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hleavesk · 6 months

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iceland volcano. eruption on the Reykjanes peninsula of south-west Iceland. live image from reuters. (dec 2023)

#iceland volcano #earth movement #Youtube

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bzalma · 6 months

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No Good Deed Goes Unpunished

After Paying the Insured More than $637,000 he Sues for More

Barry Zalma

Nov 21, 2023

Read the full article at https://lnkd.in/g-Fbdjn4 and see the full video at https://lnkd.in/gxJwm8Fn and at https://lnkd.in/gHemiJGD and at https://zalma.com/blog plus more than 4650 posts.

Vahagun Safarian appealed from the judgment entered after the trial court granted the summary judgment motion filed by Fire Insurance Exchange (Fire). Safarian sued Fire for breach of contract and related claims after Fire denied in part Safarian's claim for coverage under his homeowner's insurance policy for damage to the foundation of his home resulting from a burst pipe that flooded the soil around the home.

In Vahagun Safarian v. Fire Insurance Exchange, B323862, California Court of Appeals, Second District, Seventh Division (November 14, 2023) Safarian asked the Court of Appeals to provide coverage for damages over the almost $700,000 received for damages due to a water line break and water damages.

FACTUAL BACKGROUND

Fire issued Safarian homeowner's insurance policy effective from June 13, 2017 through June 13, 2018 (Policy). The insured property was Safarian's three-level hillside home on Sunset Drive in Los Angeles (Property).

Paragraph 12, states, "We do not insure loss or damage consisting of, composed of or which is the movement, settling, cracking, bulging, shrinking, heaving, or expanding of any part of covered property, whether natural or otherwise .... [¶] [This] includes by way of example but not limited to foundations, foundation fill material, foundation piers, foundation beams, slabs, pads, patios, walls, floors."

The policy also provided that "This water exclusion applies even if water combines or contributes in any way with any other excluded cause of loss or damage hereunder to cause loss or damage..." And the policy at paragraph (f) specifically excludes foundation damage.

PROPERTY DAMAGE, CLAIM, AND LAWSUIT

Water flooded the exterior of the Property as well. Safarian submitted a claim to Fire for water damage to the Property. Fire ultimately paid Safarian $637,999 in policy benefits, including $313,371 for damage to the Property, with the remainder for damage to personal property and loss of use.

Safarian hired William Musakhanyan, a licensed public adjuster, to handle his claim. Musakhanyan notified Hodson that the Property may have sustained foundation damage as a result of the plumbing breach. On March 12, 2018 a structural engineer retained by Safarian reported, "The water leak also appears to have caused fill soils in the crawl [space] . . . to settle," which in turn caused interior floor tiles to separate and an exterior foundation wall to develop cracks. Musakhanyan transmitted the engineer's report to Hodson, who on April 10 responded by email, "Per our conversation-as you know, Earth movement is not covered."

Fire denied Safarian's claim for foundation damage. Safarian sued .

FIRE'S MOTION FOR SUMMARY JUDGMENT

Fire argued it paid all covered damages and therefore did not breach the Policy. The trial court found the language of the Policy was undisputed and the trial court found that Safarian failed to meet his burden to prove Fire intentionally relinquished its right to invoke the paragraph (f) foundation damage exclusion, and he could not meet this burden based only on Fire's denial of coverage in light of Fire's reservation of rights in the denial letter. Finally, the court found that because there was no breach of contract, Fire was entitled to summary judgment as to the entire action.

DISCUSSION

In general, interpretation of an insurance policy is a question of law that is decided under settled rules of contract interpretation. The insured has the burden of establishing that a claim, unless specifically excluded, is within basic coverage, while the insurer has the burden of establishing that a specific exclusion applies.

On appeal, Safarian contended the water coverage extension provided coverage for any damage to the Property resulting from a plumbing breach, regardless of whether the damage was an uninsured loss under the Policy's general terms. The Court of Appeal agreed with the trial court that foundation damage is not a covered loss under the Policy, regardless of the cause, and Fire was entitled to judgment as a matter of law.

The dispositive issue here was not, as argued by Safarian, the convergence of a covered peril (flooding from the burst pipe) and an excluded peril (earth movement, water, soil conditions, and settling) because the purported covered peril is not covered at all. The water damage extension for a burst pipe itself has an exclusion in paragraph (f) for foundation damage. Thus, neither peril provides coverage.

Safarian contended that Fire waived its right to enforce the paragraph (f) foundation damage exclusion by failing to assert it during the adjustment of his claim. Waiver is not established merely by evidence that the insurer failed to specify the exclusion in a letter reserving rights. Safarian did not present evidence that Fire intentionally relinquished its right to assert the paragraph (f) foundation damage exclusion. Fire was free to develop one defense without impliedly waiving another.

ZALMA OPINION

No insurance policy covers every possible risk of loss. Fire found coverage for the damage done by the burst pipe and paid the insured what he agreed to concerning damage to the structure and his contents for more than $670,000. He then sought payment for damages due to settlement of the structure and its foundation that was clearly and unambiguously excluded by trying to create coverage without a basis in the policy or in the facts of the claims handling.

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#insurance #claims #insurance claims #exclusion #homeowners #water damage #settlement #expansion #earth movement #insurance books #amazon.com

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theoppositeofprofound · 7 months

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#yeah #yeah the whole decolonize movement has some issues with this #not earth shattering but it can be a bit simplistic sometimes

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roobiedo · 1 month

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Made this for the Solarpunk Aesthetic Week server in a sudden creative fever, so I guess I'll post it here too hh

A relative of mine knows someone who teaches kids, so I'm gonna suggest this as an art project for them! The idea is that students could each make/decorate their own shelf, then put them together to form a hive, which could function as mini lockers in their classrooms. Then, by the end of the school year or something, they could either take their own little shelf home (or exchange them with their peers?), or recycle them into materials for the next class! Hopefully it'll teach them about pollinators too 🐝

Idk how doable this project is really, and its scary to imagine one of my silly designs could actually become something tangible irl. But even so, I'm still excited to try 🥰 (And if anyone else attempts this too, please let me know!!!)

#art #artists on tumblr #solarpunk #earth day #ani if u see this thank u for the inspiration <3 #and uhhh idk if art can be considered action but.......#solarpunk action week #SPAW #roobiedoodle #not many people responded in the server so idk if its any good really ;;;; just leaving it here to archive ig #so far ive only shared solarpunky ideas within my tiny social circle so. its scary to think about reaching out to strangers with all this #ik like community is a big part of the movement but liiiike. OOOGH. WAAAGH IDK IDK WE'LL SEE HOW IT GOES #ok. random extra idea: i think the nest design would also look vv cool as a ceiling lamp 💡 thats how it hangs irl anyway!#bugs #wasp #insects #<-SORRY I FORGOT TO TAG WARNINGS

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thepastisalreadywritten · 1 month

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Earth Day History

Earth Day, first observed on 22 April 1970, is considered the beginning of the modern environmental movement.

As a response to increasing environmental concerns, like the oil spill in Santa Barbara in 1969, U.S. Senator Gaylord Nelson founded Earth Day to raise awareness about how to protect the environment.

Nelson and activist Denis Hayes organized teach-ins on college campuses that included various groups and organizations, drawing inspiration from protest teach-ins of the era.

With this massive mobilization, the U.S. developed key environmental laws and the Environmental Protection Agency (EPA) was created.

Earth Day 2024 Theme

The theme of Earth Day 2024 is “Planet vs. Plastics.”

This is about fighting the big problem of plastic all over the world. Earth Day organization wants to bring people from different places together.

The goal is to make much less plastic, 60% less by 2040.

We want a future without so much plastic. This is not just about having less trash, but it is also about keeping us and the environment healthy.

#Earth Day #Earth Day 2024 #environmental movement #environmental concerns #U.S. Senator Gaylord Nelson #Denis Hayes #Environmental Protection Agency (EPA)#Planet vs. Plastics #environmental laws #environment #save mother earth

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eloquentsisyphianturmoil · 2 days

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Gandalf said ‘do not offer me that’, Galadriel said ‘I would be a queen, great and terrible,’ but Elrond said ‘get that the fuck away from me’ and this is nonsensical.

The other keepers of the elven rings were most challenged by the One, why not Elrond? Is his struggle merely hidden? Is it his Maia blood? Is it simply his mixed blood? Is that why Aragorn withstood, too?

Canonically the race of men are most easily corrupted, yet Elrond half-elven, who is almost 40% man, doesn’t notably bat an eyelash. Why?

#Probably by virtue of his strange upbringing Elrond received a measure of every talent there is to be given #everything from the magic of his foremother Luthien to the supreme skill and knowledge of his foster fathers.. which makes him remarkable #But what does that make him compared to Sauron? Elrond is obviously Special with a capital S #One goes so far as to say he is the weapon the entire first age was about forging; he and elros #And in Arwen almost every ethnic group of elves and men ever finally converge #And in some time perhaps Eriol is the final descendant of this line #but that’s a different myth #Yet I can’t help but feel its essential to understanding the resounding movement of Tolkien’s pieces #however unfinished they may be..#Anyway #lotr #lotr fotr #lord of the rings #the council of elrond #Elrond #elrond peredhil #Tolkien #jrr tolkien #silm references #Silm #lotr headcanons #middle earth #lotr hc #tolkien headcanons #tolkien lore #elven rings of power #Etc.

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arthropooda · 1 year

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twoa-plus · 4 months

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gay horses my beloved

#tatsumayo #tatsumi kazehaya #kazehaya tatsumi #mayoi ayase #ayase mayoi #enstars fanart #enstars #ensemble stars #ok if u read this far in the tags #I CAN EXPLAIN #ok so tatsumi is an earth pony bc i feel like that’s what human tatsumi would pick #like i think if u asked him he would think havig magic or wings would be some kind of unfair advantage #so. earth pony :3 #mayoi is a pegasus bc of the extra movement #easier to get into vents on the ceiling and also he can hide in clouds :3 #uhh cutie marks. main thing for both of them is their symbols within alkaloid obv #u can’t see it but mayoi has a little fine brush to represent his little dioramas :)#and tatsumi has a cross bc jesus. i couldn’t think of anything else :(#i was actually going to replace it with some like mlp-equivalent religious symbol #but then i realized that i don’t think mlp really has religion?#it’s been a while since i’ve watched it maybe im forgetting smth but the closest i can think of is the princesses #and like yeah celestia and luna are basically sun/moon goddesses but they’re not really worshipped as such #like they’re just. government officials #so. i just gave up and went with horse jesus #which is like actually pretty funny to imagine now that i’m thinking about it LMAO #anyways. enjoy #i love ttmy so much i need to crush them into a fine paste and eat them #twoadrawstuff

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blue-rose-soul · 3 months

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Ooo love the devil’s bastard au

In one of your precious posts you mentioned Charlie and Nicaise meeting in heaven and getting to bond. How do you think a meeting like that would go?

They wouldn't know who the other was at first. It's an act of fate (me) that brings them together. I've seen a few different people say that the winners in Heaven don't remember their lives on Earth, but I haven't heard this until recently, and even if Vivienne did say it, I'm hesitant to take Word of God as the absolute truth until it's actually shown in the show proper. Things change in the writing process, you know?

That said, I like the idea so I'm going with it.

As a winner, Nicaise also has some deer-like traits. Her heavenly outfit is all creams and golds, she's got soft doe ears and white speckles across her cheeks, shoulders and arms, as well as a pair of cream-colored wings. Even with the deer traits though, Charlie doesn't make the immediate connection. She's a dark-skinned Creole woman who speaks with a distinct accent from Alastor's, so there's a bit of a disconnect in Charlie's mind.

They probably run into one another while Emily is showing Charlie around, perhaps at the zoo. The winners haven't been informed that they're hosting a guest from Hell because the heavenborn angels don't want to cause a panic or anything, but it becomes clear within a few minutes of conversation that Charlie's different from everyone else in Heaven. How amazed she is by the simplest things. Her sheer awe at the koala. The smell of brimstone that clings to her.

Now, Nicaise knows there's something... off about Heaven. She's known it since she first arrived and she felt like something important had been stolen from her. She just can't put together what that something was. Over the decades, the heavenborn angels have tried to placate her, reassuring that there is nothing missing from her life and that Heaven has everything she'll ever want or need. She calls bullshit. But, realizing she's not going to get anywhere butting heads, she opts to go the more subtle route, seeking out like minded winners and bringing them together. Together, she and her allies have been trying to figure out what the heavenborn are keeping from them, what they lost, but they've hit a lot of walls. Sera is too difficult to approach, and not easy to trick, Emily is just as in the dark as they are, and Adam... Well, Nicaise knows how to deal with repulsive men. But Sera realized pretty quickly what Nicaise was doing and forbid Adam from speaking to her or her cohorts, so that line of investigation was cut short.

Needless to say, Nicaise is thrilled to meet people from outside of Heaven.

She probes Charlie for information and Charlie is plenty happy to talk to someone from Heaven who doesn't seem politely disgusted by her lineage. (Something about Charlie's description of her father strikes a chord in Nicaise. She can't quite solidify the thought.) Emily is surprisingly open to the topic of conversation as well; Sera's never told her any of these things!

Nicaise knows that she must have had a life and a family back on Earth, but it's not until Charlie starts talking about souls passing to Heaven or Hell that she really understands what this means. For just a moment, the veil lifts from her memories. And then they're gone again, like a dream. Charlie, on the other hand, is more than a little peeved that Heaven is actually preventing winners from remembering their own lives. Yes, some of the memories may be painful, but these are their lives! The souls have a right to them, regardless of how painful they were! It's her first hint that Heaven might not be as idyllic as it seems.

Unfortunately, Charlie's meeting with Heaven's higher ups means they don't have as much time together as they would like, nor will they have any way to contact one another once Charlie returns to Hell. But she's left a lasting impact on Nicaise and has an ally in her and Emily both. Emily tells Nicaise everything that happened in the meeting, including the revelation of the exterminations. Nicaise passes this on to her group, who pass it on to more people who pass it on to even more people.

Soon winners all over Heaven are questioning and Sera is panicking. Things get worse for her when Sir Pentious shows up in her office. If she's going to maintain order over Heaven, she needs to find the people responsible for spreading disorder, and get rid of them. Fast.

#ask #anonymous #Hazbin Hotel #the Devil's Bastard AU #Charlie Morningstar #Alastor's Mother #Hazbin Hotel OC #Nicaise (Hazbin Hotel OC)#Emily (Hazbin Hotel)#Sera (Hazbin Hotel)#sorry this took so long I kept rewriting stuff #I almost wrote this whole narrative about Nicaise starting a resistance movement in Heaven #before I realized how long-winded it was getting #the winners in Heaven do seem to have SOME idea of what's happening on Earth #since the Cherubs in Helluva Boss explicitly go to earth to aid people on their behalf #but I imagine they only get a filtered view of what happens #after all they wanted to give Lyle Lipton a blessing because of all the 'good' he did with his inventions #but seemed oblivious to the fact that he... y'know #experimented on poor people who were likely desperate and willing to do anything to get out of terrible situations #plus a friend of mine introduced me to Autodale and I'm enjoying the crap-saccharine dystopia theme

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twistedcell · 2 years

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#About the Movement of the Earth #manga #manga cap #manga cap edit #my edits

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kahixxi · 1 year

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My fav historical manga:

Requiem of the Rose King (Aya Kanno) The Apothecary Diaries (Natsu Hyuuga, Nekokurage, Itsuki Nanao) Golden Kamuy (Satoru Noda) Hell's Paradise: Jigokuraku (Yuuji Kaku) About the Movement of the Earth (Uoto) Vinland Saga (Makoto Yukimura) Green Blood (Masasumi Kakizaki) Vagabond (Takehiko Inoue, Eiji Yoshikawa) The Angel of Elhamburg (Aki)