• Tombstone
    Free to watch. Age restricted; you must watch it on YouTube to confirm your age.
    https://www.youtube.com/watch?v=4JFJH_bbF1Y&t=97s
    A sizzling, star-studded cast brings to life the legendary battle to deliver justice to TOMBSTONE! Kurt Russell turns in a gripping performance as U.S. Marshall Wyatt Earp and Val Kilmer ignites the screen as the outrageous Doc Holliday. Together, they team up to bring law to the lawless in a notorious showdown with the ruthless outlaws at the O.K. Corral! Get ready for an explosive, action-packed adventure the Wild West would never forget!
    Tombstone Free to watch. Age restricted; you must watch it on YouTube to confirm your age. https://www.youtube.com/watch?v=4JFJH_bbF1Y&t=97s A sizzling, star-studded cast brings to life the legendary battle to deliver justice to TOMBSTONE! Kurt Russell turns in a gripping performance as U.S. Marshall Wyatt Earp and Val Kilmer ignites the screen as the outrageous Doc Holliday. Together, they team up to bring law to the lawless in a notorious showdown with the ruthless outlaws at the O.K. Corral! Get ready for an explosive, action-packed adventure the Wild West would never forget!
    0 Comentários 0 Compartilhamentos 368 Visualizações
  • MMOexp:College Football 25 A Mixed Review
    With the release of College Football 25, excitement was high among fans, some even going so far as to invest in new consoles just to get their hands on the game. As a long-time football video game enthusiast, I have experienced both highs and lows with this latest installment. While College Football 25 excels in on-field action and presentation, several off-field issues diminish the overall experience. Here’s a detailed look at what works, what doesn’t, and what might be improved.
    On-Field Excellence
    College Football 25 stands out with its impressive graphics and gameplay. EA Orlando has clearly put significant effort into making the on-field action as realistic and engaging as possible. The visuals are striking—players’ sweat, exceptional lighting, and detailed animations all contribute to a more immersive experience. Unique team intros, mascot celebrations, and cheerleader performances add to the game's personality, capturing the essence of college football's pageantry and tradition.
    Gameplay has also seen notable improvements. The game runs faster and smoother than its predecessors, with quicker plays and more nimble player movements. The revamped passing system offers a learning curve but rewards precision with a better mix of throw arc and accuracy. For those preferring the familiar Madden controls, they are still available. Throw power now impacts ball speed and force, while pump fakes have been enhanced for more realistic play.
    The addition of new features, such as 12 hot route options for receivers and improved custom stem options, further enriches gameplay. A small but significant quality of life change allows the game to automatically run down the clock when taking a knee in a mathematically over game.
    Underwhelming Modes and UI Issues
    Despite the strong on-field performance, College Football 25 falters significantly with its modes and user interface. The game offers several modes, including Play Now, Road to the College Football Playoffs, Road to Glory, Dynasty, and College Ultimate Team. However, many of these modes feel underdeveloped and lack depth.
    The UI, in particular, is a major disappointment. Key information about player wear and tear and stamina is poorly displayed, often making it hard to discern what’s happening on the field. The automated hat count from Madden is missing, and stamina indicators are represented by small, unclear icons. The UI issues extend to the in-game commentary and bugs, such as persistent hot spots in drills and inaccurate commentary, which detract from the overall experience.
    Road to Glory, while offering some fun with mini-games and player progression, becomes repetitive quickly. The lack of meaningful in-game cutscenes and limited play call options can make playing as a quarterback feel restrictive and frustrating.
    Dynasty mode, a highlight for many, also falls short. It offers a decent foundation for managing a team and recruiting players but becomes tedious due to its repetitive nature. The absence of direct player management or training makes the mode feel more like a series of menu tasks rather than an engaging coaching experience.
    Ultimate Team and Tutorials
    College Football 25’s focus on Ultimate Team, with its emphasis on microtransactions and slot machine mechanics, is a major point of contention. The replacement of the skills trainer with Ultimate Team challenges, which are more about monetization than education, is a step backward. The lack of useful tutorials and fundamental mechanics guidance means new players will likely have to seek outside resources to understand the game’s deeper systems.
    Conclusion
    College Football 25 offers a solid foundation with its engaging on-field action and impressive visuals. However, the game’s shortcomings in UI design, mode depth, and tutorial support prevent it from reaching its full potential. If you’re a fan of college football looking for a visually stunning and dynamically engaging game, you’ll find a lot to enjoy. However, if you’re expecting a well-rounded experience with robust modes and user-friendly design, you might be disappointed.
    As the game matures and future updates are released, there’s hope that some of these issues will be addressed. For now, College Football 25 stands as a game with great potential but also significant room for improvement.
    For more sports game reviews, check out our coverage of Top Spin 2K2 and F1 Manager 2024. For everything else in gaming, keep it here at IGN.
    MMOexp.com provide the safest and cheapest College Football 25 Coins service.
    MMOexp:College Football 25 A Mixed Review With the release of College Football 25, excitement was high among fans, some even going so far as to invest in new consoles just to get their hands on the game. As a long-time football video game enthusiast, I have experienced both highs and lows with this latest installment. While College Football 25 excels in on-field action and presentation, several off-field issues diminish the overall experience. Here’s a detailed look at what works, what doesn’t, and what might be improved. On-Field Excellence College Football 25 stands out with its impressive graphics and gameplay. EA Orlando has clearly put significant effort into making the on-field action as realistic and engaging as possible. The visuals are striking—players’ sweat, exceptional lighting, and detailed animations all contribute to a more immersive experience. Unique team intros, mascot celebrations, and cheerleader performances add to the game's personality, capturing the essence of college football's pageantry and tradition. Gameplay has also seen notable improvements. The game runs faster and smoother than its predecessors, with quicker plays and more nimble player movements. The revamped passing system offers a learning curve but rewards precision with a better mix of throw arc and accuracy. For those preferring the familiar Madden controls, they are still available. Throw power now impacts ball speed and force, while pump fakes have been enhanced for more realistic play. The addition of new features, such as 12 hot route options for receivers and improved custom stem options, further enriches gameplay. A small but significant quality of life change allows the game to automatically run down the clock when taking a knee in a mathematically over game. Underwhelming Modes and UI Issues Despite the strong on-field performance, College Football 25 falters significantly with its modes and user interface. The game offers several modes, including Play Now, Road to the College Football Playoffs, Road to Glory, Dynasty, and College Ultimate Team. However, many of these modes feel underdeveloped and lack depth. The UI, in particular, is a major disappointment. Key information about player wear and tear and stamina is poorly displayed, often making it hard to discern what’s happening on the field. The automated hat count from Madden is missing, and stamina indicators are represented by small, unclear icons. The UI issues extend to the in-game commentary and bugs, such as persistent hot spots in drills and inaccurate commentary, which detract from the overall experience. Road to Glory, while offering some fun with mini-games and player progression, becomes repetitive quickly. The lack of meaningful in-game cutscenes and limited play call options can make playing as a quarterback feel restrictive and frustrating. Dynasty mode, a highlight for many, also falls short. It offers a decent foundation for managing a team and recruiting players but becomes tedious due to its repetitive nature. The absence of direct player management or training makes the mode feel more like a series of menu tasks rather than an engaging coaching experience. Ultimate Team and Tutorials College Football 25’s focus on Ultimate Team, with its emphasis on microtransactions and slot machine mechanics, is a major point of contention. The replacement of the skills trainer with Ultimate Team challenges, which are more about monetization than education, is a step backward. The lack of useful tutorials and fundamental mechanics guidance means new players will likely have to seek outside resources to understand the game’s deeper systems. Conclusion College Football 25 offers a solid foundation with its engaging on-field action and impressive visuals. However, the game’s shortcomings in UI design, mode depth, and tutorial support prevent it from reaching its full potential. If you’re a fan of college football looking for a visually stunning and dynamically engaging game, you’ll find a lot to enjoy. However, if you’re expecting a well-rounded experience with robust modes and user-friendly design, you might be disappointed. As the game matures and future updates are released, there’s hope that some of these issues will be addressed. For now, College Football 25 stands as a game with great potential but also significant room for improvement. For more sports game reviews, check out our coverage of Top Spin 2K2 and F1 Manager 2024. For everything else in gaming, keep it here at IGN. MMOexp.com provide the safest and cheapest College Football 25 Coins service.
    0 Comentários 0 Compartilhamentos 2K Visualizações

  • The Best Rookies in Madden NFL 25 Explained

    That said, amid the four abundant captains, who is the best? Who can accompany accumulated to the Madden Ultimate Team? Aggregation captains comedy a absolute important role in a team, as they can achieve or breach a team’s all-embracing performance. As such, players allegation to be authentic aback acrimonious one. They should accede aspects such as the team’s chemistry, scheme, and position.

    For instance, if the aggregation runs a breadth defense, the best bet would be to accept cornerback or assurance MUT captain. On the added hand, if the aggregation runs a man-on-man aegis blazon of game, the best advantage would be a band breaker or cornerback aggregation captain. Therefore, afore clearing on a captain, accede how the amateur will alloy in and activity value.

    4 Kevin Mawae
    Kevin Mawae is not a drifter to the NFL world. Actually, the Pro Football Hall of Famer is at the centermost of NFL history. The aloft Tennesse Titans and New York Jets lineman played for three assorted teams in his 16-year career in the NFL.His MUT captain agenda ante able-bodied in aspects such as advance block, appulse block, canyon block, run block, awareness, and strength. And that’s not all; the NFL fable can additionally alleviate accessible abilities like Defended Protector, Nasty Streak, and Identifier. He can be a appalling ballast for the breach by creating lanes for the alive aback while absorption the quarterback.

    The aloft NFL Players Association admiral is additionally accomplished at run blocking and intercepting passes, which makes him a admired accession to any team. He can achieve adjustments in the aegis if bare to advance the bold or move from his position to block downfield. Nonetheless, the 7x Pro Bowler is not absolute alive or fast compared to added centers. He struggles a bit adjoin added alive and faster opponents.

    Be as it may, Mawae is not abandoned one of the best centers in the game, but he can additionally be a solid accession to any Madden Ultimate team. He has abundant administration abilities and will absolutely accession the abhorrent line. Gamers can advance their all-embracing appraisement to 85 application 5 Aggregation Captain Advance Tokens.

    3 Eric Berry
    Eric Berry ranks absolute abominable in MUT 25 with adapted ratings in tackling, breadth coverage, hit power, comedy recognition, agility, and awareness. The aloft Kansas City Chiefs amateur is a adjustable and adjustable apostle who can actualize plays and affairs from about anywhere on the field. The 2013 NFL Arresting Amateur of the Year is additionally able to alleviate accessible actualization like Universal Coverage, Enforcer, and Acrobat.

    Similarly, players who adorned arresting formations and schemes will accretion him absolute handy. He is adjustable and can acclimate to comedy as a box safety, a band back, a aperture corner, and a bottomless safety. The abundant brawl militarist can apprenticed end or awning receivers in a breadth or man coverage. And that’s not all about the MUT captain. The 5x Pro Bowler can additionally force turnovers, acknowledgment to his brawl abilities and hit power.
    As always, MMOexp.com offers you a safe and cheap Madden 25 Coins service.
    The Best Rookies in Madden NFL 25 Explained That said, amid the four abundant captains, who is the best? Who can accompany accumulated to the Madden Ultimate Team? Aggregation captains comedy a absolute important role in a team, as they can achieve or breach a team’s all-embracing performance. As such, players allegation to be authentic aback acrimonious one. They should accede aspects such as the team’s chemistry, scheme, and position. For instance, if the aggregation runs a breadth defense, the best bet would be to accept cornerback or assurance MUT captain. On the added hand, if the aggregation runs a man-on-man aegis blazon of game, the best advantage would be a band breaker or cornerback aggregation captain. Therefore, afore clearing on a captain, accede how the amateur will alloy in and activity value. 4 Kevin Mawae Kevin Mawae is not a drifter to the NFL world. Actually, the Pro Football Hall of Famer is at the centermost of NFL history. The aloft Tennesse Titans and New York Jets lineman played for three assorted teams in his 16-year career in the NFL.His MUT captain agenda ante able-bodied in aspects such as advance block, appulse block, canyon block, run block, awareness, and strength. And that’s not all; the NFL fable can additionally alleviate accessible abilities like Defended Protector, Nasty Streak, and Identifier. He can be a appalling ballast for the breach by creating lanes for the alive aback while absorption the quarterback. The aloft NFL Players Association admiral is additionally accomplished at run blocking and intercepting passes, which makes him a admired accession to any team. He can achieve adjustments in the aegis if bare to advance the bold or move from his position to block downfield. Nonetheless, the 7x Pro Bowler is not absolute alive or fast compared to added centers. He struggles a bit adjoin added alive and faster opponents. Be as it may, Mawae is not abandoned one of the best centers in the game, but he can additionally be a solid accession to any Madden Ultimate team. He has abundant administration abilities and will absolutely accession the abhorrent line. Gamers can advance their all-embracing appraisement to 85 application 5 Aggregation Captain Advance Tokens. 3 Eric Berry Eric Berry ranks absolute abominable in MUT 25 with adapted ratings in tackling, breadth coverage, hit power, comedy recognition, agility, and awareness. The aloft Kansas City Chiefs amateur is a adjustable and adjustable apostle who can actualize plays and affairs from about anywhere on the field. The 2013 NFL Arresting Amateur of the Year is additionally able to alleviate accessible actualization like Universal Coverage, Enforcer, and Acrobat. Similarly, players who adorned arresting formations and schemes will accretion him absolute handy. He is adjustable and can acclimate to comedy as a box safety, a band back, a aperture corner, and a bottomless safety. The abundant brawl militarist can apprenticed end or awning receivers in a breadth or man coverage. And that’s not all about the MUT captain. The 5x Pro Bowler can additionally force turnovers, acknowledgment to his brawl abilities and hit power. As always, MMOexp.com offers you a safe and cheap Madden 25 Coins service.
    0 Comentários 0 Compartilhamentos 977 Visualizações
  • The Hunchback of Notre Dame (1939) is a classic American film adaptation of Victor Hugo's 1831 novel. Directed by William Dieterle, the movie is renowned for its lavish production and powerful performances.

    Here’s an overview of the film:

    Key Details:
    Director: William Dieterle
    Producer: Pandro S. Berman
    Cast:
    Charles Laughton as Quasimodo: His portrayal of the bell-ringer is iconic, capturing the character's tragic mix of physical deformity and inner nobility.
    Maureen O'Hara as Esmeralda: This was one of O'Hara's early roles, and her performance as the kind-hearted gypsy dancer is captivating.
    Cedric Hardwicke as Frollo: A menacing interpretation of the archdeacon who becomes obsessed with Esmeralda.
    Thomas Mitchell as Clopin: The leader of the beggars, adding a layer of intrigue and grit to the story.
    Highlights:
    Visual Design: The film is famous for its elaborate sets, especially the reconstruction of 15th-century Paris and the Notre Dame Cathedral.
    Makeup: Charles Laughton's transformative makeup for Quasimodo was groundbreaking at the time, designed by legendary makeup artist Perc Westmore.
    Themes: The story tackles themes of justice, love, social prejudice, and the clash between religious authority and personal morality.
    The 1939 adaptation is often regarded as one of the most faithful and emotionally resonant versions of Hugo’s novel. It balances spectacle with a deep exploration of the characters, making it a definitive cinematic interpretation of the classic tale.
    The Hunchback of Notre Dame (1939) is a classic American film adaptation of Victor Hugo's 1831 novel. Directed by William Dieterle, the movie is renowned for its lavish production and powerful performances. Here’s an overview of the film: Key Details: Director: William Dieterle Producer: Pandro S. Berman Cast: Charles Laughton as Quasimodo: His portrayal of the bell-ringer is iconic, capturing the character's tragic mix of physical deformity and inner nobility. Maureen O'Hara as Esmeralda: This was one of O'Hara's early roles, and her performance as the kind-hearted gypsy dancer is captivating. Cedric Hardwicke as Frollo: A menacing interpretation of the archdeacon who becomes obsessed with Esmeralda. Thomas Mitchell as Clopin: The leader of the beggars, adding a layer of intrigue and grit to the story. Highlights: Visual Design: The film is famous for its elaborate sets, especially the reconstruction of 15th-century Paris and the Notre Dame Cathedral. Makeup: Charles Laughton's transformative makeup for Quasimodo was groundbreaking at the time, designed by legendary makeup artist Perc Westmore. Themes: The story tackles themes of justice, love, social prejudice, and the clash between religious authority and personal morality. The 1939 adaptation is often regarded as one of the most faithful and emotionally resonant versions of Hugo’s novel. It balances spectacle with a deep exploration of the characters, making it a definitive cinematic interpretation of the classic tale.
    0 Comentários 0 Compartilhamentos 830 Visualizações
  • HAPPY THANKSGIVING FRIENDS AND FOLLOWERS: NO POLITICS TODAY, NEITHER BAD NEWS, LET'S HAVE SOME FUN WITH THE OLDIES AND THE OLD CARTOONS. FIRST, A LIVE PERFORMANCE BY LYNYRD SKYNYRD/ ENJOY IT! (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkim.com/video/play/439142
    HAPPY THANKSGIVING FRIENDS AND FOLLOWERS: NO POLITICS TODAY, NEITHER BAD NEWS, LET'S HAVE SOME FUN WITH THE OLDIES AND THE OLD CARTOONS. FIRST, A LIVE PERFORMANCE BY LYNYRD SKYNYRD/ ENJOY IT! (CLICK ON THE LINK, NOT ON THE PHOTO)-----> https://wimkim.com/video/play/439142
    0 Comentários 1 Compartilhamentos 342 Visualizações
  • On this day . Jimi Hendrix
    American musician FEATURED BIOGRAPHY. Hendrix is celebrated for his innovative guitar techniques, electrifying performances, and his fusion of rock, blues, and psychedelic music, albums like "Axis: Bold as Love" (1967) and "Electric Ladyland" (1968).
    On this day . Jimi Hendrix American musician FEATURED BIOGRAPHY. Hendrix is celebrated for his innovative guitar techniques, electrifying performances, and his fusion of rock, blues, and psychedelic music, albums like "Axis: Bold as Love" (1967) and "Electric Ladyland" (1968).
    0 Comentários 0 Compartilhamentos 643 Visualizações
  • Wall Street expectations on Tuesday HP forecasts Q1 profit, meanwhile the company reported a revenue increase and maintain its overall performance. HP to report revenue of $14.00 billion, up from $13.81 billion a year ago, and net income of $779.8 million.
    Wall Street expectations on Tuesday HP forecasts Q1 profit, meanwhile the company reported a revenue increase and maintain its overall performance. HP to report revenue of $14.00 billion, up from $13.81 billion a year ago, and net income of $779.8 million.
    0 Comentários 0 Compartilhamentos 241 Visualizações

  • EUO is a Material Condition Precedent

    Claim Properly Denied for Refusal to Testify at EUO

    Post 4936

    Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    See the full video at and at

    Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO).

    In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced.

    FACTUAL BACKGROUND

    Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy).

    One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property.

    Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy.
    Hughes’s Complaint Against Farmers

    One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination.

    Farmers’ Motion for Summary Judgment

    Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy.

    In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.”

    In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination.

    Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination.

    Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath.
    Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial

    The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.”

    DISCUSSION

    The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law.

    An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy.
    Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy.
    Breach of Implied Covenant Claim

    The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law.

    ZALMA OPINION

    Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse.

    (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
    EUO is a Material Condition Precedent Claim Properly Denied for Refusal to Testify at EUO Post 4936 Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. See the full video at and at Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO). In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced. FACTUAL BACKGROUND Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy). One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property. Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy. Hughes’s Complaint Against Farmers One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination. Farmers’ Motion for Summary Judgment Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy. In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.” In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination. Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination. Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath. Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.” DISCUSSION The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law. An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy. Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy. Breach of Implied Covenant Claim The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law. ZALMA OPINION Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse. (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
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
    0 Comentários 0 Compartilhamentos 2K Visualizações
  • https://medforth.biz/christmas-is-cancelled-festive-references-banned-from-school-pantomime-performance-to-be-more-inclusive-to-all-faiths/
    https://medforth.biz/christmas-is-cancelled-festive-references-banned-from-school-pantomime-performance-to-be-more-inclusive-to-all-faiths/
    0 Comentários 0 Compartilhamentos 398 Visualizações
  • Meet Charles Bronson look-alike Robert Bronzi
    Hungarian born performer Robert Bronzi is world traveled actor and professional horseman with a love for the wild west and classic American film. Bronzi has worked as a Carpenter, Horse trainer, Musician and former Military Service Member. Professionally Trained Actor at Maria Mezey Theatre School (Budapest) as well as stuntman, acrobat and Judo Player. Robert speaks multiple languages including English, Spanish and Hungarian. With a film resume building, Bronzi has honed his craft in Live Performances and Wild West Theme Shows, including " Fort Bravo " Almeria, Spain " Port Aventura " - Costa Dorada, Spain, " Rancho Texas Park " - Canary Islands. and Feature Films, The Seven Gallant, Death Kiss, Escape From Death Block 13 and most recent has signed to to play " The Dago " in Knighted Entertainments upcoming comedy feature: Mat Rats.
    Meet Charles Bronson look-alike Robert Bronzi Hungarian born performer Robert Bronzi is world traveled actor and professional horseman with a love for the wild west and classic American film. Bronzi has worked as a Carpenter, Horse trainer, Musician and former Military Service Member. Professionally Trained Actor at Maria Mezey Theatre School (Budapest) as well as stuntman, acrobat and Judo Player. Robert speaks multiple languages including English, Spanish and Hungarian. With a film resume building, Bronzi has honed his craft in Live Performances and Wild West Theme Shows, including " Fort Bravo " Almeria, Spain " Port Aventura " - Costa Dorada, Spain, " Rancho Texas Park " - Canary Islands. and Feature Films, The Seven Gallant, Death Kiss, Escape From Death Block 13 and most recent has signed to to play " The Dago " in Knighted Entertainments upcoming comedy feature: Mat Rats.
    0 Comentários 1 Compartilhamentos 2K Visualizações 1
Páginas Impulsionadas
Patrocinado

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here