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

Presumption https://beta.sermonaudio.com/sermons/56241954334958/

https://medforth.biz/laurence-fox-free-speech-and-the-presumption-of-innocence-are-the-cornerstones-of-a-liberal-democracy-both-have-been-completely-undermined/

https://medforth.biz/laurence-fox-free-speech-and-the-presumption-of-innocence-are-the-cornerstones-of-a-liberal-democracy-both-have-been-completely-undermined/

What is "Legal" is NOT generally LAWFUL! The "Legal System" is the undoing of the Father's Law! Follow The #Law! Common Law, Natural Law, and God's Law... Follow YHWH's Law, Step out of the #Criminal Jurisdiction of the "legal system" The Legal System, Corporate Law, UCC, The law of money was created to protect the Criminals and limit liability! What is "Legal" has nothing to do with the law. It's a corrupt system which requires YOUR CONSENT and puts you under the law of the Sea, Admiralty Law THE UNDOING OF GOD’S LAW – CAN YOU SEE IT? Posted: Thursday, July 16, 2015 in Born Without Money In Chuck BALDWINS most recent post on FACEBOOK, he asks the question over and over, “What will we do,” in relation to the recent decision of homosexual marriage. Here is what I posted in response to his post. The answer to the question, “What will we do?” I think is hidden in one key word within your the first sentence, “What Caesar has demanded that we recognize the legal “right” of homosexuals and lesbians to “marry.” The KEY word that I speak of is the word LEGAL. Why? Even though the word legal is defined any many dictionaries and encyclopedias, the definitions are vague, confusing and most of all misdirect in misunderstanding of its true meaning and nature. Nevertheless, the most direct and strait forward definition that I have ever found for the word LEGAL is, “THE UNDOING OF GOD’S LAW.” [1893 Dictionary of Arts and Sciences, Encyclopedia Britannica, a dictionary of arts, sciences and general literature / The R.S Peale 9th 1893] Think about the ramifications of this definition, as well as how plain and simple this definition is to not only get its proper meaning and intent, but to also clearly obtain insight into the activities of the world around us, and why things are being done the way that they are being done on a daily bases. It should no longer be of any wonder why the definition of this word has been obscured and hidden. This definition reveals the true objective of the LEGAL world of the dead to be to keep one embedded in a carnal mindset, which is enmity against The Most High God, Creator and Father. Now, what shall one do? Perhaps one can start with considering the connection between the legal world of the dead and the biblical admonishment to, “Let the dead bury the dead,” since corporations are of the world of the dead, and all governments are corporations. There obviously is some kind of connection. Furthermore, perhaps one can also consider why it behooves all to come out from such folly and be separate from the related unconscionable acts and deeds done only for the purpose of convenience. Folks, there is NO LOVE present when things are done for the sake of convenience. Likewise, if something is not done for the sake of it being inconvenient, it is no different, for it is without love and thus without keeping and fulfilling the two greatest commandments. Therefore, perhaps one should consider making a formal declaration for and on the PUBLIC RECORD to not only declare who they worship (in Spirit and Truth) but, to also define oneself according to LAW, not a frivolous LEGAL interpretation of Law and/or any of its definitions. Then, once such a declaration is a matter of record, it is possible that it can be used to serve notice upon all who attempt to trespass on them through assumption and/or presumption of that LEGAL WORLD that one has voluntarily elected to be under the governance of the legal world of the dead (other men/another manking 1SAM8) and all the legalities of its overwhelming statutes and codes (+60 million), which ultimately ends up with one paying tribute and homage unto Caesar. That’s Rome doing business as the UNITED STATES folks. Therefore, any such presumption and/or assumption is automatically declared to be null and void for willful negligent fraud unto the unconscionable act and deed of forcible conscription to violate the first of the 10-commandments; and is therefore, absent merit, absent consent, absent agreement, absent validity, absent honesty, absent mercy, absent honor, and most of all absent love. https://onlashuk.wordpress.com/2015/07/16/the-undoing-of-gods-law-can-you-see-it/

EXCLUSIVE INTERVIEW: Evolutionary ‘Proofs’ EXPOSED As False Presumptions – NOT Evidence https://www.infowars.com/posts/exclusive-interview-evolutionary-proofs-exposed-as-false-presumptions-not-evidence/

CAN YOU READ? Now, I KNOW that you THINK you can read! But CAN YOU ACTUALLY READ??? These are two entirely different things! And the more #Indoctrination (Education) you have... THE LESS LIKELY YOU ARE TO BE ABLE TO READ! You may not know it, but you ARE a #Slave! And fighting for one side or the other of our #CRIMINAL, ILLEGITIMATE, #GOVERNMENT just demonstrates my point further! Your entire LIFE is manipulated and controlled by #Fraudulent documents, that YOU think are legitimate, but are absolute #Fraud! Our illegitimate #Courts ignore this FRAUD, making them fraudulent as well. It's how you were enslaved! Brothers and Sisters ALL I WANT FOR YOU IS TO FREE YOURSELF! Then, we can worry with holding the criminals accountable! Romley Stewart ~ An older code (dog Latin the language of the dead/debtor). “Once the fraud has been detected in a document or contract that’s the end of the contract or document. A fact negates a presumption rendering government and corporate documents void if the fraud is detected on such documents or contracts. Every government document mixes all uppercase text with proper English together on one document. Once the SIGN language has been separated from the content of the document, most government and banking documents will make very little or no sense. Once a document has been exposed as grammatically incorrect, nothing can save it.” https://rumble.com/v247ki4-can-you-read.html

Daily Surge Steve Pauwels/Managing Editor 9-28-22 dailysurge.com -- When All These Things Are Happening … Time to Prepare, Respond … https://dailysurge.com/2022/09/when-all-these-things-are-happening-time-to-prepare-respond/ “When 50 senior members of the former President’s administration are raided, searched, detained, questioned and abused by federal law enforcement just prior to a huge election, the right to vote and the right to the presumption of innocence just might be at grave risk.” -- In Our Sometimes-Too-Casual Age … There’s a Place for Majesty, Royalty, Awe https://dailysurge.com/2022/09/in-our-sometimes-too-casual-age-theres-a-place-for-majesty-royalty-awe/ -- Eyes Open! 10 Ways Democrats Deliberately Bringing Destruction to America, Part One https://dailysurge.com/2022/09/10-ways-democrats-deliberately-bringing-destruction-to-america-part-one/ -- Warped Kinsey Fascination Is Re-emerging … Hide the Kids! https://dailysurge.com/2022/09/warped-kinsey-fascination-is-re-emerging-hide-the-kids/ -- Are the ‘Woke’ the New Pharisees? Leftist’s Hypocrisy over Martha’s Vineyard on Full Display https://dailysurge.com/2022/09/are-the-woke-the-new-pharisees-leftists-hypocrisy-over-marthas-vineyard-on-full-display/ -- Remembering the Big Picture: Don’t Forget ‘LGB’ When Pushing Back Against ‘T’ https://dailysurge.com/2022/09/remembering-the-big-picture-dont-forget-lgb-when-pushing-back-against-t/ -- British Royal Family: One Scandal After Another—Time to Shut It Down? https://dailysurge.com/2022/09/british-royal-family-one-scandal-after-another-time-to-shut-it-down/ -- Adam Levine, Human Nature, and Adultery … Not the End of the Story https://dailysurge.com/2022/09/adam-levine-human-nature-and-adultery-not-the-end-of-the-story/ -- Sowing/Reaping: America’s ‘Secularist’ Religion Has Produced a Ghastly Crop in Society https://dailysurge.com/2022/09/sowing-reaping-americas-secularist-religion-has-produced-a-ghastly-crop-in-society/ -- No Babies, No Life: Modern Societies Without Enough Children Won’t Prosper, Advance https://dailysurge.com/2022/09/no-babies-no-life-modern-societies-without-enough-children-wont-prosper-advance/ -- Leftists Lately Quoting Bible … Usual Anti-Religion Types Suddenly Clam Up https://dailysurge.com/2022/09/leftists-lately-quoting-bible-usual-anti-religion-types-suddenly-clam-up/ -- Misleading ‘Respect for Marriage Act’ Is Cynical, Anti-Child, Political Posturing https://dailysurge.com/2022/09/misleading-respect-for-marriage-act-is-cynical-anti-child-political-posturing/ -- More Child Corruption: ‘Banned Books Week’ Protects Low Quality Trash https://dailysurge.com/2022/09/more-child-corruption-banned-books-week-protects-low-quality-trash/ -- As Season Continues Taking Shape: Pigskin Pundit’s Picks, NFL Week 3 https://dailysurge.com/2022/09/as-season-continues-taking-shape-pigskin-pundits-picks-nfl-week-3/ Jump on over and check us out! dailysurge.com

https://settingbrushfires.com/12-presumptions-against-you-in-us-courts-that-must-be-challenged-video/