https://medforth.org/umfrage-bundestagswahl-2025-afd-jetzt-schon-bei-20/

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

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

https://medforth.org/rechtsextrem-dreifach-mutter-platzt-der-kragen-und-schreibt-aufruttelndes-buch/

Trump Inherits Turd of an Economy – Ed Dowd https://rumble.com/v5ndytq-trump-inherits-turd-of-an-economy-ed-dowd.html Former Wall Street money manager Ed Dowd is a skillful financial analyst who said in May the economy was skidding. Now, Dowd predicts the economy is poised to “roll over” and soon. Why is the Fed cutting rates with a record high DOW? Maybe they see the same thing he does. Dowd explains, “Real weekly wage growth was minus 2% going into the election. It is also interesting to know that minus 2% number of wage growth was also in 1980 when Ronald Reagan won in a landslide and also in 1992 when Bill Clinton won in a landslide. . . . I have never seen such blatant manipulation of government statistics. There is government spending and government hiring to paper over what is truly a bad economy for the average man. When I was asked prior to the election who do you think will win the election, I said Trump has already won, according to the economic statistics. That’s why he won. Bobby Kennedy helped along with Elon Musk, Joe Rogan, lots of people switching and what have you. What really got Trump in was the economy, the real economy, not the stock market. It was not the ‘everything is hunky-dory’ pablum from the mainstream media. The real economy has been rolling over, and we are just waiting for the financial markets to figure this out. When they do, Trump is going to inherit a turd of a financial market crisis. Government statistics will be updated, and it will show we started a recession sometime this year. . . . The incoming Trump Administrating has to get out in front of the narrative. This was already baked into the cake. They just got handed fraudulent books. So, they are basically going to get blamed for what is coming. They have to get in front of the narrative and talk about what they were handed. They need to talk about how the stock market is not a real indicator of economic health like it was before the days of raw manipulation.” The other big problem that Trump needs to get in front of is the CV19 bioweapon vax disaster. Dowd says, “We have been monitoring and tracking excess deaths, disabilities and injuries such as heart attacks, neurological problems, cancers and liver issues. There is a whole host of issues that have gone off the charts since the introduction of the Covid vaccines. As of 2023, there was about 1.2 million excess deaths in the US. There were about four million disabilities and about 32 million injured. . . . Our calculations, conservatively speaking, are 8 million to 15 million dead globally, 40 million to 60 million disabled and 500 million to 900 million injured where their immune system is so compromised that they are getting sick all the time. You’ve got to think about it as a funnel. Most of the numbers are injured, and then the next level down are disabled and then dead. People can funnel down from one category to the next. We have a problem here because we have 10% to 13% excess mortality currently running. . . . We are running once in 200 year flood numbers in 2024. . . . This is not over. It is going to stay with us for decades. The way to mitigate that is there needs to be national awareness so people can treat the problems they have. This is the biggest healthcare failure we have ever seen. We need to pull the mRNA vaccines and have a global truth moment. . . .We continue to go along with a wink and a nod to pretend there is not a problem. We are not going to talk about Covid and the mRNA vaccines, and in my mind, this is unethical, immoral and criminal.” Dowd also talks about the US dollar that is not going away anytime soon, gold that is topping out –for now and how we need to deal with massive amounts of debt.

LIVE | Trump Declares War On LGBTQ+ | Ban On Gender-Affirming Car, Penalty For Docs https://youtu.be/uCKUaJawPco Donald Trump recently unveiled his plan to ban gender-affirming care for minors through a social media video. This move has sparked concern and outrage among LGBTQ+ advocates and medical professionals. Critics say Trump's proposal would have devastating consequences and essentially erase LGBTQ+ individuals. Watch.

TELL IT HOW IT IS GENERAL FLYNN!!! Democrats, if you’re wondering why America voted for Trump, allow me to explain: The truth is, the American People are sick of your shit. You ruined our nation and our culture. You openly mocked, belittled, and discriminated us, then called us racist, misogynist, Nazis when we started noticing. You defiled and corrupted all of our great institutions, to include the media, social media, tech, academia, intelligence, health, pharma, Hollywood, entertainment, sports, EVERYTHING! You weaponized every aspect of American life, and used it to push your insane far-Left agenda down our throats. You told us Trump was a Russian asset that was going to start WW3 and would be worse than Hitler. Then you used that as an excuse to justify hatred towards Trump supporters and to riot in the streets. You used it as an excuse to obstruct and ruin Trump’s entire first term, and it turned out it was all a lie. Then during Covid, you demanded we all be forced to take medical experimentation without testing. You wanted dissenters locked in prison. You wanted children taken from their anti-vax parents. You wanted the anti-vax in camps. You were rooting for our deaths. Then it turned out you were wrong about everything from the man-made origin, to masks, to vaccines, to social distancing, to ivermectin, to HCQ, to natural immunity, and everything in between. Then during Ukraine, you told us that Ukraine was a bastion of Democracy, and that they desperately needed all of our tax dollars. Then it turned out that Ukraine is one of the most corrupt nations in the world, with literal Nazi military forces, and it was actually just a money laundering operation to steal from the American taxpayer. You want to defend Ukraine’s borders more than our own. You sent hundreds of billions of dollars on the other side of the planet, while Americans are suffering, all based on more lies. Then there’s the whole Epstein, Diddy, human-trafficking element. You all told us VEHEMENTLY that human-trafficking was a myth, you told us the border was secure, and you told us that anyone who questioned it was an irredeemable & deplorable conspiracy theorist (and a piece of garbage). You said anyone who watched “Sound of Freedom” was a QAnon extremist and threat to democracy. Then it turned out to be true, and the elites really are engaged in unspeakable crimes against children. After you all told us for decades this was not true. You covered up the most heinous crimes imaginable, for political gain. I could do this for days, but I think you get the point. The American People are awake to the scam and the true evil going on around us, and we are not going to stand for it anymore. So we hired Donald J. Trump and his team of Patriots to rectify the situation, and bring America back to her greatness. This is the reality of the situation. You are the bad guys, and you have been deceived. The sooner you wake up to it, the sooner you can join us in repairing this nation. Or you can choose to deny reality, and spend the rest of your lives consumed by hate, based on lies. The choice is yours. Signed: A True American Patriot @realDonaldTrump Thank you for your courage and for standing in the fire for America and all of humanity. God Bless America 🙏🏼🇺🇸 6:59 AM · Nov 10, 2024 · https://x.com/GenFlynn/status/1855580973028540483

(admin) Here it is...expect major acting up..batten the hatches LIVE | Trump Declares War On LGBTQ+ | Ban On Gender-Affirming Car, Penalty For Docs https://youtu.be/uCKUaJawPco Donald Trump recently unveiled his plan to ban gender-affirming care for minors through a social media video. This move has sparked concern and outrage among LGBTQ+ advocates and medical professionals. Critics say Trump's proposal would have devastating consequences and essentially erase LGBTQ+ individuals. Watch.

Trudeau minister ‘willing’ to scrap Elections Act changes over pension controversy! Two-term MPs first elected in 2019 do not qualify until Tuesday, October 21, 2025, a day after the next fixed election date. Pension benefits currently average $77,900 per year. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/trudeau_minister_willing_to_scrap_elections_act_changes_over_pension_controversy

Declaring a Policy Void When a Policy Is Void For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe A small portion of what was provided to subscribers. In almost every policy of insurance, there is a clause declaring the policy void if the insured misrepresents or conceals material facts or commits fraud. For example: We do not pay for bodily injury or property damage which is expected by, directed by, or intended by an insured. This exclusion does not apply to bodily injury that arises out of the use of reasonable force to protect people or property. (AAIS Form BP-200, (c) 1987 AAIS). or: This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other “insured,” at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered “auto”; c. Your interest in the covered “auto”; or d. A claim under this Coverage Form. (Insurance Services Office form CA 00 01 01 87). The policy wording requires that the insurer prove, not only that the insured misrepresented or concealed a material fact but must also prove that the insured did so with the intent to deceive. Absent the rare confession it is often difficult to prove intentional deceit. The insured will usually claim that he or she was mistaken and had no intent to deceive. In more than 50 years of investigation of fraudulent insurance claims I only once received from an insured an under oath statement that the insured intentionally deceived the insurer and then, not in person, but by correcting false testimony in the transcript of an examination under oath. If fraud or mutual mistake is an issue, insurers and insureds doing business in Oklahoma must resort to courts of general jurisdiction for a determination of contractual rights.[1] In Oklahoma, the Workers’ Compensation court does not have the right to rescind or declare a policy of Workers’ Compensation insurance void. However, where there is a misrepresentation with intent to deceive and the putative insured recognized the materiality of the misrepresentation the insurance policy is void from its inception.[2] In Florida, Florida Statutes (2006), state in pertinent part: any insurance fraud shall void all coverage arising from the claim related to such fraud under the personal injury protection coverage of the insured person who committed the fraud. In harmony with this statutory provision, the fraud provision in an insurance policy set forth: “any insurance fraud shall void all personal injury protection coverage arising from the claim with respect to the insured who committed the fraud” is appropriate and enforceable. [Bosem v. Commerce & Indus. Ins. Co., 35 So.3d 944 (Fla. App., 2010)]