The illegal population has shrunk in recent years, thanks to increased enforcement of the immigration laws and, less happily, the recession
National Review, Dec 7, 2009
* The illegal population has shrunk in recent years, thanks to increased enforcement of the immigration laws and, less happily, the recession. One of the leading arguments for amnesty, that it is necessary to combat illegal immigration, has thus been disproven. But Homeland Security chief Janet Napolitano has just reiterated the administration’s support for an immigration overhaul that includes a “tough and fair pathway to earned legal status”–in other words, an amnesty–for illegal immigrants.
Perhaps the administration is just stringing Hispanic groups along
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Alion Wins $6M in Task Orders to Digitize Scientific and Technical Documents for DoD Information Analysis Centers
Business Wire, Nov 23, 2009
Technology Solutions Company to Make National Treasure Trove of
Information More Accessible
MCLEAN, Va. — Alion Science and Technology, an employee-owned technology solutions
company, has been awarded task orders valued at $6 million to digitize
nearly 110,000 Department of Defense (DoD) paper documents for the
Defense Technical Information Centers (DTICs) Total Electronic
Migration System (TEMS).
Under the three-year contract, Alion will scan scientific and technical
data from the libraries of the Weapon Systems Technology Information
Analysis Center (WSTIAC) and the Advanced Materials, Manufacturing and
Testing Information Analysis Center (AMMTIAC) into electronic documents
and make them available through TEMS, a searchable, web-based system.
The work will also give users the ability to store, retrieve and use
large quantities of data electronically in performance of their missions.
The mission of TEMS is to put valuable scientific and technical
information that is pertinent to supporting the warfighter at users
fingertips, said Chris Amos, Alion Senior Vice President and Manager of
the Technology Solutions Group. The AMMTIAC and WSTIAC libraries house
more than 400,000 hard-copy documents, which span the areas of
materials, manufacturing, and testing as well as the development,
production, fielding and maintenance of conventional and modern weapon
systems. Alion is spearheading these efforts as part of a long-term
project to help DTIC convert all of its high-priority documents into
digital format. It is an enormous, but important undertaking.
AMMTIAC and WSTIAC are two of the 10 DTIC Information Analysis Centers
(IACs). The IACs house libraries of information that are focused on
specific technology areas, in addition to providing technical expertise
in these areas. DTIC is headquartered at Fort Belvoir, Va., and serves
the DoD by providing access to scientific and technical information for
DoD personnel and contractors, including researchers, designers and
engineers.
The period of performance runs until Sept. 1, 2012
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MULTI-MILLION-DOLLAR VERDICTS
Rough Notes, Apr 2009 by Malecki, Donald S
Caveats for limited liability companies
It seems like $21 million is somewhat excessive for an auto accident involving non-fatal injuries to one person in what appears to be anything but a high-impact, high-speed accident. However, considering the declining value of the dollar, the susceptibility of damage to autos, the fragility of human life, the generosity of juries today and, particularly, the current state of the economy, these high awards may likely become more common.
The case Peerless Ins. Co. v. Eugene Roedder, et al., 4-.08CV729 RWS (U.S. Dist. Ct. E.D. Mo. 2009) involves an interesting story where producers, risk managers and insurance people in general can learn at someone else’s expense and experience how to lessen the chances of the same financial disaster occurring.
Since this case involved a limited liability company – which is producing some new insurance issues not limited solely to liability insurance – the discussion temporarily digresses to explain how an LLC affects this and other insurance issues before returning to the subject at hand and its conclusion.
Briefly, at the time of the accident, Roedder [defendant] was the registered agent, organizer, coowner, and manager of Gencar, a limited liability company owned by him and his wife. The company owned one piece of commercial real estate. The defendant’s duties, regarding that company, consisted of managing it, performing maintenance, tenant relations, and maintaining a monthly ledger as to accounts receivables. This limited liability company was the only named insured listed on a commercial liability and umbrella policy issued by Peerless [insurer].
On the day of the accident, the defendant was driving his own automobile from his home to his cabin for a weekend vacation. This automobile was insured by a personal auto policy issued by State Farm. The accident occurred as the defendant attempted to pull into a restaurant parking lot.
Litigation ensued. The case does not discuss what the injuries were, the nature of the accident, whether the plaintiff was a motorist or pedestrian and why the court decided on this high amount of damages despite the defendant’s admission of fault. That would have been nice to know for purposes of case analysis.
Nonetheless, the defendant fortunately was defended by its personal auto insurer, State Farm. The defendant admitted liability and a verdict was returned against him in the amount of $21 million. Presumably, the insurer, after providing a defense, paid its limit of insurance, which was insufficient, causing the defendant to look elsewhere for coverage.
Hired and non-owned auto cover
With the commercial liability policy excluding the ownership, maintenance, use, or entrustment to others of any auto owned or operated by or rented or loaned to any insured, the defendant’s only alternative was the hired and non-owned auto liability endorsement attached to his commercial liability policy.
The hired and non-owned auto endorsement, which commonly is issued in relation to the business-owners policy, is ideal for the owner of a business who does not own any business autos but could have a business-use exposure. This endorsement, however, proved to be without value for the following reasons:
First, coverage is limited to business usage. The defendant may have realized this endorsement’s limitation when he testified that it was “possible” he might have been at one of his company’s rental properties earlier the morning of the accident.
The problem with that argument, according to the Missouri court, was that it did not change the fact that at the time of the accident, the defendant was traveling for a personal, not business, reason.
Second, the named insured on the endorsement was the defendant’s company and not the defendant individually. With that in mind, the endorsement covered the company with respect to a non-owned auto but only while the auto was being used for business purposes, which was not the case here.
Third, the hired and non-owned auto liability endorsement also covers any partner or executive officer of the named insured, but only while using a non-owned auto in the company’s business
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US District Court, Maryland: Parts Inc., et al. v. Utica Mutual Ins.
Daily Record, The (Baltimore), Apr 6, 2009
Insurance
Duty to defend
BOTTOM LINE: District court granted summary judgment where insurer did not have a duty to defend employee accused of sexual harassment since alleged actions were not related to the conduct of business as required by the insurance policy.
CASE: Parts Inc., et al. v. Utica Mutual Ins. Co., USDMD No. RWT 07-2882 (filed Feb. 27, 2009) (Judge Titus).
FACTS: Dwight Puckett and B&J; Auto Supply filed an insurance coverage action to recover the fees and costs incurred defending a lawsuit. The lawsuit in question was filed against them by Amy Blankenship, a 17-year-old high school junior at the time she worked as a stock person at B&J.; She filed suit against Puckett and B&J; in circuit court and alleged sexual harassment by Puckett.
Prior to the incident in question, Utica Mutual Insurance Company issued Business Owners Insurance to B&J; for the period of time covered by the allegations in the suit. The policy provided third- party liability coverage subject to certain conditions and exclusions.
B&J; notified Utica of the suit, Utica conducted an investigation and denied that it had a duty to defend the suit, citing certain exclusions under the Policy. The circuit court granted summary judgment to B&J; on all counts, with the exception of negligent retention and supervision in the sexual harassment suit. The plaintiff then dismissed her case. No settlement was reached with her, nor was any payment made to her.
B&J; and Puckett filed a declaratory judgment action against Utica. Utica removed the case to federal court on the basis of diversity jurisdiction. Utica filed a motion for summary judgment based upon the insurance contract.
The district court granted Utica’s motion for summary judgment.
LAW: Under Maryland law, the insurer’s duty to defend is a contractual duty arising out of terms of the liability insurance policy and is broader than the duty to indemnify. Litz v. State Farm Fire & Cas. Co., 695 A.2d 566, 569 (Md. 1997). The insurer has a duty to defend its insured for all claims that are potentially covered. Brohawn v. Transamerica Ins. Co., 347 A.2d 842, 850 (Md. 1975). Even if a plaintiff does not allege facts that clearly bring the claim within or without policy coverage, the insurer must still defend if there is a potentiality that the claim could be covered by the policy. Walk v. Hartford Cas. Ins. Co., 852 A.2d 98, 106 (Md. 2004).
This requires the Court to make a two-part inquiry. St. Paul Fire & Marine Ins. v. Pryseski, 438 A.2d 282, 285 (Md. 1981). First, what is the coverage and what are the defenses under the terms of the insurance policy? Id. Second, do the allegations in the underlying tort action potentially bring the tort action within the policy coverage? Id.
Maryland follows what is referred to by some commentators as “the eight corners rule.” Id. This rule requires the Court to consider only the underlying complaint and the insurance policy to determine the potentiality of coverage. Id. This rule has been modified to permit insureds (but not insurers) to produce extrinsic evidence for the purpose of demonstrating the potentiality of coverage. Aetna Cas. & Surety Co. v. Cochran, 651 A.2d 859, 866 (Md. 1995).
Any doubt as to whether there is a duty to defend must be resolved in favor of the insured. Walk, 852 A.2d at 106-07. If any claims alleged in the complaint potentially come within the policy coverage, the insurer is then obligated to defend all claims. Utica Mut. Ins. Co. v. Miller, 746 A.2d 935 (Md. Ct. Spec. App. 2000). However, an insured may not extract stray phrases out of letters and discovery to transform allegations into coverage-triggering claims. Moscarillo v. Prof. Risk Mgmt. Servs., Inc., 921 A.2d 245, 256 (Md. 2007) (quoting Walk, 852 A.2d at 105).
Here, the police defined “insured” as “an organization other than the partnership, joint venture or limited liability company,” as well as its “employees or managers, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.” The alleged sexual act and sexual harassment were not acts committed within the scope of Puckett’s employment by B&J.; The denials by Puckett of the allegations of the complaint did not establish the duty to defend.
The question of the duty to defend turns upon the nature of the claims – not the merits of those claims. See Reliance Ins. Co. v. J.L. Hickman & Co., No. 97-3194, 1999 U.S. Dist. LEXIS 22602 (D. Md. Sept. 17, 1999). The case before the Court was somewhat analogous to Selective Ins. Co. v. Oglebay, No. 605-2357, 2007 WL 2046860, at *3 (4th Cir
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Placenta Cure Is Just Magic For City And Liverpool
0 Comments | Daily Mail (London, England), The, Nov 18, 2009
Byline: JOHN EDWARDS
AT leAsT five other Premier league players have tried the revolutionary placenta cure that Robin van Persie hopes will speed up his return from an ankle ligament injury. As the Arsenal forward flew to Belgrade yesterday, in an attempt to cut his recovery period from two months to less than three weeks, sportsmail learned that three Manchester City players and two from liverpool have been treated by the radical physiotherapist Mariana Kovacevic. City’s Pablo Zabaleta, Vincent Kompany and Nigel de Jong have all taken their search for a remedy to her Belgrade home, while liverpool midfielders Albert Riera and Yossi Benayoun are believed to have been there yesterday after suffering hamstring injuries against Birmingham a week last Monday. Van Persie is next in line for a controversial procedure that involves massaging liquid from a horse’s placenta into the affected area and which is attracting growing interest among Premier league clubs. sportsmail can reveal that City even flew Kovacevic over to Manchester earlier this month and discussed the possibility of adding her to their medical staff. Wary of publicity and secretive about her methods, she declined their invitation but made it clear she would continue to accept players as patients.
Demand for her services has now soared to such an extent, following her recent success in hastening the recovery of two high-profile Dutch eredivisie players, that she has recruited a management company to run her affairs. ‘she used to treat people in her spare time, but it has started spiralling out of control,’ said Zoran Krneta, of star Management signings, an english-based company with offices across europe. ‘everyone has been calling her, so she contacted us to take charge, so that she can take a step back and leave the organisation to us.
‘she is quite secretive about exactly how it works, but the three main elements are massage, the liquid and maybe a little bit of psychology. I’m not sure how much percentage applies to each, but it is effective. I have known cases of serbian players benefiting from it for a year or so, and it has become more widespread since. ‘she receives people in her home, and though there has been some scepticism, she is schooled in physiotherapy. That has always been the essence of her work. Hamstrings and muscle injuries are her speciality, but it is possible she can treat the sort of ankle injury that Van Persie has,’ added Krneta. ‘She always examines a patient before deciding whether to proceed. If she feels it is not appropriate for someone, she will not waste their time or take their payment.
‘There is already a lot of interest among Premier League clubs, and there is bound to be more. It stands to reason. Ask Arsenal whether they would like Van Persie back in two months or three weeks, and what do you think the answer will be? ‘Traditional medicine will remain sceptical until proof is placed in front of them, but the evidence is piling up all the time.’ Van Persie was alerted to Kovacevic’s home clinic by Holland team-mate Orlando Engelaar after he suffered a partial rupture of ankle ligaments against Italy. Engelaar urged Van Persie to book an appointment after explaining how PSV Eindhoven striker Danko Lazovic was back playing again after one week, instead of five, following treatment by Kovacevic on a damaged hamstring
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85-pound loss
Muscle & Fitness, Jan, 2010 by Cindy Mantia
Thank you for the inspiration and motivation that you provide every month. As a 39-year-old mother of two, I find your articles on training and nutrition very helpful. I’ve made bodybuilding my passion. I once weighed 220 pounds but now I’m a lean 135
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Tourists in lion terror sue for [pounds sterling]1m
0 Comments | Daily Mail (London, England), The, Nov 19, 2009
EIGHT British tourists who were sur-rounded by lions after their safari truck toppled over are suing a wildlife park in South Africa.
The threatening behaviour of the lions caused members of the group – some of whom were badly injured in the accident two-and-a-half years ago – to suffer subsequent psychological problems, Western Cape High Court heard.
They are seeking nearly [pounds sterling]1million in damages from Sanbona Wildlife Reserve.
More men trying for the perfect smile
0 Comments | Journal (Newcastle, England), The, Dec 26, 2008
NORTH East men are taking better care of themselves than ever before with more of them opting for cosmetic dentistry, according to new research.
Cosmetic dental practitioner Dr Ken Harris has revealed that both his Sunderland and Newcastle surgeries have seen a massive increase in the amount of men wanting a smile makeover.
Dr Harris, who runs Riveredge Cosmetic Dentistry, says that while women often tend to limit their dental work to having their teeth bleached, it is men who are opting for full sets of veneers or braces to ensure they end up with a perfect smile.
He said: “We are seeing more and more men who want to have cosmetic dentistry.
“They have obviously seen the dramatic results a smile makeover can achieve and want to have that for themselves.”
Dr Harris is one of only a handful of dentists in the UK to be accredited to the British Academy of Cosmetic Dentists, which recently carried out a survey which revealed that 28% of all veneers – which account for a third of all procedures – are carried out on men.
Bridges are another procedure which has become more popular with men, with them accounting for 46% of all of this kind of procedure.
“While women are still the big spenders on cosmetic dentistry, we are seeing an increasing number of male patients from in and around the North East.
iPhoto2Twitter 10502.(Mac Gems)(Product/service evaluation)(Brief article)
Macworld, December, 2009 by Seff, Jonathan
SOCIAL NETWORKING I regularly take advantage of iPhoto ’09′s integration with Flickr and Facebook, but sharing photos on Twitter is a bit more complicated, since you need to get a photo out of iPhoto to upload it somewhere. That’s where iPhoto2Twitter, an iPhoto plug-in, comes in handy. It lets you select a photo in iPhoto, publish it to Twitpic or Mobypicture, and then tweet the link. (Which service should you use? Twitpic is for photos only, while Mobypicture lets you upload photos or video to multiple places simultaneously–Twitter, Facebook, Flickr, Vimeo, and YouTube, as well as to WordPress, Blogger, and LiveJournal blogs.)
With the plug-in installed, just select a photo and choose File * Export; a new iPhoto2Twitter option appears
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