaccines. As of 2023, there was about 1.2 million excess deaths in the US. There were about four million disabilities and about 32 million injured. . . . Our calculations, conservatively speaking, are 8 million to 15 million dead globally, 40 million to 60 million disabled and 500 million to 900 million injured where their immune system is so compromised that they are getting sick all the time. You’ve got to think about it as a funnel. Most of the numbers are injured, and then the next level down are disabled and then dead. People can funnel down from one category to the next. We have a problem here because we have 10% to 13% excess mortality currently running. . . . We are running once in 200 year flood numbers in 2024. . . . This is not over. It is going to stay with us for decades. The way to mitigate that is there needs to be national awareness so people can treat the problems they have. This is the biggest healthcare failure we have ever seen. We need to pull the mRNA vaccines and have a global truth moment. . . .We continue to go along with a wink and a nod to pretend there is not a problem. We are not going to talk about Covid and the mRNA vaccines, and in my mind, this is unethical, immoral and criminal.” Dowd also talks about the US dollar that is not going away anytime soon, gold that is topping out –for now and how we need to deal with massive amounts of debt.

Feds don't rule out severance pay, bonuses for managers of disgraced 'green slush fund'! An executive with Sustainable Development Technology Canada would not say if members of the disgraced fund will earn bonuses and/or severance pay. Its board of directors committed 186 conflicts of interest when allocating tens of millions in taxpayer dollars to corporations. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/feds_dont_rule_out_severance_pay_bonuses_for_managers_of_disgraced_green_slush_fund

Trump names campaign manager Susie Wiles as chief of staff And I welcome 🙏 that is shows gratefulness and gratitude that Trump appreciate the great work of Susie Wiles since many years ago

Ethics committee grills CTV News manager over manipulated Poilievre clip 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://tnc.news/2024/10/12/ethics-committee-grills-ctv-news-manager-over-manipulated-poilievre-clip/

BlackRock: The Conspiracies You Don’t Know BlackRock and other asset managers are profiting off of every aspect of your life. It's not a conspiracy — it's an open restructuring of society.

More than three years ago, a small group of government scientists came forward with disturbing allegations. During President Donald Trump’s administration, they said, their managers at the Environmental Protection Agency began pressuring them to make new chemicals they were vetting seem safer than they really were. They were encouraged to delete evidence of chemicals’ harms, including cancer, miscarriage and neurological problems, from their reports — and in some cases, they said, their managers deleted the information themselves. https://www.propublica.org/article/epa-scientists-faced-retaliation-after-finding-harm-from-chemicals