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)]

Permanent Punishment for Conviction for One Ounce of Cocaine Improper Government Overreach and Abuse Reversed Post 4927 Read the full article at https://www.linkedin.com/pulse/permanent-punishment-conviction-one-ounce-cocaine-zalma-esq-cfe-geq1c, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. After Recovery From Cocaine Abuse Dr. Regained License to Practice CMS Refused to Allow Dr. White to Bill Medicare for Services Dr. Stephen White challenged two unfavorable decisions made by the Secretary for the United States Department of Health and Human Services (the “Secretary”) that denied and revoked his Medicare enrollment. The decisions, rendered by the Appellate Division of the Departmental Appeals Board (“Board”), were based on Dr. White’s 2010 guilty plea and deferred prosecution for possession of less than 1 gram of cocaine, which occurred in Texas in 2007. In Stephen White, M.D. v. Xavier Becerra, Secretary for the United States Department of Health and Human Services, No. 2:19-CV-00037-SAB, United States District Court, E.D. Washington (October 28, 2024) the USDC applied entered a judgment reversing the decision of the Secretary [42 U.S.C. § 405(g).] SUMMARY JUDGMENT Summary judgment is appropriate if the movant shows that there is no genuine dispute as to any material fact. BACKGROUND Dr. White is an orthopedic surgeon. In 2006 and 2007, he was arrested and charged with possession of cocaine in Texas. He was able to rehab and become clean of his problem with the drug. The Texas Medical Board revoked his license, but then monitored his recovery and compliance and allowed him to practice again. Dr. White had no violations for nine years following his arrest. He is currently practicing medicine in Washington state and is an enrolled Medicare supplier. The Administrative Law Judge (ALJ) sustained the denial, finding that CMS had a legitimate basis because Dr. White was convicted of a felony offense. The Board affirmed the ALJ’s decision and Dr. White appealed that decision to the USDC. OVERVIEW OF MEDICARE PROGRAM The Medicare program provides health insurance benefits to people sixty-five years old or older and to eligible disabled persons. Suppliers, such as Dr. White, must be enrolled in the Medicare program and be granted billing privileges to be eligible to receive payment for care and services rendered to a Medicare-eligible beneficiary. DENIALS CMS may deny a supplier’s enrollment for any reason stated in federal statutes that allow that CMS may deny a provider’s or supplier’s enrollment in the Medicare program for the some of the following reasons: Felonies such as insurance fraud and similar crimes. REVOCATIONS The ALJ found CMS had a legitimate basis because White was convicted of a felony offense that CMS determined to be detrimental to the bests interest of the Medicare program and its beneficiaries. Dr. White’s presented equitable arguments to the ALJ that 1 he self-reported and was not practicing; 2 using his self-report to deny would encourage other physicians to not self-report, 3 he has fully complied with the terms of the modified license, and eventually he was allowed to practice medicine without limitations. The Board affirmed the ALJ’s decision, upholding CMS’ denial of Dr. White’s Medicare enrollment and rejected Dr. White’s argument that the timing of the revocation action by CMS was clearly retaliatory and intended to apply pressure on Dr. White for additional monetary penalties. ANALYSIS The USDC found CMS’ decisions to deny Dr. White enrollment in Medicare and revoke his privileges, and the subsequent Board’s affirmations were arbitrary and capricious and not supported substantial evidence. CMS did not have a legitimate reason to deny enrollment or revoke because the record does not support CMS’ assertions that Dr. White’s 2010 conviction for simple possession of a small amount of cocaine was detrimental to the best interest of the Medicare program and its beneficiaries. The USDC understood the deference it owed to administrative agencies as they adjudicate numerous complex cases before them. Yet, a court may not simply act as a rubber stamp for agency decisions. Because CMS failed to provide a reasonable basis for denying Dr. White his enrollment in Medicare or revoking his Medicare privileges, the decision of the Secretary is reversed. ZALMA OPINION A doctor should never get involved or addicted to illegal substances like Cocaine. The Fact that a doctor self reports his involvement with the drug, was rehabilitated, clean for nine years, and practices medicine legally, does not pose a danger to Medicare as do those doctors who are arrested every year for fraud. The decision of Becerra, the ALJ and the Board was clearly retaliatory and abusive and the USDC had no choice but to reverse the Board and let the doctor continue to practice medicine and charge Medicare for his services. Overreach by the administrative agency was stopped by the court. (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

Judicial Watch sues Oregon to force state to remove ineligible voters from voter rolls https://justthenews.com/nation/states/judicial-watch-sues-oregon-force-state-remove-ineligible-voters-voter-roll The lawsuit targets Oregon Secretary of State LaVonne Griffin-Valade, and claims the state has the "highest known inactive registration rate of any state in the nation," according to Judicial Watch. Conservative watchdog Judicial Watch on Wednesday announced a lawsuit against the state of Oregon, that would force it to remove ineligible voters from its voter rolls, as mandated by the National Voter Registration Act. The voting act requires states to make a "reasonable effort" to remove voters who have either died or changed residences from their voter rolls. The voters are removed if they fail to respond to address confirmation notices, and do not vote in two consecutive federal general elections. The lawsuit targets Oregon Secretary of State LaVonne Griffin-Valade, and claims the state has the "highest known inactive registration rate of any state in the nation," according to a Judicial Watch news release. The lawsuit alleges that 29 of the state's 36 counties have removed few or no voter registrations, and that the state has registration rates exceeding 100%. “Dirty voter rolls can mean dirty elections,” Judicial Watch President Tom Fitton said in a statement. “Oregon has among the dirtiest voting rolls in America and needs to clean them up ASAP!” Judicial Watch has led other efforts to clean up voter rolls in New York, California, Pennsylvania, Colorado, North Carolina, Kentucky and Ohio. Altogether the efforts have resulted in the purging of up to four million ineligible voters, the group said. Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.

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

Breaking: Fluoride in Water Poses ‘Unreasonable Risk’ to Children, Federal Judge Rules https://www.infowars.com/posts/breaking-fluoride-in-water-poses-unreasonable-risk-to-children-federal-judge-rules

Is It Even Possible To Get Back To ‘E Pluribus Unum’? I pen this after both the second assassination attempt on former President and current presidential candidate Donald Trump and listening to a monologue by establishment Democrat Chris Cuomo. In listening to Cuomo’s words – and I by no means agree with his political philosophy as I do believe myriad statements by the elected Left fomented the targeting of Trump – I believe the meat of his intent is absolutely correct. The division in the United States – and quite frankly, in the whole of the free world – is so extreme that it isn’t unreasonable to ask if societal cohesiveness can ever be achieved again. It’s always been a work in progress and always will be. But as it stands today, the ideological gulf that exists between opposing factions in our society is enormous, and, in my educated opinion, it is manufactured by the elite for the elite.

The 4th Amendment ~ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ... https://www.youtube.com/watch?v=udnJlqhvs3Q

John H. Bryan - Karen Cop Detains Couple 90 MINUTES! https://thecivilrightslawyer.com/2024/09/06/you-were-at-the-gas-station-an-abnormal-amount-of-time-karen-cop-detains-couple-90-minutes/ #TetonCounty #Idaho #PoliceMisconduct #ReasonableSuspicion #TerryFrisk #FirstAmendment #FourthAmendment #SearchAndSeizure #WarOnDrugs #CivilRights #ConstitutionalLaw #Law

As ALWAYS, it is the fake #Jews and #Bankers, #Rothschild of course! This is NOT a state secret folks! The genocidal Kalergi plan to destroy the indigenous nations and peoples of Europe These people have TOLD YOU what they plan to do, and now that they are DOING IT, they will DENY IT! Just like these fake Jews ALWAYS DO! They do the same thing with #Chemtrails! "Yes, we made it rain in Dubai. And we currently hold 384 patents for "weather modification." And as long as it's THEM talking about it, it's okay! As soon as YOU talk about it they cry "Conspiracy Theory" And unfortunately.... a lot of people have no more sense than a box of wet rocks and believe those LIES, despite the people having said as much as national television, in books and movies and magazines etc! What you are seeing is being funded by YOUR ENEMY and #Satan's servants, the bankers and Rothschilds, and fake Jews And as soon as you point out WHAT THEY, THEMSELVES SAID, they will cry "Antisemitism" like they always do! It's amazing that people buy into their BS any longer, but they do I have not read the entire article, but it appears to be truthful at a glance... use YOUR OWN DISCERNMENT AS YOU ALWAYS SHOULD! KALERGI PLAN: What everyone needs to know The genocidal Kalergi plan to destroy the indigenous nations and peoples of Europe by cymrusofren The hot potato of immigration – a perfectly reasonable debate for citizens of any country to have but one that many from all political persuasions are often unable to have without resorting to hysteria and polarisation. Natural and sustainable immigration happens organically. Economic immigrants, whether legal or not, can’t be blamed or demonised for looking for a better quality of life. And genuine asylum seekers who escape war zones and civil wars created by any aggressor including western/Nato countries should expect our sympathy and help and be given refuge in the nearest safe country or countries as set out in international law. But it isn’t that simple. Sadly there are political leaders and planners who seek to create and use mass immigration and the forced movement of people for their own nefarious purposes. Not many people have heard of the The Kalergi Pan European plan for Europe. In the 1920s, Free Mason Count Richard von Coudenhove-Kalergi wrote a book titled “Praktischer Idealismus,” (Practical Idealism) which set out his views on how he believed the abolition of the right of self-determination and the elimination of European nations should be accomplished with the formation of an European Union. https://themillenniumreport.com/2018/05/kalergi-plan-what-everyone-needs-to-know/

Missouri judge overturns murder conviction of man imprisoned for over 30 years Sengheiser, in his ruling, wrote that the “Circuit Attorney has made a clear and convincing showing of ‘actual innocence’ that undermines the basis for Dunn’s convictions because in light of new evidence, no juror, acting reasonably, would have voted to find Dunn guilty of these crimes beyond a reasonable doubt.” Dunn’s attorney, Midwest Innocence Project Executive Director Tricia Rojo Bushnell, said she was “overjoyed” by the judge’s ruling. Despite both of the supposed "witnesses" recanting their LIES.... The #Criminals of the Maritime Admiralty Law Court STILL want to destroy a man's life! I'd like to choke them out with my bare hands! The Missouri Attorney General’s Office opposed the effort to vacate Dunn’s conviction. Lawyers for the state said at the May hearing that initial testimony from two boys at the scene who identified Dunn as the shooter was correct, even though they later recanted as adults. “That verdict was accurate, and that verdict should stand,” Assistant Attorney General Tristin Estep said at the hearing. Spokesperson Madeline Sieren said the Attorney General’s Office will appeal. https://www.kosu.org/u-s-news/2024-07-23/missouri-judge-overturns-murder-conviction-of-man-imprisoned-for-over-30-years