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

SHOCKING NEW UN MOVE TO CENSOR FREE SPEECH F*ck the #UN #Criminals and their LIES https://old.bitchute.com/video/xxpOfjB2yMWD/

Kirillov's work had been instrumental in revealing the true nature of Ukraine's biological weapons manufacturing capabilities. His briefings, which included allegations of chemical weapons usage by Ukrainian forces, had become a thorn in the side of the Ukrainian Nazi Regime and its Western Neocon Warmongering Allies. His recent accusations against Ukraine's plans for a false-flag chemical weapons attack, backed by NATO’s supply of chemical protective equipment, had raised red flags for other nations. https://www.newstarget.com/2024-12-18-assassination-russian-general-kirillov-reveals-coverup-biological-weapons-bio-labs-ukraine.html

Despite the mainstream media's lies about wind turbines not causing whale deaths, according to the world's leading whale researchers, the wind industry risks driving the North Atlantic right whale to extinction.

What is BitLife? BitLife is a captivating mobile game that lets you experience the intricacies of life in a fun and interactive way. Also known as a life simulation game, BitLife allows players to make choices that shape their avatar's life, including education, career paths, relationships, and even legal issues. Every decision you make leads to unique outcomes, ensuring that no two lives are alike! How to Play BitLife: A Step-by-Step Guide Creating Your Character First things first: you’ll need to create your character! Upon launching the app, you’ll be guided through the character creation process. You can select various attributes such as gender, nationality, and even region. Want to start your life in Italy or the U.S.? The choice is yours! The diverse backgrounds contribute to the authenticity and fun of the game. Navigating the Life Stages Once you've created your character, the game progresses through various life stages—from baby to toddler, childhood, adolescence, and adulthood. As you age, you’ll receive opportunities and challenges that reflect real-life scenarios (minus the stress!). For instance, you may be faced with school activities, friendships, or family dynamics. Engage in various activities such as studying hard in school, making friends, or getting involved in sports. Each choice will affect your character in the future! Making Choices with Consequences BitLife’s core mechanic revolves around making choices. Will you pursue higher education or drop out of school? Should you focus on becoming a doctor, or is a life of crime more appealing? Each decision has a ripple effect on your character’s happiness, health, and wealth. Feel adventurous? You can also choose to engage in risky behavior. Sneak out of the house, try substances, or start a fight at school! Just remember, every action has consequences—risk management is part of the fun! Building Relationships One of the most exciting aspects of BitLife is the opportunity to build relationships. You can make friends, date, and even start a family. The game allows you to choose your path—will you be a devoted spouse or have countless affairs? Don’t forget about your relationships with family members! Like in real life, maintaining a healthy bond with your parents and siblings can shape your character's happiness. Pursuing a Career As you transition into adulthood, it’s time to select a career! The options are endless—from becoming an artist to a lawyer. You can also take on side hustles to earn extra cash! Don’t shy away from exploring different career routes; with the right choices, you’ll climb the career ladder in no time. But beware! If you neglect your career, you may end up struggling financially. Life Challenges and Events Life isn’t just about choices—it's also filled with unpredictable events! You might experience exciting life milestones, such as getting a promotion or having a child, along with challenges like bankruptcy or breakups. The game keeps you on your toes with random events that add a layer of realism and excitement. Achieving Your Goals Every player has their own unique goals in BitLife. Do you want to die with a net worth of a million dollars? Or maybe you dream of being an influential public figure? The beauty of BitLife lies in its versatility—set your goals and navigate through the ups and downs to achieve them. Conclusion: Experience Life Differently with BitLife! BitLife isn't just a game; it's a chance to immerse yourself in the complexities of life without the risks. With endless choices, thrilling challenges, and unpredictable events, you can live out fantasies or simply enjoy the unusual roads your character may take. Ready to dive into a life filled with possibilities? Join the millions who have embraced this thrilling journey and see where your choices lead you! So, what are you waiting for? Download BitLife today and start crafting the story of your life, one decision at a time. The adventure awaits, and it promises to be anything but ordinary! https://bitlifefree.io/

https://thewashingtonstandard.com/nuclear-hazelnut-spins-nuclear-lies-about-health-safety-conservative-news-outlet-promulgates-same-lies-more/

What NJ Mystery Drones Demonstrate – GOVT LIES! https://tinyurl.com/4zvku829 SUMMARY: Let’s talk about the so-called Mystery Drones flying over New Jersey. … AND YET officially the lying government is saying the equivalent of, “Nothing to see here, all is well.” Frankly that is probably HOGWASH! … My guess: The concern is the construction of a dirty bomb. And gee whiz, you’ve heard or read all those reports of Illegal Aliens from Drug Cartels, Islamic Terrorists, CCP military-spy operators and so on… MORE TO READ & WATCH! #NJMysteryDrones #GovtLies

According to CNBC a large majority of Americans want to support Trump. They say give him the runway to see what he can do with the country. Do you think a lot of people suddenly woke up and realized they had been hoodwinked into believe democrat lies? Or why would so many say lets let the MAGA agenda go to work to fix america? According to real clear politics Trump is the most popular he’s ever been. This includes 2107 and his whole presidency. What do you think he represents that americans are getting so excited about? Florida continues to use a megaphone when it comes to making america great again and making america healthy again. Florida house rep. Anna Paulina Luna calls for a ban on seed oils, high-fructose corn syrup, and other “highly processed additives.” Will RFK and Rep Paulina Luna and others be able over come the billions spent by big agra to make our food healthy again or does it start with americans voting with their dollars or both? Dr. Sabie Hazan, one of the smartest women in america, she happens to be a gut doctor so gastrol specialist. She said most americans problem is in their gut. She also said one of her worries is she learned most people running the FDA today have no background in medicine. So the people supposedly keeping us safe don’t have real life medical experience. Give me through thoughts on that then let’s talk gut health. There is a Stanford Dr, Dr Gardner. Not relationship to me but he is warning americans that our ultra processed food is killing us. Its causing cancer. Its making us tired and more hungry. Thoughts on this warning. https://www.youtube.com/watch?v=HohEY8Ufgow

In 2023, UnitedHealth Group's revenue grew to $371.6 billion, an increase of 14.6% from 2022. Full-year 2023 earnings from operations were $32.4 billion, an increase of 13.8%. Net earnings in 2023 increased to $22.3 billion, compared to $22.1 billion in 2022. The Left engineered the creation of bureaucratic monopolies in the healthcare industry obsessed with regulating products and an addiction to deficit spending, throwing money away to keep the Obamacare boondoggle alive. The Left has no moral standing to protest high prices and poor service and denied claims for a vast majority of people - because they caused the problem. https://tippinsights.com/americans-pay-the-price-for-the-lefts-broken-healthcare-system/

Falsely Claiming to Be an Insurer Can be Criminal To Sue for Business Disparagement Evidence is Required Post 4951, Posted on December 17, 2024 by Barry Zalma Read the full article at https://www.linkedin.com/pulse/falsely-claiming-insurer-can-criminal-barry-zalma-esq-cfe-3bwrc, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. See the full video at and at Plaintiff Route App, Inc.’s (“Route”) moved the USDC to Dismiss two counterclaims asserted by OrderProtection.com, Inc. (“OrderProtection”). In Route App, Inc. v. Orderprotection.Com, Inc.; Julian Wilson, et al, No. 2:23cv606 DAK, United States District Court, D. Utah (December 9, 2024) found no evidence supporting a claim of business disparagement or business defamation. BACKGROUND This case involves a dispute between Route, a post-purchase shipping insurance provider, and a competitor, OrderProtection. In its Complaint, Route alleges that OrderProtection and several of Route’s former employees misappropriated trade secrets to create a competing business. In response to Route’s Complaint, OrderProtection filed an Answer and Counterclaims, asserting four causes of action: (1) Unfair Competition in Violation of the Lanham Act; (2) Defamation Per Se/Defamation/Business Disparagement; (3) Tortious Interference with Existing and Prospective Economic Relations; and (4) Negligent Misrepresentation. The facts pertaining to OrderProtection’s claim for “Defamation/Defamation Per Se/Business Disparagement” are essentially that Route employees have allegedly told OrderProtection customers and potential customers that they should work with Route instead of OrderProtection because Route is a “legal insurance provider” and OrderProtection is not. OrderProtection argued that Route is not a licensed insurance company and that, at best, Route affiliates with an insurance producer to procure its own insurance coverage (which does not benefit customers or merchants). More importantly both Route and OrderProtection in essence both self-fund the warranty protection they provide, and thus a customer is no better off with Route’s protection package than with OrderProtection’s competitive offering. DISCUSSION Specifically, while OrderProtection’s Opposition Memorandum does not explicitly state that it conceded its defamation and defamation per se claims, OrderProtection never addresses Route’s argument that it could not properly maintain these causes of action in the context of this case. Even if OrderProtection had not conceded these claims, it failed to establish that these claims are viable in the context of this case. Further, OrderProtection made no argument that Utah law recognizes a “hybrid” cause of action for “Defamation Per Se/Defamation/Business Disparagement,” wherein a business disparagement claim may be analyzed using defamation or defamation per se case law rather than case law pertaining to a business disparagement claim. Business Disparagement The parties agree that to state a claim for business disparagement (sometimes called injurious falsehood), OrderProtection must allege (1) falsity of the statement made; (2) malice by the party making the statement; and (3) special damages. According to Route, while OrderProtection has made allegations of lost customers, it has not named specific individuals, nor has it alleged with particularity any financial losses, which is required under Rule 9(b) of the Federal Rules of Civil Procedure. The court declined to recognize a “business disparagement per se” cause of action in which special damages need not be alleged, and it declined to recognize a business disparagement claim that relies on a statement that is “false by implication,” which is a concept that has been recognized in defamation cases. Route’s Motion to Dismiss was granted and OrderProtection’s claims for defamation and defamation per se were dismissed with prejudice. Its claim for business disparagement was dismissed without prejudice, and OrderProtection may file a Motion for Leave to Amend by January 10, 2025, if it is able to allege a proper business disparagement claim, as discussed above. ZALMA OPINION Two businesses claiming to be issuers of insurance who were not licensed insurers claimed to be victims of disparagement by the other. Customers, because of the various claims shifted from one party to the other who, contrary to their claims, were self funding what they alleged was insurance of shipments of goods. The court in a Solomon-like decision ignored the fact that both claimed to be insurers when they were not and used the false claims to take over clients. Both lost and the court gave OrderProtection the attempt to state a business disparagement claim implying that the court did not believe OrderProtection would be able to plead a viable cause of action. The State of Utah Department of Insurance should consider this case. (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