• https://www.stripes.com/veterans/2024-11-11/veterans-homeless-drops-15812537.html
    https://www.stripes.com/veterans/2024-11-11/veterans-homeless-drops-15812537.html
    WWW.STRIPES.COM
    Veteran homelessness drops to lowest level in at least 15 years
    Less veterans were considered homeless in 2023 by the Department of Veterans Affairs, bringing the crisis to its lowest level in 15 years since federal officials started tracking numbers in 2009.
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  • Every Veterans Day, November 11 at exactly 11:11 am, the sun aligns perfectly with the Anthem Veterans Memorial in Anthem, Arizona.
    Every Veterans Day, November 11 at exactly 11:11 am, the sun aligns perfectly with the Anthem Veterans Memorial in Anthem, Arizona. 🇺🇸❤️🤍💙🇺🇸
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  • No Breach of Contract no Bad Faith

    Happy Veterans Day to My Fellow Veterans

    Some Claims Proper Some Not

    Read the full article at https://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec, shttps://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec and at https://zalma.com/blog plus more than 4900 posts.

    Post 4929

    Vepo Design Corporation and its officers (collectively, “Vepo”) appealed the district court’s grant of summary judgment on their breach of contract and bad faith claims against American Economy Insurance Company (“AEIC”). Vepo’s claims relate to AEIC’s denial of coverage following a fire in a laundromat, known as the “Central Laundromat,” which Vepo was developing.

    In Vepo Design Corporation, et al. v. American Economy Insurance Company, No. 23-55634, United States Court of Appeals, Ninth Circuit (November 4, 2024) the issues were resolved serially.

    DECISIONS

    Business Income

    The Ninth Circuit reversed the district court’s grant of summary judgment in favor of AEIC on Vepo’s business income claim, which concerns income Vepo contends it would have earned operating the Central Laundromat if the fire had not occurred. AEIC argued that Vepo’s claim for lost income was too speculative given that the Central Laundromat was still under construction and Vepo had not secured additional financing to own and operate it.

    Construing the facts in the light most favorable to Vepo as the non-moving party the Ninth Circuit concluded that there is sufficient evidence to create a genuine dispute of material fact and that Vepo’s claim for lost business income is not unduly speculative.

    There is evidence that Vepo was contemplating an arrangement under which it would own and operate the Central Laundromat for a period of time before selling it, and that Vepo later engaged in similar arrangements for other laundromats. Vepo, which was experienced in the laundromat industry, also demonstrated that it had a history of securing financing for its laundromat projects and that it intended to refinance the Central Laundromat once a certificate of occupancy was received. Although Vepo had not secured refinancing for the Central Laundromat as of the time of the fire, Vepo’s Principal Owner stated in her declaration and confirmed at her deposition that it was too early to do so in the project timeline. That Vepo had yet to refinance does not render its claim too speculative as a matter of law and its losses are for a jury to decide.

    Extra Expense

    The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of AEIC for the extra expenses that Vepo allegedly incurred in storing laundry equipment in a warehouse owned by Vepo’s sister company following the fire. While the policy only required the expense to be incurred, not paid, there was insufficient evidence to create a triable issue over whether the expense was incurred at all. No payment changed hands between the two entities, and there is no accounting record showing that Vepo was liable for the storage amount. When the same person signed as representative of both entities, does not create a genuine dispute of material fact.

    Lost Profits

    The Ninth Circuit concluded that the district court properly granted summary judgment on Vepo’s claim for lost profits on the prospective sale of the laundromat. Even assuming that such a loss would be covered under the policy, the claim fails because the policy limited coverage to losses that occur within one year of the incident. Vepo’s plan called for it to own and operate the Central Laundromat for at least one year after opening, which would place any hypothetical sale more than a year after the pre-opening fire.

    Individual Personal Property Claims

    The Ninth Circuit affirmed summary judgment for AEIC on the claims by the individual plaintiffs for their own personal property that was allegedly lost in the fire. As the district court correctly found, Vepo did not identify what individual property was lost or its worth. The individual plaintiffs’ claims were too unsupported to create a triable issue.

    Bad Faith

    The Ninth Circuit partially reversed the district court’s grant of summary judgment on Vepo’s bad faith claim, to the extent of the single insurance claim it allowed to go forward-the business income claim.

    The district court may permit any further motions practice on the bad faith claim as it deems appropriate. However, it affirmed the district court’s grant of summary judgment on the bad faith claim insofar as that claim is premised on any of the other breach of contract claims to which AEIC is entitled to judgment as a matter of law.

    There is never a claim for breach of the implied duty of good faith and fair dealing if there was no improper denial of coverage under the policy.

    ZALMA OPINION

    The importance of this case is the reiteration of the law that there can never be a viable tort of bad faith if there is no improper denial of a claim by breach of the insurance contract. If the one cause of action remaining was breached in bad faith and there was no genuine dispute over coverage, that cause can be brought for bad faith damages. The other decisions of the Ninth Circuit were obvious and well reasoned.

    (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
    No Breach of Contract no Bad Faith Happy Veterans Day to My Fellow Veterans Some Claims Proper Some Not Read the full article at https://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec, shttps://www.linkedin.com/pulse/happy-veterans-day-my-fellow-barry-zalma-esq-cfe-ovpec and at https://zalma.com/blog plus more than 4900 posts. Post 4929 Vepo Design Corporation and its officers (collectively, “Vepo”) appealed the district court’s grant of summary judgment on their breach of contract and bad faith claims against American Economy Insurance Company (“AEIC”). Vepo’s claims relate to AEIC’s denial of coverage following a fire in a laundromat, known as the “Central Laundromat,” which Vepo was developing. In Vepo Design Corporation, et al. v. American Economy Insurance Company, No. 23-55634, United States Court of Appeals, Ninth Circuit (November 4, 2024) the issues were resolved serially. DECISIONS Business Income The Ninth Circuit reversed the district court’s grant of summary judgment in favor of AEIC on Vepo’s business income claim, which concerns income Vepo contends it would have earned operating the Central Laundromat if the fire had not occurred. AEIC argued that Vepo’s claim for lost income was too speculative given that the Central Laundromat was still under construction and Vepo had not secured additional financing to own and operate it. Construing the facts in the light most favorable to Vepo as the non-moving party the Ninth Circuit concluded that there is sufficient evidence to create a genuine dispute of material fact and that Vepo’s claim for lost business income is not unduly speculative. There is evidence that Vepo was contemplating an arrangement under which it would own and operate the Central Laundromat for a period of time before selling it, and that Vepo later engaged in similar arrangements for other laundromats. Vepo, which was experienced in the laundromat industry, also demonstrated that it had a history of securing financing for its laundromat projects and that it intended to refinance the Central Laundromat once a certificate of occupancy was received. Although Vepo had not secured refinancing for the Central Laundromat as of the time of the fire, Vepo’s Principal Owner stated in her declaration and confirmed at her deposition that it was too early to do so in the project timeline. That Vepo had yet to refinance does not render its claim too speculative as a matter of law and its losses are for a jury to decide. Extra Expense The Ninth Circuit affirmed the district court’s grant of summary judgment in favor of AEIC for the extra expenses that Vepo allegedly incurred in storing laundry equipment in a warehouse owned by Vepo’s sister company following the fire. While the policy only required the expense to be incurred, not paid, there was insufficient evidence to create a triable issue over whether the expense was incurred at all. No payment changed hands between the two entities, and there is no accounting record showing that Vepo was liable for the storage amount. When the same person signed as representative of both entities, does not create a genuine dispute of material fact. Lost Profits The Ninth Circuit concluded that the district court properly granted summary judgment on Vepo’s claim for lost profits on the prospective sale of the laundromat. Even assuming that such a loss would be covered under the policy, the claim fails because the policy limited coverage to losses that occur within one year of the incident. Vepo’s plan called for it to own and operate the Central Laundromat for at least one year after opening, which would place any hypothetical sale more than a year after the pre-opening fire. Individual Personal Property Claims The Ninth Circuit affirmed summary judgment for AEIC on the claims by the individual plaintiffs for their own personal property that was allegedly lost in the fire. As the district court correctly found, Vepo did not identify what individual property was lost or its worth. The individual plaintiffs’ claims were too unsupported to create a triable issue. Bad Faith The Ninth Circuit partially reversed the district court’s grant of summary judgment on Vepo’s bad faith claim, to the extent of the single insurance claim it allowed to go forward-the business income claim. The district court may permit any further motions practice on the bad faith claim as it deems appropriate. However, it affirmed the district court’s grant of summary judgment on the bad faith claim insofar as that claim is premised on any of the other breach of contract claims to which AEIC is entitled to judgment as a matter of law. There is never a claim for breach of the implied duty of good faith and fair dealing if there was no improper denial of coverage under the policy. ZALMA OPINION The importance of this case is the reiteration of the law that there can never be a viable tort of bad faith if there is no improper denial of a claim by breach of the insurance contract. If the one cause of action remaining was breached in bad faith and there was no genuine dispute over coverage, that cause can be brought for bad faith damages. The other decisions of the Ninth Circuit were obvious and well reasoned. (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
    WWW.LINKEDIN.COM
    Discover thousands of collaborative articles on 2500+ skills
    Discover 100 collaborative articles on domains such as Marketing, Public Administration, and Healthcare. Our expertly curated collection combines AI-generated content with insights and advice from industry experts, providing you with unique perspectives and up-to-date information on many skills and their applications.
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  • To All The Patriot Veterans Out There, We Made It Home!!
    Please Take Time To Remember Those Who Didn't.
    To All The Patriot Veterans Out There, We Made It Home!! Please Take Time To Remember Those Who Didn't.
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  • Today, November 11th is Veteran's Day. Let us honor and thank all who served for without them we would not be free.
    Today, November 11th is Veteran's Day. Let us honor and thank all who served for without them we would not be free.
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  • REMEMBERING OUR VETERANS!!!!...
    US Army Air Forces LT COL Edward Michael: Medal of Honor Recipient WWII
    https://www.youtube.com/shorts/laYSlU00PjU
    REMEMBERING OUR VETERANS!!!!... US Army Air Forces LT COL Edward Michael: Medal of Honor Recipient WWII https://www.youtube.com/shorts/laYSlU00PjU
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  • Joe Kidd
    Clint Eastwood stars as former bounty hunter turned hired gunslinger, Joe Kidd, who finds himself in the middle of a range war in rough and rugged New Mexico. Following an armed uprising by local Mexican revolutionaries who claim they've been cheated out of their land, Kidd is hired to quell the rebellion by a wealthy land baron (Robert Duvall) with interests in the disputed territory. But Kidd's and his employer's interests are soon at odds when he falls for a beautiful Hispanic rebel in this top-notch action-adventure from acclaimed veteran western director John Sturges.
    https://www.youtube.com/watch?v=B4noGSf4v6U
    Joe Kidd Clint Eastwood stars as former bounty hunter turned hired gunslinger, Joe Kidd, who finds himself in the middle of a range war in rough and rugged New Mexico. Following an armed uprising by local Mexican revolutionaries who claim they've been cheated out of their land, Kidd is hired to quell the rebellion by a wealthy land baron (Robert Duvall) with interests in the disputed territory. But Kidd's and his employer's interests are soon at odds when he falls for a beautiful Hispanic rebel in this top-notch action-adventure from acclaimed veteran western director John Sturges. https://www.youtube.com/watch?v=B4noGSf4v6U
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  • YEA, ILLEGAL.... NO MORE FREE FOOD VOUCHERS.
    OUR MINEY I WANT GOING TO OUR PEOPLE, OUR VETERANS.
    YEA, ILLEGAL.... NO MORE FREE FOOD VOUCHERS. OUR MINEY I WANT GOING TO OUR PEOPLE, OUR VETERANS.
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  • An Army Veteran was diagnosed with Stage 3 Bladder Cancer… his family didn’t know how they were going to pay for the care he needed.
    One day, he realized he never received a single bill. To his surprise, he found out that Donald Trump paid for it all.
    That is the man Donald Trump has always been… God bless him.
    https://rumble.com/v5lewfm-donald-trump-paid-off-veterans-stage-3-bladder-cancer-medical-cancer-bills.html
    An Army Veteran was diagnosed with Stage 3 Bladder Cancer… his family didn’t know how they were going to pay for the care he needed. One day, he realized he never received a single bill. To his surprise, he found out that Donald Trump paid for it all. That is the man Donald Trump has always been… God bless him. 🙏 https://rumble.com/v5lewfm-donald-trump-paid-off-veterans-stage-3-bladder-cancer-medical-cancer-bills.html
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  • Donald Trump paid off Veterans Stage 3 Bladder Cancer Medical Cancer Bills
    https://rumble.com/v5lewfm-donald-trump-paid-off-veterans-stage-3-bladder-cancer-medical-cancer-bills.html
    Donald Trump paid off Veterans Stage 3 Bladder Cancer Medical Cancer Bills https://rumble.com/v5lewfm-donald-trump-paid-off-veterans-stage-3-bladder-cancer-medical-cancer-bills.html
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