WOW! YOU CAN GET UP TO SEVEN YEARS IN FEDERAL PRISON IF YOU GO TO MEXICO AND TRY TO COME BACK AS AN ILLEGAL TO COLLECT THE BENEFITS THAT THE ILLEGALS ARE GETTING...

Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract Waiver of Subrogation Applies in Marine Insurance Policy Post 4938 Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog. Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy. In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes. BACKGROUND The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized. Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims. THE TIME CHARTER Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood. THE POLICY The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured. THE MASTER SERVICES CONTRACTS. Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims. ANALYSIS Fieldwood’s Motion Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood. U.S. Specialty Waived Its Rights of Subrogation The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood. Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention. The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation. Fieldwood’s motion for partial summary judgment was GRANTED. ZALMA OPINION Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver. (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

Another failure, SpaceX leak problem that has NASA worried with these spacecrafts to send astronauts to the ⚔, SpaceX opted to land it in the Gulf of Mexico. The causes of the failure remains unclear. Investigation got warnings that the tower may not be work correctly.

I love the police but this is what you get when you DEI hire stupid people... These same people don't blink an eye when a 10 year old is walked from Mexico into the US unaccompanied.

The President Trump Effect: Just few days since his Election Win: ▪️ Appoints the first-ever woman as chief of staff. ▪️ The Taliban signals a wish to be removed from the terrorist list. ▪️ Putin announces the West is no longer viewed as an enemy. ▪️ Mexico discourages large caravans from heading to the U.S. border. ▪️ New York halts food vouchers for illegal immigrants. ▪️ China expresses a desire for peaceful coexistence with America. ▪️ European Union leaders announce plans to prioritize ▪️ American gas over Russian supplies. ▪️ Hamas calls for an end to the war. ▪️ The stock and crypto markets are soaring to new records. Nov 10, 2024, 5:35 PM https://truthsocial.com/@candijo0475/posts/113461044882250493

Joe Kidd Clint Eastwood stars as former bounty hunter turned hired gunslinger, Joe Kidd, who finds himself in the middle of a range war in rough and rugged New Mexico. Following an armed uprising by local Mexican revolutionaries who claim they've been cheated out of their land, Kidd is hired to quell the rebellion by a wealthy land baron (Robert Duvall) with interests in the disputed territory. But Kidd's and his employer's interests are soon at odds when he falls for a beautiful Hispanic rebel in this top-notch action-adventure from acclaimed veteran western director John Sturges. https://www.youtube.com/watch?v=B4noGSf4v6U

Shadowy Cartel Pushing Fresh Waves of Illegals Into Eagle Pass as Mexico Relaxes Control Over Border Region https://www.infowars.com/posts/shadowy-cartel-pushing-fresh-waves-of-illegals-into-eagle-pass-as-mexico-relaxes-control-over-border-region

Minnesota and New Mexico FLIP RED in Shocking 2024 Election Forecast! Donald Trump FLIPS Minnesota & New Mexico. Apparently, Minnesota doesn't even like their homeboy Timmy Tampon any longer. https://rumble.com/v5k55sj-minnesota-and-new-mexico-flip-red-in-shocking-2024-election-forecast.html

Joe Kidd Clint Eastwood stars as former bounty hunter turned hired gunslinger, Joe Kidd, who finds himself in the middle of a range war in rough and rugged New Mexico. Following an armed uprising by local Mexican revolutionaries who claim they've been cheated out of their land, Kidd is hired to quell the rebellion by a wealthy land baron (Robert Duvall) with interests in the disputed territory. But Kidd's and his employer's interests are soon at odds when he falls for a beautiful Hispanic rebel in this top-notch action-adventure from acclaimed veteran western director John Sturges. https://www.youtube.com/watch?v=B4noGSf4v6U&t=118s

Truth! Someone recently asked me why I like Trump. My answer was that I don't really like a lot of things about Trump. But this election is not about choosing the most likeable person. We are voting between two vastly different ideologies. We are voting for the country we want to leave our children and grandchildren. Trump represents that future and has proven that he can deliver. He is a patriot to the core and even served his country for 4 years without pay. That moment when someone says, "I can't believe you're voting for Trump". I simply reply, “I'm NOT voting for Trump.” I'm voting for the First Amendment and freedom of speech. I'm voting for the right to speak my opinion and not be censored. I’m voting for secure borders and LEGAL immigration. I am voting for election integrity to include mandatory voter ID. (Why would anyone vote against this?) I'm voting for the Second Amendment and my right to defend my life and my family. I'm voting for the police to be respected once again. I am voting for law & order and an end to allowing protesters to trespass and burn our cities, destroying innocent small business. (Tim Walz) I am voting for personal responsibility and the end of the revolving door where criminals are being put back on the street. (Kamala Harris) I'm voting for the next Supreme Court Justice(s) to protect the Constitution and the Bill of Rights. I’m voting for a return of our troops from foreign countries and the end to America’s involvement in foreign conflicts. I'm voting for the Electoral College and for the Republic in which we live. I’m voting for the continued appointment of Federal Judges who respect the Constitution and the Bill of Rights. I’m voting for keeping our jobs to remain in America and not be outsourced all over the world - to China, Mexico and other foreign countries. I am voting for doing away with all of the freebies given to all of the illegals and not looking after the needs of the American citizens and homeless veterans. I'm voting for the military & the veterans who fought for this country I'm voting to keep men out of women's sports. I’m voting for peace progress in the Middle East. I’m voting to fight against human/child trafficking. I'm voting for Freedom of Religion. I am voting for the return of teaching math, history, and science instead of the indoctrination of our children. I'm not just voting for one person. I'm voting for the future of my Country. I'm voting for my children and my grandchildren to ensure their freedoms America is the greatest country in the world, hense why everyone wants to immigrate here. So why do you want to change it? Why do politicians want to enact policies that have failed in other countries throughout history? I'm not voting for Trump. I'm voting for America. Copied and pasted, keep it going