• Is Elon Musk The Real President of The United States? Alex Jones Responds And Warns The Left That It’s Even Worse Than That! https://www.infowars.com/posts/is-elon-musk-the-real-president-of-the-united-states-alex-jones-responds-and-warns-the-left-that-its-even-worse-than-that
    Is Elon Musk The Real President of The United States? Alex Jones Responds And Warns The Left That It’s Even Worse Than That! https://www.infowars.com/posts/is-elon-musk-the-real-president-of-the-united-states-alex-jones-responds-and-warns-the-left-that-its-even-worse-than-that
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  • Depression, Debt, Default & Destruction in 2025 -Martin Armstrong
    https://rumble.com/v61fr42-depression-debt-default-and-destruction-in-2025-martin-armstrong.html
    Legendary financial and geopolitical cycle analyst Martin Armstrong is back with a new round of predictions, and they are not going to make life easy for President Elect Trump. Armstrong says, “Our computer has been projecting that we are going into a depression in some areas and a recession in other areas. A depression most likely in Europe and a recession in the United States up until 2028. . . . At my November conference, everybody was celebrating after Trump won. I stood up and told my clients, ‘I’m sorry, Trump is not going to have a blissful administration, and he’s not going to prevent the economic decline.’ (Please remember, Armstrong predicted Donald Trump would win in a landslide many months before the November 2024 Election.)

    Armstrong goes on to say, “We have a serious, serious problem on a global scale. . . . The sovereign debt crisis is really going to start percolating in 2025. It’s probably going to reach a major crisis by 2026 and 2027. Why? They have dictated all these banks and pension funds . . . 70%, generally, must be invested in government bonds. . . . They say it’s ‘safe,’ but it’s the worst debt possible. . . . So, if the government goes into a sovereign default, what happens? You wipe out the banking system and the pensions.”

    Does Armstrong think the governments around the world are going to go into a sovereign default? Armstrong says, “Oh yeah. How does a government default? We are in this Ponzi Scheme. They have to keep selling new debt to pay off the old debt. . . . When you can’t sell the new debt, that’s when the default happens because you can’t pay off the old debt.”

    What should the average guy do now? Does Armstrong think people should get to the bank and get cash? Armstrong says, “Yes, cash, physical paper money. We just had two hurricanes here in Florida. This idea of Bitcoin and CBDCs are very nice, but what’s the reality? The internet was down for 10 days. A credit card did not work. You wanted something, it was cash only. It was the same in Canada when they froze all the accounts of the truckers. They could not even buy food. Unless you had cash, you were dead in the water. This is why I am saying to have cash in this point in time.” Armstrong still likes physical gold, too.

    Armstrong says the digital currencies that are getting a lot of attention lately are only a control mechanism. Armstrong contends digital money will stop bank runs. Armstrong still thinks the world will be at war by April or May of 2025. Armstrong says watch Turkey with its huge conventional army. Armstrong says Jordan and Lebanon may also be taken over, and like Syria, Turkey will be orchestrating this move. Armstrong says the Middle East is setting up for a major conflict starting in 2025, and there will be destruction. Armstrong also predicts Europe will be on the losing end of the next world war.

    In closing, Armstrong says, “They can’t stop Trump from taking office, but they can delay him with martial law. Martial law has been enacted 60 times in the United States. . . . The neocons are scared to death of Trump and really want to trap him in war before he takes office.”
    Depression, Debt, Default & Destruction in 2025 -Martin Armstrong https://rumble.com/v61fr42-depression-debt-default-and-destruction-in-2025-martin-armstrong.html Legendary financial and geopolitical cycle analyst Martin Armstrong is back with a new round of predictions, and they are not going to make life easy for President Elect Trump. Armstrong says, “Our computer has been projecting that we are going into a depression in some areas and a recession in other areas. A depression most likely in Europe and a recession in the United States up until 2028. . . . At my November conference, everybody was celebrating after Trump won. I stood up and told my clients, ‘I’m sorry, Trump is not going to have a blissful administration, and he’s not going to prevent the economic decline.’ (Please remember, Armstrong predicted Donald Trump would win in a landslide many months before the November 2024 Election.) Armstrong goes on to say, “We have a serious, serious problem on a global scale. . . . The sovereign debt crisis is really going to start percolating in 2025. It’s probably going to reach a major crisis by 2026 and 2027. Why? They have dictated all these banks and pension funds . . . 70%, generally, must be invested in government bonds. . . . They say it’s ‘safe,’ but it’s the worst debt possible. . . . So, if the government goes into a sovereign default, what happens? You wipe out the banking system and the pensions.” Does Armstrong think the governments around the world are going to go into a sovereign default? Armstrong says, “Oh yeah. How does a government default? We are in this Ponzi Scheme. They have to keep selling new debt to pay off the old debt. . . . When you can’t sell the new debt, that’s when the default happens because you can’t pay off the old debt.” What should the average guy do now? Does Armstrong think people should get to the bank and get cash? Armstrong says, “Yes, cash, physical paper money. We just had two hurricanes here in Florida. This idea of Bitcoin and CBDCs are very nice, but what’s the reality? The internet was down for 10 days. A credit card did not work. You wanted something, it was cash only. It was the same in Canada when they froze all the accounts of the truckers. They could not even buy food. Unless you had cash, you were dead in the water. This is why I am saying to have cash in this point in time.” Armstrong still likes physical gold, too. Armstrong says the digital currencies that are getting a lot of attention lately are only a control mechanism. Armstrong contends digital money will stop bank runs. Armstrong still thinks the world will be at war by April or May of 2025. Armstrong says watch Turkey with its huge conventional army. Armstrong says Jordan and Lebanon may also be taken over, and like Syria, Turkey will be orchestrating this move. Armstrong says the Middle East is setting up for a major conflict starting in 2025, and there will be destruction. Armstrong also predicts Europe will be on the losing end of the next world war. In closing, Armstrong says, “They can’t stop Trump from taking office, but they can delay him with martial law. Martial law has been enacted 60 times in the United States. . . . The neocons are scared to death of Trump and really want to trap him in war before he takes office.”
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  • PALESTINE AMBASSADOR TO THE UNITED STATES,
    'YOU HAVE NO MORALS OR JUSTICE !'

    The US is playing the #Criminal protection
    bully for #Israel IN YOUR NAME!!!

    https://old.bitchute.com/video/luubT6GFglJq/
    PALESTINE AMBASSADOR TO THE UNITED STATES, 'YOU HAVE NO MORALS OR JUSTICE !' The US is playing the #Criminal protection bully for #Israel IN YOUR NAME!!! https://old.bitchute.com/video/luubT6GFglJq/
    OLD.BITCHUTE.COM
    Palestine Ambassador to the United States, 'You Have No Morals or Justice !'
    Reservation Politics: the Palestinian experience through the historical monocle of Native Americans - Melancholic Troglodytes https://libcom.org/article/reservation-politics-palestinian-experience-through-historical-monocle-native-americans An h…
    0 التعليقات 0 المشاركات 252 مشاهدة
  • Washington Post admits subjecting children to ‘transgender medicine’ not based on ‘science’
    https://catholicvote.org/washington-post-admits-subjecting-children-to-transgender-medicine-not-based-on-science/

    The failure of scientists to “slowly and systematically” study prescribing children puberty blockers and cross-sex hormones is responsible for both a lack of medical clarity regarding their safety and effectiveness in treating gender dysphoria and the fact that the issue is now before the U.S. Supreme Court, the Washington Post editorial board wrote Sunday.

    The editors of the left-wing media outlet came to their astounding change of heart along with their acknowledgment that the state of Tennessee actually has a “colorable claim” before the High Court in United States v. Skrmetti, the Biden administration’s challenge to the state’s law that protects minors from a profitable and fast-growing “transgender” medical industry.

    The issue of experimental “trans” medical interventions on minors, the WaPo board asserted, “is subject to legal dispute in part because the medical questions have not been properly resolved.”
    Washington Post admits subjecting children to ‘transgender medicine’ not based on ‘science’ https://catholicvote.org/washington-post-admits-subjecting-children-to-transgender-medicine-not-based-on-science/ The failure of scientists to “slowly and systematically” study prescribing children puberty blockers and cross-sex hormones is responsible for both a lack of medical clarity regarding their safety and effectiveness in treating gender dysphoria and the fact that the issue is now before the U.S. Supreme Court, the Washington Post editorial board wrote Sunday. The editors of the left-wing media outlet came to their astounding change of heart along with their acknowledgment that the state of Tennessee actually has a “colorable claim” before the High Court in United States v. Skrmetti, the Biden administration’s challenge to the state’s law that protects minors from a profitable and fast-growing “transgender” medical industry. The issue of experimental “trans” medical interventions on minors, the WaPo board asserted, “is subject to legal dispute in part because the medical questions have not been properly resolved.”
    CATHOLICVOTE.ORG
    Washington Post admits subjecting children to ‘transgender medicine’ not based on ‘science’
    The failure of scientists to “slowly and systematically” study prescribing children puberty blockers and cross-sex hormones is responsible for both a lack
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  • At one time the Left successfully employed Saul Alinsky's Rules for Radicals against us, but now we've turned the tables on them. Alinsky's fifth rule states that ridicule is man’s most potent weapon and the sixth rule declares that a good tactic is one your people enjoy.
    Conservatives are getting a great deal of enjoyment out of using man’s most potent weapon to mock some of the worst people in the country.
    https://www.americanthinker.com/blog/2024/12/leftist_laughingstocks.html
    At one time the Left successfully employed Saul Alinsky's Rules for Radicals against us, but now we've turned the tables on them. Alinsky's fifth rule states that ridicule is man’s most potent weapon and the sixth rule declares that a good tactic is one your people enjoy. Conservatives are getting a great deal of enjoyment out of using man’s most potent weapon to mock some of the worst people in the country. https://www.americanthinker.com/blog/2024/12/leftist_laughingstocks.html
    WWW.AMERICANTHINKER.COM
    Leftist laughingstocks
    One thing that never gets old is watching leftists go after each other like the Kilkenny cats. Dan Bongino frequently reminds us that leftism is cannibalistic. Their modus operandi is to divide society into groups and turn them against one another. A...
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  • RICK MIRACLE VIDEO LIBRARY #1156,
    UFO UAP FOOTAGE FROM NEW JERSEY ITS MAN MADE


    You SHOULD already know about the "Smith-Mundt Act" that was changed under the Barry Soetoro Administration.... From an act that prohibited #Propaganda to be used against the American People....

    Into an act that AUTHORIZED PROPAGANDA AGAINST THE AMERICAN PEOPLE! This is why all this BS is happening!

    The people who signed that "Act" should be EXECUTED as #Traitors!
    ANYONE who uses Propaganda against the American People should go to prison at the very least!

    But YOU TOLERATED IT!
    So now it's an every day thing!

    The "United States" is nothing more than a #Corrupt #Corporation!
    And it's time for ALL OF YOU to stop "Consenting" to being ruled by them!

    Nothing will ever change because you are PROPERTY as long as you CONSENT!
    When you "vote" or pay taxes or call yourself a "citizen" you are CONSENTING!

    Consenting to being the CHATTEL PROPERTY of psychopaths and #Criminals who will use PROPAGANDA on you, and will #Genocide your ass too!


    https://old.bitchute.com/video/GenU5caf04ZB/
    RICK MIRACLE VIDEO LIBRARY #1156, UFO UAP FOOTAGE FROM NEW JERSEY ITS MAN MADE You SHOULD already know about the "Smith-Mundt Act" that was changed under the Barry Soetoro Administration.... From an act that prohibited #Propaganda to be used against the American People.... Into an act that AUTHORIZED PROPAGANDA AGAINST THE AMERICAN PEOPLE! This is why all this BS is happening! The people who signed that "Act" should be EXECUTED as #Traitors! ANYONE who uses Propaganda against the American People should go to prison at the very least! But YOU TOLERATED IT! So now it's an every day thing! The "United States" is nothing more than a #Corrupt #Corporation! And it's time for ALL OF YOU to stop "Consenting" to being ruled by them! Nothing will ever change because you are PROPERTY as long as you CONSENT! When you "vote" or pay taxes or call yourself a "citizen" you are CONSENTING! Consenting to being the CHATTEL PROPERTY of psychopaths and #Criminals who will use PROPAGANDA on you, and will #Genocide your ass too! https://old.bitchute.com/video/GenU5caf04ZB/
    OLD.BITCHUTE.COM
    RICK MIRACLE VIDEO LIBRARY #1156, UFO UAP FOOTAGE FROM NEW JERSEY ITS MAN MADE
    video found at: https://old.bitchute.com/video/cFMt6P5bOJGj/ Richie From Boston does it again! Thank You Richie https://gogetfunding.com/2024-fund-to-manufacture-books/ https://www.facebook.com/profile.php?id=100008311954642 http://rickmir…
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  • DUMMY TYRANNY: WE'LL ARREST YOU NOW AND FIGURE IT OUT LATER

    #Police are dumber than a box of rocks!

    I mean, I say that...
    But they are PLENTY SMART & DEVIOUS when trying to jam you up!

    It is more like they are inherently #Evil
    They ENJOY ruining lives and economically terrorizing the rest of us!
    They ENJOY their perceived "Authority" over other Americans,
    no matter how illegitimate it is!

    And I have to tell you...
    Police CHECK EVERY BOX ON THIS LIST!
    Things which YHWH HATES!

    Proverbs 6

    16 These six things doth the LORD hate: yea, seven are an abomination unto him:

    17 A proud look, a lying tongue, and hands that shed innocent blood,

    18 An heart that deviseth wicked imaginations, feet that be swift in running to mischief,

    19 A false witness that speaketh lies, and he that soweth discord among brethren.


    I really want everyone to realize that when you participate in "The System" of
    "Maritime Admiralty Law" that the #Corporation of the United States operates under
    YOU ARE PARTICIPATING IN #SATAN'S SYSTEM!

    When you give your CONSENT by "voting" to remain a #Slave...
    When you CONSENT to live under their unlawful "Statutes and Codes"...
    When you CONSENT to being a SLAVE by paying "taxes"...
    When you CONSENT to believing in #NASA's fictional tales...

    ALL OF THESE THINGS put you squarely inside of Satan's Kingdom on Earth!
    It is time to REVOKE YOUR CONSENT!
    And live by YHWH's LAWS!

    Throw man's statutes and codes out the window!
    Break the chains of your slavery to other MEN...

    STOP worshiping Satan's worthless paper "Notes of DEBT" and the #Bankers who peddle it. STOP allowing people with nothing more than a PRINTING PRESS to control the entirety of creation!

    There are 8 BILLION PEOPLE on this earth...
    And it is time to stop CONSENTING to being ruled by the clever POS who printed up the MONOPOLY MONEY that has allowed them to STEAL everything on earth!

    It is time to be a MAN!
    It is time to stop allowing the 10% of the population calling itself "government" to run roughshod over the rest of us and steal our shit, and cage us at will!

    https://old.bitchute.com/video/3581pIoeVCM/
    DUMMY TYRANNY: WE'LL ARREST YOU NOW AND FIGURE IT OUT LATER #Police are dumber than a box of rocks! I mean, I say that... But they are PLENTY SMART & DEVIOUS when trying to jam you up! It is more like they are inherently #Evil They ENJOY ruining lives and economically terrorizing the rest of us! They ENJOY their perceived "Authority" over other Americans, no matter how illegitimate it is! And I have to tell you... Police CHECK EVERY BOX ON THIS LIST! Things which YHWH HATES! Proverbs 6 16 These six things doth the LORD hate: yea, seven are an abomination unto him: 17 A proud look, a lying tongue, and hands that shed innocent blood, 18 An heart that deviseth wicked imaginations, feet that be swift in running to mischief, 19 A false witness that speaketh lies, and he that soweth discord among brethren. I really want everyone to realize that when you participate in "The System" of "Maritime Admiralty Law" that the #Corporation of the United States operates under YOU ARE PARTICIPATING IN #SATAN'S SYSTEM! When you give your CONSENT by "voting" to remain a #Slave... When you CONSENT to live under their unlawful "Statutes and Codes"... When you CONSENT to being a SLAVE by paying "taxes"... When you CONSENT to believing in #NASA's fictional tales... ALL OF THESE THINGS put you squarely inside of Satan's Kingdom on Earth! It is time to REVOKE YOUR CONSENT! And live by YHWH's LAWS! Throw man's statutes and codes out the window! Break the chains of your slavery to other MEN... STOP worshiping Satan's worthless paper "Notes of DEBT" and the #Bankers who peddle it. STOP allowing people with nothing more than a PRINTING PRESS to control the entirety of creation! There are 8 BILLION PEOPLE on this earth... And it is time to stop CONSENTING to being ruled by the clever POS who printed up the MONOPOLY MONEY that has allowed them to STEAL everything on earth! It is time to be a MAN! It is time to stop allowing the 10% of the population calling itself "government" to run roughshod over the rest of us and steal our shit, and cage us at will! https://old.bitchute.com/video/3581pIoeVCM/
    OLD.BITCHUTE.COM
    DUMMY TYRANNY: We'll ARREST You NOW and FIGURE it OUT LATER
    🔴 Grab a SHIRT: http://bit.ly/HighImpactFlix-Merch Become a Channel member: https://www.youtube.com/channel/UCTSYXSwbauRs79G1skOCzIw/join Support the channel: ⭐ Patreon: https://www.patreon.com/highimpactflix ✅ CashApp: https://cash.app/$HighImpa…
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  • America’s Greatest Military Disaster: St. Clair’s Defeat at the Battle of the Wabash
    In this gripping documentary, we delve into the catastrophic defeat suffered by the United States under General Arthur St. Clair during the Battle of the Wabash in 1791. Often regarded as the worst loss in American military history before the Civil War, St. Clair's forces faced a devastating defeat at the hands of a confederation of Native American tribes. Despite being heavily outnumbered, the Native American warriors under the leadership of Little Turtle and Blue Jacket delivered a crushing blow, killing over 600 U.S. soldiers. This battle set the stage for future U.S. military reform and retribution in the Northwest Territory. Join us as we explore the strategy, the mistakes, and the historical significance of St. Clair's Defeat, an event that would shape the early history of the United States.
    https://www.youtube.com/watch?v=BoI1Cmx6wiQ
    America’s Greatest Military Disaster: St. Clair’s Defeat at the Battle of the Wabash In this gripping documentary, we delve into the catastrophic defeat suffered by the United States under General Arthur St. Clair during the Battle of the Wabash in 1791. Often regarded as the worst loss in American military history before the Civil War, St. Clair's forces faced a devastating defeat at the hands of a confederation of Native American tribes. Despite being heavily outnumbered, the Native American warriors under the leadership of Little Turtle and Blue Jacket delivered a crushing blow, killing over 600 U.S. soldiers. This battle set the stage for future U.S. military reform and retribution in the Northwest Territory. Join us as we explore the strategy, the mistakes, and the historical significance of St. Clair's Defeat, an event that would shape the early history of the United States. https://www.youtube.com/watch?v=BoI1Cmx6wiQ
    0 التعليقات 0 المشاركات 372 مشاهدة

  • USAA Punished for it Claims Handling

    Punitive Damages Should be Awarded With Caution and Within Narrow Limits

    Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts.

    Posted on December 19, 2024 by Barry Zalma

    DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH

    Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes.
    FACTS

    Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood.

    The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages.

    In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims.

    The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error.

    Trial

    To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding.

    Punitive Damages

    Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights.

    Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced.

    USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here.

    The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell.

    A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees.

    CONCLUSION

    In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid.

    ZALMA OPINION

    This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA.

    In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here.

    (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
    USAA Punished for it Claims Handling Punitive Damages Should be Awarded With Caution and Within Narrow Limits Read the full article at https://www.linkedin.com/pulse/usaa-punished-claims-handling-barry-zalma-esq-cfe-nbp2c, see the full video at and at and at https://zalma.com/blog plus more than 4950 posts. Posted on December 19, 2024 by Barry Zalma DISPUTE OVER HURRICANE DAMAGES RESULTS IN MAJOR PUNITIVE DAMAGES FOR BAD FAITH Although he Mississippi Supreme Court recognized the need to only award punitive damages with caution and within narrow limits, it did not limit its award in accordance with that maxim. After almost 19 years of litigation the last appeal resolved the various disputes. FACTS Hurricane Katrina destroyed Paul and Sylvia Minor’s home on August 29, 2005. The Minors had a homeowner’s insurance policy with United Services Automobile Association (USAA). The USAA policy covered damage caused by wind but excluded damage caused by storm surge or flood. The Minors reported their loss with USAA, which resulted in a years-long coverage dispute. USAA ultimately issued payments for damage it concluded was caused by wind but not for damage it concluded was caused by storm surge or flood. The Minors maintained that they suffered a total loss caused by wind and demanded that USAA pay the policy limits. The case proceeded to trial in 2013, and the jury awarded the Minors $1,547,293.37 in compensatory damages. In United Services Automobile Association v. Estate Of Sylvia F. Minor, Kathryn Minor and Stephen Minor, No. 2023-CA-00049-SCT, Supreme Court of Mississippi, En Banc (December 5, 2024) resolved the bad faith claims. The issue was ultimately presented to a jury. The jury awarded the Minors $10,000,000 in punitive damages and $457,858.89 in extra-contractual damages (solely attorneys’ fees). USAA appealed, raising several assignments of error. Trial To establish its bad faith claim, the Minor Estate introduced various USAA documents, including (1) portions of the USAA underwriting file; (2) the confidential email regarding (a) the engineer’s March 2006 findings and (b) Bergstrom’s conclusion that USAA would be responsible for paying for all the windows and the contents in rooms with windows; and (3) USAA’s letter to the Minors in June 2006 indicating the majority of damage was due to flooding. Punitive Damages Punitive damages are considered an ‘extraordinary remedy’ and should be awarded ‘with caution and within narrow limits.'” The Supreme Court found that the evidence presented at trial demonstrates a type of conduct for which punitive damages were designed. The Minor Estate provided sufficient proof that USAA acted in bad faith, with complete disregard for the Estate’s rights. Whether The $10 Million Punitive Damages Award Should Be Reversed Or, Alternatively, Reduced. USAA alternatively argues that the $10 million verdict should be reduced because it claims that the damages award is a 22:1 ratio and therefore unconstitutionally disproportionate to the extra-contractual damages awarded ($457,858.89). USAA relies on State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 1524, 155 L.Ed.2d 585 (2003), which states that “[s]ingle-digit multipliers are more likely to comport with due process.” USAA argued that a 1:1 ratio should apply to the damages award here. The Supreme Court found that punitive damages is less than seven times the amount of compensatory damages, which it concluded clearly falls within the guideline provided in Campbell. A punitive damages award not only serves as a deterrent, it also compensates the plaintiff for its public service in bringing the action. The Supreme Court found the trial court’s decision to force the Minor Estate to use nearly half of its award to pay attorneys’ fees does not adequately compensate the Estate for bringing this action against USAA for its bad faith conduct in handling the Minors’ insurance claim from 2005. Therefore, the Supreme Court concluded that the trial court erred by denying the Estate’s post-trial motion for attorneys’ fees. CONCLUSION In sum, the trial judge did not err as a matter of law by submitting the issue of punitive damages to jury, and the $10 million award of punitive damages is not unconstitutionally disproportionate. The Supreme Court affirmed the jury verdict awarding the Minor Estate $10 million in punitive damages and $457,858.89 in extra-contractual damages as to attorneys’ fees and reverse the judgment of the trial court and render attorneys’ fees on behalf of the Estate in the amount of $4,500,000, plus post-judgment interest at an annual rate of 4 percent from October 3, 2022, the date of judgment, until paid. ZALMA OPINION This case that dragged on through the courts of Mississippi for 19 years and resulted in compensatory damages based upon an interpretation finding coverage for the estate and that the insurer’s conduct was so egregious that the estate was entitled to tort damages plus punitive damages many times more than the compensatory damages. The Supreme Court astonishingly concluded that punitive damages were not limited to punishing the insurer but were payment to the estate for its action on behalf of everyone in the state of Mississippi and that they should not be required to pay their lawyers but that payment should come from the insurer as part of its punishment. The Supreme Court ignored the fact that as a result the estate must pay income taxes on the punishment damages since they are not designed to make the insured whole and punished each member and insured of USAA. In my opinion it’s time the courts of the USA do away with the tort of bad faith to avoid excessive judgments and allow contract disputes to be enlarged into a major amount of punishment for an insurer who rejected a claim based on interpretation of contract terms and the facts of a loss, like this case. In that regard see my book, It’s Time to Abolish The Tort of Bad Faith Available as a paperback here. Available as a Kindle book here. (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
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