Requiring an Insurer to Waive its Right to Subrogation is a Valid & Enforceable Contract Waiver of Subrogation Applies in Marine Insurance Policy Post 4938 Read the full article at https://www.linkedin.com/pulse/requiring-insurer-waive-its-right-subrogation-valid-zalma-esq-cfe-gkn3c/, see the full video at and at and at https://zalma.com/blog. Competing motions for summary judgment were presented to the USDC for the Eastern District of Louisiana in a limitation-of-liability action arising from the listing and capsizing of the liftboat RAM XVIII. The motions present the principal question whether Fieldwood (charterer of the liftboat) must defend and indemnify Aries (owner of the liftboat) and U.S. Specialty (Aries’s insurer) under a master time charter agreement from the personal-injury claims brought by employees of Fluid Crane & Construction, Inc. and United Fire and Safety, LLC (Fieldwood’s subcontractors) who were aboard the RAM XVIII when it capsized. Fieldwood moved for partial summary judgment enforcing waivers of subrogation in the master time charter agreement and the relevant U.S. Specialty insurance policy. In The Matter Of Aries Marine Corporation, et al., Civil Action Nos. 19-10850, 19-13138, United States District Court, E.D. Louisiana (November 20, 2024) the USDC resolved the disputes. BACKGROUND The USDC resolved a five-year-old limitation-of-liability action that arose from the listing and capsizing of the liftboat RAM XVIII in the Gulf of Mexico. Aries chartered the RAM XVIII to Fieldwood under a master time charter agreement (the “Time Charter”) in relation to work being performed on one of Fieldwood’s offshore platforms. Under those Master Services Contracts, Fluid Crane and United Fire sent employees to work on Fieldwood’s platform; those employees were aboard the RAM XVIII when it capsized. U.S. Specialty, for its part, underwrote an insurance policy (the “Policy”) that provided Aries with certain coverages in effect when the RAM XVIII capsized. Six employees of Fluid Crane and one employee of United Fire-all of whom were aboard the RAM XVIII when it capsized-brought personal injury claims against Aries. The motions before the Court present the principal question whether Fieldwood must defend and indemnify Aries and U.S. Specialty from those personal-injury claims. THE TIME CHARTER Section 10 features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10] shall waive their rights of subrogation against the Charterer Group,” which includes Fieldwood. THE POLICY The Policy provides coverage to Aries for protection and indemnity, including coverage for personal-injury liability. The Policy includes a waiver-of-subrogation provision that applies to the protection-and-indemnity coverage. A separate section of the Policy-governing hull-insurance coverage contains a waiver-of-subrogation provision and a provision naming Fieldwood as an additional insured. THE MASTER SERVICES CONTRACTS. Fieldwood executed the Master Services Contracts with Fluid Crane and United Fire, respectively. Fluid Crane and United Fire agreed to indemnify the other entities involved from claims asserted by their own employees, as well as to be responsible for defense costs for such claims. ANALYSIS Fieldwood’s Motion Fieldwood moved the Court to grant partial summary judgment enforcing waivers of subrogation in the Time Charter and Policy and dismissing Aries’s crossclaim and U.S. Specialty’s complaint-in-intervention. The Court held that Fieldwood is entitled to partial summary judgment because a review of the Time Charter and the Policy confirms that both Aries and U.S. Specialty have waived their rights of subrogation against Fieldwood. U.S. Specialty Waived Its Rights of Subrogation The Policy unambiguously waives U.S. Specialty’s right of subrogation in favor of Fieldwood. The Policy features a waiver-of-subrogation provision. The Time Charter qualifies as a “written contract” that “require[s]” U.S. Specialty to waive its rights of subrogation against Fieldwood because the Time Charter features a waiver-of-subrogation provision mandating that “[u]nderwriters of all policies of insurance required [by Section 10 of the Time Charter] shall waive their rights of subrogation against the Charterer Group,” which is defined to include Fieldwood. Because a review of the Time Charter and the Policy confirms that U.S. Specialty unambiguously waived its rights of subrogation against Fieldwood, and because the claims asserted in U.S. Specialty’s complaint-in-intervention rest on a subrogation theory, the Court granted Fieldwood’s motion for summary judgment and dismissed with prejudice U.S. Specialty’s complaint-in-intervention. The USDC concluded that the waivers of subrogation in Fieldwood’s favor are enforceable, and Aries and U.S. Specialty have not adequately presented any argument that would allow the Court to hold that their claims for defense and indemnity can survive despite the enforceability of those waivers of subrogation. Fieldwood’s motion for partial summary judgment was GRANTED. ZALMA OPINION Insurance policies like the marine policy interpreted in this case contain standard language authorizing the insured to waive the insurers’ right of subrogation if it does so before there is a loss. Since the litigants sought subrogation recovery which it had waived by the standard language of its policy this five year long litigation was resolved by the acceptance of the waiver. (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

-- Tsunami of ‘Nudifying’ Apps Advertised on Meta Platforms https://surgecolumns331790116.wordpress.com/2024/11/11/tsunami-of-nudifying-apps-advertised-on-meta-platforms/

**Coup: Harris Adviser Calls On Joe Biden to Resign And Make Kamala President Before Trump Sworn In** **"This is more than just a political stunt. It’s part of the Deep State's larger plan to launch a coup against the incoming Trump presidency while he is still President-elect," says Alex Jones**. **A former advisor to Kamala Harris called on Joe Biden to step down and allow Kamala to be president until Donald Trump is sworn in on January 20, 2025** **VP Harris’s former communications director Jamal** **Simmons made the bizarre suggestion on CNN’s “State of the Union” Sunday** **Joe Biden has been a phenomenal president. He’s lived up to so many of the** **promises he’s made. There’s one promise left that he could fulfill: being a transitional** **figure. He could resign the presidency in the next 30 days,** **make Kamala Harris the President of the United States,” Simmons said** [by Jamie White][]November 10th, 2024 6:41 PM https://www.infowars.com/posts/coup-harris-adviser-calls-on-joe-biden-to-resign-and-make-kamala-president-before-trump-sworn-in [LIVE]: https://www.infowars.com/show [Home]: https://www.infowars.com/ [News]: https://www.infowars.com/news [Podcasts]: https://www.infowars.com/radio-archive [Breaking News]: https://www.infowars.com/breaking-news [Social]: https://www.infowars.com/posts/the-big-tech-crackdown-is-accelerating-follow-infowars-on-these-growing-alternative-platforms [Watch Live]: https://www.infowars.com/show/ [Infowars Network]: https://www.infowars.com/show/network-feed [The Alex Jones Show]: https://www.infowars.com/show/the-alex-jones-show [The War Room with Owen Shroyer]: https://www.infowars.com/show/war-room [The American Journal]: https://www.infowars.com/show/american-journal [Banned.Video]: https://www.banned.video/ [Infowars Store]: https://infowarsstore.com/ [Archive]: https://archives.infowars.com/ [RSS]: https://www.infowars.com/rss.xml [Download Our App]: https://banned.video/watch?id=5e30b18752f35800179d840c [Terms of]: https://www.infowars.com/terms-of-service/ [DMCA]: https://www.infowars.com/dmca/ [Advertise]: https://www.infowars.com/advertise/ [Affiliates]: https://www.infowars.com/affiliates/ [Media]: https://www.infowars.com/media-inquiries/ [About]: https://www.infowars.com/about/ [by Jamie White]: https://www.infowars.com/author/jamie-white

https://medforth.biz/its-happening-trumps-lead-soars-in-prediction-markets-trump-reaches-largest-gain-on-polymarket-platform-and-nyt-has-trump-with-86-chance-of-winning/

The bottom line is that #Police are more #Violent and more #Corrupt than ANY #Criminal in the United States! It is truly RARE to find a criminal that is as dishonest, violent, and eager to harm other people, as is your average Police Officer! These people support a CULTURE OF VIOLENCE, corruption, and cover ups! And it's NOT "One or two bad apples" as you are told! The ENTIRE BUSHEL is rotten to the core It looks like the scumbag cop that beat up the guy with cerebral palsy made national news THANKS TO JOHN, at the Civil Rights Lawyer! Thanks John! I hope your platform GROWS ENORMOUS! EVERY POLICE DEPARTMENT IN AMERICA IS JUST AS CORRUPT AS THIS ONE, AND EVERY ONE OF THEM NEED TO BE PROSECUTED BY NON-GOVERNMENT PERSONNEL WHO WILL ACTUALLY PROSECUTE THE CRIMES! "Prosecutors" NEVER file charges against Police Officers.... And they certainly NEVER PROSECUTE POLICE UNDER THE APPROPRIATE STATUTE! Which would be TITLE 18 U.S.C. § 241 Conspiracy Against Rights AND 18 U.S.C. § 242 Deprivation of Rights Under Color of Law This is FEDERAL LAW! Yet Police are NEVER HELD ACCOUNTABLE for their Criminal actions under these federal statutes because FEDERAL PROSECUTORS refuse to file the charges, making them COMPLICIT in both the crime itself, and in the COVER UP of that crime! You want to know WHY POLICE ARE CORRUPT??? You need not look any further than this FACT! And on a side note.... ANY FEDERAL PROSECUTOR who does not file these charges when there is clear and compelling EVIDENCE of the crimes against Americans by Police.... THAT FEDERAL PROSECUTOR NEEDS TO BE CHARGED UNDER TITLE 18 U.S.C. § 241 and 18 U.S.C. § 242 right alongside of the police officer guilty of the crime, AS AN ACCOMPLICE. These prosecutors are literally "aiding and abetting" the crimes! https://www.nbcnews.com/news/us-news/video-phoenix-police-using-taser-punching-deaf-man-cerebral-palsy-scru-rcna175305

Alex Jones has done some actual #Journalism over the years! But just like ANYONE with a large, heavily promoted platform... He serves the #Criminals Liars ALWAYS mix some #Truth into their fables! Alex has taken his 30 pieces of silver... and has sold YOU out!

‘Why Don’t You Buy Infowars?’: Trump Nods When Rallygoer Asks to Purchase Alex Jones Platform https://www.infowars.com/posts/why-dont-you-buy-infowars-trump-nods-when-rallygoer-pleads-to-rescue-alex-joness-platform

fro some reason, I had a very hard time sharing this snapshot of another platform.....when i was at the U of I & all we had was dial-up from Family Video

https://dreamlight.com/15-free-speech-social-media-platforms/

A Response To Melania’s Disappointing Pro-Abortion Stance Which Is A Departure From Trump And MAGA https://contendersedge.blogspot.com/2024/10/a-response-to-melanias-disappointing.html [There are those out there who fear that the publication of this post may harm Donald Trump's chances of being elected as President, but that is not my intent to do but far from it. I wrote this post in part to refute claims made by Lifesite News who wants you to believe that Donald Trump’s views on abortion are the same as what Melania has revealed hers to be in order to convince pro-lifers to sit this election out but the publication’s claims of this are not necessarily true and they present nothing to prove their claims of this as I make clear in my opening statements that the GOP platform still remains more pro-life than that of Kamala the Harlot and while Trump may not be as staunchly pro-life as many of us might like him to be, he is still more pro-life than the Harlot which is why pro-lifers and Christians, in spite of Melania’s reported views, must NOT sit this election out, but still must vote for Trump for the sake of mitigating evil and maximizing righteousness. Even Melania herself has admitted that she and her husband do not agree with each other on every moral or political issue but I have still nonetheless, as many other pro-lifers, felt the need to respond to her surprising and disappointing support of unmitigated abortion in hopes that she and others of like-mind might be turned away from supporting abortion to supporting the sanctity of innocent life and embracing a culture of life instead of a culture of death.]