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

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https://t.me/davidavocadowolfe/141817 The body count is much worse than they are telling Americans. Woman picking up pediatric supplies at the airport witnessed a private plane land with just 4 FEMA representatives. They said they were "too tied up at the border to send any more representatives." They have tasked a private hospital, and the military to handle body recovery, and the numbers being officially reported are a complete lie. Private individuals / entities are the ones who must pick up the slack. When you dedicate a hospital to be a cold freezer storage, you have many more bodies coming. The Biden / Harris administration is absolutely negligent.

Please help fund Xephula's operating costs. We are now 100% funded for September. Thanks to everyone who helped out! 🥰 Please donate here: https://donate.stripe.com/bIY6p107i8AcdTqaEF Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Inside the World's Largest Doomsday Bunker Community An Epic Humanitarian Project the size Of A city: 575 private bunkers with space for thousands in one of North America's safest locations: The decommissioned US Army Black Hills Ordnance Depot at Igloo, South Dakota; south of Edgemont, SD. Mankind has a continuing obsession with end of the world prophecies and judgement day. Any visible or invisible threat to life kicks our survival instincts into gear and we want to take action. The market capitalizes on this fear and pushes innovation and products that both feed and satisfy survivalism. I visited the Terra Vivos survival shelters in South Dakota last month. This former US Army Base was constructed in 1942 and was called the Black Hills Ordnance Depot. It served as an explosives and munitions storage and maintenance facility. The bunkers measure 27 feet in width and 60 to 80 feet in length. The foundation is made of 2 to 3 feet of reinforced concrete. The walls are 12 inches thick and have a trench running down the sides. The interior space is 13 feet tall at their highest point. This entire survival shelter project is headed by Robert Vicino who has a background in manufacturing and real estate. His son, Dante Vicino gave us a tour of the Terra Vivos site and took us to some unfinished and completed bunkers. The bunkers are completely off the grid. To make them livable, you have to consider 4 main utilities. Water, Sewage, Energy, Internet Access. They are structurally sound, so you don’t have to add any additional support or reinforcement. Soil in the area is stable unlike the clayey soil in Texas, so most of the 82 year old foundations are in great shape and don't have any cracks. The curved interior walls are made of board-formed concrete. You can still see the beautiful wood grain etched into the concrete. Working remotely is no longer an issue. Thermal mass of the 12 inch thick concrete walls store heat or thermal energy during the day and slowly release it at night when it’s cooler. It can be turned into a self-sufficient town with a supermarket, hardware store, bars and restaurants. I see a lot of similarities to Marfa which is a small desert city in West Texas. Marfa was also a military town in the 1940s but it was converted into a cultural hub by Donald Judd, a minimalist artist from New York City. It’s an over-ambitious plan. Out of the 800 bunkers on site, the Vivos company wants to convert 575 of them. So far, only 50 have been purchased. The lease plan prevents you from ever owning your bunker. The wildlife like cows and deer that roam the site often climb on top of the bunkers causing erosion of the soil and grass, and exposing the concrete. Since it’s not “underground” it’s not as safe as other survival shelters that are buried 3 to 10 feet underground. The company is catering to a small group of people. They warn of nuclear war, bioterrorism, anarchy, electro-magnetic pulses, solar flares, super volcanoes, etc. If they marketed their bunkers as a way to protect family, life and belongings, it might be more popular with a larger group of people. Remote location. In the event of a disaster, you’d need a private plane to take you to Provo, South Dakota. It only works as a survival shelter if you are permanently living there. The nearest hardware store is in Hot Springs, about 45 minutes to an hour away. Vicino’s contractors designed layouts, but I wasn’t impressed with the quality of their work. Contamination of the subsurface soil and water supply is a concern to some residents in the area. Long term effects of living in a concrete box with no sunlight are also problematic. It’s an exciting project with a lot of potential if a significant number of individuals move to the area. I don’t know what category these bunkers fit into. It’s not a luxury survival shelter, it’s not in a super-secure, secret location, it’s not conveniently located near a major city unless you consider Rapid City a major city; and it’s not underground. At best, it is an earth sheltered home or bungalow. I’m wary of it turning into a thriving community, unless their marketing strategy changes. https://rumble.com/v5gidwh-inside-the-worlds-largest-doomsday-bunker-community.html

Kamala Harris Once Said Police Could Forcibly Enter Homes for Gun Storage Safety Checks https://www.infowars.com/posts/kamala-harris-once-said-police-could-forcibly-enter-homes-for-gun-storage-safety-checks

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Please help fund Xephula's operating costs. We are now 23% funded for September. Thanks to everyone who helped out! 🥰 Please donate here: https://donate.stripe.com/bIY6p107i8AcdTqaEF Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month Read less

https://t.me/davidavocadowolfe/138900 Right on schedule. Diversity Hire KJP: "We need universal background checks." "We need to ban assault weapons & high-capacity magazines." "Require safe storage of firearms." "Invest in violence prevention programs." "Pass a national red flag law."

Please help fund Xephula's operating costs. We are now 100% funded for July. Thanks to everyone who helped out! 🥰 Please donate here: https://donate.stripe.com/bIY6p107i8AcdTqaEF Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month Read less