• ...WOW!!! (At about~45 min) ...you can hear a really clear recording , of Adolph Hitler, giving a speech...]
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  • https://audio.com/tonyone/audio/screen-recording-30-11-2024-17-39-39-audio-extractor… Breezing Things is a Soothing Soundscape of Gentle Winds and Tranquil Moments. It is perfect for unwinding, meditation, or finding peaceful focus." It creates an inviting atmosphere for listeners who seek a peaceful, ambient experience. Free mp3 download
    https://audio.com/tonyone/audio/screen-recording-30-11-2024-17-39-39-audio-extractor… Breezing Things is a Soothing Soundscape of Gentle Winds and Tranquil Moments. It is perfect for unwinding, meditation, or finding peaceful focus." It creates an inviting atmosphere for listeners who seek a peaceful, ambient experience. Free mp3 download
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  • Red Light Therapy Presentation of 11-21-24 From Jonathan Oto – Recording Available

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  • 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
    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
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  • DAY 2 Recording Now Available - Jonathan Otto's 5-Day Live Challenge, Conquer Long C0VID!

    https://terrylclark.substack.com/p/day-2-recording-now-available-jonathan
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  • DAY 1 Recording Now Available - Jonathan Otto's 5-Day Live Challenge, Conquer Long C0VID!

    https://terrylclark.substack.com/p/day-1-recording-now-available-jonathan
    DAY 1 Recording Now Available - Jonathan Otto's 5-Day Live Challenge, Conquer Long C0VID! https://terrylclark.substack.com/p/day-1-recording-now-available-jonathan
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  • "YOU'LL BE IN CUFFS IF YOU KEEP RECORDING!" - POLLING PLACE TROUBLES

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    "You'll be in CUFFS if You Keep Recording!" - Polling Place Troubles
    🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Sub the new channel: https://www.youtube.com/watch?v=5Yv-i8w6omo&t=9s Follow Bakishamil: @RandomNYC2024 on X Become a Channel member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/j…
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  • OUR DAILY OLDIES: BY THE EARLY 1950s, WHEN ROCK AND ROLL WAS BORN, BLACK PERFORMERS WERE DOING WERE DOING "REVOLUTIONARY" MUSIC FOR THE AGE BUT THOSE WERE THE TIMES WHEN SEGREGATION WAS STILL LEGAL. WHITE ARTISTS USED TO DO COVER VERSIONS OF SONGS ORIGINALLY FROM BLACK ARTISTS BUT THE WHITE COVER VERSION WAS THE ONE SELLING MORE RECORDS AND PLAYING ON THE RADIO, MAKING FAMOUS THE WHITE "COPIERS". SAM PHILIPS OWNED A LITTLE RECORDING STUDIO IN MEMPHIS, TN (SUN RECORDS) MAKING RECORDS BY BLACK MUSICIANS AND SINGERS. HE SAID TO HIMSELF: "IF I FIND A WHITE GUY WHO COULD DO THESE SONGS, I COULD GET RICH". ONE DAY, ELVIS CAME WITH A GUITAR AND WANTED TO RECORD A SONG FOR HIS MOTHER... THE REST IS HISTORY. TODAY'S SONG IS 'READY TEDDY', ORIGINAL BY LITTLE RICHARD AND THE COVER VERSION BY ELVIS.
    OUR DAILY OLDIES: BY THE EARLY 1950s, WHEN ROCK AND ROLL WAS BORN, BLACK PERFORMERS WERE DOING WERE DOING "REVOLUTIONARY" MUSIC FOR THE AGE BUT THOSE WERE THE TIMES WHEN SEGREGATION WAS STILL LEGAL. WHITE ARTISTS USED TO DO COVER VERSIONS OF SONGS ORIGINALLY FROM BLACK ARTISTS BUT THE WHITE COVER VERSION WAS THE ONE SELLING MORE RECORDS AND PLAYING ON THE RADIO, MAKING FAMOUS THE WHITE "COPIERS". SAM PHILIPS OWNED A LITTLE RECORDING STUDIO IN MEMPHIS, TN (SUN RECORDS) MAKING RECORDS BY BLACK MUSICIANS AND SINGERS. HE SAID TO HIMSELF: "IF I FIND A WHITE GUY WHO COULD DO THESE SONGS, I COULD GET RICH". ONE DAY, ELVIS CAME WITH A GUITAR AND WANTED TO RECORD A SONG FOR HIS MOTHER... THE REST IS HISTORY. TODAY'S SONG IS 'READY TEDDY', ORIGINAL BY LITTLE RICHARD AND THE COVER VERSION BY ELVIS.
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  • OUR DAILY OLDIES: A RARE LIVE PERFORMANCE BY PAUL REVERE AND THE RAIDERS IN A STRANGE DARK PLACE, LIKE... A BASEMENT RECORDING STUDIO? THE SONG IS 'LOUI, LOUI'. EVEN MORE RARE IS A VERSION BY THE MEXICAN GROUP 'LOS APSON' AS A BONUS TRACK.
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