Intent to Move is not a Residence Residence Premises Requires the Insured to Live in Residence Post 4944 Read the full article at https://www.linkedin.com/pulse/intent-move-residence-barry-zalma-esq-cfe-qmlxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Paul Villalobos v. Clear Blue Insurance Company, No. 24-20125, United States Court of Appeals, Fifth Circuit (December 10, 2024) the the Fifth Circuit affirmed the district court’s dismissa of Plaintiff-Appellant Paul Villalobos’s breach of contract claim following a coverage dispute between himself and his insurer, Clear Blue Insurance Company, because he admitted he did not live in the insured premises. FACTS Villalobos is named on a Clear Blue homeowners’ policy, which provides coverage for property located at 7503 Muirwood Lane in Houston, Texas (the “Property”). The policy’s “Property Coverages” section states in pertinent part: “We cover . . . [t]he dwelling on the ‘residence premises’ shown in the Declarations.” The policy defines “residence premises,” also in pertinent part, as “[t]he one-family dwelling where you reside . . . on the inception date of the policy period shown in the Declarations.” The Declarations page lists Villalobos as the insured, his mailing address as the Property, and the inception date as September 21, 2021. In mid-November 2021, Villalobos reported to Clear Blue that wind and hail had damaged the Property’s roof earlier that month. Clear Blue denied coverage after Villalobos admitted he lived in Colorado and had never resided at the Property. Villalobos sued Clear Blue, alleging breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code, fraud, and ongoing conspiracy to commit illegal acts. ANALYSIS During his deposition, Villalobos testified that he lived in Colorado for over nine years and did not reside at the Property when the Clear Blue policy went into effect. Clear Blue moved for summary judgment on Villalobos’s claims, arguing there was no insurance coverage for Villalobos’s property damage as a matter of law. Applying Louisiana law, the Fifth Circuit has previously determined that an identical residence requirement in a homeowners’ insurance policy required “more than purchasing a home or intending to move into it.” GeoVera Specialty Ins. Co. v. Joachin, 964 F.3d 390, 393 (5th Cir. 2020). Applying Joachin the Fifth Circuit agreed with the district court that the Property did not satisfy the policy’s residence requirement and was not a covered “residence premises” because: it is undisputed that Villalobos did not reside on the Property on the inception date of the Clear Blue policy; and Villalobos’s only material argument on appeal is that he intended to move onto the Property. Joachin held that “intending to move” is not enough. The Fifth Circuit concluded that there is no coverage under the policy. Accordingly, Villalobos’s breach of contract claim failed and the USDC’s judgment was affirmed. ZALMA OPINION That something as obvious as a home in Texas cannot be the residence premises of a person who lives full time in Colorado. Insurers issue property insurance policies providing coverage similar to a homeowners policy to the owner of a rental property while a homeowners policy limits coverage to the person who actually resides at the property. That this case went to the Fifth Circuit was the waste of Plaintiff’s time and money, the waste of the time of the trial court, and the waste of the time of the Fifth Circuit who rendered a concise and clear opinion. A less kind judge or appellate court would have imposed sanctions on the party plaintiff and his counsel. (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

“On Tues. 10 Dec. 2024 the Supreme Court ruled in favor of the Brunson Case—a legal battle that was never meant to reach the public.” “This historic ruling confirmed what millions have suspected all along: the 2020 election was rigged, manipulated by corrupt politicians and the Deep State. Trump was never legitimately removed, and this decision officially recognized him as the rightful President. “Trump was always the rightful President, and now the Supreme Court has confirmed it. The truth, hidden for years, is finally out. This ruling could unleash chaos—thousands dead, cities in ruins, and America teetering on collapse. The globalist elites and corrupt politicians who orchestrated this betrayal have pushed the nation to its breaking point, but Trump’s return may be our only hope. “For years, the Deep State, media, and political elite lied to the American people, covering up their crimes while dragging the country into darkness. This betrayal has plunged America into chaos. Thousands are dead, cities obliterated, and families are left freezing in tents. “The Fallout: Death, Destruction, and Despair: The nation is burning. The chaos unleashed by this ruling could turn once-thriving communities into rubble. Murder, political violence, and economic collapse could tear America apart, shatter Families, destroy neighborhoods and the most vulnerable could die in the brutal winter cold. “Trump’s Return America’s Last Hope: While some call his return divisive, Trump’s supporters know he is the only leader who can restore the nation. His America First policies are already sparking hope amid the devastation. The elites fear him because he’s the one man standing between them and total domination. “The Deep State’s Reckoning Has Begun: This chaos is their doing. The Globalists who orchestrated this collapse—Biden, corrupt politicians, and their media puppets—must be held accountable. They sold out America for their own gain, leaving the people to suffer. “The War for America’s Future Starts Now: Trump’s return marks the beginning of a new fight. The Supreme Court’s ruling wasn’t just a legal decision—it was a warning. The Deep State’s control is crumbling. Will America rise from the ashes, or will it fall into darkness? “This is the fight of our lives. Will you stand with Trump?” Join now, while it's not too late: https://t.me/JFK_Q17 We’ve waited for years… and now it’s here. The Deep State’s downfall has begun, and nothing can stop it now. Join below to witness the truth unfold: https://t.me/DeepStateFalling (https://t.me/+oBE3K5AX-1M0ZTcx) ✅

"In other words: Trump’s policy toward Russia will be Biden’s policy toward Russia, and this is a policy that would lead inevitably to WW3, because the U.S. Government is — in its actions and not merely in its words — just as determined to conquer (control) Russia, as Russia is determined NOT to be controlled by ANY foreign power." https://theduran.com/reuters-reports-trump-is-set-to-continue-bidens-policies-on-ukraine/

California Legislature Convenes Special Session to ‘Trump-Proof’ State Laws https://news.parler.com/california-legislature-convenes-special-session-to-trump-proof-state-laws/ In a bold move designed to safeguard California’s progressive policies, Governor Gavin Newsom has convened a special session of the state legislature to prepare for anticipated challenges from the incoming Trump administration. The session, which began on December 2, reflects California’s determination to uphold its left-leaning stances on climate change, reproductive rights, and immigration in the face of a federal government poised to pursue policies that could undermine them.

BREAKING: Mark Zuckerberg reportedly wants an “active role” in Trump’s tech policies. F'K HIM...

https://rairfoundation.com/veterans-evicted-migrants-prioritized-tyranny-globalist-policies-hits/

https://medforth.biz/male-surf-coach-registers-for-womens-surf-contest-to-highlight-hypocrisy-of-inclusive-sport-policies/

RICK MIRACLE VIDEO LIBRARY #159, 2021 VIDEO, THE 2020 ECONOMIC CRISIS, GLOBAL POVERTY, UNEMPLOYMENT ALL that you need to comprehend is that EVERY SUPPOSED "#Government" on earth is in reality run by the SAME PEOPLE, who are members of "Secret Societies" that worship the "god of this world" #Satan Once you understand this, and clearly recognize their motives are NOT to help mankind, but instead to DESTROY MANKIND, then you might understand their actions! As long as you continue believing that "They are stupid" you'll be their victim! THEY ARE NOT STUPID! They simply want to KILL and ENSLAVE YOU! This is why their "policies" are always HARMFUL, always anti-human, always #Evil, always designed to harm you, your property & property rights, and your children You MUST comprehend these people are NOT even attempting to "eliminate problems"... Their intentions are to CREATE PROBLEMS that they can then get YOU to "Demand their pre-planned solution" for..... Political #Parasites are servants of #Satan! The two-party system itself is SATANIC! The "Maritime Admiralty Law" slave system our "courts" use, better known as the "Legal System" are Satanic also! The word "Legal" literally means "AGAINST YHWH'S LAW" And do not ignore the FACT that they even SHOW YOU the Satanic, idol worshiping nature of this system by displaying "Lady Justice" (A #Pagan false deity) in EVERY COURT and is used to represent the "legal system" itself! STOP PARTICIPATING IN THIS SATANIC SYSTEM!!! DEMAND that it be shut down and discontinued to exist via YOUR CONSENT! Without YOUR CONSENT none of these Satanic systems can exist!!! So REVOKE your consent right now! REVOKE both express and "Implied Consent" to giving these systems jurisdiction over you! Because these systems DO REQUIRE your consent! https://old.bitchute.com/video/G9t7l5HojK4G/

-- Sensible Policies Ahead: Climate Hysteria About to Meet its Match https://surgecolumns331790116.wordpress.com/2024/11/26/sensible-policies-ahead-climate-hysteria-about-to-meet-its-match/

When Rejected in Writing no UM/UIM Coverage Read the full article at https://lnkd.in/gwt49KRg, see the full video at https://lnkd.in/ggwkMJ_U and at https://lnkd.in/gbFpkHtK and https://zalma.com/blog plus more than 4900 posts. When Rejected in Writing no UM/UIM Coverage Post 4939 Karina Monasterio appealed the district court’s judgment in favor of Progressive Express Insurance Company on Progressive’s complaint for declaratory judgment and Monasterio’s counterclaim against Progressive, and in favor of Rasier-DC, LLC and Uber Technologies, Inc. on her crossclaim against those defendants. In Progressive Express Insurance Company v. Karina Monasterio, Uber Technologies, Inc., Rasier – DC, LLC, No. 24-11256, United States Court of Appeals, Eleventh Circuit (November 18, 2024) the Eleventh Circuit affirmed the USDC. FACTS Progressive sued for declaratory judgment. Monasterio counterclaimed seeking a declaration that Florida’s TNC Act required Progressive, Rasier-DC, and Uber to provide uninsured motorist coverage for her accident. Florida’s TNC Act required insurance coverage may be maintained by the TNC, the TNC driver, or the TNC vehicle owner, or it may be provided by a combination of their policies. FLORIDA UM/UIM COVERAGE REQUIREMENTS Florida Statutes provide that no motor vehicle liability insurance policy which provides bodily injury liability coverage shall be delivered or issued for delivery in this state with respect to any “specifically insured or identified motor vehicle” registered or principally garaged in this state unless uninsured motor vehicle coverage is provided therein or supplemental thereto. Neither Rasier-DC nor any other named insured paid the premium for uninsured motorist coverage. THE APPEAL The Eleventh Circuit concluded that the statutory text is clear. The policy was not issued for any “specifically insured or identified motor vehicle” registered or garaged in Florida. So, the requirements of the statute did not apply. Because statute did not require uninsured motorist coverage for the auto insurance policy the TNC Act did not. ZALMA OPINION It is always important for a court to read the language of the applicable statute and the policy to determine coverage on an automobile insurance policy. Here the TNC, Raiser-DC rejected UM/UIM coverage and coverage was clearly not required by the statute. The only question I have is why the parties thought it was worth their time and effort to appeal to the Eleventh Circuit. (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://lnkd.in/gmmzUVBy Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk