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

https://medforth.biz/the-husband-of-afd-politician-beatrix-von-storch-is-being-monitored-by-the-german-office-for-the-protection-of-the-constitution-because-he-registered-a-domain-against-abortion/

Bird on a Wire Mel Gibson and Goldie Hawn team up in this non-stop action-comedy directed by John Badham. Hiding under the FBI Witness Protection Program, Rick Jarmin (Gibson) get nervous when old fame Marianne Graves (Hawn) recognizes him. But before he can assume a new identity, the man he put in jail (David Carradine) is released and comes to pay his respects. Rick and Marianne find themselves thrown together on an exhilarating cross-county scramble, barely evading the gangsters, police and an amorous veterinarian (Joan Severance). Their whirlwind travels eventually lead to an unforgettable climax in an elaborate zoo exhibit. A rollercoaster of a movie which will keep you on the edge elaborate zoo exhibit of your seat.

https://thewashingtonstandard.com/supreme-court-issues-8-1-decision-denying-second-amendment-preservation-act-protections-what-now-video/

https://gunsinthenews.com/supreme-court-issues-8-1-decision-denying-second-amendment-preservation-act-protections-what-now-video-2/

🚨🚨 From a friend **Please READ the following to the end … It will open your understanding of what the World as a whole suffered in the past four years … and Still Suffer …** **Their Plandemic Failed … but don’t worry … They Still Have PLAN B … starting in 2025 … that will last at least to 2030 …** **Unless We The People … ACT … Immediately …** ***“CDC Planned National Quarantine Camps”*** ***By Jeffrey A. Tucker November 7, 2024*** ***“The plan was to enforce this with a vaccine passport. It broke. Once the news leaked that the shot didn’t stop infection or transmission, the planners lost public support and the scheme collapsed.”*** ***“No matter how bad you think COVID-19 policies were, they were intended to be worse. Consider the vaccine passports alone.*** ***Six cities were locked down to include only the vaccinated in public indoor places. They were New York City, Boston, Chicago, New Orleans, Washington, D.C., and Seattle.*** ***The plan was to enforce this with a vaccine passport. It broke. Once the news leaked that the shot didn’t stop infection or transmission, the planners lost public support and the scheme collapsed.*** ***It was undoubtedly planned to be permanent and nationwide if not worldwide. Instead, the scheme had to be dialled back.*** ***Features of the Centers for Disease Control and Prevention (CDC) edicts did incredible damage. It imposed the rent moratorium. It decreed the ridiculous ‘six feet of distance’ and ‘mask mandates’.*** ***It forced Plexiglas as the interface for commercial transactions. It implied that mail-in balloting must be the norm, which probably flipped the election. It delayed the reopening as long as possible. It was sadistic.*** ***Even with all that, worse was planned. On July 26, 2020, with the George Floyd riots having finally settled down, the CDC issued a plan for establishing nationwide quarantine camps.*** ***People were to be isolated, given only food and some cleaning supplies. They would be banned from participating in any religious services.*** ***The plan included contingencies for preventing suicide. There were no provisions made for any legal appeals or even the right to legal counsel.*** ***The plan’s authors were unnamed but included 26 footnotes. It was completely official. The document was only removed on about March 26, 2023.*** ***During the entire intervening time, the plan survived on the CDC’s public site with little to no public notice or controversy.*** ***It was called ‘Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings’.*** ***‘This document presents considerations from the perspective of the U.S. Centers for Disease Control & Prevention (CDC) for implementing the shielding approach in humanitarian settings as outlined in guidance documents focused on camps, displaced populations and low-resource settings. …’*** ***‘This approach has never been documented and has raised questions and concerns among humanitarian partners who support response activities in these settings.’*** ***‘The purpose of this document is to highlight potential implementation challenges of the shielding approach from CDC’s perspective and guide thinking around implementation in the absence of empirical data.’*** ***‘Considerations are based on current evidence known about the transmission and severity of coronavirus disease 2019 (COVID-19) and may need to be revised as more information becomes available.’*** ***By the absence of empirical data, the meaning is: that nothing like this has ever been tried. The point of the document was to map out how it could be possible and alert authorities to possible pitfalls to be avoided.*** ***The meaning of ‘shielding’ is:*** ***‘To reduce the number of severe COVID-19 cases by limiting contact between individuals at higher risk of developing severe disease (‘high-risk’) and the general population (‘low-risk’).’*** ***‘High-risk individuals would be temporarily relocated to safe or ‘green zones’ established at the household, neighborhood, camp/sector or community level depending on the context and setting. … They would have minimal contact with family members and other low-risk residents.’*** ***In other words, this is what used to be concentration camps.*** ***Who are these people who would be rounded up? They are ‘older adults and people of any age who have serious underlying medical conditions’. Who determines this? Public health authorities. The purpose?*** ***The CDC explains: ‘physically separating high-risk individuals from the general population’ allows authorities ‘to prioritize the use of the limited available resources’.*** ***This sounds a lot like condemning people to death in the name of protecting them.*** ***The model establishes three levels. First is the household level. Here high-risk people are physically isolated from other household members’.*** ***That alone is objectionable. Elders need people to take care of them. They need love and to be surrounded by family. The CDC should never imagine that it would intervene in households to force old people into separate places.*** ***The model jumps from households to the “neighborhood level.” Here we have the same approach: forced separation of those deemed vulnerable.*** ***From there, the model jumps again to the ‘camp/sector level’. Here it is different:*** ***‘A group of shelters such as schools, community buildings within a camp/sector (max 50 high-risk individuals per single green zone) where high-risk individuals are physically isolated together.’*** ***‘One entry point is used for exchange of food, supplies, etc. A meeting area is used for residents and visitors to interact while practicing physical distancing (2 meters). No movement into or outside the green zone.’*** ***Yes, you read that correctly. The CDC is here proposing concentration camps for the sick or anyone they deem to be in danger of medically significant consequences of infection.*** ***Further: ‘to minimize external contact, each green zone should include able-bodied high-risk individuals capable of caring for residents who have disabilities or are less mobile. Otherwise, designate low-risk individuals for these tasks, preferably who have recovered from confirmed COVID-19 and are assumed to be immune’.*** ***The plan says in passing, contradicting thousands of years of experience, ‘Currently, we do not know if prior infection confers immunity’.*** ***Therefore the only solution is to minimize all exposure throughout the whole population. Getting sick is criminalized.*** ***These camps require a ‘dedicated staff’ to:*** ***‘Monitor each green zone. Monitoring includes both adherence to protocols and potential adverse effects or outcomes due to isolation and stigma. It may be necessary to assign someone within the green zone, if feasible, to minimize movement in/out of green zones.’*** ***The people housed in these camps need to have good explanations of why they are denied even basic religious freedom.*** ***The report explains:*** ***‘Proactive planning ahead of time, including strong community engagement and risk communication is needed to better understand the issues and concerns of restricting individuals from participating in communal practices because they are being shielded. Failure to do so could lead to both interpersonal and communal violence.’*** ***Further, there must be some mechanisms to prohibit suicide: Additional stress and worry are common during any epidemic and may be more pronounced with COVID-19 due to the novelty of the disease and increased fear of infection, increased childcare responsibilities due to school closures and loss of livelihoods.*** ***Thus, in addition to the risk of stigmatization and feeling of isolation, this shielding approach may have an important psychological impact and may lead to significant emotional distress, exacerbate existing mental illness or contribute to anxiety, depression, helplessness, grief, substance abuse or thoughts of suicide among those who are separated or have been left behind.*** ***Shielded individuals with concurrent severe mental health conditions should not be left alone. There must be a caregiver allocated to them to prevent further protection risks such as neglect and abuse.*** ***The biggest risk, the document explains, is as follows: “While the shielding approach is not meant to be coercive, it may appear forced or be misunderstood in humanitarian settings.”*** ***It should go without saying but this ‘shielding’ approach suggested here has nothing to do with focused protection of the Great Barrington Declaration.*** ***Focused protection specifically says:*** ***‘Schools and universities should be open for in-person teaching. Extracurricular activities, such as sports, should be resumed. Young low-risk adults should work normally, rather than from home.’*** ***‘Restaurants and other businesses should open. Arts, music, sport and other cultural activities should resume. People who are more at risk may participate if they wish, while society as a whole enjoys the protection conferred upon the vulnerable by those who have built up herd immunity.’*** ***In four years of research, and encountering truly shocking documents and evidence of what happened in the COVID-19 years, this one certainly ranks up at the top of the list of totalitarian schemes for pathogenic control prior to vaccination. It is quite simply mind-blowing that such a scheme could ever be contemplated.*** ***Who wrote it? What kind of deep institutional pathology exists that enabled this to be contemplated?*** ***The CDC has 10,600 full-time employees and contractors and a budget of $11.5 billion. In light of this report, and everything else that has gone on there for four years, both numbers should be zero.”*** https://brownstone.org/articles/the-cdc-planned-quarantine-camps-nationwide/ **Here are some links to this article:** - ***“U.S. Developing Vaccine Passport System Using Complex Web of Big Tech Partnerships”*** https://childrenshealthdefense.org/defender/us-developing-vaccine-passport-system/ - ***"Interim Operational Considerations for Implementing the Shielding Approach to Prevent COVID-19 Infections in Humanitarian Settings*** ***Updated July 26, 2020"*** https://web.archive.org/web/20200728203549/https://www.cdc.gov/coronavirus/2019-ncov/global-covid-19/shielding-approach-humanitarian.html

Senate guts supply management bill, angering Quebec separatists! ‘We need to exclude supply management from all future trade concessions,’ said Bloc Québécois leader Yves-François Blanchet, noting President-elect Donald Trump is ‘very aggressive’ on protectionism. 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://www.rebelnews.com/senate_guts_supply_management_bill_angering_quebec_separatists

https://forex-strategy.com/2024/11/08/democrats-blame-george-clooney-for-their-failure/ Democrats blame George Clooney for their failure The actor may be required to enter the witness protection program #usa #politics #democrats #biden #harris #trump #georgeclooney

Declaring a Policy Void When a Policy Is Void For Subscribers to Excellence in Claims Handling You can Subscribe for only $5 a month to Excellence in Claims Handling at https://barryzalma.substack.com/subscribe A small portion of what was provided to subscribers. In almost every policy of insurance, there is a clause declaring the policy void if the insured misrepresents or conceals material facts or commits fraud. For example: We do not pay for bodily injury or property damage which is expected by, directed by, or intended by an insured. This exclusion does not apply to bodily injury that arises out of the use of reasonable force to protect people or property. (AAIS Form BP-200, (c) 1987 AAIS). or: This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other “insured,” at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered “auto”; c. Your interest in the covered “auto”; or d. A claim under this Coverage Form. (Insurance Services Office form CA 00 01 01 87). The policy wording requires that the insurer prove, not only that the insured misrepresented or concealed a material fact but must also prove that the insured did so with the intent to deceive. Absent the rare confession it is often difficult to prove intentional deceit. The insured will usually claim that he or she was mistaken and had no intent to deceive. In more than 50 years of investigation of fraudulent insurance claims I only once received from an insured an under oath statement that the insured intentionally deceived the insurer and then, not in person, but by correcting false testimony in the transcript of an examination under oath. If fraud or mutual mistake is an issue, insurers and insureds doing business in Oklahoma must resort to courts of general jurisdiction for a determination of contractual rights.[1] In Oklahoma, the Workers’ Compensation court does not have the right to rescind or declare a policy of Workers’ Compensation insurance void. However, where there is a misrepresentation with intent to deceive and the putative insured recognized the materiality of the misrepresentation the insurance policy is void from its inception.[2] In Florida, Florida Statutes (2006), state in pertinent part: any insurance fraud shall void all coverage arising from the claim related to such fraud under the personal injury protection coverage of the insured person who committed the fraud. In harmony with this statutory provision, the fraud provision in an insurance policy set forth: “any insurance fraud shall void all personal injury protection coverage arising from the claim with respect to the insured who committed the fraud” is appropriate and enforceable. [Bosem v. Commerce & Indus. Ins. Co., 35 So.3d 944 (Fla. App., 2010)]

Alberta introduces additional protection for youth in healthcare, education, and sports 🇨🇦 #NoMoreLiberalsAndNDP 🇨🇦 🇨🇦 #SayingTheQuietPartOutLoud 🇨🇦 🇨🇦 #resigntrudeau 🇨🇦 🇨🇦 #JustSayNoMore 🇨🇦 https://tnc.news/2024/11/02/alberta-introduces-additional-protection-for-youth/ via @truenorthcentre