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

President Trump is suing media outlets for $10 billion, accusing them of bias. He has filed lawsuits against the New York Times, CBS, and other organizations, alleging defamation and political prejudice.

Bad Faith Set Up Fails Read the full article at https://www.linkedin.com/pulse/bad-faith-set-up-fails-barry-zalma-esq-cfe-jllxc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Inadequate Information Made Refusal to Pay Policy Limits Not Bad Faith INADEQUATE MEDICAL AUTHORIZATION USED TO CAUSE INSURER TO REFUSE SETTLEMENT DEMAND Post 4930 Kara Flick appealed from the judgment after a jury rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. Flick contends the judgment should be reversed due to juror misconduct. In KARA FLICK v. UNITED SERVICES AUTOMOBILE ASSOCIATION, B330507, California Court of Appeals, Second District, Sixth Division (November 5, 2024) the Court of Appeals resolved the dispute. FACTUAL HISTORY After sustaining injuries in an automobile accident caused by Francisco Reyes, Jr., Flick had her attorney send Reyes's insurer, the United Services Automobile Association (USAA), a letter explaining the severity of her injuries and an authorization for the release of her medical records. Flick's attorney followed up with a settlement demand two months later, requesting that USAA pay Flick the entirety of Reyes's $100,000 policy limit in exchange for a release of liability. Attached to the demand was a single medical record from Flick's neurologist. USAA investigated Flick's claim and determined it did not have sufficient information to accept or reject her demand. Flick then filed a personal injury lawsuit against Reyes. The jury found in her favor and awarded nearly $1.7 million in damages. Flick, with an assignment from the Reyes, sued USAA for breach of contract and breach of the implied covenant of good faith and fair dealing. TRIAL At trial, a USAA claims adjustor admitted that Reyes was fully at fault for the accident with Flick. Reyes could therefore be exposed to liability in excess of his policy limits-if Flick provided sufficient documentation to support her claim. USAA's expert on insurance claims handling and another of its claims service managers both agreed with the supervisor that Flick's authorization was invalid and inadequate to allow USAA to obtain Flick's medical records. USAA needed additional records before it could determine the value of Flick's claim. Those records could have included the medical bills Flick provided to her own insurance company, the multiple doctor's notes she had excusing her from work, or the thumb drive recording her purported speech problems, all of which were entered into evidence at her personal injury trial. Because they were not provided to USAA, it was "very difficult to place a value on" Flick's claim. Flick's expert testified that USAA's handling of the settlement demand "was clearly unreasonable." Flick also did not respond to USAA's requests for additional information. By a vote of nine to three, the jury found that Flick did not make a reasonable settlement demand of USAA and rejected her claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The trial court polled the jury, and each juror confirmed their vote. DISCUSSION The Court of Appeals concluded the trial court did not abuse its discretion in denying Flick's new trial motion. USAA successfully rebutted the presumption of prejudice by showing there is no reasonable probability that the juror, D.C.'s misconduct by not explaining he did not hear all of the adjuster's testimony, actually harmed Flick. Much of the adjustor's testimony consisted of facts regarding his communications with Flick's attorney - facts that were undisputed. What was disputed-whether Flick's settlement demand was reasonable-was the subject of other witness testimony, including USAA's expert on insurance claims handling, its supervising claims service manager, Flick's personal injury attorney, and her expert witness on insurance claims handling. What the admitted evidence showed was that D.C. confirmed multiple times that he voted that Flick did not make a reasonable settlement demand: Based on this record there was no reasonable probability that D.C.'s alleged juror misconduct actually harmed Flick. ZALMA OPINION The tort of bad faith arose from abuse by insurers on those they insured. Since its adoption in California about three quarters of a century ago, the abuse has been turned on to insurers. Ms. Flick's counsel placed a demand for settlement on USAA that it could not reasonably and in good faith to its insured, Reyes, because it was incomplete and inadequately supported and forced Flick and Reyes go through a trial where she received an uncollectible judgment against Reyes in hopes of a gigantic bad faith judgment. After much litigation and USAA spending a great deal to defend itself she received the $100,000 policy limit. USAA was punished but neither Flick nor her lawyers profited from the scheme or the appeal. (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

Americans would be JUSTIFIED in SH00TING TO KILL anyone trying to infringe upon their INALIENABLE RIGHTS The word "Inalienable" means that NOBODY can infringe upon these rights! Not ANYONE... And not for ANY REASON! Not a #Tyrant POS #Sheriff, and not the #Congress of the #Corporation of the United States, and not ANYBODY ELSE! ANYONE trying to infringe upon your inalienable rights has put themselves into the position of being JUSTIFIABLY ELIMINATED (In self-defense) Inalienable means "Don't even try or you'll get SHOT!" and that is reasonable.And this is the red line folks! It'd sure be a shame to get a hole punched in that tin star! The one on your HEAD btw.... The slow walk too tyranny best slow it's roll... Before it gets it's head shot off The 2nd and 4th amendments DO NOT give you your rights! They simply recognize that EVERY MAN (Including FELONS) have these rights And ANYONE attempting to infringe upon the INALIENABLE rights of another should EXPECT to be eliminated with prejudice

Indeed notable that despite the significant presence of Catholics in the United States, John F. Kennedy remained the only Catholic president for many years until Joe Biden was inaugurated on January 20, 2021. Here are a few points to consider regarding this context: Historical Context: John F. Kennedy's election in 1960 was a landmark moment as he became the first Catholic president of the United States. His election was significant not only because of his religion but also because it reflected a broader acceptance of religious diversity in American political life. Religious Demographics: As of recent surveys, about 20% of U.S. adults identify as Catholic, making Catholicism one of the largest religious groups in the country. This demographic presence has had a substantial cultural and social influence in various aspects of American life. Political Landscape: Despite the sizable Catholic population, the political landscape in the United States has historically been dominated by Protestant leaders. This can be attributed to a variety of factors, including historical prejudices, political alignments, and the distribution of religious groups across different states. Significance of Biden's Presidency: Joe Biden's election as the second Catholic president underscores a continued evolution in the acceptance and representation of different religious groups in American politics. His presidency also highlights the ongoing importance of religion in political identity and public life in the United States. The election of Joe Biden as the second Catholic president is a to the gradual but significant changes in American society, reflecting greater religious tolerance and the evolving political dynamics of the nation. These illustrate the complex relationship between religion and politics in the U.S., showing both progress and ongoing challenges in achieving diverse representation.

And THAT is how His people roll folks! They DID NOT sit around waiting for the priests of Ba'al to #Murder them in a "Great Reset," they dispatched the #Evil with prejudice!

SEN. @RONJOHNSONWI CALLS FOR THOSE BEHIND THE COVID VACCINE TO BE HELD ACCOUNTABLE “SO WE CAN PREVEN I commend Ron Johnson for being the ONLY ACTOR in Washington DC to speak out about the #Genocide JABS! Accountability??? It would be the FIRST TIME IN HISTORY if we got accountability! What we need is for EVERY POLITICAL #Parasite, every doctor, and every big pharma entity to be ELIMINATED with extreme prejudice on national television! NOBODY is going back to the days of not knowing that BIG PHARMA is part of a massive DEATH CULT who worships Satan and hates their fellow man! The #Police will CONTINUE protecting these #criminals, it's their only job! So in my opinion... they are COMPLICIT and worthy of an equal sentence! https://www.bitchute.com/video/RxAQVl6xOQ8Y/

And that is because you ARE a #Slave under the Maritime Admiralty Law SLAVE SYSTEM that you have been duped into believing that you "consented" to! You cannot "consent" to something you don't know exists folks! You cannot enter into maritime admiralty law CONTRACTS that you do not even know exists either! The entirety of our corrupt, illegitimate, unlawful system is based on #Fraud! Our #Courts and the BS CORPORATION we have been brainwashed into believing is our "government" are based solely and purely on FRAUD and maritime admiralty law YOU are considered PROPERTY of the CORPORATION because your mother and father unknowingly signed you over to the state when they signed your "birth certificate" The "Berth Certificate" is an instrument of pure FRAUD, used by the CORPORATION and their COURTS to claim ownership over YOU! On the day of your "birth" the CORPORATION created a PATENTED HIEROGLYPH which is your ALL CAPS NAME. They created it, thus they OWN IT! Then the CORPORATION deceived your parents into sending you to a #Rockefeller funded indoctrination center to be brainwashed into REPRESENTING their creation, your all caps name, or STRAWMAN, which is a LEGAL FICTION and not you! YOU are a flesh and blood MAN or WOMAN, not a patented hieroglyph which represents a "vessel" created out of thin air to deceive you! These people are sick cowards who refuse to work. So instead they spent their life coming up with a way to DECEIVE YOU into being their "willing SLAVE." You see..... they claim that you "consent" to all of this BS you know nothing about! So they OWN YOU in their minds! I think it's time this corporation and ALL of it's executives are sent into BANKRUPTCY permanently, and with prejudice. Send every last one of these criminals to die in prison while mankind takes it's PROPERTY back that they have STOLEN through their lies and deception! This includes the black robed priests of the #BAR Association, lawyers, politicians, #Police, and all other CORPORATION CONTROLLED CRIMINALS! You should be pissed off about these FACTS! But you'll likely just shrug and claim "Conspiracy Theory" just like the #CIA and it's operation mockingbird #Media programmed you to do! https://rumble.com/v4k0a7c-dead-in-the-water-maritime-admiralty-law.html

Are you too smart to learn anything new? Do you ALREADY "know it all?" Well..... providing you answered "No" to those questions...... I'd make time to check out the videos on this page! Biblical #Evidence of the true sabbath day! (And it's NOT Saturn's Day) Saturday Sabbath? Or Lunar Sabbath? People in love do everything in their power to please the one they love. This is the natural reaction of the heart that loves. It is not viewed as a duty, but a joy and privilege! This is what the true Sabbath means to all who love their Maker and wish to honor Him. At the very start of the world, the seventh-day was set apart as a day to rest and worship the Creator. Those who value the care showered on them by a loving heavenly Father, want to obey Him and worship Him on the true Sabbath day. The question then arises: "Which day is the Bible Sabbath? Which day is the true seventh-day Sabbath of Scripture?" There are many different, widely-held beliefs regarding when to worship. Three of these views are as follows: Many people believe that there is no need for a specific day of rest since Yahuwah should be worshipped every day. Saturday sabbatarians believe that because Saturday is the last day of the modern seven-day week, it must be the true seventh-day Sabbath. Because modern weeks cycle continuously, they believe Saturday has come down uninterrupted from Creation as the true seventh-day Sabbath. Still others believe that an accumulation of Biblical and historical evidence reveals that the true Sabbath can only be found by using the luni-solar calendar used in Bible times. While it is true that one should worship every day, the sovereign of the Universe Himself expressly commanded that on the seventh-day, labor is to be set aside and special time spent with Him. The Sabbath is not just a day of worship. It is also specifically a day of no labor. Yahuwah even stated that the Sabbath is a sign between Himself and His children forever. This article will consider the evidence for whether the true Sabbath is a "Saturday Sabbath" or what is called a "lunar Sabbath." "There is no excuse for anyone in taking the position that there is no more truth to be revealed, and that all our expositions of Scripture are without an error. The fact that certain doctrines have been held as truth for many years . . . is not a proof that our ideas are infallible. Age will not make error into truth, and truth can afford to be fair. No true doctrine will lose anything by close investigation." Counsels to Writers and Editors, p. 35 For all who want to know truth, there comes a time when the way divides. Personal prejudice, tradition and preconceived ideas should have no standing in the mind of one wanting to know "the Truth, the whole Truth and nothing but the Truth." If the seeker for truth will study with an open mind, being willing to obey what is revealed if he is convicted that it is truth, then truth will be revealed to his mind and he need not remain in error. This is what is required of all who would study the subject of the true Bible Sabbath. Scripture reveals that the entire conflict between the Creator and Satan is contained in the battle over worship. It is a war for the mind of every man, woman and child alive today. Therefore, it would be wise for everyone on earth to examine this subject for themselves. All should study and know for sure whether the true day of worship is a Saturday Sabbath or a Lunar Sabbath. https://www.worldslastchance.com/yahuwahs-calendar/the-lunar-sabbath.html