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

What is Monkey Mart? In Monkey Mart, you step into the shoes (or should we say paws?) of an adorable monkey entrepreneur. Your mission? To manage your very own market as you navigate a vibrant world filled with lively characters, quirky products, and endless opportunities for growth. Whether you’re a casual gamer or a seasoned strategist, Monkey Mart offers a unique blend of challenges that will keep you engaged from the moment you start. How to Play Monkey Mart 1. Get Started: Setting Up Your Market To kick things off, players will find themselves in a charming, colorful marketplace brimming with potential. Your first task is to set up shop! Choose a location and begin arranging your stalls, displaying an array of enticing products that will attract shoppers. From bananas to berries, each item plays a vital role in your marketplace's success. 2. Hire Your Monkey Crew What’s a market without a dedicated team? As you progress, you'll have the opportunity to recruit a variety of quirky monkey helpers. Each of these adorable companions has unique skills, whether it's speed, organization, or charm, that contribute to your market’s efficiency. Strategically assign tasks—such as gathering supplies or managing customers—to optimize your business operations. 3. Manage Your Inventory Keeping track of your stock is crucial in Monkey Mart. As customers flock to your stalls, you'll need to ensure you have enough products to meet their demands. Are the bananas selling like hotcakes? Better restock! Juggling inventory management and customer service is all part of the thrill, as you learn to predict trends and adjust your offerings accordingly. 4. Serve Customers with a Smile Watch your customers' happiness meter as they browse your market! The key to success is to provide a delightful shopping experience. Make sure to greet them, ensure quick service, and keep the shelves stocked. Happy customers return for more, helping to grow your reputation and your profits! 5. Expand Your Market As you accumulate wealth and resources, the possibilities for expansion are limitless! Upgrade your stalls, increase your product range, or even unlock new areas for business. Explore multiple levels of gameplay, complete challenges, and watch as your small monkey market transforms into a thriving empire! Why You’ll Love Monkey Mart Engaging Gameplay: The combination of strategy and creativity keeps the game fresh and exciting. Adorable Graphics: Charming visuals and lovable sound effects create an immersive and joyful atmosphere. Endless Opportunities: Expand your market, diversify your inventory, and make choices that affect the outcome of your game. Fun Challenges: Regular in-game events and quests keep things lively and encourage you to think strategically. Conclusion: Join the Monkey Mart Adventure Today! In a world where games can often become repetitive, Monkey Mart stands out with its delightful blend of chaos and charm. Whether you’re looking to unwind after a long day or challenge yourself to become the best monkey merchant out there, this game delivers on all fronts. So, what are you waiting for? Unleash your inner entrepreneur, gather your monkey crew, and watch as your market grows from a simple stand to a bustling business! Dive into the world of Monkey Mart and experience the fun today! Visit Monkey Mart to start your adventure! Join the community of fellow players, share your experiences, and forge friendships as you explore, compete, and thrive in this whimsical marketplace. The bananas are ripe for the picking—get started now! https://monkeymart.lol

Mayorkas: ‘We Are Limited in Our Authorities’ to Take Down Drones https://www.infowars.com/posts/mayorkas-we-are-limited-in-our-authorities-to-take-down-drones

Intent to Move is not a Residence Residence Premises Requires the Insured to Live in Residence Post 4944 Read the full article at https://www.linkedin.com/pulse/intent-move-residence-barry-zalma-esq-cfe-qmlxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Paul Villalobos v. Clear Blue Insurance Company, No. 24-20125, United States Court of Appeals, Fifth Circuit (December 10, 2024) the the Fifth Circuit affirmed the district court’s dismissa of Plaintiff-Appellant Paul Villalobos’s breach of contract claim following a coverage dispute between himself and his insurer, Clear Blue Insurance Company, because he admitted he did not live in the insured premises. FACTS Villalobos is named on a Clear Blue homeowners’ policy, which provides coverage for property located at 7503 Muirwood Lane in Houston, Texas (the “Property”). The policy’s “Property Coverages” section states in pertinent part: “We cover . . . [t]he dwelling on the ‘residence premises’ shown in the Declarations.” The policy defines “residence premises,” also in pertinent part, as “[t]he one-family dwelling where you reside . . . on the inception date of the policy period shown in the Declarations.” The Declarations page lists Villalobos as the insured, his mailing address as the Property, and the inception date as September 21, 2021. In mid-November 2021, Villalobos reported to Clear Blue that wind and hail had damaged the Property’s roof earlier that month. Clear Blue denied coverage after Villalobos admitted he lived in Colorado and had never resided at the Property. Villalobos sued Clear Blue, alleging breach of contract, breach of the duty of good faith and fair dealing, violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code, fraud, and ongoing conspiracy to commit illegal acts. ANALYSIS During his deposition, Villalobos testified that he lived in Colorado for over nine years and did not reside at the Property when the Clear Blue policy went into effect. Clear Blue moved for summary judgment on Villalobos’s claims, arguing there was no insurance coverage for Villalobos’s property damage as a matter of law. Applying Louisiana law, the Fifth Circuit has previously determined that an identical residence requirement in a homeowners’ insurance policy required “more than purchasing a home or intending to move into it.” GeoVera Specialty Ins. Co. v. Joachin, 964 F.3d 390, 393 (5th Cir. 2020). Applying Joachin the Fifth Circuit agreed with the district court that the Property did not satisfy the policy’s residence requirement and was not a covered “residence premises” because: it is undisputed that Villalobos did not reside on the Property on the inception date of the Clear Blue policy; and Villalobos’s only material argument on appeal is that he intended to move onto the Property. Joachin held that “intending to move” is not enough. The Fifth Circuit concluded that there is no coverage under the policy. Accordingly, Villalobos’s breach of contract claim failed and the USDC’s judgment was affirmed. ZALMA OPINION That something as obvious as a home in Texas cannot be the residence premises of a person who lives full time in Colorado. Insurers issue property insurance policies providing coverage similar to a homeowners policy to the owner of a rental property while a homeowners policy limits coverage to the person who actually resides at the property. That this case went to the Fifth Circuit was the waste of Plaintiff’s time and money, the waste of the time of the trial court, and the waste of the time of the Fifth Circuit who rendered a concise and clear opinion. A less kind judge or appellate court would have imposed sanctions on the party plaintiff and his counsel. (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

he Spirit of Christ has return to bless the Highest of Teachings within religion's sophistry, blocking all from Immortality. Be you a believer of the faith-based religions, be informed, Christ has spoken through the Ascended Master Vorthieu - the fourth Wise man! Spiritual phenomena experienced now, direct from Christ, released a truth hidden from all mankind, we are all lifted in Higher Consciousness. Amen. Amazing self-evidential Truth, from that which we know the heart and mind of God. The full 52 minutes Spiritual Truth will be on public on December, 25, 2024 as a gift from Spiritualism Australia Limited Family. Please donate 🙏🏾for we are dedicated to give you the Ultimate Truth Based upon physical evidence, faith is fine, however, fact is superior. https://paypal.me/HIGHERSPIRITUALISMAU?country.x=AU&locale.x=en_AU May this Christmas and all your days be as Christmas in celebration, love and Education. 🌸 Sri Sunkara https://shamballaandmasters.blogspot.com/... #christmas2024 #education #newage #truth #freedom #jesus #Christmas #christconsciousness #ascendedmasters #thefourthwiseman #spirituality #higherspiritualism

The most important thing that we can do to save our Republic Is Term Limits.

MMOEXP：Essential Tips for Navigating Path of Exile 2 Path of Exile 2 (POE2) is an expansive action RPG filled with myriad mechanics, secrets, and interactions to discover. With over 1,500 nodes on the passive skill tree and countless combinations of skill gems and support gems, the game can feel overwhelming. After spending around 70 hours in POE2 and progressing through the Cruel difficulty as a Witch, I've compiled some crucial tips that can help both new and seasoned players enhance their gaming experience. Here are some important pieces of knowledge that could easily be missed. Tip 1: Unlocking the Full Potential of Support Gems One of the most essential aspects of POE2 is the skill gem and support gem system. Initially, it may seem limited to just three support gems per skill gem, but unticking the "Show Recommended Gems" button reveals a vast array of options that enhance your skills significantly. For instance, when you untick this option while equipping the Witch’s Flame Wall, you’ll discover support gems that provide spell echo, allowing the skill to cast twice without extra mana costs—a game-changer for any build. Always keep this button unticked to explore all the potent gems available for your skills. Tip 2: Real-Time DPS Evaluation Make the most of the skill gem menu to track your damage per second (DPS) in real-time. This allows you to see how equipment changes and different support gems affect your damage outputs immediately. By comparing stats after equipping a new piece of gear or swapping out support gems, you can optimize your build effectively. This feature is invaluable for late-game min-maxing, ensuring each choice impacts your build positively. Tip 3: Customize Your Interface Options Navigate to the options menu and customize your gameplay interface. Enabling the "Show Mini Life Bar" option helps you stay focused on the action without constantly glancing at the corners of the screen to monitor health and mana. Keeping your attention in the center of the screen can help you avoid unnecessary damage and enhance your overall playability. Tip 4: Keybinding for Efficiency Take some time to go through input options and set keybindings that suit your gameplay style. For example, setting a key for the create portal command makes teleporting much more efficient. Additionally, remember that placing a portal in an active zone allows you to log off and return later, resuming your adventure exactly where you left off—perfect for busy schedules or short play sessions. Tip 5: Vendor Stock Refresh Every time you level up, don’t forget to check vendors, as their stock refreshes with potentially better gear. Though it may seem tedious, it can lead to significant upgrades that surpass loot from bosses, so make it a habit to check vendors, especially in your home base. Tip 6: Understanding the Salvage System Get acquainted with the salvage system—this allows you to dismantle items with quality or sockets to create valuable resources. Salvaging ten items yields a shard that can enhance future gear. While it may seem slow, the massive amounts of loot collected throughout your journey make this a worthwhile process. Save salvage resources for late-game gear changes since you’ll frequently swap equipment in the early game. Tip 7: Unique Boss Awareness Be mindful of unique bosses in the game, as they do not respawn after being defeated. Clearing areas thoroughly ensures you benefit from permanent buffs that can enhance later gameplay. Keep track of your map and revisit areas to ensure you don’t miss out on any notable encounters. Tip 8: Highlighting Loot Never miss loot again by holding the Alt key to highlight all items in your vicinity, including hidden chests and items. For a permanent display of all loot, press Z to toggle this feature on. This can dramatically change your loot collection experience and prevent overlooked treasures. Tip 9: Stun Mechanics Understanding the power of stuns can significantly elevate your combat efficiency. Physical damage abilities and melee skills are most effective for stunning enemies, especially bosses. Learning to manage your stuns strategically can make challenging encounters much easier as you interrupt enemy abilities and dictate the flow of battle. Tip 10: Preparing for Act Transitions When finishing Act One, be sure to collect all loot and complete quests before moving on. You can always return to earlier acts for any unfinished business, as the game allows easy teleportation between different acts. This ensures you get the most out of your adventure and all the loot opportunities presented. In conclusion, Path of Exile 2 is a game rich with mechanics and details waiting to be unveiled. By incorporating these tips into your playstyle, you can improve your overall gameplay experience and better navigate the intricate world of Wraeclast. Stay tuned for more tips and build guides from Dom's Roundtable, and may your journey be filled with successful builds and epic loot! Best Cheapest POE Currency For Sale - MMOexp Store.

Lose if You Fail to Respond to Motion for Summary Disposition INSURERS FIND FRAUDSTERS ARE OFTEN INCOMPETENT Post 4943 Read the full article at https://www.linkedin.com/pulse/lose-you-fail-respond-motion-summary-disposition-zalma-esq-cfe-rhstc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. In Chris Kallco v. Melissa Lynn Pugh, Chris Kallco, and Precise MRI Of Michigan, LLC v. Citizens Insurance Company Of The Midwest and Melissa Lynn Pugh, No. 368156, Court of Appeals of Michigan (October 30, 2024) the Court of Appeals resolved the dispute. In a consolidated first-party and third-party no-fault action, plaintiff appealed from two orders granting summary disposition in favor of defendants, including the fraud of the plaintiff. FACTUAL BACKGROUND After a motor vehicle accident involving plaintiff and Pugh. Plaintiff alleged that he sustained injuries from the accident. A year after the accident, plaintiff brought a negligence claim against Pugh, alleging that, because of Pugh’s negligence, plaintiff sustained “severe permanent and progressive personal injuries and serious impairment of a body function, including but not necessarily limited to: Head, Neck, Back, Shoulders ….” Plaintiff also brought a claim against Citizens for PIP benefits, including medical expenses, work loss, and replacement services. Pugh moved for summary disposition arguing that plaintiff could not meet his burden of showing that he sustained a threshold injury under the no-fault act and, therefore, he could not maintain his negligence claim against her. Shortly after Pugh filed her motion, Citizens filed its own motion arguing that plaintiff made material misrepresentations to Citizens regarding the extent of his injuries, which rendered him ineligible for benefits under the statute. The trial court concluded that plaintiff failed to establish that he sustained a serious impairment of body function and therefore summary disposition in favor of Pugh was appropriate. With regard to Citizens’ motion, the trial court found “that absolutely no genuine issue of material fact exists as to whether Plaintiff knowingly made numerous materially false statements in his claims for PIP benefits relative to his alleged injuries and physical restrictions” arising out of the car accident. THRESHOLD INJURY Plaintiff argued that the trial court erred by finding that there was no genuine issue of material fact regarding whether plaintiff met the serious-impairment threshold. However, plaintiff’s failure to respond to the motion for summary disposition made it impossible for him to support his argument. The Plaintiff tried to use the defendants evidence as support against the motions. The attempt failed. The objectively manifested requirement means that plaintiffs must introduce evidence that generally requires medical testimony. Pugh presented objective medical records indicating that there was no physical basis for plaintiff’s subjective complaints of pain. Plaintiff’s deposition testimony only set forth mere subjective complaints of pain. Because plaintiff cannot show a factual dispute as to whether he suffered an objectively manifested impairment, he failed to satisfy the threshold serious-impairment requirement. FRAUDULENT INSURANCE ACT A person who presents or causes to be presented an oral or written statement, including computer-generated information, as part of or in support of a claim for payment or another benefit knowing that the statement contains false information concerning a fact or thing material to the claim commits a fraudulent insurance act that is subject to the penalties imposed by statute. An individual commits a “fraudulent insurance act” when: 1 the person presents or causes to be presented an oral or written statement, 2 the statement is part of or in support of a claim for no-fault benefits, and 3 the claim for benefits was submitted to the to the insurer or the state, further, 4 the person must have known that the statement contained false information, and 5 the statement concerned a fact or thing material to the claim. As to both motions for summary disposition, plaintiff failed to show that any genuine issue of material facts exists. Accordingly, the trial court did not err by granting summary disposition in favor of defendants. ZALMA OPINION As I get older the competence of those who attempt to defraud insurers gets less and less competent. Kallco is an example of the lack of competence. He claimed all kinds of injuries and inability to work or play with his children and, when faced with a competent defense, he ignored the motions, failed to respond, and when he lost he appealed claiming the motions against him gave enough evidence to raise a issue of fact. What a waste of the court’s time and I must ask why, with such convincing evidence, no criminal charges were brought. (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 Sorry about the delay in posting. I’m recovering from pneumonia and spending most of the last week in bed with pills, Kleenex, coughing and sleep which I couldn’t get in the hospital. Should be act in shape next week but doctors make no promises.

The Constitution specifically identifies what constitutes treason against the United States and, importantly, limits the offense of treason to only two types of conduct: (1) “levying war” against the United States; or (2) “adhering to [the] enemies [of the United States], giving them aid and comfort.” Although there have not been many treason prosecutions in American history—indeed, only one person has been indicted for treason since 1954—the Supreme Court has had occasion to further define what each type of treason entails.

https://thewashingtonstandard.com/manchin-welch-propose-amendment-to-limit-terms-of-supreme-court-justices/