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

YOU THINK THINGS ARE BAD NOW? WAIT TILL THE COPS SHOW UP! It's all fun and games until #Enforcers from the #Corporation of the United States show up! What you call "government" is nothing more than a #Criminal CORPORATION... And the #Police are it's "POLICY ENFORCERS" This is a FACT folks! The #Courts are operating under "Maritime Admiralty Law" and ONLY have #Jurisdiction over the "Legal Fiction" the state created the day you were born! (Your birth certificate) They have no jurisdiction over a living MAN or WOMAN! ONLY over the dead CORPORATION they created and duped YOU into "representing" as if it were you! IT'S NOT! And while this certainly IS a #CriminalConspiracy" it's NOT a "Conspiracy Theory" because it's a FACT, and not theoretical at all https://old.bitchute.com/video/M3fBOrMep94/

A child in the FIRST GRADE has so much left to learn about LIFE and about surviving in this world! The child needs to learn so much. The child needs to learn the #Truth about how to stay healthy, how to avoid danger, how to earn a living, how to add and subtract,how to read and write his name..... But instead of teaching this child ANY OF THESE REAL WORLD SKILLS THAT HE WILL USE DAILY.... The child will be led into the classroom, seeing the #Globe on his teacher's desk FIRST THING, and then his VERY FIRST ASSIGNMENT will typically be learning of the purely THEORETICAL "Solar System." An UNPROVEN THEORY that directly contradicts the word of YHWH and the child's bible about the LIGHTS IN THE SKY that the child will NEVER interact with, never need to interact with, and has no effect on the child's life whatsoever... with the exception of enjoying their beauty and the light they provide on his earth WHY would this be the VERY FIRST THING YOU TEACH A 6 YEAR OLD CHILD????? Perhaps because you are brainwashing the child into a belief system that goes against all of creation AND the word of Yah??? Perhaps you are indoctrinating this child into an ancient Babylonian SUN #CULT that has existed since before the bible was written... Perhaps you are being funded by a Luciferian, if not the seed of the Devil himself, who gets to choose the curriculum taught to children because he is wealthy beyond belief. Wealthy because he has enslaved the entire world by printing up worthless pieces of paper and convinced humanity that they have value, when in truth it is simply a system of Satanic control! Ever consider THAT??? It is likely the very SAME Luciferian that provides the TEXTBOOKS at BELOW COSTS to assure that he gets to provide the information that EVERY CHILD IN AMERICA must learn! This way he never has any competition... Because most publishers want to at least make a nickel per book... But this Luciferian does not WANT money.... He prints his own money already! What he wants is CONTROL OVER THE MINDS OF CHILDREN! He wants to be certain that children are taught Luciferian doctrines And he wants these children taught WHAT TO THINK..... And not HOW TO THINK! The #Schools in America are for the purposes I mentioned above... THERE IS NO QUESTION... This is all factual! It should be painfully obvious to people, but those people had their own minds usurped by this demonic indoctrination center! You are being "Educated" how to be a "Good little #Slave" with some Luciferian, anti-bible doctrines mixed in, and nothing more. I don't know how else to spell it out for you! I hope that you will at least ponder, and look into what I have told you, it is all factual and true

The Onion (America’s Finest News Source) Buys Infowars, conspiracy with theory websites, Founded in 1999 on the heels “pandemonium” InfoWars distinguished against governments controlling the masses, nutrition hacks, https://theonion.com/heres-why-i-decided-to-buy-infowars/ Published: November 14, 2024

I dont know how many people here were Linkin Park fans before Chester Bennington was killed but they are back with a new singer (female) and I a amazed, They just did a song for RIOT GAMES and League Of Legends which is FUCKING EPIC!!!!!!!! Its up there with the original Diamond rated Hybrid Theory and Meteora. https://youtu.be/5FrhtahQiRc

What are the Problems with the Big Bang Theory? - Dr. Danny Faulkner https://www.youtube.com/watch?v=A016T3YBmxo&t=12s

WOW...the #demons are really loosing it!! Key adviser to Tim Walz demands 'overthrow' of United States! Insists under critical race theory the nation is 'irreversibly racist' and must be destroyed https://www.wnd.com/2024/11/key-adviser-to-tim-walz-demands-overthrow-of-united-states/

Trump Wins, Eliminates Federal Income Tax, Economy Booms – Martin Armstrong https://rumble.com/v5lb9e4-trump-wins-and-eliminates-federal-income-tax-martin-armstrong.html Legendary financial and geopolitical cycle analyst Martin Armstrong is back with some important predictions in his last appearance before the 2024 Election. First, Armstrong’s Socrates computer is still predicting a Trump landslide. Socrates actually factors in cheating to make this “Trump Wins” call. Armstrong says, “In the 2020 Election, it came out the computer said it was 50/50. It did not show a huge landslide one way or another. They rigged it, but it was in Congress is where they did it. . . . There were seven states that were going to be challenged. . . . On January 6 (during the so-called insurrection at the capitol), the FBI has testified they could not even tell how many people they had there. . . . as soon as this happens, Pelosi calls emergency rules. When she did the emergency rules, she shut down any challenge to the seven states. . . . That’s how the 2020 Election was really rigged. . . . in 2024, the gap is too big this time. In 2020, the computer said it was tight. This one, I don’t think they can cheat that much to actually overthrow it.” If Trump does win, one of the huge changes going to be pushed is the elimination of federal income taxes. Let that sink in. When you hear Donald Trump say he is contemplating doing away with federal taxes, it is not some campaign promise that he intends to break. Armstrong says this is more than doable. When Trump says he can fix the economy, Armstrong contends eliminating federal income tax is a turbocharger for the American economy. Armstrong explains, “If you eliminate the income tax, what will happen is all these other companies that are in different countries are going to want to come here. It’s going to be the biggest economic boom in absolute history.” Is this why Trump keeps saying he can “fix the economy”? Armstrong says, “Oh yes. The U.S. will make more money than you can ever imagine. When I testified in front of Congress, I said at least lower the tax rate to 15% on corporates. . . . 15% is what Hong Kong was charging, and that was the only reason people were there. . . . We do not need the income tax anymore because we create money anyway. We don’t need to get some money back like gold coins from the public so we can pay our bills. This is an old theory. So, income tax is something we do not need, and we certainly do not need to borrow anymore. Our national debt is exploding because of interest expenditures. . . . You eliminate the income tax, and you are going to have the biggest economic boom in absolute history. You will create so many jobs. You won’t have to worry about the debt. . . . We would get rid of the debt, and the equity would be private companies. If you wanted to create your own studio, there would be capital available to do that.” Armstrong also talks about gold, who is really running the country and extreme civil unrest coming to America after the 2024 Election.

GOOD MORNING FRIENDS AND FOLLOWERS: SOME TOPICS ARE LONG TO EXPLAIN BUT I'LL TRY. CULTURAL MARXISM, IS ANOTHER THEORY ON HOW TO EVOLVE SLOWLY INTO COMMUNISM WITHOUT FAST AND VIOLENT REVOLUTIONS, LIKE THE RUSSIAN REVOLUTION OR THE CHINESE REVOLUTION. CULTURAL MARXISM WORKS BY THE PENETRATION IN EVERY ASPECT OF SOCIETY, INFILTRATING EDUCATION, RELIGIONS, POLITICAL PARTIES, BUSINESSES AND IN THE PROCESS GO CHANGING HISTORY BY INDOCTRINATING FUTURE GENERATIONS. THAT'S WHY THEY CHANGE TEXT BOOKS, ELIMINATE STATUES, CHANGE NAMES OF SCHOOLS, STREETS AND MILITARY BASES. TAKING CONTROL OF GOVERNMENT INSTITUTIONS. CULTURAL MARXISM CAME TO AMERICA FROM THE FRANKFURT SCHOOL IN EUROPE THROUGH UNIVERSITY PROFESSORS LIKE HERBERT MARCUSE AND MANY OTHERS. CULTURAL MARXISM IN AMERICA STARTED AS "POLITICAL CORRECTNESS" AND EVOLVED INTO TODAY'S "WOKE" CULTURE. KAMALA IS A COMMUNIST. JUST LISTEN TO HER DEMONIZING "COLUMBUS DAY" AND THE EUROPEANS AND CHANGING THE NAME OF COLUMBUS DAY INTO "INDIGENOUS PEOPLES' DAY". THE EUROPEAN "CONQUISTADORS" WERE NOT SAINTS BUT THEY BROUGHT CIVILIZATION TO THE NEW WORLD. MANY OF THE INDIGENOUS PEOPLES LIVED AT A LEVEL OF THE STONE AGE AND THOSE THAT WERE MORE 'CIVILIZED' AND BUILT PYRAMIDS LIKE THE AZTECS, MAYANS AND INCAS, WERE AT A LEVEL LOWER THAN ANCIENT EGYPT, THEY WERE SAVAGES THAT SACRIFICED HUMANS TO THEIR GODS. IT DOESN'T MATTER TO THE COMMUNISTS, FOR THEM, "COLUMBUS = BAD", "INDIANS = GOOD", NO MATTER WHAT THE REAL HISTORY IS.

Who’s on First & in What Percentage Application of Diverse “Other Insurance” Clauses Insurers Protected Insured and Litigated Their Differences Post 4920 Two insurance companies- Gemini and Zurich- asked the Eleventh Circuit Court of Appeal to determine what share of a $2 million settlement each is required to pay. The district court entered judgment for Gemini, ordering that Zurich pay $500,000 plus prejudgment interest. Both parties appealed, with Gemini seeking another $500,000 and Zurich challenging the award of prejudgment interest. In Gemini Insurance Company v. Zurich American Insurance Company, No. 22-13495, United States Court of Appeals, Eleventh Circuit (October 23, 2024) the competing “other insurance clauses” were resolved. FACTS After the death of Josue Vallejo, who was struck by a tractor-trailer operated by an employee of FSR Trucking, Inc two of three insurers disputed what proportion of the settlement each should pay. Zurich insured FSR, through its coverage of Commercial, for $1 million. Gemini also insured FSR for $3 million. The Vallejo claim settled for $3 million, of which Gemini contributed $2 million. Ryder’s insurance company, which is not a party to this appeal, contributed the other $1 million. Gemini and Zurich agree that they each owe a share of the $2 million, but dispute how much each one must pay. Under Gemini’s theory, they each owe $1 million. Under Zurich’s theory, they each owe their pro rata share, which is $500,000 for Zurich and $1.5 million for Gemini. The different theories of coverage turn on the application of the two policies’ “other insurance” clauses, which generally function to apportion coverage when there is overlapping insurance. Gemini argues that its policy is excess to Zurich’s, while Zurich argues that the policies attach at the same level and thus trigger pro rata contribution. Gemini sued Zurich for a declaratory judgment in its favor and an award of $1 million plus interest under claims of contractual subrogation or equitable subrogation/contribution. Zurich tendered $500,000 to Gemini to satisfy its pro rata share. Gemini, however, continued to litigate for the other $500,000 plus interest on the entire amount. Gemini appealed the District Court’s ruling in favor of Zurich and sought to obtain the other $500,000. ANALYSIS In Florida, where more than one insurer’s policy provides coverage for a loss, as the parties agree is the case here, it is appropriate to review the insurance contracts to see if the documents address the ‘ranking’ or contribution of other insurers. The Other Insurance Clauses Gemini’s “other insurance” clause provides: “This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this policy.” Zurich’s “other insurance” clause is slightly different. “When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Interpretation of the “Other Insurance” Clauses Where two insurance policies contain excess insurance clauses the clauses are deemed mutually repugnant and both insurers become primary and share the loss on a pro rata basis in accordance with their policy limits. Zurich argued, and the district court agreed, that both policies contain excess clauses such as pro rata contribution results. The Eleventh Circuit Court of Appeals sided with Gemini because when two policies containing conflicting “other insurance” or excess [uninsured/underinsured motorist] clauses. In sum an “other insurance” clause containing the phrase “we will pay the proportion of damages payable as excess” means that the clause was pro rata, even though it also characterized itself as an excess clause. Moreover, the Eleventh Circuit concluded both policies were primary. The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment with regard to the amount of contribution and remanded the case for entry of judgment in favor of Gemini for the principal amount of $1,000,000, with the understanding that Zurich has already paid half of that sum. Upon entry of the amended final judgment on remand, Gemini will be the prevailing party. When a verdict liquidates damages on a plaintiff’s out-of-pocket, pecuniary losses, plaintiff is entitled, as a matter of law, to prejudgment interest at the statutory rate from the date of that loss. The Eleventh Circuit reversed the district court’s resolution of the cross-motions for summary judgment and remanded for the court to enter judgment in favor of Gemini in the principal amount of $1,000,000 understanding that Zurich has already paid $500,000. It also affirmed the award of prejudgment interest on the first $500,000 and direct the court to award Gemini prejudgment interest on the second $500,000 from February 7, 2019, until the date of the amended final judgment. ZALMA OPINION The three insurers of the defendant did the right thing by protecting the insured and then resolving their dispute over the share owed in court. Although insurance companies, generally, should not sue each other. “Other Insurance” clauses invariably raise disputes between insurers and often cause hardship to the insured. In this case Gemini, Zurich and an unnamed insurer put up the $3 million to settle and then Gemini and Zurich sued to clarify who owed what. The Eleventh Circuit found that the District Court was wrong because interpreting the competing “other insurance” clauses should have resulted in a finding that both Gemini and Zurich were primary insurers and each owed $1 million of the settlement and Zurich owed Gemini $500,000 plus interest. (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