Insurer Properly Sanctioned for Failure to Obey Court Order It is Never Proper to Fail to Comply With Court Order Post 4937 Read the full article at https://www.linkedin.com/pulse/insurer-properly-sanctioned-failure-obey-court-order-barry-vefvc, see the full video at and at and at https://zalma.com/blog plus more than 4900 posts. Insurer Privilege Underwriters took its name too far trying to obtain privileges from the Arkansas Court of Appeals to which it was not entitled and acted contumaciously by disobeying the Circuit Court’s discovery order. In Privilege Underwriters Reciprocal Exchange v. Brandon Adams, No. CV-23-474, 2024 Ark.App. 571, Court of Appeals of Arkansas, Division I (November 20, 2024) the circuit court granted appellee Brandon Adams’s motion to enforce court order and motion for sanctions, imposed a “sanction fee in the amount of $5,000” against appellant Privilege Underwriters Reciprocal Exchange (“Privilege”), and awarded Adams $2,500 in attorneys’ fees and costs under Arkansas Rule of Civil Procedure 37; denied Privilege’s motion for summary judgment; and denied Privilege’s motion for protective order, which sought to bar Adams from taking any depositions. FACTS In an insurance-coverage action in which Adams sued Privilege, his insurer, for failing to provide him a defense in a lawsuit filed against Adams and several other individuals and entities. Privilege answered Adams’s coverage complaint denying that it owed Adams a duty to defend the lawsuit and asserting a number of the subject policies’ exclusions as affirmative defenses to coverage. Adams served written discovery on Privilege. Privilege responded with objections and inadequate responses to Adams’s discovery requests. Adams moved to compel Privilege to respond and produce documents and the Court of Appeals ordered Privilege respond and to pay Adams’s attorneys’ fees and costs in the amount of $2,000. Privilege produced its supplemental interrogatory answers and supplemental privilege log on March 2, 2022 but did not comply with the circuit court’s discovery order. Contrary to the court’s order Privilege refused to amend its privilege log, provide full and complete answers to Adams’s interrogatories, or produce any witnesses for deposition, and instead, Privilege moved for summary judgment. Adams then filed his “Motion to Enforce Court Order and Motion for Sanctions and Incorporated Brief” on April 25, 2022. On December 20, 2022, the circuit court held a hearing on Adams’s motion for sanctions and Privilege’s motions for summary judgment and for protective order. The circuit court announced that it would sanction Privilege for its failure to comply with the circuit court’s February 2022 discovery order. From the bench, the circuit court made specific findings that Privilege had failed to comply with the provisions of that order requiring Privilege to amend its privilege log to provide sufficient information to allow the circuit court and Adams to evaluate Privilege’s claims of attorney-client privilege and work-product protection and to fully answer Adams’s interrogatories. TO ESTABLISH CONTEMPT Generally, in order to establish contempt, there must be willful disobedience of a valid order of a court. Contempt is a matter between the court and the litigant, and not between the two opposing litigants. Before one can be held in contempt for violating the court’s order, the order must be definite in its terms, clear as to what duties it imposes, and express in its commands. Contempt is divided into criminal contempt and civil contempt. The standard of review on appeal depends on whether the contempt sanction was civil or criminal in nature. The circuit court imposed a fine and fees that were to be paid to Adams. A contempt fine for willful disobedience that is payable to the complainant is remedial and therefore constitutes a fine for civil contempt. Privilege refused to comply with a valid discovery order from the circuit court because Privilege disputed Adams’s entitlement to the discovery underlying that order. Instead, Privilege moved for summary judgment, attempting to render moot that prior discovery order. The circuit court rightly held Privilege in contempt for its willful disobedience of the circuit court’s February 2022 discovery order and imposed a fine of $5,000. Once the February 2022 discovery order was entered, Privilege was required to comply with that order, not question the propriety of that order or when Privilege should comply with it. The circuit court was unequivocal in finding at the December 2022 hearing that it was sanctioning Privilege for its violation of the February 2022 discovery order. The circuit court then went on to explain that Privilege had disobeyed its February 2022 order by failing to provide contact information for the witnesses identified in response to Interrogatory No. 1 and by failing to provide a privilege log with sufficient information to allow the circuit court and Adams to evaluate the claim of attorney-client privilege and work-product protection. Thus, the Court of Appeals held that the circuit court did not clearly err in holding Privilege in contempt. The circuit court had ample authority to use its contempt powers to enforce its February 2022 discovery order. ZALMA OPINION This order must be more than embarrassing to Privilege and to the insurance industry. Parties to litigation are not entitled to refuse to fulfill an order of the court. Regardless of the name of the insurer it had no special privileges and must fulfill the order to the letter and pay the sanctions including the extra sanctions placed by the Court of Appeals. (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

https://medforth.biz/theyre-the-gestapo-british-police-launch-kafkaesque-investigation-into-telegraph-writers-tweet/

Bill Holter - The Old Economic System Is Over, Buckle Up, The Election Will Be To Big To Rig https://www.bitchute.com/video/znHJMUKFEC5q/?list=notifications&randomize=false Bill Holter is a Financial writer and gold expert, Bill also helps individuals purchase and store precious metals .The economic system is breaking down. The old economic system is over. A new system is coming into view but it will take time which means we will see a crash and there will be a period of uncertainty, but in the end the new system will come into focus. The [DS] will do what ever they can to stop the election or delay the election, if they cannot they try to make sure that Trump cannot take office. All of this will fail in the end. All source links to the report can be found on the x22report.com site.

Illuminati Song Writer Educates Fan https://old.bitchute.com/video/k0tXctV83wyU/ #news

Busted: MSNBC Producer Admits MSNBC Doing ‘All They Can To Help’ Kamala Harris Win https://www.infowars.com/posts/busted-msnbc-producer-admits-msnbc-doing-all-they-can-to-help-kamala-harris-win In another bombshell video from James O’Keefe’s O’Keefe Media Group, MSNBC writer and producer Basel Hamdan tells an undercover reporter his network is actively trying to help Kamala Harris win the election. A covert OMG operative captured Hamdan, who writes for the MSNBC show “Ayman,” claiming the network closely parrots Harris’ campaign message saying, “what her [Harris’s] message of the day is, is their message of the day.” Hamdan also admitted what many have long assumed, that “MSNBC is indistinguishable from the [Democrat] party” – which former president Donald Trump has lampooned by labeling the network “MSDNC.”

Massive Unrest in 2024 No Matter Who Wins – Bill Holter https://rumble.com/v5fql3p-massive-unrest-in-2024-no-matter-who-wins-bill-holter.html Financial writer and precious metals broker Bill Holter says the latest .5% rate cut by the Fed shows something is very wrong with the economy. There were some big reported problems a few months ago with the yen carry trade blowing up and 63 banks hiding $500 billion in losses. Now, billionaire investor Warren Buffett is selling off millions of shares in BofA stock, inflation has surged, along with business bankruptcies in America, and total household debt and federal debt has hit new all-time highs. This is just scratching the surface of the financial problems that are already here. The world is wrestling with unpayable debt everywhere. So, why the big rate cut now when the Fed says the economy is going great? Holter says, “I think there is absolute desperation. They look at the poll numbers, and they realize they are not going to be able to cheat enough to win. They certainly know behind the scenes that the entire system, including the Federal Reserve and including the Treasury, is all insolvent. So, yeah, there is absolute desperation. I was saying 10 years ago they would ultimately kick the table over because that’s the way to cover their tracks. They don’t want fingers pointed at them. So, what do you do? You nuke a city. Oh, then they can’t have an election, and their tracks get covered. . . .My odds for not having an election in November are now 65% to 70% we don’t have an election.” Holter says keep your eyes on the BRICS (Brazil, Russia, India, China and South Africa) and the real possibility of them starting to settle trade in something other than US dollars sooner than later. This is extremely dollar negative and highly inflationary. Holter contends we are going to see a massive credit crisis, and that will “bring things to a screeching halt.” Holter explains, “Nothing will function if credit ceases. It is used in every single process everywhere for everything. So, if credit breaks, and confidence breaks and credit is not forthcoming, then nothing is forthcoming. . . . You get some sort of credit event. Then stores are going to be wiped out immediately, but they are not going to be resupplied.” Holter has long warned about a real-life Mad Max apocalyptic world where people scrounge for what they need to survive. Holter says, “Every day you wake up, you are only 72 hours away. I can’t tell you when this is going to happen. All I can say is the financial system in the West is untenable. From a math standpoint, this Mad Max scenario is going to happen. . . . When I first talked about Mad Max in 2017, I got an absolute rash of crap in emails and comments that said I was crazy, you are nuts, Mad Max will never happen because this is America. Now, it seems to me it’s common that people are using the term Mad Max over the last few years.” Holter told me he no longer gets any negative comments when he brings up the Mad Max world he sees coming. Holter says, “If there is an election, no matter who wins, there is going to be massive unrest. If Trump wins, there will be unrest that is paid for (by Democrats and the Deep State). And if Kamala wins, you will finally see polite conservatives, who have followed the rule of law, who are finally going to say that’s the last straw. So, I believe no matter who wins, there will be massive rioting and massive strife, and it could get to civil war. We could see that.” In closing, Holter says, “The country has been hollowed out in every way possible. One of the biggest hollowing outs is the country has specifically, from a government and school standpoint, turned away from God. . . . If you live in a city, you are not going to make it—end of story. . . . Once you get derivatives cascading, it’s a 72-hour event, and no markets will open anywhere. When markets don’t open, that means there is no more credit. When there is no credit, the real economy stops.”

Neil Oliver Interviews Whitney Webb - It’s us versus them! https://rumble.com/v59x0qt-neil-oliver-interviews-whitney-webb-its-us-versus-them.html?fbclid=IwY2xjawE0i7FleHRuA2FlbQIxMAABHV2jGDK8Im7yTa2DEfJIgjmXgxgo3Zn0vSwiqzgcpVvxGEEw3H7L4cppew_aem_3lZapxL8JqCaUJfGSmEwOg Whitney Webb, Neil’s guest, Whitney Webb has been a professional writer, researcher and journalist since 2016. She has written for several websites and, from 2017 to 2020, was a staff writer and senior investigative reporter for Mint Press News. She is contributing editor of Unlimited Hangout and the author of the book One Nation Under Blackmail. You can find Whitney's work at https://unlimitedhangout.com and support her at https://unlimitedhangout.com/join.

Somebody needs to tell them to stop writing cues like "Pause" and "End of quote" in the teleprompter. How much has this group together combined for in student debt relief? https://www.usasupreme.com/photo-from-bidens-speech-writing-team-surfaces-watch-closely-to-see-why-it-takes-13-dei-members-to-do-the-job-of-2-qualified-writers/

No Way Financial System Survives - Bill Holter, Greg Hunter https://rumble.com/v52z8ew-no-way-financial-system-survives-bill-holter.html Financial writer and precious metals broker Bill Holter has been documenting all the unpayable debt that has been building up in the financial system like cancer. The latest black hole of default is coming from a big bank in Japan. Norinchukin Bank is selling $63 billion in Treasuries and other sovereign bonds to stay afloat. Then there is recent news announced by the FDIC that 63 US banks (the names are being kept secret) have more than $500 billion in losses, and let’s not forget about the trillions in losses sitting on the books of European banks ready to suck the world into a black debt hole. This is just a few of many on a long list of destabilizing problems that can tank the entire over-indebted financial system. Holter warns, “The list is so long, it could be a banking problem. It could be a derivatives problem. It could be a derivatives problem in the stock market, the bond market and you could see a failure to deliver in silver. Some type of warfare could crash the system. You could see warfare in Ukraine, Israel or Tiawan. The system is so unstable, at this point, it could be anything that could bring it down. Unpayable debt is not just a US problem. This is all over the world. Central banks are having to issue huge amounts of debt because we are in the exponential decay phase. We are exactly where Richard Russell said we would be 20 years ago. It’s inflate or die, and the only way to inflate is to create more money supply.” Add to that the $10 trillion in debt the US Government has to roll over by the end of the year. Meanwhile, the US government piles on $1 trillion in new debt every 100 days. What could go wrong? Holter said the last time he was on USAW that there was a little less than a 50% chance we would even have an election. Now, he predicts it is more likely there will be no 2024 Presidential Election. Holter says, “There is no way the system, as it is now, survives. It’s mathematically impossible. So, if it is mathematically impossible, are they going to blow smoke . . . up until the day it blows up? Or are they going to do something to blow it up and then say our programs and policies were working except for XYZ this or whatever. They have to kick the table over. They cannot allow the table to fall over on its own because then there is going to be finger pointing. To avoid the finger pointing, they have got to kick the table over.” Holter also thinks gold is going to exponential numbers to back all the debt the USA has. If you go with the 8,030 tons of gold the government claims is in Fort Knox, you will need a dollar price of gold at “$125,000 per ounce for 100% gold backing of the dollar.” Holter also says, “The dollar is being pushed out of the global financial system. . . . Demand for dollars is shrinking at a time when borrowing demand is rising.” This is a going to be a disaster for America and anyone holding dollars in the future. In closing, Holter says, “The financial collapse that is coming will be worse than anything we have ever experienced. This is going to be far worse than the Great Depression simply because society itself is far worse. . . . Back in the Great Depression, you had neighbors helping neighbors. Today you will have neighbors picking on other neighbors like vultures.”