"MURDER-NIGGER" MEETS JESUS!!!...
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Bad Faith Set Up Fails

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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.

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The Man You Don’t Know - Donald J. Trump
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Leviticus
Chapter 14

1 And the LORD spake unto Moses, saying,

2 This shall be the law of the leper in the day of his cleansing: He shall be brought unto the priest:

3 And the priest shall go forth out of the camp; and the priest shall look, and, behold, if the plague of leprosy be healed in the leper;

4 Then shall the priest command to take for him that is to be cleansed two birds alive and clean, and cedar wood, and scarlet, and hyssop:

5 And the priest shall command that one of the birds be killed in an earthen vessel over running water:

6 As for the living bird, he shall take it, and the cedar wood, and the scarlet, and the hyssop, and shall dip them and the living bird in the blood of the bird that was killed over the running water:

7 And he shall sprinkle upon him that is to be cleansed from the leprosy seven times, and shall pronounce him clean, and shall let the living bird loose into the open field.

8 And he that is to be cleansed shall wash his clothes, and shave off all his hair, and wash himself in water, that he may be clean: and after that he shall come into the camp, and shall tarry abroad out of his tent seven days.

9 But it shall be on the seventh day, that he shall shave all his hair off his head and his beard and his eyebrows, even all his hair he shall shave off: and he shall wash his clothes, also he shall wash his flesh in water, and he shall be clean.

10 And on the eighth day he shall take two he lambs without blemish, and one ewe lamb of the first year without blemish, and three tenth deals of fine flour for a meat offering, mingled with oil, and one log of oil.

11 And the priest that maketh him clean shall present the man that is to be made clean, and those things, before the LORD, at the door of the tabernacle of the congregation:

12 And the priest shall take one he lamb, and offer him for a trespass offering, and the log of oil, and wave them for a wave offering before the LORD:

13 And he shall slay the lamb in the place where he shall kill the sin offering and the burnt offering, in the holy place: for as the sin offering is the priest's, so is the trespass offering: it is most holy:

14 And the priest shall take some of the blood of the trespass offering, and the priest shall put it upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot:

15 And the priest shall take some of the log of oil, and pour it into the palm of his own left hand:

16 And the priest shall dip his right finger in the oil that is in his left hand, and shall sprinkle of the oil with his finger seven times before the LORD:

17 And of the rest of the oil that is in his hand shall the priest put upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot, upon the blood of the trespass offering:

18 And the remnant of the oil that is in the priest's hand he shall pour upon the head of him that is to be cleansed: and the priest shall make an atonement for him before the LORD.

19 And the priest shall offer the sin offering, and make an atonement for him that is to be cleansed from his uncleanness; and afterward he shall kill the burnt offering:

20 And the priest shall offer the burnt offering and the meat offering upon the altar: and the priest shall make an atonement for him, and he shall be clean.

21 And if he be poor, and cannot get so much; then he shall take one lamb for a trespass offering to be waved, to make an atonement for him, and one tenth deal of fine flour mingled with oil for a meat offering, and a log of oil;

22 And two turtledoves, or two young pigeons, such as he is able to get; and the one shall be a sin offering, and the other a burnt offering.

23 And he shall bring them on the eighth day for his cleansing unto the priest, unto the door of the tabernacle of the congregation, before the LORD.

24 And the priest shall take the lamb of the trespass offering, and the log of oil, and the priest shall wave them for a wave offering before the LORD:

25 And he shall kill the lamb of the trespass offering, and the priest shall take some of the blood of the trespass offering, and put it upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot:

26 And the priest shall pour of the oil into the palm of his own left hand:

27 And the priest shall sprinkle with his right finger some of the oil that is in his left hand seven times before the LORD:

28 And the priest shall put of the oil that is in his hand upon the tip of the right ear of him that is to be cleansed, and upon the thumb of his right hand, and upon the great toe of his right foot, upon the place of the blood of the trespass offering:

29 And the rest of the oil that is in the priest's hand he shall put upon the head of him that is to be cleansed, to make an atonement for him before the LORD.

30 And he shall offer the one of the turtledoves, or of the young pigeons, such as he can get;

31 Even such as he is able to get, the one for a sin offering, and the other for a burnt offering, with the meat offering: and the priest shall make an atonement for him that is to be cleansed before the LORD.

32 This is the law of him in whom is the plague of leprosy, whose hand is not able to get that which pertaineth to his cleansing.

33 And the LORD spake unto Moses and unto Aaron, saying,

34 When ye be come into the land of Canaan, which I give to you for a possession, and I put the plague of leprosy in a house of the land of your possession;

35 And he that owneth the house shall come and tell the priest, saying, It seemeth to me there is as it were a plague in the house:

36 Then the priest shall command that they empty the house, before the priest go into it to see the plague, that all that is in the house be not made unclean: and afterward the priest shall go in to see the house:

37 And he shall look on the plague, and, behold, if the plague be in the walls of the house with hollow strakes, greenish or reddish, which in sight are lower than the wall;

38 Then the priest shall go out of the house to the door of the house, and shut up the house seven days:

39 And the priest shall come again the seventh day, and shall look: and, behold, if the plague be spread in the walls of the house;

40 Then the priest shall command that they take away the stones in which the plague is, and they shall cast them into an unclean place without the city:

41 And he shall cause the house to be scraped within round about, and they shall pour out the dust that they scrape off without the city into an unclean place:

42 And they shall take other stones, and put them in the place of those stones; and he shall take other morter, and shall plaister the house.

43 And if the plague come again, and break out in the house, after that he hath taken away the stones, and after he hath scraped the house, and after it is plaistered;

44 Then the priest shall come and look, and, behold, if the plague be spread in the house, it is a fretting leprosy in the house: it is unclean.

45 And he shall break down the house, the stones of it, and the timber thereof, and all the morter of the house; and he shall carry them forth out of the city into an unclean place.

46 Moreover he that goeth into the house all the while that it is shut up shall be unclean until the even.

47 And he that lieth in the house shall wash his clothes; and he that eateth in the house shall wash his clothes.

48 And if the priest shall come in, and look upon it, and, behold, the plague hath not spread in the house, after the house was plaistered: then the priest shall pronounce the house clean, because the plague is healed.

49 And he shall take to cleanse the house two birds, and cedar wood, and scarlet, and hyssop:

50 And he shall kill the one of the birds in an earthen vessel over running water:

51 And he shall take the cedar wood, and the hyssop, and the scarlet, and the living bird, and dip them in the blood of the slain bird, and in the running water, and sprinkle the house seven times:

52 And he shall cleanse the house with the blood of the bird, and with the running water, and with the living bird, and with the cedar wood, and with the hyssop, and with the scarlet:

53 But he shall let go the living bird out of the city into the open fields, and make an atonement for the house: and it shall be clean.

54 This is the law for all manner of plague of leprosy, and scall,

55 And for the leprosy of a garment, and of a house,

56 And for a rising, and for a scab, and for a bright spot:

57 To teach when it is unclean, and when it is clean: this is the law of leprosy.

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Thermal evasion might be an issue if you are going against a wealthy and powerful force.

This was used by Garand Thumb on a video:
Thermal camo.
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Defeating Drones--how to build a thermal evasion suit: https://www.youtube.com/watch?v=rW0upku1HIQ

Hear the same music played from this Awesome Trump Ad at
Patriot Double Down in Las Vegas a Must Watch!

Hear Jim Caviezel from #SoundOfFreedom @ 6:33

See Trump ad @ 14:09
the Vegas streets were interesting during that time and the people I met there in 2021 leading up to certain events.

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More evidence of the work Commander and Chief has done for humanity.
Check replies in my article also for even more evidence.

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Jerome Powell Gave The Thumbs Up To Markets!! Record Stock Inflows!! Uptober Begins! Sui, Ada News!!
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The Flying Sawn-Off Shotgun That Terrified Hitler
The Battle of Britain raged on in September 1940. The sky erupts in chaos. Spitfires and Messerschmitts twist and turn in a struggle to achieve victory. Amidst these tense dogfights, one aircraft moves with uncanny precision.

Eric "Sawn-Off Lockie" Lock spots an opening others miss. His Spitfire flips and dives, defying physics. A Me109 fills his gunsight. Lock's Browning machine guns roar to life. The enemy spirals earthward, trailing smoke and flame.

There is no time to celebrate. Twenty-seven minutes of intense combat follow. Lock becomes a menacing specter in the sky. Two He111 bombers fall victim to his accurate aim, their crews oblivious to the danger.

Another Me109 crosses his path and lands a burst on Lockie’s aircraft, injuring his leg: a fatal mistake. The British aviator, seeking revenge, outmaneuvers the enemy and shoots it down.

Four trophies in under an hour.

Before Lock heads home, his radio crackles: (QUOTE) "Luftwaffe bomber formation incoming! All available pilots scramble!"

Lock's ammunition is low, and his fuel is nearly spent. But the call of duty fills his heart. His thumb hovers over the radio button. He will not miss an opportunity to become an ace in a matter of hours.