No Breach of Contract no Bad Faith Happy Veterans Day to My Fellow Veterans Some Claims Proper Some Not Read the full article at https://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec, shttps://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec and at https://zalma.com/blog plus more than 4900 posts. Post 4929 Vepo Design Corporation and its officers (collectively, “Vepo”) appealed the district court’s grant of summary judgment on their breach of contract and bad faith claims against American Economy Insurance Company (“AEIC”). Vepo’s claims relate to AEIC’s denial of coverage following a fire in a laundromat, known as the “Central Laundromat,” which Vepo was developing. In Vepo Design Corporation, et al. v. American Economy Insurance Company, No. 23-55634, United States Court of Appeals, Ninth Circuit (November 4, 2024) the issues were resolved serially. DECISIONS Business Income The Ninth Circuit reversed the district court’s grant of summary judgment in favor of AEIC on Vepo’s business income claim, which concerns income Vepo contends it would have earned operating the Central Laundromat if the fire had not occurred. AEIC argued that Vepo’s claim for lost income was too speculative given that the Central Laundromat was still under construction and Vepo had not secured additional financing to own and operate it. Construing the facts in the light most favorable to Vepo as the non-moving party the Ninth Circuit concluded that there is sufficient evidence to create a genuine dispute of material fact and that Vepo’s claim for lost business income is not unduly speculative. There is evidence that Vepo was contemplating an arrangement under which it would own and operate the Central Laundromat for a period of time before selling it, and that Vepo later engaged in similar arrangements for other laundromats. Vepo, which was experienced in the laundromat industry, also demonstrated that it had a history of securing financing for its laundromat projects and that it intended to refinance the Central Laundromat once a certificate of occupancy was received. Although Vepo had not secured refinancing for the Central Laundromat as of the time of the fire, Vepo’s Principal Owner stated in her declaration and confirmed at her deposition that it was too early to do so in the project timeline. That Vepo had yet to refinance does not render its claim too speculative as a matter of law and its losses are for a jury to decide. Extra Expense The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of AEIC for the extra expenses that Vepo allegedly incurred in storing laundry equipment in a warehouse owned by Vepo’s sister company following the fire. While the policy only required the expense to be incurred, not paid, there was insufficient evidence to create a triable issue over whether the expense was incurred at all. No payment changed hands between the two entities, and there is no accounting record showing that Vepo was liable for the storage amount. When the same person signed as representative of both entities, does not create a genuine dispute of material fact. Lost Profits The Ninth Circuit concluded that the district court properly granted summary judgment on Vepo’s claim for lost profits on the prospective sale of the laundromat. Even assuming that such a loss would be covered under the policy, the claim fails because the policy limited coverage to losses that occur within one year of the incident. Vepo’s plan called for it to own and operate the Central Laundromat for at least one year after opening, which would place any hypothetical sale more than a year after the pre-opening fire. Individual Personal Property Claims The Ninth Circuit affirmed summary judgment for AEIC on the claims by the individual plaintiffs for their own personal property that was allegedly lost in the fire. As the district court correctly found, Vepo did not identify what individual property was lost or its worth. The individual plaintiffs’ claims were too unsupported to create a triable issue. Bad Faith The Ninth Circuit partially reversed the district court’s grant of summary judgment on Vepo’s bad faith claim, to the extent of the single insurance claim it allowed to go forward-the business income claim. The district court may permit any further motions practice on the bad faith claim as it deems appropriate. However, it affirmed the district court’s grant of summary judgment on the bad faith claim insofar as that claim is premised on any of the other breach of contract claims to which AEIC is entitled to judgment as a matter of law. There is never a claim for breach of the implied duty of good faith and fair dealing if there was no improper denial of coverage under the policy. ZALMA OPINION The importance of this case is the reiteration of the law that there can never be a viable tort of bad faith if there is no improper denial of a claim by breach of the insurance contract. If the one cause of action remaining was breached in bad faith and there was no genuine dispute over coverage, that cause can be brought for bad faith damages. The other decisions of the Ninth Circuit were obvious and well reasoned. (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

MUST READ - Check your premises https://daveziffer.substack.com/p/pimps-and-their-democrat-friends?utm_source=post-email-title&publication_id=1474943&post_id=151028728&utm_campaign=email-post-title&isFreemail=true&r=1pcadm&triedRedirect=true&utm_medium=email

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McKinsey Study That Spawned Corporate DEI Programs Unravels https://www.dailysignal.com/2024/07/03/bogus-study-heart-corporate-dei/ As the wind slowly goes out of the sails of corporate diversity, equity, and inclusion programs, it’s worth noting just how much purveyors of this nonsense have peddled their ideology under the false premise of data, science, and research. The Wall Street Journal published an article Friday about how the consulting firm McKinsey announced in 2015 that it had “found a link between profits and executive racial and gender diversity.” This research was “used by investors, lobbyists, and regulators to push for more women and minority groups on boards, and to justify investing in companies that appointed them.

https://medforth.biz/india-hindu-residents-protest-against-muslims-who-brought-goats-for-slaughter-inside-building-society-premises-police-action-awaited/

https://medforth.biz/france-jihadists-plotted-terrorist-attacks-on-premises-belonging-to-the-identitarian-movement/

JUAN O SAVIN- America SEES The Consent of the Governed- NINO 5 26 2024 https://rumble.com/v4xv8fz-juan-o-savin-america-sees-the-consent-of-the-governed-nino-5-26-2024.html IS this the Second American REVOLUTIONARY WAR? This is really going to be a time of coming of AWARENESS and COHERENCY. These are not options this will be a part of your Magna Carta moment. Will Trump come in as KING? Yes he is going to clean house. The Consent of the Governed. Back to a time when the line is drawn. “Consent of the governed” refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented, or agreed to, by the people over which that political power is exercised. This is the STATE of our UNION at this moment but it is by the GRACE OF GOD that we will NOT be FORCED to go to CIVIL WAR. The Premise has always been to SAVE PEOPLE. This Fight from the Divine Prospective... The might is about the individual as we all are eternal beings. The manifestation of the moment is fabrications of insignificance. A "breath" in the LONG MARCH of time. These agreements are momentary. Not living entities. I tried all in my power to avert this war. I saw it coming, for twelve years I worked night and day to prevent it, but I could not. The North was mad and blind; it would not let us govern ourselves, and so the war came, and now it must go on unless you acknowledge our right to self government. We are not fighting for slavery. We are fighting for Independence. -Jefferson Davis Jefferson F. Davis was an American politician who served as the first and only president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the House of Representatives as a member of the Democratic Party before the American Civil War.

On college campuses, beyond the chaos and fem/lib humanities majors with nose piercings, you’re seeing the beginnings of a culture wide, generational reset. The young men and women have had enough. You’re about to see millions of them get pissed off enough to reject the left’s entire premise. Celebrate the prodigal sons and daughters as they come home

A strange couple of weeks settling into my new home... so much of this town remains familiar but so many things have changed since I left for my first public school job back in 2009... It shows how dynamic South Korea is, new buildings seem to age and fade with amazing rapidity, are torn down and replaced, and some small aspect that used to exist is lost, never to return... and we head into another weekend with myself helping my little lady friend piece her new furniture together (inexplicably having lost several plastic washers, which I printed for her today) and try to answer a number of questions relating to what kinds of food and other offerings could help to develop her business... I have seen her running two small bars but suddenly, she acquired an itch for bigger premises, and so, here we are on a Friday night. Have a good weekend, everyone!

https://www.theepochtimes.com/epochtv/spike-protein-contamination-study-calls-for-mrna-vaccines-to-be-suspended-over-blood-bank-concerns-facts-matter-5617335?&utm_medium=FactsMatter&utm_source=SocialM&utm_campaign=SpikeProteinBlood&utm_content=03-28-2024 At this moment, in America, there is no distinction within the U.S. Red Cross between blood that was donated by vaccinated versus unvaccinated individuals. When you donate blood, the organization asks you whether you’ve received the COVID-19 vaccine, but that has nothing to do with your eligibility. In fact, the Red Cross website makes a special point to mention that:
“The Red Cross, like all blood collectors in the U.S., is required to follow the eligibility guidelines set by the [FDA] … The FDA permits individuals to donate blood with no wait period after receiving a COVID-19 vaccine as long as they are feeling well and symptom free, and the vaccine they received is one approved by the FDA for use in the US.” This means that as long as you say that you’re feeling alright, your COVID-19 vaccination status does not affect your eligibility to donate blood. Furthermore, on the receiving end, if you need a blood transfusion, there’s no real way for you to know whether or not the blood that you’re getting came from a vaccinated or unvaccinated source. And while the FDA and the Red Cross see no problem with this situation (writing on their respective websites that the mRNA injections do not pose a risk to the recipient), a new study calls this premise into question. Let’s go through the details together.