Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract

Waiver of Subrogation Applies in Marine Insurance Policy

Post 4938

Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog.

Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy.

In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes.

BACKGROUND

The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized.

Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims.

THE TIME CHARTER

Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood.

THE POLICY

The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured.

THE MASTER SERVICES CONTRACTS.

Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims.

ANALYSIS

Fieldwood’s Motion

Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood.

U.S. Specialty Waived Its Rights of Subrogation

The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood.

Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention.

The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation.

Fieldwood’s motion for partial summary judgment was GRANTED.

ZALMA OPINION

Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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Bird on a Wire
Mel Gibson and Goldie Hawn team up in this non-stop action-comedy directed by John Badham. Hiding under the FBI Witness Protection Program, Rick Jarmin (Gibson) get nervous when old fame Marianne Graves (Hawn) recognizes him. But before he can assume a new identity, the man he put in jail (David Carradine) is released and comes to pay his respects. Rick and Marianne find themselves thrown together on an exhilarating cross-county scramble, barely evading the gangsters, police and an amorous veterinarian (Joan Severance). Their whirlwind travels eventually lead to an unforgettable climax in an elaborate zoo exhibit. A rollercoaster of a movie which will keep you on the edge elaborate zoo exhibit of your seat.

ABC has gone to hell in a handbasket, and the leftwingers have a nerve calling us a basket of deplorables.

Michael Strahan can’t respect his country/military men & women he’s surrounded by on this ship by simply putting his hand over his heart, but he’s happy to encourage child drag queens…
Sickening.

LGBTQ Welcome to Hell
https://imgflip.com/i/7fo9hu

Absolutely it is!

This is a fantastic documentary that could be 110% better if it's creators were aware of (Or did not hide) the FACT that the earth is an ENCLOSED SYSTEM, and is FLAT & STATIONARY! If you believe in what your bible tells you, I want you to open to PAGE 1, GENESIS 1, and read down to verse 10!

YHWH "separated the waters from the waters."

Genesis 6 And God said, Let there be a firmament in the midst of the waters, and let it divide the waters from the waters.

Genesis 7 And God made the firmament, and divided the waters which were under the firmament from the waters which were above the firmament: and it was so.

There are several misleading parts within this documentary, like when the man claims that during creation "We now have a water ball in space."

WHERE IS THAT IN THE TEXT???

No folks, "space" does not exist, #NASA is a Satanic organization of deception, and the earth is FLAT and STATIONARY just like the bible tells you it is! COUNT THE NUMBER OF TIMES YOUR BIBLE SAYS "The earth shall not be moved"
Go and count them!

Count how many times your bible says the earth has "foundations."

This documentary would be perfect if it told the TRUTH about our earth being a flat and stationary PLANE and the Sun, Moon, and stars are "Lights in the sky"
(within the firmament) just like the bible tells us it is.

I respect the creators of this documentary, they could just be brainwashed into believing in "Space" and all of that nonsense, just like the rest of us were! But I have found that Hollywood and "Science so-called" always uses deception in this area.

There is no demonstrable "curvature" to the earth's surface. This ALONE proves without a shadow of a doubt that the earth is flat! Don't believe me? I challenge you to "Prove the #Globe" you believe in!

That is what I tried to do, and is why now I know the TRUTH.... That there is no proof to the claim the earth is a sphere! It's all a Satanic LIE. It is likely "The great delusion" spoken of in your bible! Have a blessed day and READ YOUR BIBLE! Go check out Rob Skiba's "Testing the Globe" website, there is a lot of information there!

Most importantly though...
PRAISE YHWH and admire His perfect Creation!
A living Testament to His greatness and power!

Walk in His statutes and be humble!

https://youtu.be/UM82qxxskZE

https://youtu.be/A2EzWPQZD9Y?si=bnbARcRB36FDCMzN respect

Leviticus
Chapter 26

1 Ye shall make you no idols nor graven image, neither rear you up a standing image, neither shall ye set up any image of stone in your land, to bow down unto it: for I am the LORD your God.

2 Ye shall keep my sabbaths, and reverence my sanctuary: I am the LORD.

3 If ye walk in my statutes, and keep my commandments, and do them;

4 Then I will give you rain in due season, and the land shall yield her increase, and the trees of the field shall yield their fruit.

5 And your threshing shall reach unto the vintage, and the vintage shall reach unto the sowing time: and ye shall eat your bread to the full, and dwell in your land safely.

6 And I will give peace in the land, and ye shall lie down, and none shall make you afraid: and I will rid evil beasts out of the land, neither shall the sword go through your land.

7 And ye shall chase your enemies, and they shall fall before you by the sword.

8 And five of you shall chase an hundred, and an hundred of you shall put ten thousand to flight: and your enemies shall fall before you by the sword.

9 For I will have respect unto you, and make you fruitful, and multiply you, and establish my covenant with you.

10 And ye shall eat old store, and bring forth the old because of the new.

11 And I will set my tabernacle among you: and my soul shall not abhor you.

12 And I will walk among you, and will be your God, and ye shall be my people.

13 I am the LORD your God, which brought you forth out of the land of Egypt, that ye should not be their bondmen; and I have broken the bands of your yoke, and made you go upright.

14 But if ye will not hearken unto me, and will not do all these commandments;

15 And if ye shall despise my statutes, or if your soul abhor my judgments, so that ye will not do all my commandments, but that ye break my covenant:

16 I also will do this unto you; I will even appoint over you terror, consumption, and the burning ague, that shall consume the eyes, and cause sorrow of heart: and ye shall sow your seed in vain, for your enemies shall eat it.

17 And I will set my face against you, and ye shall be slain before your enemies: they that hate you shall reign over you; and ye shall flee when none pursueth you.

18 And if ye will not yet for all this hearken unto me, then I will punish you seven times more for your sins.

19 And I will break the pride of your power; and I will make your heaven as iron, and your earth as brass:

20 And your strength shall be spent in vain: for your land shall not yield her increase, neither shall the trees of the land yield their fruits.

21 And if ye walk contrary unto me, and will not hearken unto me; I will bring seven times more plagues upon you according to your sins.

22 I will also send wild beasts among you, which shall rob you of your children, and destroy your cattle, and make you few in number; and your high ways shall be desolate.

23 And if ye will not be reformed by me by these things, but will walk contrary unto me;

24 Then will I also walk contrary unto you, and will punish you yet seven times for your sins.

25 And I will bring a sword upon you, that shall avenge the quarrel of my covenant: and when ye are gathered together within your cities, I will send the pestilence among you; and ye shall be delivered into the hand of the enemy.

26 And when I have broken the staff of your bread, ten women shall bake your bread in one oven, and they shall deliver you your bread again by weight: and ye shall eat, and not be satisfied.

27 And if ye will not for all this hearken unto me, but walk contrary unto me;

28 Then I will walk contrary unto you also in fury; and I, even I, will chastise you seven times for your sins.

29 And ye shall eat the flesh of your sons, and the flesh of your daughters shall ye eat.

30 And I will destroy your high places, and cut down your images, and cast your carcases upon the carcases of your idols, and my soul shall abhor you.

31 And I will make your cities waste, and bring your sanctuaries unto desolation, and I will not smell the savour of your sweet odours.

32 And I will bring the land into desolation: and your enemies which dwell therein shall be astonished at it.

33 And I will scatter you among the heathen, and will draw out a sword after you: and your land shall be desolate, and your cities waste.

34 Then shall the land enjoy her sabbaths, as long as it lieth desolate, and ye be in your enemies' land; even then shall the land rest, and enjoy her sabbaths.

35 As long as it lieth desolate it shall rest; because it did not rest in your sabbaths, when ye dwelt upon it.

36 And upon them that are left alive of you I will send a faintness into their hearts in the lands of their enemies; and the sound of a shaken leaf shall chase them; and they shall flee, as fleeing from a sword; and they shall fall when none pursueth.

37 And they shall fall one upon another, as it were before a sword, when none pursueth: and ye shall have no power to stand before your enemies.

38 And ye shall perish among the heathen, and the land of your enemies shall eat you up.

39 And they that are left of you shall pine away in their iniquity in your enemies' lands; and also in the iniquities of their fathers shall they pine away with them.

40 If they shall confess their iniquity, and the iniquity of their fathers, with their trespass which they trespassed against me, and that also they have walked contrary unto me;

41 And that I also have walked contrary unto them, and have brought them into the land of their enemies; if then their uncircumcised hearts be humbled, and they then accept of the punishment of their iniquity:

42 Then will I remember my covenant with Jacob, and also my covenant with Isaac, and also my covenant with Abraham will I remember; and I will remember the land.

43 The land also shall be left of them, and shall enjoy her sabbaths, while she lieth desolate without them: and they shall accept of the punishment of their iniquity: because, even because they despised my judgments, and because their soul abhorred my statutes.

44 And yet for all that, when they be in the land of their enemies, I will not cast them away, neither will I abhor them, to destroy them utterly, and to break my covenant with them: for I am the LORD their God.

45 But I will for their sakes remember the covenant of their ancestors, whom I brought forth out of the land of Egypt in the sight of the heathen, that I might be their God: I am the LORD.

46 These are the statutes and judgments and laws, which the LORD made between him and the children of Israel in mount Sinai by the hand of Moses.

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)]

HE WAS HELLA DISRESPECTFUL TO THESE POOR FEDERAL AGENTS

awwww poor babies
someone is speaking to them the way they speak to everyone

RESPECT IS EARNED!
And these badge wearing scumbags have NOT earned an ounce of it!

If they were not such scumbags, violating the rights of Americans and conspiring to unlawfully cage Americans MAYBE people would respect them!

As it stands.....
I have more respect for the average crackhead

https://old.bitchute.com/video/drPdwlp5iBY/

Top Political Scientist Warns The Left Is More Dangerous Than Ever
https://www.bitchute.com/video/9wMR95uKSPq1/?list=notifications&randomize=false
Respected political scientist Dr. Darren Beattie warns the left knows they’re losing big as Election Day unfolds and are more dangerous than ever

That is when I became awake....when I seen the smirk on that SOB face....and that so called "teacher" calling out the words it was. I knew immediately.....that is when I started digging down the Rabbit Hole....and still am...once you are awake....you never sleep...

https://x.com/DisrespectedThe/status/1852098678124581219