• Dear Diddy; You're about to figure out why Kiddy Diddlers aren't well-liked in prison.
    It is what it is, and dear Diddy needs to know what is coming his way soon.
    https://rumble.com/v5s1yit-dear-diddy-youre-about-to-figure-out-why-kiddy-diddlers-arent-well-liked-in.html
    Dear Diddy; You're about to figure out why Kiddy Diddlers aren't well-liked in prison. It is what it is, and dear Diddy needs to know what is coming his way soon. https://rumble.com/v5s1yit-dear-diddy-youre-about-to-figure-out-why-kiddy-diddlers-arent-well-liked-in.html
    0 Commenti 0 condivisioni 79 Views
  • Dear Diddy; You're about to figure out why Kiddy Diddlers aren't well-liked in prison.
    Just for shits & giggles you can copy & paste this and text it to him at (917) 746-1444
    https://rumble.com/v5s1yit-dear-diddy-youre-about-to-figure-out-why-kiddy-diddlers-arent-well-liked-in.html
    Dear Diddy; You're about to figure out why Kiddy Diddlers aren't well-liked in prison. Just for shits & giggles you can copy & paste this and text it to him at (917) 746-1444 https://rumble.com/v5s1yit-dear-diddy-youre-about-to-figure-out-why-kiddy-diddlers-arent-well-liked-in.html
    0 Commenti 0 condivisioni 83 Views
  • Huge news guys! My second book is now out via beyond the fray publishing and I am beyond stoked to share this next volume with the world. You can grab a copy by visiting Amazon today or my official merchandise store if you want a signed copy. Volume 1 is also available alongside volume 2 and you'll automatically get a discount if you buy both from the store! Let's see if we can get this one to best seller status as well! Alongside that the new video is gonna be pretty long so I'm gonna put off the release until next week so I can edit it just how I like it. Love you all and I hope you have a wonderful weekend!

    Amazon: https://a.co/d/eEeNeic
    Official store: https://mysteryarchives.myshopify.com/products/stories-from-the-archives-volume-2
    Huge news guys! My second book is now out via beyond the fray publishing and I am beyond stoked to share this next volume with the world. You can grab a copy by visiting Amazon today or my official merchandise store if you want a signed copy. Volume 1 is also available alongside volume 2 and you'll automatically get a discount if you buy both from the store! Let's see if we can get this one to best seller status as well! Alongside that the new video is gonna be pretty long so I'm gonna put off the release until next week so I can edit it just how I like it. Love you all and I hope you have a wonderful weekend! Amazon: https://a.co/d/eEeNeic Official store: https://mysteryarchives.myshopify.com/products/stories-from-the-archives-volume-2
    0 Commenti 0 condivisioni 200 Views
  • I remember November, 22, 1963 well.
    I was at school, a block from here as the crow fly's when we got the news.
    Will we ever know/get the whole truth?
    https://bbc.com/news/world-us-canada-66792977
    God Bless America, God Save The Republic.
    I remember November, 22, 1963 well. I was at school, a block from here as the crow fly's when we got the news. Will we ever know/get the whole truth? https://bbc.com/news/world-us-canada-66792977 God Bless America, God Save The Republic.
    BBC.COM
    Ex-Secret Service agent reveals new JFK assassination detail
    Ex-Secret Service agent Paul Landis reveals a new detail some say upends the "single bullet theory".
    0 Commenti 0 condivisioni 130 Views

  • 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
    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
    0 Commenti 0 condivisioni 485 Views
  • REMEMBER, REMEMBER THE FIFTH OF NOVEMBER: A HOLIDAY AMERICANS FORGOT

    Melissa and Aaron ALWAYS present a sane, well researched perspective...
    Which is always worth a listen!

    Just so that you know....
    EVERY HISTORICAL "ATTACK" YOU HAVE EVER HEARD OF WAS IN REALITY.....

    A #FalseFlag event, being used to steer the SHEEPLE in whichever direction the #Parasite Class wanted them to go!

    I'm talking about them ALL!

    Forget the #USSLiberty and #911!
    What about "Pearl Harbor"?

    You SHOULD be aware that SANE military men do NOT park their entire PACIFIC FLEET in one place during a "world war"

    But that is EXACTLY what they did.....
    Because it was just another in an endless stream of FALSE FLAGS!

    Used to steer the sheeple wherever the Luciferian scum wants them steered!

    https://old.bitchute.com/video/n04SH7x-N-8/
    REMEMBER, REMEMBER THE FIFTH OF NOVEMBER: A HOLIDAY AMERICANS FORGOT Melissa and Aaron ALWAYS present a sane, well researched perspective... Which is always worth a listen! Just so that you know.... EVERY HISTORICAL "ATTACK" YOU HAVE EVER HEARD OF WAS IN REALITY..... A #FalseFlag event, being used to steer the SHEEPLE in whichever direction the #Parasite Class wanted them to go! I'm talking about them ALL! Forget the #USSLiberty and #911! What about "Pearl Harbor"? You SHOULD be aware that SANE military men do NOT park their entire PACIFIC FLEET in one place during a "world war" But that is EXACTLY what they did..... Because it was just another in an endless stream of FALSE FLAGS! Used to steer the sheeple wherever the Luciferian scum wants them steered! https://old.bitchute.com/video/n04SH7x-N-8/
    OLD.BITCHUTE.COM
    Remember, Remember the Fifth of November: a Holiday Americans Forgot
    Please help support us on Patreon, read our goals here: https://www.patreon.com/truthstreammedia or SubscribeStar here: subscribestar.com/truthstreammedia As context is very important for all videos, this message is to confirm that the purpose of t…
    0 Commenti 0 condivisioni 479 Views
  • Farewell To A Great Lady
    Ursula Haverbeck has passed away at 96. She was an inspiration.
    Farewell To A Great Lady Ursula Haverbeck has passed away at 96. She was an inspiration.
    0 Commenti 0 condivisioni 96 Views 0
  • https://realrawnews.com/2024/11/fema-director-deanne-criswell-beaten-to-pulp-at-gitmo-after-guards-find-phone-in-her-cell/
    https://realrawnews.com/2024/11/fema-director-deanne-criswell-beaten-to-pulp-at-gitmo-after-guards-find-phone-in-her-cell/
    REALRAWNEWS.COM
    FEMA Director Deanne Criswell Beaten “to Pulp” at GITMO after Guards Find Phone in Her Cell
    FEMA Director Deanne Criswell, still awaiting a military tribunal and held in pretrial detainment at Guantanamo Bay’s Camp Delta internment facility, was beaten to “a pulp” Sunday night after White Hats performing a routine inspection found a phone in her cell. As reported previously, the malevolent woman was arrested on conspiracy and sedition charges in September and flown to GITMO to stand trial. Sources there have told Real Raw News that President Donald J. Trump asked Vice Adm. Crandall to delay her tribunal until he returns to the Oval Office on January 20, though the reason for the postponement is unclear. A JAG source at GITMO told RRN that the White Hat-aligned 525th Military Battalion routinely tosses cells for contraband and that Criswell’s chamber had been searched four times before the November 17 inspection at which the MPs found the phone inside a pillowcase. At 4:00 p.m. that day, a visibly nervous Criswell was told to “cuff up” and pulled from the cell as a pair of MPs entered and began tossing her meager belongings—law books, a copy of the King James Bible, onto whose pages she had scrawled “There is no God,” personal hygiene supplies, and bedding. When the MPs shook out a pillowcase, an active iPhone 14 tied to a prepaid AT&T account fell to the floor. The MPs confronted Criswell, demanding to know from whom she had acquired the phone. But Criswell wouldn’t speak; instead, she smirked at the MPs and told them, “I’m smarter than you are,” which prompted one MP to pull out his retractable baton and start slapping Criswell across the face with it, lacerating her and causing her left eye to bulge from its socket. The pain didn’t perturb Criswell, who continued smirking in defiance even as a 5th lashing slashed her right cheek wide open. Afterward, Criswell was taken to the hospital and stitched up. Our source said her face is currently swollen and unrecognizable. She’s refused to tell GITMO staff the name of the person who gave the phone—sources say it had to be either a soldier of the 525th or someone in a position of power at GITMO. Having inspected the phone, White Hats determined that Criswell had been communicating with FEMA’s central office in D.C. While Criswell’s cell had a camera, it was fixed, meaning no coverage directly beneath it. “That issue’s been remedied,” our source said, without expounding on details. He said all MPs and GITMO staff with access to Criswell’s cell will be polygraphed and interviewed. Free Speech and Alternative Media are under attack by the Deep State. Real Raw News needs reader support to survive and thrive. We have no corporate advertisers, nor billionare philantripists looking to support efforts to expose the Deep State’s evil agenda. Every donation, irrespective of the amount, is appreciated and helps ensure our survival in these perilous times. Please do not give your hard-earned money to sites or channels that copy/paste our intellectual property. We spend countless hours vetting, researching, and writing. Thank you. Every dollar helps. Contributions help keep the site active and help support the author (and his medical bills) Contribute to Real Raw News via GiveSendGo
    0 Commenti 0 condivisioni 144 Views

  • EUO is a Material Condition Precedent

    Claim Properly Denied for Refusal to Testify at EUO

    Post 4936

    Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts.

    See the full video at and at

    Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO).

    In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced.

    FACTUAL BACKGROUND

    Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy).

    One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property.

    Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy.
    Hughes’s Complaint Against Farmers

    One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination.

    Farmers’ Motion for Summary Judgment

    Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy.

    In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.”

    In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination.

    Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination.

    Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath.
    Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial

    The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.”

    DISCUSSION

    The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law.

    An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy.
    Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy.
    Breach of Implied Covenant Claim

    The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law.

    ZALMA OPINION

    Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse.

    (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
    EUO is a Material Condition Precedent Claim Properly Denied for Refusal to Testify at EUO Post 4936 Read the full article at https://www.linkedin.com/pulse/euo-material-condition-precedent-barry-zalma-esq-cfe-exccc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. See the full video at and at Erin Hughes appealed from the grant of summary judgment in favor of defendant and respondent Farmers Insurance Exchange (Farmers) on her causes of action for breach of contract and bad faith arising after Farmers’ denial of Hughes’s property insurance claim because she refused to testify at a second examination under oath (EUO). In Erin Hughes v. Farmers Insurance Exchange, B331168, California Court of Appeals (November 8, 2024) the condition precedent was enforced. FACTUAL BACKGROUND Hughes is the owner of real property in Malibu (the property). In December 2020, Hughes obtained an insurance policy to cover the property for fire loss through the California FAIR Plan Association (FAIR Plan). Also in December 2020, Hughes obtained a homeowner’s insurance policy from Farmers to cover perils other than fire, including losses due to theft (the policy). One month later, in January 2021, the property sustained significant fire damage. Hughes contacted Farmers, which advised her that fire loss was not covered by her Farmers policy, and she would have to pursue any such claim through her FAIR Plan policy. Unhappy, on January 21, 2021, Hughes tendered a theft claim under the Farmers policy, asserting in excess of $2 million worth of personal property was stolen from the property. Farmers ultimately denied the claim on January 5, 2022, on the ground that Hughes failed to cooperate with Farmers’ investigation, including by failing to participate in a second examination under oath as required by the policy. Hughes’s Complaint Against Farmers One week after the denial of her claim, Hughes sued Farmers and alleged Farmers demanded “duplicative, onerous and/or unnecessary” documentation of stolen items. Further, she alleged Farmers subjected her to “two confrontational, accusatory and grueling examinations under oath.” Hughes alleged her second examination under oath had been “suspended due to [her] medical condition,” but Farmers disregarded her condition and demanded a third examination. Farmers’ Motion for Summary Judgment Farmers moved for summary judgment contending it properly denied Hughes’s theft claim based on her failure to cooperate with Farmers’ investigation of her claim as well as her material misrepresentations in obtaining the Farmers policy. In May 2021, as part of Farmers’ theft claim investigation, Hughes participated in an examination under oath. During the examination, Hughes’s counsel informed the Farmers attorney he had just sent more than 40 additional receipts that the attorney would be receiving shortly. Recognizing they would not have time to go through the new items that day and the examination would need to continue on a future date, the Farmers attorney proposed “continu[ing] to work with one another to identify what’s missing.” In response, Hughes and her counsel agreed, with Hughes stating she would be happy to get “every single thing that you need and I’ll send it to my attorney right away.” In October 2021, a second session of the examination under oath was held regarding documentation Hughes had produced during and after the first session. Hughes appeared remotely with counsel and before any questions were asked of her, she objected to a further examination. Hughes accused the Farmers attorney of interrogating her “like a fucking criminal” and stated, “if you want to take my deposition . . . you are going to take a second deposition in court, and that’s going to be a formal deposition.” Hughes’s remote connection then cut out, and her counsel indicated she would not proceed with the examination. Farmers informed Hughes that it was denying coverage based on her failure to cooperate with Farmers’ investigation and particularly her refusal to proceed with the second examination under oath. Trial Court’s Grant of Summary Judgment and Denial of Hughes’s Continuance Request and Motion for New Trial The trial court granted summary judgment in favor of Farmers. Noting an insurer has “an absolute right” to require the insured to submit to an examination under oath “as long as the insurer exercises the right reasonably,” the court determined Hughes had not shown Farmers acted unreasonably. The court concluded summary judgment was appropriate “based solely on failure to cooperate.” DISCUSSION The trial court properly concluded there was no genuine dispute that Hughes’s failure to participate in an examination under oath constituted a material breach of the policy; accordingly, Farmers was excused from having to pay on Hughes’s claim. The right to require the insured to submit to an examination under oath concerning all proper subjects of inquiry is reasonable as a matter of law. An insured’s compliance with a policy requirement to submit to an examination under oath is a prerequisite to the right to receive benefits under the policy. Because Hughes refused to cooperate with Farmers’ investigation by participating in and completing her examination under oath, she cannot establish her own performance under the policy. Breach of Implied Covenant Claim The implied covenant of good faith and fair dealing is based on general contract law and the long-standing rule that neither party will do anything which will injure the right of the other to receive the benefits of the agreement. Hughes’s claim for bad faith fails as a matter of law. ZALMA OPINION Wildfires tend to destroy everything. That is why insurers are unwilling to write fire insurance in Malibu and other areas prone to wildfires and obtain fire insurance from the Fair Plan, an organization designed to cover uninsurable risks. Because of the destruction done by a wildfire or a dwelling fire a $2 million dollar theft loss after a fire is questionable and a good reason to take a thorough EUO. Farmers tried to do so and Hughes refused without reason after admitting she left open much investigation elements at the agreed conclusion of the first session and an agreement to a second only to refuse. (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
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