#fortuitous
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I should call him
#ha#gpoy#cucumber#fresh#vegetable#yum#redub#truth#mine#fortuitous#luck#member#anatomy#man#dude#unf#want
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Then you turned up and I thought life made sense at last.
Iris Murdoch, from The Book and the Brotherhood
#at last#falling into place#it all makes sense now#soul mates#relationship#fortuitous#fanfic inspo#romance novel inspo#quotes#lit#words#excerpts#quote#literature#iris murdoch#the book and the brotherhood
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I am starting something called “Word of the Day”, where I take the word of the day from Webster.com and write a song based off of it. I’ve already have 3 other songs, but I felt like this one was the most worthy of being heard...I hope you like it! And get used to it, I’ll probably do this every single day I can (although I already missed a day)
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☀️Tramonto al parco di Monza☀️ . ✨sconto alert!✨cliccando al link in bio @marioottaviani accederete alla mia photo gallery sulla piattaforma @saal_digital per l'acquisto dei miei foto quadri, c'è uno sconto che vi aspetta! 😉 . Sony a7rII | Sony FE 12-24 F2.8 GM . #parcodimonza #monza #giardinirealimonza #sunset_universe #sunset #sunsetcolors #lake #tree #fortuitous #photogallery #MarioOttaviani #naturelovers #naturephotography #nature #tramonto #reflectionsonwater #reflections #sonyalpha #sonyalphaclub (presso Parco di Monza) https://www.instagram.com/p/CmjJQrdMdb2/?igshid=NGJjMDIxMWI=
#parcodimonza#monza#giardinirealimonza#sunset_universe#sunset#sunsetcolors#lake#tree#fortuitous#photogallery#marioottaviani#naturelovers#naturephotography#nature#tramonto#reflectionsonwater#reflections#sonyalpha#sonyalphaclub
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Insurance Only Pays for Fortuitous Losses
Misplaced Trust Excluded
Barry Zalma
Mar 7, 2024
Read the full article at https://lnkd.in/d5PzkgWM and see the full video at https://lnkd.in/dwRCQUAA and at https://lnkd.in/d8p2WgD9 and at https://zalma.com/blog plus more than 4750 posts.
Read the full article at https://lnkd.in/d5PzkgWM and see the full video at https://lnkd.in/dwRCQUAA and at https://lnkd.in/d8p2WgD9 and at https://zalma.com/blog plus more than 4750 posts.
W.W. Contracting, Inc. and its owner, Doug Williams (collectively, W.W.), entrusted tools to a W.W. employee but demanded their return at the end of his employment. When the now-former employee allegedly failed to return all the tools, W.W. reported them as stolen and sought insurance coverage for the alleged theft. W.W.’s insurance company denied the claim primarily because W.W.’s insurance policy excluded coverage for property loss “caused by or resulting from dishonest acts by anyone entrusted with the property.”
In Doug Williams and W.W. Contracting, Inc. v. Pekin Insurance, Inc., No. 23A-PL-995, Court of Appeals of Indiana (March 4, 2024) the Court of Appeals resolved the dispute.
FACTS
W.W. employed Dante Wells from December 2017 to January 2019. During this time, Wells allowed W.W. to store its company tools on a piece of real estate Wells owned in Tippecanoe County. In exchange, W.W. allowed Wells to use the tools for “side work” in his own name.
In March 2019, after Wells stopped working for W.W., the company demanded that Wells return the tools stored on his property. When Wells refused, W.W. reported the tools as “stolen” to the Tippecanoe County Sheriff’s Department and sued Wells for replevin. Wells eventually returned what he claimed were all of W.W.’s tools. W.W. therefore submitted an insurance claim to its insurance company, alleging Wells stole the missing tools.
THE POLICY
At all relevant times, W.W. Contracting, Inc. was the named insured on a commercial insurance policy (the Policy) issued by Pekin Insurance (the Insurer). The policy excluded: “Dishonest Act/Entrusted Person, We will not pay for a ‘loss’ caused by or resulting from dishonest acts by anyone entrusted with the property.”
DISCUSSION
W.W.’s allegation that Wells stole its tools established the occurrence of a dishonest act for purposes of the Insurer’s motion for summary judgment.
Wells Was a Person Entrusted with W.W.’s Tools
By entrusting its tools to Wells, W.W. placed its confidence in Wells not to steal the tools.
ZALMA OPINION
When an insurance policy excludes certain potential losses in clear and unambiguous language a court must apply the exclusion as written. There was no question that WW entrusted the tools to Wells and claimed he either stole the tools or they disappeared mysteriously. Both potential events were excluded and the policy excluded the claimed loss.
(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://lnkd.in/gcZKhG6g
Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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://lnkd.in/gcZKhG6g
Go to X @bzalma; Go to the Insurance Claims Library – https://lnkd.in/gwEYk
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My beverage may be finished, but the experience stays with me.
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Rhia for @fortuitous-seer !
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Onyx the Fortuitous & the Talisman of Souls
2023 | dir. Andrew Bowser
#onyx the fortuitous and the talisman of souls#onyx the fortuitous#andrew bowser#jeffrey combs#horroredit#horrorgifs#horrorfilmgifs#userhorroredits#filmedit#classichorrorblog#societyclub#fyeahmovies#junkfooddaily#dailyflicks#filmtvdaily#filmtvsource#filmtvcentral#filmtv#userfilm#crumbedit
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Happy Accidents // For my wonderful friend @__got2haveit #fortuitous tag. Open tag! • • #MBS #poetry #poem #poetsofinstagram #poetsofig #poetrycommunity #happyaccidents #poetryislife #writer #writersofinstagram #writingcommunity #writerscommunity #writing #writerscorner #writtenword #spilledthoughts #spilledink #instapoet #instapoetry https://www.instagram.com/p/CjVb--dOnrn/?igshid=NGJjMDIxMWI=
#fortuitous#mbs#poetry#poem#poetsofinstagram#poetsofig#poetrycommunity#happyaccidents#poetryislife#writer#writersofinstagram#writingcommunity#writerscommunity#writing#writerscorner#writtenword#spilledthoughts#spilledink#instapoet#instapoetry
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Rhia Siv Assel - character and commission belongs to fortuitous-seer 🌼
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Your touch brought forth an incandescent glow, tarnished but so grand -> And so I enter into evidence my tarnished coat of arms / My muses, acquired like bruises, my talismans and charms
#taylor swift#ivy#evermore#the tortured poets department#folklore and evermore bbys the og tortured poets#btw i think the tarnished coat of arms probably has more to do with the chinks in the armor of the rep prologue#but I do like me a parallel!!!!!#ts11#this post inspired by the fortuitous post in my queue this morning
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haven't been to any pride stuff yet so i'm gonna amble my way down to the TreeHouse Party out at 519 church for a bit, gimme a wave if u see me there
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the d in dc stands for dylanstrome. if you were wondering.
#dylan strome#capitals#washington capitals#nhl#nhledit#hockey#hockeyedit#meg.caps#meg.gif#meg.all#hiiii dylan. hi.#that's MY 2015 draft pick. actually so fortuitous for my guy to find a home with my team!!!!#love when good things (washington capitals org and fans loving and wanting him) happen to good people (dylan strome)
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This movie was so much fun and had so much Jeff god bless Onyx
#myart#fanart#bartok the great#onyx the fortuitous and the talisman of souls 2023#jeffrey combs#chibi#would love to see a crossover between him and Mordrid good vs evil type thing#this (69) year old man is my baby boy baby#evil
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No Cover for Faulty Workmanship
Breach of Contract is not an Occurrence
Barry Zalma
Jun 8, 2023
Read the full article at https://lnkd.in/gkjauQQB and see the full video at https://lnkd.in/gfefkDTa and at https://lnkd.in/g7cwC_bY and at https://zalma.com/blog plus more than 4500 posts.
In American Home Assurance Company v. Superior Well Services, Inc., No. 22-1498, United States Court of Appeals, Third Circuit (May 31, 2023) American Home Assurance Co. (“American Home”) appealed the District Court’s order grant of summary judgment for policy holder Superior Well Services, Inc. (“Superior”).
BACKGROUND - The Underlying State Law Claim
U.S. Energy contracted with Superior for hydraulic fracking services to extract natural gas from wells owned by U.S. Energy. In November 2007, Superior notified its insurance provider, American Home, about the potential claim for damage to wells. In February 2008, American Home agreed to provide Superior with defense counsel, but it also sent Superior a letter reserving its right to contest insurance coverage.
U.S. Energy sued Superior in New York state court, alleging that Superior had damaged 97 of its wells. After trial the jury found that Superior breached the contract by failing to perform services with reasonable care, skill and diligence. The jury found Superior had damaged 53 of the 97 wells and specified that Superior “fail[ed] to perform its contract with U.S. Energy in a workman like manner” and that this “failure” was “a substantial factor in causing damage to the U.S. Energy wells[.]” Accordingly, it awarded U.S. Energy $6.16 million, a figure that was increased to approximately $13.18 million after the state court tabulated interest.
THE DISPUTE BETWEEN SUPERIOR AND AMERICAN HOME
Superior’s policy provided coverage for “property damage” arising out of an “occurrence.” The policy defined “property damage” as both “[p]hysical injury to tangible property, including all resulting loss of use of that property.”
Superior also purchased an “underground resources and equipment coverage” (“UREC”) endorsement that amended the CGL policy to provide additional coverage “against risks associated with well-servicing operations[.]” Specifically, the endorsement “added” coverage “with respect to ‘property damage’ included within the ‘underground resources and equipment hazard’ arising out of the operations performed by [Superior] or on [Superior’s] behalf[.]”
American Home sued seeking a declaratory judgment that Superior’s policy does not indemnify Superior for any damages that might be awarded to U.S. Energy and which were caused by Superior’s breach of contract.
THE DISTRICT COURT’S OPINION
The District Court granted summary judgment for Superior and, by extension, for U.S. Energy, and it ordered American Home to indemnify Superior for the state court judgment. The Court concluded that each of the 53 damaged wells gave rise to a separate occurrence, triggering an independent coverage limit for each respective well.
DISCUSSION
The definition of “accident” required to establish an “occurrence” under the policies cannot be satisfied by claims based upon faulty workmanship. Such claims simply do not present the degree of fortuity contemplated by the ordinary definition of “accident” or its common judicial construction in this context.
To hold otherwise would be to convert an insurance policy into a performance bond. The Court was unwilling to do so, especially since such protections are already readily available for the protection of contractors.
The UREC endorsement reinstates coverage by providing that the exclusion “does not apply to any ‘property damage’ included within the ‘underground resources and equipment hazard[.]'” Notably, to trigger coverage, the endorsement expressly requires “property damage,” which, under the underlying policy, is covered only if it “is caused by an ‘occurrence.'” The endorsement incorporates the “occurrence” requirement by way of the “property damage” requirement.
No provision in the endorsement implicitly, let alone expressly, repudiates the “occurrence” requirement.
The Third Circuit Court of Appeal concluded that the endorsement does not displace the underlying policy’s occurrence requirement and reversed the District Court’s summary judgment order and remanded the case to the District Court with instructions to enter judgment for American Home.
ZALMA OPINION
The key to every liability insurance policy is that for coverage to apply the loss must be fortuitous, that is, it must be neither expected nor intended by the insured and must fit within the generally understood meaning of the term “accident.” Under no definition of fortuity is faulty workmanship by the insured. Since the jury found the insured responsible for its breach of contract by means of faulty workmanship there was no occurrence and no coverage
(c) 2023 Barry Zalma & ClaimSchool, Inc.
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Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected]
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Write to Mr. Zalma at [email protected]; http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com. Go to the podcast Zalma On Insurance at https://podcasters.spotify.com/pod/show/barry-zalma/support; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; https://creators.newsbreak.com/home/content/post; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library.
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#insurance#claims#insurance claims#fortuity#fortuitous#accident#insurance coverage#insurance books#amazon.com
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Every time i see Jeffrey Cums i go “man that mf ugly” then i spend the next two hours looking at photos of him and while giggling and twirling my hair
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