Appear for a Scheduled EUO or Lose Failure to Honor Conditions Precedent Voids Coverage in New York Post 4937 Read the full article at https://www.linkedin.com/pulse/appear-scheduled-euo-lose-barry-zalma-esq-cfe-gvkec/, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. State Farm contended that it is entitled to summary judgment because of the failure to appear for examination under oath (EUO) by multiple defendants. State Farm contended that timely notices were properly mailed to the Claimants who failed to appear. In State Farm Mutual Automobile Insurance Company v. Alford A. Smith, M.D., et al, 2024 NY Slip Op 33802(U), Index No. 155607/2020, Motion Seq. No. 003, Supreme Court, New York County, Appellate Division (October 24, 2024) court ruled in favor of State Farm. The Supreme Court of New York County ORDERED that the plaintiff, State Farm Mutual Automobile Insurance Company’s (“State Farm/Plaintiff’), motion for summary judgment was GRANTED against defendants, Alford A. Smith, M.D., P.C., and the multiple other defendants who are doctors, chiropractors and other health services, (hereinafter collectively (“The Defendants”). FACTS The Supreme Court found that the EUO scheduling letters were timely requested and claimants failed to appear at that EUO. The documentary evidence showed that plaintiff sent the EUO scheduling letters to the claimants within 15 business days of receiving the prescribed verification forms as required by New York statute. FRAUD, FAILURE TO APPEAR FOR EUO & FAILURE TO SIGN TRANSCRIPT ARE BREACHES OF MATERIAL CONDITION PRECEDENT The Appellate Division upheld the Supreme Court’s ruling that the failure to appear for an EUO that was requested in a timely fashion by the insurer is a breach of a condition precedent to coverage and voids the policy ab initio. In addition, although claimant Griselda Torres unlike the other defendants, appeared for her EUO, Torres failed to return a subscribed copy of her EUO transcript. State Farm properly and effectively argued that appearing for and testifying at EUO and returning the transcripts of the EUO are conditions precedent to coverage and failure to sign and return the transcript warranted a denial of the claims. State Farm demonstrated in its motion and supporting evidence that multiple claimants breached a condition precedent to coverage by failing to appear for properly noticed EUOs on two separate occasions. Furthermore, claimant Griselda Torres’ failure to subscribe and return the transcript of her EUOsviolated a condition precedent to coverage and warranted denial of the claims. Moreover, there was nothing on the Court’s record to suggest that the scheduled EUOs were not justified, nor held at a place and time that was not reasonably convenient to the defendants. CONCLUSION State Farm’s motion seeking summary judgment in its favor was GRANTED as to THE multiple defendants and it was further ORDERED that any requested relief sought not expressly addressed herein has nonetheless been considered; and it was further ORDERED that the case shall continue against the remaining defendants; and it was further ORDERED that within 30 days of entry, plaintiff shall serve a copy of this decision/order upon the defendants with notice of entry. ZALMA OPINION The defendants in this case were doctors, physicians, chiropractors and other health care providers who billed State Farm for services provided to people who were injured in automobile accidents and assigned their rights to the providers who tried to collect their billings without complying with the EUO condition. They all lost their claims because they refused to appear except one defendant who appeared but failed to sign the transcript of the EUO and return it to State Farm. They all lost their claims and State Farm will continue its actions against many more defendants not subject to the motion. (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

Got pain? Inflammation? Wounds? COVID? Cold? Flu? Do you feel the onslaught of EMF-induced inflammation and disease? Grab the most powerful biblical oils for fast relief! Use promo code TIM20 and save! https://www.biblehealingoil.com/pages/tim20 #everyone

https://thewashingtonstandard.com/live-from-western-north-carolina-update-on-relief-efforts-video/

https://settingbrushfires.com/live-from-western-north-carolina-update-on-relief-efforts-video/

Democrats Provide Great Comic Relief Following Loss https://new.americanprophet.org/democrats-provide-great-comic-relief-following-loss/

UNWRA was formed in 1949 to provide aid to about 750,000 Palestinians who were displaced when the state of Israel was founded in 1948, an ethnic cleansing known to the Palestinians as the “Nakba.” Today, Israeli ministers are calling for a new Nakba in Gaza to pave the way for Jewish settlements, and the Israeli military is currently imposing a starvation siege on northern Gaza to forcibly displace hundreds of thousands of civilians. https://news.antiwar.com/2024/10/28/israeli-knesset-passes-bill-to-ban-un-palestinian-relief-agency/#gsc.tab=0

https://thewashingtonstandard.com/whats-really-happening-with-relief-efforts-in-the-appalachians/

The Atlantic has put out an article that Kamala may need to steal the election in order to save democracy. So subvert democracy like she and Obama did by removing Joe Biden and install her with zero votes. Thoughts on this? How dangerous is this when over 50% of the country worries about free and fair elections and about 100% of MAGA voters believe elections aren’t fair? Last week Trump set a record on Polymarkets betting site by having a 10 point lead over Kamala. Today it rose to 16 point lead. Why do you think Trump is gaining so much momentum even as Kamala is now doing more and more interviews? Time Magazine cover Speaker Mike Johnson said FEMA has distributed only 2% of the billions of dollars allocated for disaster relief by Congress, after Secretary Mayorkas stated earlier this month that the organization lacks adequate funds to manage disaster relief for the remainder of hurricane season. Last night on my daily show I asked if my listeners believed Trump would take action to correct the border on day one. I’ve never seen such a positive response. Today Trump announced a plan to hire 10,000 new Border Patrol agents and said he “will be asking Congress to immediately approve a 10% raise for all agents, along with a $10,000 retention and signing bonus. DHS Secretary Alejandro Mayorkas says that Americans should “condemn the rhetoric” suggesting that the Biden/Harris administration would “intentionally allow individuals to cross the border illegally to vote.” Kamala Harris got no votes when she ran for president in 2020. She got not primary votes when she ran for president in 2024. The only thing that has really changed is she now has a tracked record that made life more expensive for most Americans and made the country less safe due to the number of illegals that have or had committed crimes now running around in the country. Can she win even with billions being spent to make her look good.

https://arthritistreatment.one/heal-soothe-natural-pain-relief This is better than Morphine for Joint Pain! One of the best overall arthritis, arterial plaque, cerebral plaque, and tissue repair nutrients on the planet. I use these regularly and, in my sixties, I still have perfect joints! Heal and Soothe Systemic Enzymes are one of the most important natural health and natural healing supplements you will ever try. Systemic enzymes are effective in relieving and preventing chronic inflammation in all tissues! It is highly beneficial for keeping your arteries, blood vessels, organs and joint tissues obstruction free with complete tissue elasticity and movement. They also significantly help your digestive system, colon, break up scar tissue and blood clots inside your body. The first step to healing from chronic inflammation anywhere in your body, particularly arthritis joint pain is to clean up the damage (bone spurs, fibrin and scar tissue) that is causing your pain and joint stiffness. Systemic Enzymes do this and help your body dissolve impacted matter in your veins and digestive system! #arthritis #jointpain #enzymes #inflammation #bloodclots

FEMA: Disaster Relief No Longer About Emergency Response, It's About 'Disaster Equity' https://www.zerohedge.com/political/fema-disaster-relief-no-longer-about-emergency-response-its-about-disaster-equity?utm_source=daily_newsletter&utm_medium=email&utm_campaign=3199 The Federal Emergency Management Agency (FEMA) is supposed to be the government’s premier emergency relief organization in times of disaster, like the situation now faced by victims of Hurricane Helene’s aftermath in North Carolina and Tennessee. But according to the FEMA website, the agency now places higher priority on instituting Diversity, Equity and Inclusivity guidelines than on easing the suffering of Americans displaced by disaster. We just released our 2022-2026 Strategic Plan. “We will remain focused on increasing equity in our programs & policies, leading resilience in a changing climate and strengthening the emergency management workforce."-- @FEMA_Deanne Read it here: https://t.co/pB2xz1zZ32 https://t.co/u3ww7ofhu8 pic.twitter.com/kuTOhskcSA — FEMA (@fema) December 9, 2021 Among the goals listed in FEMA’s strategic plan are to: Instill equity as a foundation for emergency management Lead whole of community in climate resilience Promote and sustain a ready FEMA & prepared nation What does that look like in action?