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No one has posted it yet so let me contribute. Percy sharing Wenvier rain scene fanart!
#wenvier#waiver#wenthropy#we have so many ship names you guys#I think I’m also going to start tagging it#ship: you can cut it with an executioners axe#maybe I should shorten it…#xavier x wednesday#xavier thorpe#percy hynes white#jenna ortega#Wednesday#wednesday addams
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Waiver 🤝 wenclair
Hating on Tyler
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I love these behind the scenes pics we’re getting
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Martin v. Hudson Farm Club, Inc. (D. N.J. 2021)
Martin v. Hudson Farm Club, Inc. (D. N.J. 2021)
DAVID MARTIN and LUISA MARTIN, Plaintiffs,
v.
HUDSON FARM CLUB, INC.; LUKAS SPARLING; and GRIFFIN & HOWE, INC Defendants.
Civil Action No. 18-02511
United States District Court, D. New Jersey
December 31, 2021
NOT FOR PUBLICATION
OPINION
Stanley R. Chesler, United States District Judge
This matter comes before the Court on the motions for summary judgment filed by Defendants Hudson Farm Club…
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My family's autism services are working for us, so we will probably lose them
If accommodations or services are working and “challenging behaviors” are not as obvious or frequent, they’re often removed as “no longer needed.”
Yesterday was rough.
I very rarely talk about my child because her privacy is important, so I will keep this as vague as possible. We had a tough day, though.
While we do everything we can to avoid autistic meltdowns, sometimes the world just throws a set of circumstances at life faster than their developing and hyper-reactive nervous systems can adjust for.
Yesterday was that day.
If she…
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Magistrate Contends Fortuity Defense can be Waived
Read the full article at https://lnkd.in/gQAiPWHB and at https://zalma.com/blog plus more than 4250 posts and see the full video at https://lnkd.in/gCG8h72B and at https://lnkd.in/gdWkPwAe.
Homeland Insurance Company of New York (“Homeland”) sued Clinical Pathology Laboratories, Inc. (“CPL”) for a declaration that it has no duty to reimburse Defendants for defending a number of medical negligence lawsuits filed against them in Ireland Homeland Insurance Company Of New York v. Clinical Pathology Laboratories, Inc. and Sonic Healthcare USA, CIVIL No. 1-20-CV-783-RP, United States District Court, W.D. Texas, Austin Division (July 19, 2022)
BACKGROUND
Homeland alleges that it agreed to expanded coverage only after requiring Defendants to agree to certain “warranties” in a letter dated July 27, 2016, that promised there were no pending claims.
ANALYSIS
Because the purpose of insurance is to protect insureds against unknown, or fortuitous, risks, fortuity is an inherent requirement of all risk insurance policies. The fortuity doctrine relieves insurers from covering certain behaviors that the insured undertook prior to purchasing the policy. The doctrine precludes coverage when the insured is or should be aware of an ongoing progressive or known loss at the time the policy is purchased. The insurer bears the burden of establishing that the fortuity doctrine bars coverage.
The doctrine has its roots in the prevention of fraud; because insurance policies are designed to insure against fortuities, fraud occurs when a policy is misused to insure a certainty. Fraud is an affirmative defense under Texas law. For these reasons, the Court concluded that the fortuity doctrine is an affirmative defense under Texas law.
Homeland Waived the Defense
Based on the specific facts of this case, the Court found that Homeland’s delay in raising the fortuity defense constitutes unfair surprise.
ZALMA OPINION
The fortuity issue is only one of many issues brought to the court and resolved by the recommendations of the Magistrate Judge. The District Judge may accept or reject the recommendations of the Magistrate Judge’s lengthy opinion. Since there is a need for fortuity as the essence of insurance and as a recognized unwritten exclusion in every policy it appears the Magistrate Judge erred when he concluded that asserting the defense late is an “unfair surprise”. Since almost every answer to a suit contains an affirmative defense of a failure to state a cause of action the fortuity defense was asserted. It is always there and can’t be hidden.
(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected].
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NPZ Law Group was so very pleased to have a chance to share valuable US Immigration Law information with the greater FMG and IMG communities worldwide.
#immigration#visa#h-1b#green card#perm#h-1b visa#uscis#india#us#usa#us immigrants#immigration lawyers#j-1#2 year foreign residency requirement#waivers#waiver#212(e)#dos#Conrad#northern border#arc#Conrad waiver#was enacted as immigration and nationality act (ina) section 204(j). this portion of the ina states as follows: .#h 1b professional visa#o 1 visa#h 1b visa transfer#mua#hpsa#hrsa#hhs
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The Common Interest Privilege Against Disclosure – A Quick Legal Note
This note discusses the common interests privilege - a unique legal derivative of the attorney-client and work-product privilege from disclosure of information and documents under subpoena or discovery.
This note discusses the common interests privilege – a unique legal derivative of the attorney-client and work-product privilege from disclosure of information and documents under subpoena or discovery. The common interests privilege, also known as the joint defense privilege or pooled information privilege, is an exception to waiver of confidentiality after disclosure to technical third parties.…
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#andrew bernhard#attorney#attorney client privilege#bernhard law firm#common interest#common interest privilege#exception#florida#joint defense#joint defense privilege#lawsuit#pooled information#pooled information privilege#privileged material#third parties#waiver#work product privilege
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Virginia AG threatens legal action over NCAA denial of James Madison football waiver
A law firm engaged by Virginia attorney general Jason Miyares sent a demand letter to the NCAA on Wednesday threatening legal action if James Madison football was not granted a full bowl eligibility waiver.
Later Wednesday, the waiver request was denied for the second time. JMU, which is ranked No. 18 in the AP Top 25 but cannot appear in the College Football Playoff rankings, is 10-0 and…
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Waiver | Pardons Canada
A U.S. Entry Waiver (Advanced Permission for Admissibility) is simply a document that allows someone who has been convicted of a criminal offence to legally enter the US.
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Why I think Wenvier (Waiver) is end game:
I saw the connection from start but what solidified for me was this scene here. The way Xavier was framed at the center on a balcony gives classic romantic prince vibes. Not to mention that change in music as he appears, yes the song was already soft and light but it swells the moment she looks up and notices him.
The fact that Wednesday goes to him needs to be pointed out. His smile and wave could have gone ignored in true Wednesday fashion if she hadn’t wanted to interact with him but no, she makes her way up to him. When she reaches him she does a look over and so does he, of course his is more obvious because by now we already know that this boy has got it bad.
As far as this next comment goes it could just be me but to me there is a change in her eyes when he starts talking about what the things that had been said in the jail cell and how she needs to come with a warning. They’re wider making them seem softer oppose to her normal nonchalant stare. I know there’s the theory that her blinks having emotional weight and lo and behold, we get a pretty prominent blink.
His teasing of yes, no, maybe and that smile as he watches her go tells us that his feelings for her are definitely still there. Other few things to point out is that she accept the phone even though she hates technology and it was already on by the time Lurch was driving out of Nevermore which to me means she is not planning to ignore that she has it. Wednesday and Xavier were also the only “ship” characters that ended up with a song on the soundtrack, music can be very important to scenes so it’s interesting that the music team decided that these two needed their own theme.
Last but definitely not least, is the fact that Xavier was Wednesday’s last interaction with another character. They could have easily ended it with a goodbye to Enid but they choose a goodbye to Xavier and I believe that's for a reason ;)
Well that’s it. I believe in Wenvier supremacy (and I find it so surprising that so many people are sleeping on them considering their other interactions, the Cello painting scene had my heart skipping beats) and of course it could change because we now live in a world where creators are made to cater to fanservice but I without a doubt believe that Wednesday and Xavier were build up to be a slow burn endgame. Here’s to hoping it gets renewed and we find out.
#Hexys thoughts#Waiver#Wenvier#wenthropy#ship: you can cut it with an executioners axe#xavier x wednesday#wavier#wednesday addams#Wednesday x Xavier#xavier thorpe
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5 Tips for Avoiding Credit Card Fees
Credit cards can be useful financial tools that help you pay for purchases conveniently or serve as safety nets in emergency situations when you don’t have cash on hand. However, to use a credit card to the fullest, it’s important to be aware of the terms and conditions attached to your specific card. In particular, you’ll want to familiarize yourself with the various fees you can incur by using…
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Release validity was based on whether brother had authorized brother to sign electronic release for him.
Issue revolved around the authority of one brother to sign the electronic release on behalf of the other brother.
Marken v. Wachusett Mountain Ski Area, Inc., 21-P-667 (Mass. App. May 02, 2022)
State: Massachusetts; Appeals Court of Massachusetts
Plaintiff: Charles Marken
Defendant: Wachusett Mountain Ski Area, Inc.
Plaintiff Claims: Negligence
Defendant Defenses: Release
Holding: Ski Area…
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BUCKSHOT ROULETTE, a computer game by mike klubnika.
#gamingedit#horroredit#dailygaming#indie games#buckshot roulette#mygifs#horror tw#gun tw#love the idea of whoever signed the waiver god being someone who thought they were immortal#sorry just wanted to gif this silly little game
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Fantasy Football Week 15 Wide Receiver Preview: Projections, waiver adds, DFS plays, and more
Fantasy Football Week 15 Wide Receiver Preview: Projections, waiver adds, DFS plays, and more
USATSI
The biggest question going into Week 15 will be how to deal with all these pass catchers playing with backup quarterbacks. Surprisingly, I’m not sure you should be worried about most of them.
In Arizona and Pittsburgh specifically, Colt McCoy and Mitchell Trubisky have actually put up more yards per pass attempt than Kyler Murray and Kenny Puckett. Their goals are distributed a bit…
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Giving Up Right of Subrogation Cost Insurer $25 Million
Insurer Should Get Premium for Waiver of Subrogation
Barry Zalma
Oct 5, 2023
Read the full article at https://lnkd.in/g7Sbh7Jp and see the full video at https://lnkd.in/gvzb8SdX and at https://lnkd.in/g6N-AUFH and at https://zalma.com/blog plus more than 4650 posts.
Evanston Insurance appealed from a judgment entered after the trial court granted summary judgment in favor of Southern California Edison Company (SCE) and against Evanston Insurance Company (Evanston) as to Evanston’s claims for equitable subrogation, equitable indemnity, restitution, and declaratory relief.
In Evanston Insurance Company v. Southern California Edison Company, B320392, California Court of Appeals, (September 29, 2023) Evanston contributed $25 million to settle claims by property owners against its insured, The Original Mowbray’s Tree Service, Inc. (Mowbray’s), which was a subcontractor of Utility Tree Service, Inc. (UTS) under UTS’s contract with SCE to manage certain vegetation proximate to SCE’s equipment.
According to Evanston, the property owners’ claims arose out of a wildfire they alleged was caused by a tree hitting power lines that were owned and operated by SCE. Evanston asserted that the wildfire resulted solely from SCE’s negligence.
In its motion for summary judgment, SCE argued that the following waiver provision in Mowbray’s subcontract with UTS barred Evanston’s claims: “Subcontractor [(Mowbray’s)] waives and will require all of its insurers to waive all rights of recovery against Contractor [(UTS)] or the Owner [(SCE)], their affiliates, their directors, officers and employees, whether in contract, tort (including negligence and strict liability) or otherwise.” The trial court agreed and entered judgment in SCE’s favor.
On appeal, Evanston contended the waiver provision is ambiguous and that the trial court erred in failing to analyze separately whether SCE’s waiver defense applied to Evanston’s equitable indemnity and restitution causes of action. Regardless, the Court of Appeals concluded that the plain language and context of the waiver provision demonstrated that the provision unambiguously precludes Evanston’s equitable subrogation claim against SCE.
FACTUAL BACKGROUND
In February 2015, a wildland fire ignited in Bishop, California on property owned by the Los Angeles Department of Water and Power (Round Fire). Evanston alleged that property owners and their subrogated insurers filed at least 10 lawsuits in the aftermath of the Round Fire to recover damages. Evanston asserts that the plaintiffs in the lead action (underlying action) alleged that the fire was caused by a tree (subject tree) that contacted power lines owned and operated by SCE.
The subcontractor agreement included the obligation to carry $41 million per occurrence in insurance coverage.
Evanston alleged that during the underlying action, SCE, which claimed to be an additional insured under the policy, repeatedly threatened to bring a bad faith action if Evanston did not pay the full amount of the policy and it under pressure agreed to contribute the $25 million policy limit to a settlement and reserved its rights to pursue full recovery from SCE ignoring the waiver provision of the contract and Evanston’s policy wording.
The trial court heard and granted SCE’s motion for summary judgment.
APPLICABLE INSURANCE LAW
A judgment or order of a lower court is presumed to be correct on appeal, and all intendments and presumptions are indulged in favor of its correctness. Evanston bore the burden of rebutting the presumption of correctness accorded to the trial court’s decision, regardless of the applicable standard of review.
APPLICABLE SUBROGATION PRINCIPLES
In the case of insurance, subrogation takes the form of an insurer’s right to be put in the position of the insured in order to pursue recovery from third parties legally responsible to the insured for a loss which the insurer has both insured and paid.
An insured’s contractual waiver defeats an insurer’s subrogation claim.
DISCUSSION
The waiver provision at issue appears in exhibit B of the agreement, which is a two-page document entitled “Insurance.” On the first page and under the subheading “Subcontractor’s Insurance” (boldface & underscoring omitted), the subcontract required the “Subcontractor” to “obtain and maintain” certain specified “policies of insurance ….” It provided that the subcontractor waived all of its rights against SCE and that its insurer agreed to the waiver.
The context of the waiver provision supports the conclusion that it encompasses claims against SCE that Mowbray’s would otherwise have been able to transfer to its insurers. In sum the plain language of the waiver provision unambiguously foreclosed Evanston’s equitable subrogation claim against SCE.
The waiver provision was presumably available for Evanston’s review when it underwrote the insurance policy for Mowbray’s and it agreed to support the waiver.
Because The Waiver Provision Is Unambiguous, The Court Rejected Evanston’s Arguments Supporting Its Construction Of The Provision
When a dispute arises over the meaning of contract language, the first question to be decided is whether the language is “reasonably susceptible” to the interpretation urged by the party. If it is not, the case is over. Because the Court of Appeals concluded for the reasons set forth above that the waiver provision’s reference to “all rights of recovery against Contractor or the Owner” unambiguously included Evanston’s equitable subrogation rights against SCE.
The judgment was affirmed. Respondent Southern California Edison Company is awarded its costs on appeal.
ZALMA OPINION
Insurers like Evanston issuing general liability policies often, if not invariably, agree to waive the insurer’s right to subrogation. Evanston’s policy allowed for the waiver and had no more rights than its insured who had waived the right by a clear and unambiguous contract and caused its insurer, Evanston, to include the waiver. Evanston tried to change the meaning of the contract on appeal but was unable to explain why it had agreed to the waiver before the issuance of the policy.
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