• https://rumble.com/v5ksqlp-we-are-so-back.html
    https://rumble.com/v5ksqlp-we-are-so-back.html
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  • The synagogue of satan's devil's hand sign communitarianism https://rumble.com/v5krzdh-the-synagogue-of-satans-devils-hand-sign-communitarianism.html?e9s=src_v1_upp #news
    The synagogue of satan's devil's hand sign communitarianism https://rumble.com/v5krzdh-the-synagogue-of-satans-devils-hand-sign-communitarianism.html?e9s=src_v1_upp #news
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  • Source: https://rumble.com/v5knmrm-wtpn-situp-102924-israel-to-expand-war-russia-tests-nukes-dc-drills-vt-inte.html

    Timestamp: 38:47
    Source: https://rumble.com/v5knmrm-wtpn-situp-102924-israel-to-expand-war-russia-tests-nukes-dc-drills-vt-inte.html Timestamp: 38:47
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  • Bird Flu Genocide & Food Destruction Locked In – Karen Kingston
    https://rumble.com/v5kn451-bird-flu-genocide-and-food-destruction-locked-in-karen-kingston.html

    Karen Kingston is a biotech analyst and former Pfizer employee who was one of the first to warn about the nightmare of the CV19 mRNA nanoparticle bioweapon vaccines. She is out with a new warning just as powerful. It’s a warning not to take the coming Bird Flu vaccine because it is untested, not safe and will be deadly for many. Kingston warns, “The FDA is basically on record stating we are going to provide vaccines without getting any safety data, efficacy data or immune data to see how the body is going to respond. We are not going to even look at animal studies before we release these on the American people, and we will tell them that they are safe and effective. This is literally the definition of biowarfare.”

    Kingston says the new Bird Flu vaccines (H5N1) are going to be far more dangerous and deadly than the CV19 bioweapon vaccines. Kingston says, “Bird Flu vaccines are available now, and they are fairly innocuous. I think they are doing that on purpose so that people think the flu vaccines are safe. . . . So, when the real pandemic hits, they will trust the science and say, well, I already got a flu vaccine, and nothing happened to me. What’s the big deal if I get another one?

    This is going to work against a disease that has a 50% chance of killing me. That’s the psyop going on right now.”

    Would Karen Kingston take the bioweapon Bird flu vax they are going to roll out in the coming H5N1 Bird Flu pandemic? Kingston says, “No. There is a good chance it’s going to kill a lot of people. It’s going to cause hospitalizations and death. It’s disturbing what these experts are saying. . . . This is locked and loaded, and it’s more about unleashing the vaccines than it is about the virus. . . . In their own words and printed material, they are saying the disease causing viruses are in the vaccines. . . .I think they know what they are doing, and they think we are all stupid. This says ‘Highly pathogenic.’ That means disease causing, deadly; avian, meaning bird; virus, means pathogen. It causes disease. It’s the virus vaccine, highly, disease causing Bird Flu H5 viruses in a vaccine. This is what the introduction says from Dr. Jerry Weir of the FDA. . . . We can assume these are dangerous. I hate to say unsafe because that is not accurate. We should call these danger profiles and not safety profiles. . . . This is insanity. This is biowarfare.”

    The people most at risk from the rollout of the H5N1 Bird Flu bioweapon vax for the already planned pandemic are the people vaccinated with the CV19 bioweapon that destroyed their immune systems. According to Kingston, you are going to see waves of deaths after the H5N1 Bird Flu vax is injected into the CV19 vaxed. On top of that, Kingston predicts everyone will see the food supply destroyed on purpose by the FDA and CDC. Kingston says, “They are going to annihilate the food supply. . . . I don’t know if many people know this, but recently over 10 million pounds of ready-to-eat meat and poultry was recalled for listeria without one case of people getting sick. . . . I write on my Substack about how the FDA is trying to take control of the food supply. Grocery stores can use their rewards program to report customers who purchased food contaminated with a bacteria or virus. . . . They can find out that you bought contaminated chicken, and they will tell you that you must quarantine because you could be carrying this virus for three weeks without knowing it.”

    In closing, Kingston says, “These Bird Flu (H5N1) vaccines have been stockpiled since 2022, and when this rolls out, we are going to see another wave of genocide. You can take this information to the bank.”
    Bird Flu Genocide & Food Destruction Locked In – Karen Kingston https://rumble.com/v5kn451-bird-flu-genocide-and-food-destruction-locked-in-karen-kingston.html Karen Kingston is a biotech analyst and former Pfizer employee who was one of the first to warn about the nightmare of the CV19 mRNA nanoparticle bioweapon vaccines. She is out with a new warning just as powerful. It’s a warning not to take the coming Bird Flu vaccine because it is untested, not safe and will be deadly for many. Kingston warns, “The FDA is basically on record stating we are going to provide vaccines without getting any safety data, efficacy data or immune data to see how the body is going to respond. We are not going to even look at animal studies before we release these on the American people, and we will tell them that they are safe and effective. This is literally the definition of biowarfare.” Kingston says the new Bird Flu vaccines (H5N1) are going to be far more dangerous and deadly than the CV19 bioweapon vaccines. Kingston says, “Bird Flu vaccines are available now, and they are fairly innocuous. I think they are doing that on purpose so that people think the flu vaccines are safe. . . . So, when the real pandemic hits, they will trust the science and say, well, I already got a flu vaccine, and nothing happened to me. What’s the big deal if I get another one? This is going to work against a disease that has a 50% chance of killing me. That’s the psyop going on right now.” Would Karen Kingston take the bioweapon Bird flu vax they are going to roll out in the coming H5N1 Bird Flu pandemic? Kingston says, “No. There is a good chance it’s going to kill a lot of people. It’s going to cause hospitalizations and death. It’s disturbing what these experts are saying. . . . This is locked and loaded, and it’s more about unleashing the vaccines than it is about the virus. . . . In their own words and printed material, they are saying the disease causing viruses are in the vaccines. . . .I think they know what they are doing, and they think we are all stupid. This says ‘Highly pathogenic.’ That means disease causing, deadly; avian, meaning bird; virus, means pathogen. It causes disease. It’s the virus vaccine, highly, disease causing Bird Flu H5 viruses in a vaccine. This is what the introduction says from Dr. Jerry Weir of the FDA. . . . We can assume these are dangerous. I hate to say unsafe because that is not accurate. We should call these danger profiles and not safety profiles. . . . This is insanity. This is biowarfare.” The people most at risk from the rollout of the H5N1 Bird Flu bioweapon vax for the already planned pandemic are the people vaccinated with the CV19 bioweapon that destroyed their immune systems. According to Kingston, you are going to see waves of deaths after the H5N1 Bird Flu vax is injected into the CV19 vaxed. On top of that, Kingston predicts everyone will see the food supply destroyed on purpose by the FDA and CDC. Kingston says, “They are going to annihilate the food supply. . . . I don’t know if many people know this, but recently over 10 million pounds of ready-to-eat meat and poultry was recalled for listeria without one case of people getting sick. . . . I write on my Substack about how the FDA is trying to take control of the food supply. Grocery stores can use their rewards program to report customers who purchased food contaminated with a bacteria or virus. . . . They can find out that you bought contaminated chicken, and they will tell you that you must quarantine because you could be carrying this virus for three weeks without knowing it.” In closing, Kingston says, “These Bird Flu (H5N1) vaccines have been stockpiled since 2022, and when this rolls out, we are going to see another wave of genocide. You can take this information to the bank.”
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  • Man Bites Dog Story: Fraudsters Arbitration Attempts Stopped

    Arbitration Stayed for Suspected Chiropractors’ Fraudulent No Fault Medical Claims

    Post 4921

    Read the full article at https://www.linkedin.com/pulse/man-bites-dog-story-fraudsters-arbitration-attempts-zalma-esq-cfe-5yw6c, see the full video at and at and at https://zalma.com/blog.

    In Government Employees Insurance Company, (“GEICO”) v. Didier Demesmin, M.D., et al, No. 23-CV-6191 (ARR) (MMH), United States District Court, E.D. New York (October 23, 2024) GEICO sought to enjoin defendants Manuel A. Mendoza, D.C. and Mendoza Chiropractic Office PC (collectively the “Mendoza Defendants”) from pursuing certain “no-fault” insurance collection arbitrations or initiating new collections proceedings during the pendency of this lawsuit.

    BACKGROUND

    GEICO provides personal injury protection benefits on a “no-fault” basis, which means that, after an accident, insured drivers and their passengers are entitled to certain benefits for medically necessary healthcare services regardless of who was at fault.

    GEICO sued a group of healthcare providers who allegedly carried out an insurance scheme to obtain fraudulent no-fault benefit payments from GEICO. The USDC granted the motion based on its conclusion that (1) GEICO would experience irreparable harm absent a stay, (2) GEICO raised a serious question going to the merits, and (3) the balance of hardships tipped in GEICO’s favor.

    Subsequently, GEICO requested leave to file a second amended complaint to add allegations concerning the Mendoza defendants which was granted.

    In total, GEICO seeks recovery of more than $5.9 million in wrongfully obtained benefits payments from the three groups of defendants, as well as a declaration that it is not obligated to reimburse defendants for outstanding no-fault claims.

    After filing the second amended complaint, GEICO filed the present motion seeking an order staying all pending no-fault benefits arbitrations between GEICO and the Mendoza defendants and enjoining the Mendoza defendants from commencing new collections proceedings during the pendency of this action.

    DISCUSSION

    GEICO Will Experience Irreparable Harm Absent A Stay.

    Irreparable harm is certain and imminent harm for which a monetary award does not adequately compensate. the risk of inconsistent judgments in no-fault insurance disputes can constitute irreparable harm separate and apart from the expenditure of time and money spent on parallel proceedings. As with the parallel proceedings brought by the Demesmin and Khanan defendants, the risk of inconsistent outcomes is great enough to establish irreparable harm.

    GEICO established irreparable harm because permitting arbitrations to proceed will subject it to a risk of judgments that may be inconsistent with future judicial rulings.

    GEICO Has Shown At Least Some Serious Questions Going To The Merits, And The Balance Of Hardships Tips In Its Favor.

    GEICO’s amended complaint details a complex scheme of fraudulent billing and referrals among a network of chiropractic providers. GEICO’s allegations concerning the Mendoza defendants’ role are well developed through numerous examples of charges billed without proper documentation or under suspicious circumstances and a table of more than 45,000 suspect claims.

    The balance of hardships also tips in GEICO’s favor because the Mendoza defendants have not established any hardship, beyond a delay in reimbursement. Because the defendants will presumably be entitled to collect interest on their pending claims if they prevail, the delay does not outweigh the risk of inconsistent outcomes faced by GEICO.

    A Stay Does Not Violate The Anti-Injunction Act.

    The Anti-Injunction Act (“AIA”) prohibits federal courts from enjoining proceedings in state court “except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. The AIA does not, however, limit the court’s authority to enjoin ongoing private arbitration proceedings or the court’s authority to enjoin defendants from initiating future state court proceedings.

    GEICO’s motion was granted and a preliminary injunction was issued: staying all pending no-fault insurance collection arbitrations that have been Commenced against GEICO by or on behalf of the Mendoza defendants, pending the disposition of GEICO’s claims in this action, and enjoining the Mendoza defendants and anyone acting on their behalf from commencing new no-fault arbitrations and litigations against GEICO pending the disposition of GEICO’s claims in this action.

    ZALMA OPINION

    The USDC, and other courts dealing with No-Fault auto insurance claims, has acted to help insurers defeat attempted insurance fraud – a crime in each state like New Jersey – which became necessary because state prosecutors seemed to ignore the crimes reported to them by insurers like GEICO. It is essential that insurers be proactive against fraud to shame the insurance fraud investigators in each state to do their job and prosecute the fraud perpetrators. Every insurer, faced with such fraud, should emulate GEICO.

    (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
    Man Bites Dog Story: Fraudsters Arbitration Attempts Stopped Arbitration Stayed for Suspected Chiropractors’ Fraudulent No Fault Medical Claims Post 4921 Read the full article at https://www.linkedin.com/pulse/man-bites-dog-story-fraudsters-arbitration-attempts-zalma-esq-cfe-5yw6c, see the full video at and at and at https://zalma.com/blog. In Government Employees Insurance Company, (“GEICO”) v. Didier Demesmin, M.D., et al, No. 23-CV-6191 (ARR) (MMH), United States District Court, E.D. New York (October 23, 2024) GEICO sought to enjoin defendants Manuel A. Mendoza, D.C. and Mendoza Chiropractic Office PC (collectively the “Mendoza Defendants”) from pursuing certain “no-fault” insurance collection arbitrations or initiating new collections proceedings during the pendency of this lawsuit. BACKGROUND GEICO provides personal injury protection benefits on a “no-fault” basis, which means that, after an accident, insured drivers and their passengers are entitled to certain benefits for medically necessary healthcare services regardless of who was at fault. GEICO sued a group of healthcare providers who allegedly carried out an insurance scheme to obtain fraudulent no-fault benefit payments from GEICO. The USDC granted the motion based on its conclusion that (1) GEICO would experience irreparable harm absent a stay, (2) GEICO raised a serious question going to the merits, and (3) the balance of hardships tipped in GEICO’s favor. Subsequently, GEICO requested leave to file a second amended complaint to add allegations concerning the Mendoza defendants which was granted. In total, GEICO seeks recovery of more than $5.9 million in wrongfully obtained benefits payments from the three groups of defendants, as well as a declaration that it is not obligated to reimburse defendants for outstanding no-fault claims. After filing the second amended complaint, GEICO filed the present motion seeking an order staying all pending no-fault benefits arbitrations between GEICO and the Mendoza defendants and enjoining the Mendoza defendants from commencing new collections proceedings during the pendency of this action. DISCUSSION GEICO Will Experience Irreparable Harm Absent A Stay. Irreparable harm is certain and imminent harm for which a monetary award does not adequately compensate. the risk of inconsistent judgments in no-fault insurance disputes can constitute irreparable harm separate and apart from the expenditure of time and money spent on parallel proceedings. As with the parallel proceedings brought by the Demesmin and Khanan defendants, the risk of inconsistent outcomes is great enough to establish irreparable harm. GEICO established irreparable harm because permitting arbitrations to proceed will subject it to a risk of judgments that may be inconsistent with future judicial rulings. GEICO Has Shown At Least Some Serious Questions Going To The Merits, And The Balance Of Hardships Tips In Its Favor. GEICO’s amended complaint details a complex scheme of fraudulent billing and referrals among a network of chiropractic providers. GEICO’s allegations concerning the Mendoza defendants’ role are well developed through numerous examples of charges billed without proper documentation or under suspicious circumstances and a table of more than 45,000 suspect claims. The balance of hardships also tips in GEICO’s favor because the Mendoza defendants have not established any hardship, beyond a delay in reimbursement. Because the defendants will presumably be entitled to collect interest on their pending claims if they prevail, the delay does not outweigh the risk of inconsistent outcomes faced by GEICO. A Stay Does Not Violate The Anti-Injunction Act. The Anti-Injunction Act (“AIA”) prohibits federal courts from enjoining proceedings in state court “except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.” 28 U.S.C. § 2283. The AIA does not, however, limit the court’s authority to enjoin ongoing private arbitration proceedings or the court’s authority to enjoin defendants from initiating future state court proceedings. GEICO’s motion was granted and a preliminary injunction was issued: staying all pending no-fault insurance collection arbitrations that have been Commenced against GEICO by or on behalf of the Mendoza defendants, pending the disposition of GEICO’s claims in this action, and enjoining the Mendoza defendants and anyone acting on their behalf from commencing new no-fault arbitrations and litigations against GEICO pending the disposition of GEICO’s claims in this action. ZALMA OPINION The USDC, and other courts dealing with No-Fault auto insurance claims, has acted to help insurers defeat attempted insurance fraud – a crime in each state like New Jersey – which became necessary because state prosecutors seemed to ignore the crimes reported to them by insurers like GEICO. It is essential that insurers be proactive against fraud to shame the insurance fraud investigators in each state to do their job and prosecute the fraud perpetrators. Every insurer, faced with such fraud, should emulate GEICO. (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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  • Here is the Rumble version of my new video where I expose Sir Sic for deceptively editing my video to make me look lazier in my research than I was. If you like what you see, feel free to subscribe, like, comment, and share!

    #sirsic #deceptive #liar #atheist #exposed

    https://rumble.com/v5kp696-sir-sic-deceptively-edits-my-video-proves-his-massive-hypocrisy.html
    Here is the Rumble version of my new video where I expose Sir Sic for deceptively editing my video to make me look lazier in my research than I was. If you like what you see, feel free to subscribe, like, comment, and share! #sirsic #deceptive #liar #atheist #exposed https://rumble.com/v5kp696-sir-sic-deceptively-edits-my-video-proves-his-massive-hypocrisy.html
    0 Комментарии 0 Поделились 48 Просмотры
  • Jimmy is a force "Looks like we got ourselves a reader !! " https://rumble.com/v5kigeq-jimmy-dore-trumps-msg-rally-wapo-refusing-to-endorse-kamala-and-why-trump-w.html?e9s=src_v1_ucp
    Jimmy is a force "Looks like we got ourselves a reader !! " https://rumble.com/v5kigeq-jimmy-dore-trumps-msg-rally-wapo-refusing-to-endorse-kamala-and-why-trump-w.html?e9s=src_v1_ucp
    0 Комментарии 0 Поделились 72 Просмотры
  • https://rumble.com/v5khn8h-breaking-deep-state-planning-martial-law-if-trump-wins-election-redacted-wi.html?e9s=rel_v2_pr
    https://rumble.com/v5khn8h-breaking-deep-state-planning-martial-law-if-trump-wins-election-redacted-wi.html?e9s=rel_v2_pr
    2 Комментарии 0 Поделились 67 Просмотры

  • Who’s on First & in What Percentage

    Application of Diverse “Other Insurance” Clauses
    Insurers Protected Insured and Litigated Their Differences

    Post 4920

    Two insurance companies- Gemini and Zurich- asked the Eleventh Circuit Court of Appeal to determine what share of a $2 million settlement each is required to pay. The district court entered judgment for Gemini, ordering that Zurich pay $500,000 plus prejudgment interest. Both parties appealed, with Gemini seeking another $500,000 and Zurich challenging the award of prejudgment interest.

    In Gemini Insurance Company v. Zurich American Insurance Company, No. 22-13495, United States Court of Appeals, Eleventh Circuit (October 23, 2024) the competing “other insurance clauses” were resolved.
    FACTS

    After the death of Josue Vallejo, who was struck by a tractor-trailer operated by an employee of FSR Trucking, Inc two of three insurers disputed what proportion of the settlement each should pay. Zurich insured FSR, through its coverage of Commercial, for $1 million. Gemini also insured FSR for $3 million.

    The Vallejo claim settled for $3 million, of which Gemini contributed $2 million. Ryder’s insurance company, which is not a party to this appeal, contributed the other $1 million. Gemini and Zurich agree that they each owe a share of the $2 million, but dispute how much each one must pay. Under Gemini’s theory, they each owe $1 million. Under Zurich’s theory, they each owe their pro rata share, which is $500,000 for Zurich and $1.5 million for Gemini.

    The different theories of coverage turn on the application of the two policies’ “other insurance” clauses, which generally function to apportion coverage when there is overlapping insurance. Gemini argues that its policy is excess to Zurich’s, while Zurich argues that the policies attach at the same level and thus trigger pro rata contribution.

    Gemini sued Zurich for a declaratory judgment in its favor and an award of $1 million plus interest under claims of contractual subrogation or equitable subrogation/contribution. Zurich tendered $500,000 to Gemini to satisfy its pro rata share. Gemini, however, continued to litigate for the other $500,000 plus interest on the entire amount.

    Gemini appealed the District Court’s ruling in favor of Zurich and sought to obtain the other $500,000.

    ANALYSIS

    In Florida, where more than one insurer’s policy provides coverage for a loss, as the parties agree is the case here, it is appropriate to review the insurance contracts to see if the documents address the ‘ranking’ or contribution of other insurers.
    The Other Insurance Clauses

    Gemini’s “other insurance” clause provides: “This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this policy.”

    Zurich’s “other insurance” clause is slightly different. “When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis.

    Interpretation of the “Other Insurance” Clauses

    Where two insurance policies contain excess insurance clauses the clauses are deemed mutually repugnant and both insurers become primary and share the loss on a pro rata basis in accordance with their policy limits. Zurich argued, and the district court agreed, that both policies contain excess clauses such as pro rata contribution results.

    The Eleventh Circuit Court of Appeals sided with Gemini because when two policies containing conflicting “other insurance” or excess [uninsured/underinsured motorist] clauses.

    In sum an “other insurance” clause containing the phrase “we will pay the proportion of damages payable as excess” means that the clause was pro rata, even though it also characterized itself as an excess clause. Moreover, the Eleventh Circuit concluded both policies were primary.

    The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment with regard to the amount of contribution and remanded the case for entry of judgment in favor of Gemini for the principal amount of $1,000,000, with the understanding that Zurich has already paid half of that sum. Upon entry of the amended final judgment on remand, Gemini will be the prevailing party. When a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of that loss.

    The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment and remanded for the court to enter judgment in favor of Gemini in the principal amount of $1,000,000 understanding that Zurich has already paid $500,000. It also affirmed the award of prejudgment interest on the first $500,000 and direct the court to award Gemini prejudgment interest on the second $500,000 from February 7, 2019, until the date of the amended final judgment.

    ZALMA OPINION

    The three insurers of the defendant did the right thing by protecting the insured and then resolving their dispute over the share owed in court. Although insurance companies, generally, should not sue each other. “Other Insurance” clauses invariably raise disputes between insurers and often cause hardship to the insured. In this case Gemini, Zurich and an unnamed insurer put up the $3 million to settle and then Gemini and Zurich sued to clarify who owed what. The Eleventh Circuit found that the District Court was wrong because interpreting the competing “other insurance” clauses should have resulted in a finding that both Gemini and Zurich were primary insurers and each owed $1 million of the settlement and Zurich owed Gemini $500,000 plus interest.

    (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
    Who’s on First & in What Percentage Application of Diverse “Other Insurance” Clauses Insurers Protected Insured and Litigated Their Differences Post 4920 Two insurance companies- Gemini and Zurich- asked the Eleventh Circuit Court of Appeal to determine what share of a $2 million settlement each is required to pay. The district court entered judgment for Gemini, ordering that Zurich pay $500,000 plus prejudgment interest. Both parties appealed, with Gemini seeking another $500,000 and Zurich challenging the award of prejudgment interest. In Gemini Insurance Company v. Zurich American Insurance Company, No. 22-13495, United States Court of Appeals, Eleventh Circuit (October 23, 2024) the competing “other insurance clauses” were resolved. FACTS After the death of Josue Vallejo, who was struck by a tractor-trailer operated by an employee of FSR Trucking, Inc two of three insurers disputed what proportion of the settlement each should pay. Zurich insured FSR, through its coverage of Commercial, for $1 million. Gemini also insured FSR for $3 million. The Vallejo claim settled for $3 million, of which Gemini contributed $2 million. Ryder’s insurance company, which is not a party to this appeal, contributed the other $1 million. Gemini and Zurich agree that they each owe a share of the $2 million, but dispute how much each one must pay. Under Gemini’s theory, they each owe $1 million. Under Zurich’s theory, they each owe their pro rata share, which is $500,000 for Zurich and $1.5 million for Gemini. The different theories of coverage turn on the application of the two policies’ “other insurance” clauses, which generally function to apportion coverage when there is overlapping insurance. Gemini argues that its policy is excess to Zurich’s, while Zurich argues that the policies attach at the same level and thus trigger pro rata contribution. Gemini sued Zurich for a declaratory judgment in its favor and an award of $1 million plus interest under claims of contractual subrogation or equitable subrogation/contribution. Zurich tendered $500,000 to Gemini to satisfy its pro rata share. Gemini, however, continued to litigate for the other $500,000 plus interest on the entire amount. Gemini appealed the District Court’s ruling in favor of Zurich and sought to obtain the other $500,000. ANALYSIS In Florida, where more than one insurer’s policy provides coverage for a loss, as the parties agree is the case here, it is appropriate to review the insurance contracts to see if the documents address the ‘ranking’ or contribution of other insurers. The Other Insurance Clauses Gemini’s “other insurance” clause provides: “This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this policy.” Zurich’s “other insurance” clause is slightly different. “When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Interpretation of the “Other Insurance” Clauses Where two insurance policies contain excess insurance clauses the clauses are deemed mutually repugnant and both insurers become primary and share the loss on a pro rata basis in accordance with their policy limits. Zurich argued, and the district court agreed, that both policies contain excess clauses such as pro rata contribution results. The Eleventh Circuit Court of Appeals sided with Gemini because when two policies containing conflicting “other insurance” or excess [uninsured/underinsured motorist] clauses. In sum an “other insurance” clause containing the phrase “we will pay the proportion of damages payable as excess” means that the clause was pro rata, even though it also characterized itself as an excess clause. Moreover, the Eleventh Circuit concluded both policies were primary. The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment with regard to the amount of contribution and remanded the case for entry of judgment in favor of Gemini for the principal amount of $1,000,000, with the understanding that Zurich has already paid half of that sum. Upon entry of the amended final judgment on remand, Gemini will be the prevailing party. When a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of that loss. The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment and remanded for the court to enter judgment in favor of Gemini in the principal amount of $1,000,000 understanding that Zurich has already paid $500,000. It also affirmed the award of prejudgment interest on the first $500,000 and direct the court to award Gemini prejudgment interest on the second $500,000 from February 7, 2019, until the date of the amended final judgment. ZALMA OPINION The three insurers of the defendant did the right thing by protecting the insured and then resolving their dispute over the share owed in court. Although insurance companies, generally, should not sue each other. “Other Insurance” clauses invariably raise disputes between insurers and often cause hardship to the insured. In this case Gemini, Zurich and an unnamed insurer put up the $3 million to settle and then Gemini and Zurich sued to clarify who owed what. The Eleventh Circuit found that the District Court was wrong because interpreting the competing “other insurance” clauses should have resulted in a finding that both Gemini and Zurich were primary insurers and each owed $1 million of the settlement and Zurich owed Gemini $500,000 plus interest. (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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    Mike Benz: They may refuse to certify using the 14th amendment ... JAMIE RASKIN WANTS TO NOT CERTIFY PRESIDENT TRUMP WHEN HE WINS AND WANTS CIVIL WAR IF HE IS... https://rumble.com/v5khaud-mike-benz-they-may-refuse-to-certify-using-the-14th-amendment.html
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