USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (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

Chairman Loudermilk Releases Second January 6, 2021 Report WASHINGTON - Today, Committee on House Administration's Subcommittee on Oversight Chairman Barry Loudermilk (GA-11) released an interim report on his findings on the events surrounding January 6, 2021, as well as his investigation into the politicization of the January 6th Select Committee. This report outlines criminal recommendations against former Representative Liz Cheney. TOP FINDINGS: 1. Former Representative Liz Cheney colluded with “star witness” Cassidy Hutchinson without Hutchinson’s attorney’s knowledge. 2. Former Representative Liz Cheney should be investigated for potential criminal witness tampering based on the new information about her communication. MORE>>>>> https://cha.house.gov/2024/12/chairman-loudermilk-releases-second-january-6-2021-report/1699d69d-80c8-4098-bc1a-4935524c4b76

American attorney Sydney Powell to the senators https://old.bitchute.com/video/96FmAfYRQOqj/

The U.S. government has been caught orchestrating regime change in Guatemala. “This is Ukraine 2.0,” says investigative journalist Ryan Matta. “The Guatemalan government had an election, and they believed that their election was rigged.” When Guatemala’s Attorney General took on the daunting task of investigating [ Election fraud alongside child trafficking ] involving NGOs, U.S. Secretary of State Tony Blinken stepped in—but not to support her efforts. Instead, Blinken flew to Guatemala and demanded that the Attorney General herself be investigated for “corruption.” https://vigilantnews.com/post/us-government-caught-orchestrating-another-regime-change/

Derek Chauvin hires new attorney, plans to ask for convictions to be overturned https://alphanews.org/derek-chauvin-hires-new-attorney-plans-to-ask-for-convictions-to-be-overturned/ Derek Chauvin’s new attorney indicated in court documents filed late last month that the former Minneapolis police officer plans to ask for his convictions to be overturned or, in the alternative, request a new trial. Chauvin was found guilty in April 2021 of second-degree manslaughter, second-degree murder, and third-degree murder in the May 2020 death of George Floyd. The U.S. Supreme Court declined to hear his case in November 2023, ending his direct appeal. However, in a petition for post-conviction relief, Chauvin’s new attorney, Gregory Joseph, writes that “grounds for relief in this Motion establish actual innocence, ineffective assistance of counsel, discovery violations … and related violations of due process and a fair trial under the United States Constitution.”

https://deeprootsathome.com/list-of-attorneys-worldwide-now-available-for-lawsuits/

Litigation floodgates are now open for the mRNA (Covid-)vaccine-injured. Here is a current comprehensive list of all 90 attorneys around the world available for lawsuits against vaccine manufacturers. https://deeprootsathome.com/list-of-attorneys-worldwide-now-available-for-lawsuits/

Soros backed District Attorney wouldn't pursue the death penalty. This piece of work will one day walk free. https://www.oann.com/newsroom/laken-rileys-killer-sentenced-to-life-in-prison-without-parole-following-guilty-verdict/ God Bless America, God Save The Republic.

US Trustee Committed Bankruptcy Fraud in Infowars Auction ‘Cut and Dried,’ Constitutional Attorney Argues https://www.infowars.com/posts/us-trustee-committed-bankruptcy-fraud-in-infowars-auction-cut-and-dried-constitutional-attorney-argues

Shit Hits Fan When Trump Takes Office – Larry Klayman - Greg Hunter https://rumble.com/v5vpftk-shit-hits-fan-when-trump-takes-office-larry-klayman.html Renowned Attorney Larry Klayman, founder of Judicial Watch and later Freedom Watch, is back with an update on the crime and violence cooking with the commie Dems, RINO’s and Deep State. First, the crime coverup is the pardon of Hunter Biden that spans 10 years of alleged crime. First Lady Jill Biden is elated about the pardon for son Hunter. Klayman says, “The fact that Jill Biden is so happy about this is because she is one of the actors and conspirators in the bribery, which took place with regard to communist China, Ukraine and Russia. She benefitted by it. Who was the money launderer? Her son, Hunter Biden. She could have been indicted along with Hunter as well as brother James of the Biden crime family for the bribery and money laundering. . . . I think his brother James will get a pardon because he’s dead to rights with what has been uncovered. I think more pardons are coming. Joe Biden does not care at this point. The guy has no legitimate reputation.” Klayman predicted just about three weeks ago, “The communists, the atheists, the radicals and the Left . . . are going to get violent, and we better be prepared for that.” What happened recently is there have been multiple death threats against Donald Trump’s cabinet picks. Klayman says, “The same is true with Kash Patel. The fact they want to take his head off means he is perceived to be a threat. It’s the same thing in regard to Pete Hegseth. It’s the same thing in regard to Tulsi Gabbard. They don’t like these people because they cannot be controlled. They don’t like Musk and, God forbid, I hope it does not happen, but I think the Left is going to try to kill Musk along with Trump again. I have had death threats myself recently, and this is where we are. You got to do what you got to do. The Founding Fathers did not worry about it. They did it under the Grace of God. Divine Providence is what they talk about in the Declaration of Independence.” This is just the opening act from the Left. Klayman says “They are the disciples of Karl Marx, which are disciples of the devil. . . . As I predicted in our last podcast, the violence is just beginning once Trump takes office and starts implementing what he says he is going to do with regard to the border, the criminal justice system, with regard to the Middle East and many other things. . . .Trump just threatened Iran if the hostages are not released. You are going to get all these radical terrorist sympathizers that will come out of the woodwork on that. Already, Iran has sent hit squads to try to kill Trump. This has not come to fruition yet . . .but once he becomes President, all hell is going to break loose. You can bet that is going to happen. . . . Trump is up against a number of individuals in the House and in the Senate that will do whatever they can to block Trump. So, whenever he actually takes executive action and pushes things through, excuse the French, the shit is going to hit the fan. You are going to see them in the streets, as we saw in the last few weeks, with the reported attempts to kill the Trump nominees. It’s there.”