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

Missouri judge overturns murder conviction of man imprisoned for over 30 years Sengheiser, in his ruling, wrote that the “Circuit Attorney has made a clear and convincing showing of ‘actual innocence’ that undermines the basis for Dunn’s convictions because in light of new evidence, no juror, acting reasonably, would have voted to find Dunn guilty of these crimes beyond a reasonable doubt.” Dunn’s attorney, Midwest Innocence Project Executive Director Tricia Rojo Bushnell, said she was “overjoyed” by the judge’s ruling. Despite both of the supposed "witnesses" recanting their LIES.... The #Criminals of the Maritime Admiralty Law Court STILL want to destroy a man's life! I'd like to choke them out with my bare hands! The Missouri Attorney General’s Office opposed the effort to vacate Dunn’s conviction. Lawyers for the state said at the May hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they later recanted as adults. “That verdict was accurate, and that verdict should stand,” Assistant Attorney General Tristin Estep said at the hearing. Spokesperson Madeline Sieren said the Attorney General’s Office will appeal. https://www.kosu.org/u-s-news/2024-07-23/missouri-judge-overturns-murder-conviction-of-man-imprisoned-for-over-30-years

JIMMY DORE W/ SHOCKING & EYE-OPENING Interview w/ Dr. David Martin. TY JGANON, SGANON Like ALWAYS Jimmy Dore is about 2 years behind the curve on this info! But at least he puts it up eventually! Having said that... people STILL don't seem to realize they ARE at war already! The People of the world have been ATTACKED by demonic scumbags using medical "procedures and treatments" which are nothing more than KILL SHOTS The People of the world ARE under attack currently too! Not only by their local #Pharmacy who is trying to inject them with poison... 6 #Corporations control ALL NEWS and produce & distribute ALL FOOD in the United States.... and that food contains POISONS designed to slow kill, make obese, and even sterilize the people who eat it! So you are under attack via the grocery store too! Once your food has sickened you, your doctor will be happy to prescribe you some more POISONS created by the EXACT SAME 6 CORPORATIONS! These people should ALREADY be explaining their #Crimes to their Creator! And it is PATHETIC that the People of the world have not "Arranged the meeting" EVERY "Politician, Judge, Police Officer, and Prosecutor are COMPLICIT IN #Genocide and it's about time they are held accountable! NOT in their rigged, illegitimate, #Fraud based "Maritime Admiralty Law" #Courts either! But in COMMON LAW COURTS consisting of the PEOPLE! NO "GOVERNMENT" WHATSOEVER (Except being PROSECUTED) 100% non-government PEOPLE of the United States prosecuting the cases, presiding over the cases, and carrying out the sentences after the verdicts are read! These people believe they can #Murder BILLIONS and just get away with it! It is about time that we show them otherwise! Their faces should be on "WANTED: DEAD OR ALIVE" Posters! Rewards should be issued for the delivery of their carcass (alive or dead) Because let's face it.... NOBODY in the history of mankind has been this #Evil We don't even NEED a trial! Everyone on earth already KNOWS what they did! And they also KNOW that it was pre-meditated murder, orchestrated by these people EVERY #Media scumbag that pushed for you to take the toxic injection too! EVERY Politician, Cop, Pharmacist, Doctor, and employee of the #DOD and #Darpa They should ALL be on trial right now! Sentences carried out immediately upon completion of the trial And personally.... I think that EACH OF THEM should be injected with the very same poison they wanted to inject YOU with! https://www.bitchute.com/video/CQgHwwKlKYB2

No one is above the law. God Bless America, God Save The Republic. AWW... POOR BABY! — BREAKING UPDATE: Hunter Biden's Attorneys Are Now... https://conservativeroof.com/hunter-bidens-attorneys-request-new-trial-following-guilty-verdict-in-gun-case/

Judge scolds jury for getting the verdict "wrong" If you want to know how #Corrupt and Illegitimate our "Maritime Admiralty Law" Courts are, just take a look at this! The Judge in this case actually has the audacity to tell a #Jury that "They got the verdict WRONG!" It's my understanding that a Judge is to be an "impartial juror" and has a specific job That job is to ensure that PROCEDURES ARE ADHERED TO The judge also gives the jury a quick run-down on the STATUTE (NOT law) and what it specifically means, so that the jury can decide the case But the judge is NOT there to scold jurors and tell them "You got it wrong" The judge has NO SAY WHATSOEVER in what a jury decides! The entirety of America's #Judiciary is Corrupt and are practicing Maritime Admiralty Law (the law of the SEA) ON THE LAND! COMMON LAW & the Constitution are the "Law of the Land" and is applicable to ALL MEN & WOMEN! But the men and women have been DECEIVED, and under the "Implied Consent Doctrine" because they have not objected to being placed in the #Jurisdiction of the WATER... they are deemed to have "consented" to being a maritime admiralty law PRODUCT, or PROPERTY of the Corporation! Folks.... You MUST object to all of this BS! YOU are a MAN or WOMAN and you belong in the jurisdiction of COMMON LAW! But because you have NOT objected to being placed under maritime admiralty law, and you have not told these corrupt courts that you are a MAN or WOMAN who is not bound by maritime admiralty law... You ARE in their jurisdiction! It's the biggest #Fraud in human history! And YOU need to learn the law! YOU need to learn that FAILURE TO OBJECT TO THE STATE'S CLAIMS equates to you "consenting" to everything they say! There is simply NO WAY that we can ever straighten out this corrupt, fraudulent system. But at the very least, we CAN remove ourselves from THEIR JURISDICTION! ALL of these people should be tried under TITLE 18 U.S.C. § 241 and 242 for their crimes against the people of this country! https://youtu.be/CqOPxlxcgyk?list=PLrY9qB4pSQwA6YuCpk7Je9QULN6FZxPUi

RIGHT SIDE PATRIOTS...Podcast ... If you missed last nights live broadcast where Craig Andresen and Diane Sori discussed 'The Verdict v. The Constitution'; 'Dystopian Delusions of the Liberal Mind'; the Hunter Biden guilty on all charges verdict; and the rise in anti-Israel and antisemitic protests after Israel rescued four hostages held in Gaza...listen to it and past shows at https://rspradio1.com ... go to Podcasts.

https://www.breitbart.com/politics/2024/06/11/morris-hunter-biden-gun-trial-verdict-will-be-used-as-distraction-from-biden-corruption/

Trump Campaign Responds To Hunter Guilty Verdict: ‘Distraction from Real Crimes of Biden Family Criminal Empire’ https://www.infowars.com/posts/trump-campaign-responds-to-hunter-guilty-verdict-distraction-from-real-crimes-of-biden-family-criminal-empire/

RIGHT SIDE PATRIOTS... LIVE! ... Today, Tues. June 11th from 7-8:30pm EST, Craig & Diane discuss 'The Verdict v. The Constitution'; 'Dystopian Delusions of the Liberal Mind'; the latest on Hunter Biden's gun trial; and the federal judge presiding over Trump's classified documents case denied a motion to dismiss some of the charges. On https://rspradio1.com Click 'LISTEN LIVE.'

Op-ed: The Verdict v. The Constitution By: Diane Sori / The Patriot Factor / Right Side Patriots / Right Side Patriots Radio https://thepatriotfactor.blogspot.com/2024/06/op-ed-verdict-v.html ...A fair trial with an impartial jury of Trump's peers the Constitution trampling Democrats would never allow, and when that's coupled with how fast the guilty verdict was actually reached, proves to me that Donald J. Trump's constitutional rights were indeed being denied. And when you add in the one-sided “gag order” ...