Premier space agency, keeps the Earth connected to the stars. Recognizing the 50 top tech leaders transforming their companies for a new era of AI. Forbes to discuss some of the challenges of managing IT for the space agency, designed 30 years ago never could anticipate the environment that we're in today.

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

Hurricane Helene dumped 40 trillion gallons of water. North Carolina is dealing with destruction I’ve never seen before. Why is Biden not mobilizing the US military to help more with this situation? He mobilizes for middle east and Europe, why not america? Kamala harris tried to make a mountain out of a mole hill. She publicly said Governor Run DeSantis was refusing to take her calls so she and the federal government can help with Hurricane Miltion. DeSantis pointed out he was busy actually managing the crisis, no one ever told him she called so he doesn’t even know if thats true and he’s never worked with a Vice President and he’s already been in communication with Biden and Trump and his whole team. Was Kamala trying to simultaneously look important and take a swipe at DeSantis? One of the hottest searches online right now is is the government manipulating the weather. I’m not ready to put on my full tinfoil hat just yet, but I know they can. But are they. Thoughts? Kamala recently sat down for an interview with 60 minutes, Bill Whitaker. I think it was the first time Kamala has faced hard questions and they didn’t even go as hard on her as they go on Trump. I thought she had many incoherent answers and avoided responsibility on questions about the border and inflation. How do you think she did? She was asked about how to make life more affordable and her economic policies. She used phrases like make billionaires pay their fair share. Teachers, Firefighters. Middle class. Whitaker asked how you pay for this. She then complains billionaires pay less taxes that teachers, fire fighters and middle class. Are these all memorized talking points but she didn’t stray from them at all. Bill Whitaker: “Was democracy best served by President Biden stepping down and basically handing you a nomination? You didn’t have to go through a primary process. You didn’t have to fight off other contenders. That’s not really the way our system was intended to work.” Kamala Harris: “President Biden made a decision that I think history is going to show is rare among leaders, which was to put country before self. And I am proud to have earned the support of the vast majority of delegates.” Former Democratic Rep. Peter Deutsch of Florida has publicly endorsed Trump and said it was mainly because Harris and Biden have made the world unsafe. Thoughts on that? The Inspector General has a report showing how involved the FBI was on January 6th from planted agents, to provokatuers, agents infiltrating groups and also the capitol. Horowitz says to congress the report is fully complete but waiting for it to pass top secret clearance. It won’t be out before the election. Is that time line on purpose and do you believe it exonorates Trump or they would have released it already? Rep Adam Schiff says Social Media needs to censor more leading up to the election. Hillary Clinton said social media needs to be censored more. Elon Musk said he believes if Kamala Harris wins she will do all in her power to shut down X. Why does the left hate free speech so much? Elon Musk said yesterday he would like to cut 80% of the federal work force and much of the budget to run a more effective and cost friendly government. Is the deep state panicked over this and how would this improve the country? Vince Coglianese https://www.youtube.com/watch?v=nkk65MIIl3o

Do Deep State Oligarchs Assassinate Threats to Power? YUP! Historical Observations Appears That’s the Case. https://slantedright2.blogspot.com/2024/09/do-deep-state-oligarchs-assassinate.html SUMMARY: Unless one is just way too gullible in trusting the dark corridors of the U.S. Government, one should at the very least be aware there are puppeteers pulling clandestine strings to remove Donald Trump from any kind power mechanism. Even if that means managing a behind the curtains assassination. … Those puppeteers are the likes of the CIA or MK Ultra. THOSE WHO NOTICE: Jesse Watters, Greg Reese, Roger Stone, Jack Posobiec & Owen Shroyer. –READ & WATCH VIDEOS! #DeepStateAssassins

https://www.youtube.com/watch?v=Pw6T4HUsUeM&t=44s The Family That Owns New York Media (For 120 Years) I want you to imagine that you've recently been gifted with seemingly unlimited control over the media narrative of America's richest and most influential city. Indeed, the Sulzbergers, along with their founding in-laws, the Ochs family, have owned The New York Times for an eye-watering 120 years, guiding "America's paper of record”, as they call it, through both world wars, the Great Depression AND Great Recession, presidential assassinations and resignations, multiple pandemics, and into the twenty-first-century globalized world - All while managing to keep it "in the family" and maintain their status as the top dogs of New York (and arguably American) media.

Reminder the media knew all about Kamala Harris's addition problem throughout Biden's term - they were all calling for her replacement in his second term. Throughout President Biden’s first term, the mainstream media repeatedly questioned the fitness of Vice President Kamala Harris, casting doubt on her capability not only as the second-in-command but also as a potential successor to the presidency. The calls for Biden to select a new running mate for his second term were not mere whispers—they were headlines that dominated the news cycle. Headlines Over the Years "Kamala Harris Struggles to Define Role as Vice President Amid Criticism" – The New York Times, July 2021Just months into her tenure, Harris faced widespread criticism for her inability to establish herself as a strong and independent leader. The article highlighted her floundering performance and the lack of a clear role, leading many to question whether she was the right choice for such a crucial position. "Biden's Border Czar Under Fire: Can Kamala Harris Handle the Immigration Crisis?" – CNN, October 2021As the border crisis escalated, Harris, who was tasked with handling the issue, failed to provide effective leadership. Her reluctance to visit the border and her ambiguous statements on immigration raised concerns about her competence in managing such a critical national issue. "Kamala Harris’ Approval Ratings Plummet: What Does It Mean for 2024?" – ABC News, December 2022Harris’s approval ratings tanked, reaching record lows for a sitting vice president. The media began openly discussing whether Biden should consider replacing her on the 2024 ticket, citing her unpopularity as a potential liability for the Democratic Party. "Democrats Quietly Question Harris’ Leadership: Is It Time for a Change?" – The Washington Post, March 2023Prominent Democrats, frustrated with Harris’s lackluster performance and dwindling influence, began voicing their concerns more openly. The article suggested that even within her own party, there was growing support for Biden to consider a different running mate for his reelection campaign. "Kamala Harris Faces Backlash Over Foreign Policy Missteps" – Politico, June 2023 Harris’s foreign policy gaffes, particularly during her trips to Europe and Asia, were widely covered and criticized. Her apparent lack of preparation and inability to articulate coherent positions on key issues fueled further speculation about her unsuitability for the vice presidency, let alone the presidency. "Is Kamala Harris the Weakest Vice President in Modern History?" – The Atlantic, November 2023The Atlantic didn’t mince words in its scathing assessment of Harris’s term as vice president. The article detailed her numerous failures, from domestic policy to international diplomacy, and argued that Biden’s legacy could be at risk if he did not choose a more competent running mate for 2024. Unfit for Office? Kamala Harris’s time as vice president has been marked by a series of blunders, missteps, and a lack of decisive leadership. The mainstream media, usually an ally of the Democratic establishment, has not shied away from criticizing her, leading to widespread calls for her to be replaced on the 2024 ticket. Her inability to effectively handle major issues such as the border crisis, her plummeting approval ratings, and her numerous foreign policy missteps have made it clear that she is not just unfit for the presidency but perhaps even for the vice presidency. With Biden’s age and declining health, the possibility of Harris stepping into the role of president is a scenario that should give every American pause. The media’s consistent scrutiny and criticism over the last four years highlight the growing consensus that Harris was a poor choice from the start, and that the country deserves better leadership moving forward. h/t @rmlunn https://x.com/amuse/status/1825216374253494628

Should Women Take Creatine? Managing Perimenopause | FHP 505 https://www.youtube.com/watch?v=agmoK71zUpQ&list=TLPQMTcwNzIwMjQIvAcrb9BaHg&index=4

According to Pope Francis, "climate change deniers" are "foolish". Does anybody even deny that the climate is changing? The climate has ALWAYS changed. What people dispute is the assertion that human-induced CO2 emissions are the driving force behind climate change, and that we need unelected globalist bodies like the United Nations micromanaging and controlling every intricate detail of our lives in response, under the pretext of "saving the planet".

Israel Attacks Iran, Iran Widens War, Economy Tanks - Greg Hunter https://rumble.com/v4qbx96-israel-attacks-iran-iran-widens-war-economy-tanks.html A deadly, out-of-control war in the Middle East became a reality this week. Israel attacked Iran. Iran released a massive counter-attack on Israel. And now, Israel has attacked multiple Iranian targets, including Iran’s nuclear facilities in the center of the country. Where will it stop? Now, Iran is vowing to attack Israel’s nuke sites. Many have been warning for months about a conflict that could bring on World War III. Is this it? It sure looks like it. The markets are tanking on war news between Iran and Israel. This is at a time when interest rates are rising. The Fed talked about lowering rates three times this year. This week, they say no rate cuts are coming in 2024 because of high and persistent inflation. Of course, war is a huge driver of inflation, and we are just getting started. Gold and silver look like they have a long way to go on the upside, and stocks and bonds have a long way to go on the downside. Many people will be calling their broker and getting a busy signal–that’s if the markets are not completely shut down. Many will be caught on the wrong side of this economy because there is no fear to downside risk. The sheeple are going to be getting a huge lesson on managing risk. There is no telling where this will go, but a crashing economy is definitely on the table, if war does not kick the table completely over.