Cheesecake is definitely my favorite dessert. I know, I say that all the time, about every dessert I make, but really, cheesecake is my favorite among all the favorite desserts.
But, to be honest, I prefer vanilla, caramel, coconut, lemon or any other flavor cheesecake to the chocolate one. I love chocolate, but I'd better make a vanilla cheesecake with a chocolate ganache or a chocolate crust and omit chocolate in the cream cheese filling. Maybe that's why I topped this cheesecake with a thick layer of vanilla whipped cream.
Anyway, this cheesecake came out perfectly creamy, smooth and delicious. For chocolate lovers, it's divine. I used half milk chocolate, half semisweet chocolate (I prefer milk chocolate) so you can definitely use all semisweet chocolate if you want. Just don't skip the whipped cream topping. It pairs perfectly with a rich, chocolatey cake and melts in your mouth.
1) Mix together biscuits, cocoa powder and butter. Press into the bottom of a 23cm (9 inch) baking dish with a removable bottom. Refrigerate while you prepare the filling.
2) Preheat oven to 180C (350F).
3) Fill a large pot with water and bring to boil. Place a metal bowl on top of it and add chopped chocolate to the bowl. Make sure that the bottom of the bowl doesn't touch the boiling water. Cover the bowl with a lid and let the steam melt the chocolate. Stir occasionally. (You can melt it in the microwave or use any other method.) Once the chocolate has melted, let it cool slightly.
4) In a large mixing bowl, add cream cheese, sour cream and sugar. Mix until well combined. Add vanilla extract and cornstarch. Finally, add eggs and mix until smooth. Gradually add the melted and cooled chocolate, whisking constantly.
5) Pour the filling onto the crust. Bake for 15 minutes. Reduce the heat to 120C and continue to bake for another 45-60 minutes.
6) Remove from the oven and let cool completely, then refrigerate overnight.
7) For the topping, beat heavy cream with powdered sugar until stiff. Spread over the cheesecake. Refrigerate for another hour. Slice and enjoy!
Thank you so much for your comment Louise! Brownies is my favorite dessert too. You should definitely try this cheesecake!
Your cheesecake sounds great, Gaby! I'm not big on chocolate like my family is, but if I have it, milk chocolate rules. I like the filling, crust, and the topping too, plus your plate is pretty. It makes a nice tall delicious cheesecake to try. Thanks.
Thanks, Pam! I'm just like you - if I have a chocolate dessert, it must be milk chocolate (or white). I bought this plate this week and I love it!
This is just fantastic, looks wonderful, I can't wait to follow this recipe!
Help me - I have never baked a cheesecake!!!! I've always been too scared. But I must have this, must. Now I'm imagining hiding this and only having it for myself - bad girl, my website's central core is encouraging people to share! Does making 2 count? One for me and one to share?? I'm going to take the plunge, make and bake (scary) this and let you know how I get on! Thanks for posting the photos - inspiring me to get over my silly fear.
Sometimes I don't want to share my food as well, so no worries!! Thanks so much, I will be waiting for your feedback on this cheesecake! And don't be scared, the more you practice and the more new recipes and techniques you try, the more professional baker you become!
Do you think it's okay, if I use yogurt instead of sour cream?


text:
Visaranai 2015 Full Tamil Movie 700MB HD Free
Movie Name – Visaranai
Director Name – Vetrimaaran
Producers Name – Dhanush and Vetrimaaran
Cast By – Dinesh, Anandhi and Aadukalam Murugadoss
Music by – G. V. Prakash Kumar
Movie Language – Tamil
Releasing Date – 4th December 2015
Visaranai is a Latest Tamil Movie Directed by Mr. Vetrimaaran who is very popular movie director and also directed very entertaining movies in his filming courier, Visaranai Movie Producer's Names are Dhanush and Vetrimaaran, Dhanush very well kwon for his acting he work as a leading hero in south Indian movies But he have also the talented of producing movie Visaranai is one of them. The Movie having a wonderful Star Cast namely Dinesh, Anandhi and Aadukalam Murugadoss. Visaranai Movie Releasing on 4th December 2015 and Music Given by G. V. Prakash Kumar he is a great music director of Tamil Film industry and has given music in very popular and fantastic movies, people like his music very much it is obvious to have good music director because the movie seems to be very huge so according to this G. V. Prakash KumarI is the right choice. Visaranai Movie Story is written by Vetrimaaran who writes stories of movies since 2007 from the movie Polladhavan for Tamil movie industry. The entire movie is based on a real life story of an innocent man who got trapped by police due to some misunderstanding and then one guy came to help him get rid of from police Clutches.
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Updated: February 9, 2016 — 7:43 am
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redpajama_set_name: RedPajamaCommonCrawl


They also reported that 59% reported toe pain, and 54% complain of pain in the ball of the foot, as a direct result of the indulgence.
Most patients that come into my office are women. Moreover, an even greater percentage of the ladies I see wear high heels. I see countless, high-powered professionals who view sporting stilettos comparable to a man wearing a tie. Even ladies who have professions that may not require boardroom attire will still elect to be dressed in some type of elevated foot gear on a weekly basis.
All of the reasons why women choose to adorn their feet in pumps are aesthetically related. Naturally, beauty breeds confidence and self-assurance begets success. This culture, which I wittingly partake in, is precisely the reason why I do not discourage the use of heels. What I do advise is they wear them in moderation. As a New Yorker, I do not advocate pounding the NYC pavement day in and out in a pair of heels. Likewise, I would not recommend an all-day trek in completely flat shoes, because they, too, can be equally harmful to the feet. What I propose is always tagalong a safety shoe; a shoe, not too flat, that is comfortable to wear all day long, yet still compliments one's attire. Ladies should also be mindful of how long they are standing in their pumps. I instruct patients to change out of their heels every two to four hours to reduce toe and ball-of-foot pain. I also stress women choose shoes wisely. A shoe design that may be tolerable for one foot type can be unbearable for another foot type. Most importantly, proper fit is crucial. Ladies should not get caught up in size because shoe size is not a constant. European designers tend to construct shoes with a shorter cut, so women may have to "size up" when in fact they are just wearing their correct shoe size.
As a top podiatrist and woman, I often remind my patients and followers, "I understand what it's like to walk in your shoes." That is why I aim to provide excellent podiatry and foot surgical services, and dole reasonable advice when it comes foot health care. Wear high heels with responsibility, and feel empowered and beautiful.


How did we accomplish? Simple. We start out each day with a mindset that our clients need the best IT support to help them reach their business goals and objectives. Our main objective each day is to earn your trust. We know you have many Ottawa IT support companies you can choose from today, just ask yourself this one question. All of them will say they provide exceptional service, have the best pricing and have a team of trained professionals. We have all of these qualities, however Harris strives to go further. We believe in partnerships with everyone we deal with and that everyone deserves respect and we strive for everyone to reach success. Serving The Ottawa Business Community Since 1976. Our breadth of business experience, broad-based IT knowledge, and capacity to handle anything has been honed over 35 years. We have the proven knowledge base and relevant experience to follow through.


BACKGROUND. In the last 20 years, the prevention campaigns to reduce the risk of sudden infant death syndrome were very successful. In some countries the advice to breastfeed is included in the campaigns' messages, but in other countries it is not.
OBJECTIVE. To examine the association between type of infant feeding and sudden infant death syndrome.
METHODS. The German Study of Sudden Infant Death is a case-control study of 333 infants who died of sudden infant death syndrome and 998 age-matched controls.
RESULTS. A total of 49.6% of cases and 82.9% of controls were breastfed at 2 weeks of age. Exclusive breastfeeding at 1 month of age halved the risk, partial breastfeeding at the age of 1 month also reduced the risk of sudden infant death syndrome, but after adjustment this risk was not significant. Being exclusively breastfed in the last month of life/before the interview reduced the risk, as did being partially breastfed. Breastfeeding survival curves showed that both partial breastfeeding and exclusive breastfeeding were associated with a reduced risk of sudden infant death syndrome.
CONCLUSIONS. This study shows that breastfeeding reduced the risk of sudden infant death syndrome by ∼50% at all ages throughout infancy. We recommend including the advice to breastfeed through 6 months of age in sudden infant death syndrome risk-reduction messages.
The World Health Organization recommends breastfeeding exclusively for the first 6 months of life. Breastfeeding reduces the risk of hospitalization caused by gastrointestinal and respiratory infections. In a systematic review, van Odijk and colleagues11 concluded that breastfeeding also protects infants from atopic diseases like eczema.
A meta-analysis of 23 studies published up to 1997 examining the relationship between SIDS and breastfeeding found the overall risk of SIDS twice as great for formula-fed infants compared with breastfed infants (crude odds ratio [OR]: 2.1).12 The meta-analysis has been criticized for having poor eligibility criteria and not adjusting for confounders.13 These authors conducted their own meta-analysis using only studies that provided an objective definition of SIDS, clear reporting of breastfeeding data, and outcomes adjusted for important confounders or risk factors. Four of the original 23 studies3,5,10,14 plus 2 studies6,8 published since 1997 met these eligibility criteria. Ever breastfeeding was associated with a reduced risk of SIDS (crude OR: 0.41, adjusted OR [aOR]: 0.64).13 The results are similar to the earlier meta-analysis. Although there is a relationship between breastfeeding and a reduced risk of SIDS, the association may not be causal. A weakness of the earlier studies is that many only compared never breastfed with any breastfeeding.
The aim of the German Study of Sudden Infant Death (GeSID) was to identify risk factors for SIDS in a population where only few infants sleep prone. We have previously reported a reduced risk of SIDS with breastfeeding at 2 weeks of age.6 In this study, we examined the relationship between breastfeeding and SIDS in greater detail.
All cases were autopsied according to a standardized protocol, a case conference was held for each case with the same group of SIDS experts. The peak age of cases was between 2 and 5 months of age (59%).
A detailed questionnaire was administered to parents by trained interviewers in the infants' homes. Type of feeding was collected retrospectively for each month of life until death (cases) or reference date (controls). For each month it was noted whether the milk the infant was drinking was breast milk only, partly breast milk and partly bottle-fed (milk formula), or bottle-fed (milk formula) only and whether solids were eaten. Exclusive breastfeeding was defined as breast milk only, with no extra bottle of milk formula or solids given at any time of the day. Partial breastfeeding was defined as any bottle feeding (milk formula) or solids given in addition to breast milk. Not breastfed was defined as no breast milk.
All data were entered into a database and analyzed by using SAS 9.01 (SAS Institute, Inc, Cary, NC). Infant feeding was examined at 2 weeks of age, 1 month of age, and in the last month of life or the last month before the interview for control infants. Univariate and multivariate analyses were performed by using conditional logistic regression. In the multivariate analysis, we controlled for the following variables: maternal smoking in pregnancy, maternal family status, maternal age at delivery, socioeconomic status of the family (socioeconomic status was calculated using school education, present work position, and income), previous live births, birth weight of the infant, bed sharing in the last night, pillow in the infant's bed, additional heating during the last sleep (a hot water bottle in the infant's bed or the bed in front of a heater), position placed to sleep, and pacifier use during the last sleep.6 As prenatal and postnatal smoking were closely related in our study, we had to exclude 1 variable because of colinearality. We chose to use smoking in pregnancy.
Table 1 shows any breastfeeding at the age of 2 weeks and the risk of SIDS. These results have been reported previously but are repeated here for completeness. Less than 50% of the SIDS cases were breastfed at the age of 2 weeks, and 83% of the controls were breastfed (aOR: 0.43 [95% confidence interval (CI): 0.27–0.69]). Less than 40% of the SIDS cases were exclusively breastfed at the age of 1 month compared with 72% of the controls (aOR: 0.48 [95% CI: 0.28–0.82]). In the univariate analysis, partial breastfeeding was associated with a reduced risk of SIDS, but this was not statistically significant after adjustment for potential confounders (aOR: 0.48 [95% CI: 0.21–1.10]).
In the month before death or interview only, 10.2% of the cases and >40% of the controls were exclusively breastfed (aOR: 0.27 [95% CI: 0.13–0.56]). Partial breastfeeding was associated with a significantly reduced risk of SIDS (aOR: 0.29 [95% CI: 0.16–0.53]).
Figure 1 shows the proportion of infants who were breastfed (both exclusively and partially breastfed) by month of age for cases and controls (Kaplan-Meier curve, OR: 0.42 [95% CI: 0.36–0.48]). After adjustment of confounders, the protective effect of breastfeeding remained significant (Cox regression, aOR: 0.69 [95% CI: 0.57–0.84]). Figure 2 shows the proportions who were exclusively breastfed for cases and controls (Kaplan-Meier curve, OR: 0.52 [95% CI: 0.46–0.60]; Cox regression, aOR: 0.82 [95% CI: 0.68–0.98]).
Proportion of infants who were breastfed (both exclusively and partially) according to month of age for controls and cases. The vertical lines represent where the data were censored.
Proportion of infants who were exclusively breastfed according to month of age for controls and cases. The vertical lines represent where the data were censored.
There are several strengths of this study, including being large and one of the most recent case-control studies of SIDS. This study provides risk factor data in a population that has decreased its infant prone sleeping rates as a result of education campaigns. Many of the studies published on risk factors for SIDS were published earlier and form the basis on which the American Academy of Pediatrics and other organizations developed guidelines for reducing the risk of SIDS. In addition, standardized protocols were used for autopsy, and a multidisciplinary panel determined the cause of death. In this study we were able to collect data on feeding patterns from a large number of SIDS victims and controls for each month of their lives. For each month it was noted whether the infant was exclusively breastfed, partially breastfed, or was not breastfed. Furthermore, the study was able to control for a large number of potential confounders.
Limitations of the study should be recognized. Although the response rate of the cases was high, the response rate of the controls was not ideal. Participants, in particular controls, were more likely to be socioeconomically advantaged than those who did not participate. Although multivariate analysis adjusted for socioeconomic status, some residual confounding may persist. Also, any study that is based on retrospectively collected data is subject to recall bias. However, Gibbons et al17 reported very good agreement between prospective collected data on infant feeding and retrospective collected data in 2 studies of SIDS in Tasmania. In this study, 82.9% of controls were ever breastfed. This is only slightly higher than 76.7% of all children in the German Health Interview and Examination Survey for Children and Adolescents, a nationwide survey of over 17000 children between 2003 and 2006.18 In contrast, only 5.8% of controls were exclusively breastfed to 6 months of age compared with 22.4% of infants in the German Health Interview and Examination Survey for Children and Adolescents, which used a similar definition of exclusive breastfeeding. This suggests the results relating to exclusive breastfeeding in our study might be conservative.
Control infants were significantly more often ever breastfed and more likely to be exclusively breastfed than cases at all ages. Exclusive breastfeeding was associated with a slightly greater reduction in SIDS than partial breastfeeding, which itself was associated with reduction in SIDS compared with not breastfed; however, after adjustment for potential confounders, there was no evidence of a dose effect. Breastfeeding reduced the risk of SIDS by ∼50% at all ages.
The age distribution of the SIDS infants was similar to that from an earlier German study.19 Fifty-nine percent of the infants died between 2 and 5 months of age, and 73% died before 6 months of age. The implication of our findings is that these infants would especially benefit from being breastfed at this early age and that breastfeeding should be continued until the infant is 6 months of age and the risk of SIDS is low.
Breastfeeding is recommended by the World Health Organization on other grounds.20 The morbidity and mortality of infants is reduced when they are exclusively breastfed for the first 6 months of life. Being breastfed also reduces the risk of acute otitis media, atopic eczema, gastrointestinal infections, and lower respiratory infections.
Epidemiologic studies cannot prove causation, but obviously a randomized, controlled trial of breastfeeding could not be done. We would argue that there is a causal relationship between breastfeeding and the reduced risk of SIDS. Breastfeeding fulfills many of the criteria for causation in observational studies.21 Furthermore, there are plausible biological mechanisms by which breastfeeding reduces SIDS. The most likely mechanism is by its immunologic properties. Minor symptoms of infection, especially respiratory tract symptoms, are present in many SIDS cases in the days preceding death, although the illness is not thought to be sufficient to have caused death.22–26 Blackwell and colleagues27,28 postulated that some SIDS deaths are due to uncontrolled inflammatory reaction to infectious agents (especially pyrogenic toxins of Staphylococcus aureus) and possibly cigarette smoke. The proinflammatory cytokines induced by infections can cause respiratory and cardiac dysfunction, pyrexia, shock, hypoglycemia, and arousal defects. The age distribution of SIDS is unique with most deaths occurring at 2 to 4 months of age. At this age, maternal-acquired immunoglobulin G is low as is the infants own production of immunoglobulin G. Human breast milk contains immunoglobulin and cytokines that might help to protect the infant during this vulnerable time.
Given the weight of evidence from recent meta-analyses and a plausible biological mechanism, it seems somewhat surprising that breastfeeding has not been included in the American Academy of Pediatrics and United Kingdom Department of Health SIDS prevention recommendations.
This large study conducted after the major reduction in SIDS mortality adds to the body of evidence showing that breastfeeding reduces the risk of SIDS, and that this protection continues as long as the infant is breastfed. In our study, 73% of the infants died before 6 months of age. The implication of our findings is that breastfeeding should be continued until the infant is 6 months of age and the risk of SIDS is low. Because breastfeeding rates are low in the socially deprived sections of our population,18 there should be special programs to encourage mothers of low socioeconomic status to breastfeed their infants not only for the established benefits of breastfeeding for the mother and infant but also to reduce the risk of SIDS in their infants.
The German Federal Ministry for Science and Education supported this study from 1998 to 2003. Professor Mitchell was supported by the Child Health Research Foundation, New Zealand.
The GeSID Study Group included P. Bach, B. Bockholt, M. Bohnert, U. Cremer, U. Deml, A. Freislederer, S. Heide, W. Huckenbeck, K. Jachau, H.-J. Kaatsch, A. Klein, W.J. Kleemann, K.-P. Larsch, A. Fiegut, D. Fischer, W. Leukel, E. Rauch, W. Paulus, R. Penning, F. Rublack, M. Schlaud, B. Schmidt, J. Sperhake, G. Zimmer, and R. Zweihoff.
Breastfeeding is beneficial for infants and their mothers. Breastfeeding reduces the risk of gastrointestinal and respiratory infections. In some, but not all, countries SIDS prevention campaigns include breastfeeding.
This study shows that breastfeeding reduced the risk of SIDS by ∼50% at all ages throughout infancy. We recommend including the advice to breastfeed through 6 months of age in SIDS-reduction messages.
You are going to email the following Does Breastfeeding Reduce the Risk of Sudden Infant Death Syndrome?


text:
Members' Centre
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Post-Customs cooperation in a new regulatory era
Postal processes dependence on high-quality data has grown at an unprecedented pace.
The provision of electronic advance data (EAD), which includes sending the customs declaration information to destination, became mandatory on 1 January 2021 for international postal items containing goods to destinations with specific customs- and security-based requirements. On this date, the United States STOP (Synthetics Trafficking and Overdose Prevention) Act fully came into force, requiring EAD for all packets sent to the country. On 1 July 2021, the value-added tax (VAT) e-commerce regime changed for the 27 European Union (EU) member states, making all items containing goods taxable, and increasing the reliance of postal customs clearance processes on high-quality data.
These developments are further reinforced by the adoption of pre-loading advance cargo information (PLACI) frameworks, which intend to enhance aviation security through risk assessment of postal items' EAD. To conduct such an assessment, destination countries implementing PLACI require that customs declarations be sent in advance, before goods are loaded on a plane at the origin country. The first PLACI framework applied to postal items is the EU's Import Control System (ICS2), which is currently implemented by the 27 EU member states, Switzerland and Norway. As a result, all postal operators sending items containing goods to these 29 ICS2 countries need to provide EAD in advance, before handing items over to an air carrier.
Despite the rapid speed of changes within the postal sector and the profound impact of the COVID-19 pandemic, all postal operators have made enormous efforts to comply with these increased EAD and customs requirements. For example, since January 2020, the number of designated postal operators capable of transmitting electronic customs declaration data has increased twofold: from 89 to 188. Nevertheless, many UPU member countries are still struggling to comply with EAD requirements for all items dispatched, owing to several financial, legal, operational and technical challenges.
Post-Customs cooperation has therefore never been more relevant. On 9 and 10 November 2021, we held our 41st World Customs Organization (WCO)-UPU Contact Committee meeting. It was also our first ever meeting conducted in the hybrid format.
Among many subjects, including Post-Customs cooperation, capacity building, security, and e-commerce, our Contact Committee examined and endorsed two key proposals. The first one addressed an improvement to the postal customs declaration forms, allowing data to be captured in an easier and more flexible way. The second one was related to the revision of the WCO-UPU Joint Message Standards (JMS), to include a section on the WCO Data Model, which should facilitate and foster data exchange between posts and customs at the national level. Both proposals support the smooth exchange of information between posts and customs, which should result in improved compliance with the evolving regulatory requirements related to EAD.
Our WCO-UPU Contact Committee has also developed several instruments and tools to assist posts and customs of the WCO and UPU member countries. For example, the WCO-UPU Postal Customs Guide, and the joint WCO-UPU guidelines on data capture and compliance (both available here) will help posts and customs address many of the legal, operational, and technical challenges they commonly face in the EAD implementation.
Finally, as the outgoing Customs Group Chair handing over the relay for the 2022-2025 Abidjan cycle, I would like to highlight the importance of maintaining the ongoing dialogue with all stakeholders and institutions involved in these regulatory changes. An open dialogue will allow us to better support postal operations continuity through the EAD implementation and to lay the foundations for the successful future of our Union.
Christelle Defaye-Geneste, Director of European and Customs Affairs, La Poste France, and Chair of the WCO-UPU Contact Committee over the 2017-2021 Istanbul cycle
To learn more about the WCO-UPU customs-related cooperation, click here to visit the dedicated website section.


Emphasizing the foundational truth that God is most glorified in us when we are most satisfied in Him, Piper further explores a life-changing essential: We will be most satisfied in God when we know why God himself is most satisfied in God. Fully understanding the joy of God will draw you into an encounter with His overflowing, self-replenishing, all-encompassing grace– the source of living water that all Christians desire to drink. The Pleasures of God will again put God at the center of Creation and leave you very satisfied in Him.
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text:
An Early Florida Adventure Story:
The Fray Andrés de San Miguel Account
Edited by Translated by John H. Hann
Foreword by James J. Miller
Series: Florida Heritage Publications
Hardcover ISBN 13: 9780813018768 - Pub Date: 1/30/2001 Details: 128 pages, 6x9 Subject(s): Floridiana - History
"This book belongs in the library of anyone with an interest in the Spanish period in Georgia and Florida, both as a reference and as a good read for armchair historians and aficionados of maritime history."-- John E. Worth, author of The Timucuan Chiefdoms of Spanish Florida
"An exciting 16th-century shipwreck story. . . . On another level, the narrative provides rare glimpses of the ethnology of the Mocama/Guale Native Americans and fascinating details of life aboard Spanish ships and at colonial St. Augustine."-- Eugene Lyon, author of The Enterprise of Florida and The Search for the Atocha
Among documents of Florida's Spanish colonial period, few eyewitness accounts exist. One of these, the 1595 narrative by Fray Andrés de San Miguel, expertly translated by John Hann, describes the two-year odyssey of a teenager from Spain across the Atlantic to Mexico, Havana, and Florida and finally back to Spain. The future friar's account of his experiences as a young sailor brings to life the fleets of the Golden Age of Spain and reveals how those adventures would change his life forever. It also provides vivid information about the Indians of the Georgia and Florida coast.
After Andrés's ship passed Cape Canaveral, it was battered by a four-day storm and separated from the fleet. The officers commandeered the only launch and escaped; the crew kept the ship afloat and improvised a box-like vessel in which 30 survivors reached shore near the mouth of the Altamaha River--more dead than alive for lack of food and water. The author offers detailed descriptions of the Guale Indians and of Mission San Pedro Mocama on Cumberland Island. He also provides vignettes of life in St. Augustine and, on his way to Havana, of encounters with South Florida Indians who came out to trade and with a gentlemanly English pirate. The adventure closes with Fray Andrés' return to Cadiz, where he witnessed the 1596 British siege and burning of that port.
Only seventeen years old at the time of the voyage, Fray Andrés presents a cold-eyed view of the sailing experience in the 16th century, trenchant observations on the behavior of the ship's officers and the circumstances of the survival of the crew, and insight into the ambitions, concerns, and religiosity of the Spaniards. The book includes Hann's translation of a brief introductory essay written by Fray Andrés' Mexican publisher, telling of the young man's entry into the Carmelites and the accomplishments of his later life as a church architect, builder, and hydrographic expert involved in the drainage of the valley of Mexico City.
John H. Hann is site historian at the San Luis Archaeological and Historic Site in Tallahassee. He is the author of A History of the Timucuan Indians and Missions (UPF, 1996), Missions to the Calusa (UPF, 1991), and many other books and articles.
"a valuable addition to the primary literature on the sixteenth-century Southeast." "a fascinating tale of adventure in early Spanish Florida." - Florida Historical Quarterly
--Florida Historical Quarterly
"an enjoyable account and one of very few ways to get an eye witness account of life in Spanish Florida in the sixteenth Century. It is a must for the serious historian, even at $55." - St. Augustine Archaeological Association
--St. Augustine Archaeological Association
Other John Hann Books
The Apalachee Indians and Mission San Luis
Apalachee: The Land between the Rivers
A History of the Timucua Indians and Missions
Hernando de Soto Among the Apalachee: The Archaeology of the First Winter Encampment
Missions to the Calusa


> >>> memory, the Solaris kernel dynamically releases portions of the ARC.
> >> Can you please explain that "unlike" part?
> > program wanted memory.
> > - vm.kmem_size="1536M" + vfs.zfs.arc_max="1400M"
> > Is this no longer the case?
> It is definitely not the case now.
what top(1) was showing under either "Inact" or "Wired".
of knowledge about the VM.


text:
Q: Filter xml data by date using php I want to filter my xml data by date using php
<xml>
<customer>
  <cid>1</cid>
  <amount_paid>1000</amount_paid>
  <date>2012-01-10</date>
</customer>
<customer>
  <cid>2</cid>
  <amount_paid>3000</amount_paid>
  <date>2012-01-10</date>
</customer>
<customer>
  <cid>3</cid>
  <amount_paid>1000</amount_paid>
  <date>2012-01-05</date>
</customer>
<customer>
  <cid>6</cid>
  <amount_paid>7000</amount_paid>
  <date>2012-01-21</date>
</customer>
</xml>

How can filter my xml by date?
For example. I want get customers where date = "2012-01-10"

A: See it in action
<?php
    $string = '<xml>
<customer>
  <cid>1</cid>
  <amount_paid>1000</amount_paid>
  <date>2012-01-10</date>
</customer>
<customer>
  <cid>2</cid>
  <amount_paid>3000</amount_paid>
  <date>2012-01-10</date>
</customer>
<customer>
  <cid>3</cid>
  <amount_paid>1000</amount_paid>
  <date>2012-01-05</date>
</customer>
<customer>
  <cid>6</cid>
  <amount_paid>7000</amount_paid>
  <date>2012-01-21</date>
</customer>
</xml>';

$xml = simplexml_load_string($string);

foreach ($xml->customer AS $customer)
{
    if ($customer->date == '2012-01-10')
    {
        echo $customer->cid . "
\n";
        echo $customer->amount_paid . "
\n";
    }
}

redpajama_set_name: RedPajamaStackExchange


text:
Edmund Rolfe
Born: 1841; Died: 1918; Married: 1. Margaret Logue 2. Margaret O'Keefe
Gold Creek
The Rolfes of 'Gold Creek' Anthony and Catherine Rolfe and their five children emigrated to...
Edmund & Margaret Rolfe [Keefe] Family Group Sheet ⧉ (PDF 96.1 kb)
Family Group Sheet of Edmund Rolfe and Margaret Jane Rolfe [Keeffe]
Edmund & Margaret Rolfe [Logue] ⧉ (PDF 79.7 kb)
Family Group Sheet of Edmund Rolfe and Margaret Rolfe [Logue]
Edmund was the son of Anthony and Catherine [Curtis] Rolfe, who together with their five children emigrated to Australia in 1849. The family migrated to the new colonies under one of the Bounty schemes subsidised to the British Government and was part of the wave of free settlers to follow the convict era. Edmund had been born in 1840 at Oxburgh Hall in Norfolk. In Australia Anthony joined his older brother, William, and was a tenant farmer at Joseph Kaye's 'Springbank' (Acton) for ten years. In 1861 Anthony had saved enough to purchase 60 acres at Ginninderra, which was to become the start of 'Gold Creek' station. Further purchases followed, and the Rolfes established their home at 'Tea Gardens'. The remnants of that homestead is located in presentday Ngunnawal near Ginninderra Creek, which is now part of the Gungahlin Lakes Golf Course.
According to Newman, the Rolfes were part of an influx of catholic families that settled in the Ginninderra dsitrict'. Amongst others were the Hibbersons, Blewitts, Cavanaghs, Ryans, McCarthys, McAuliffes and Butlers. [see entries for James Vincent Hibberson, Rosanna Mary Blewitt, Patrick Cavanagh, William Ryan, Flourence McAuliffe, John ('Jack') Butler]. Edmund and his family were part of this catholic community, initially parishioners of St Gregory's Queanbeyan, where many Rolfe family weddings and funerals took place. The Rolfes at various times hosted services, held fund-raising events, and helped establish St Francis chuch at Ginninderra (1872) and its replacement, St Francis Xavier at Hall (1910). Sons Anthony and Patrick carted stone for the Hall church from James McCarthy's Glenwood. Daughter Alice joined the Sisters of the Order of the Good Samaritan in Queanbeyan.
Anthony Rolfe financed the initial purchase of 60 acres (24 ha) of land which abutts the present-day 'Gold Creek' Homestead site and transferred the land title as part of a much larger 320-acre parcel to Edmund in 1872. Edmund, who was eventually to build up a large and very successful farming and grazing enterprise, started out as a teamster, driving a bullock cart. That role involved transporting building materials (e.g. sandstone), wool, wheat and even drinking water from and to as far afield as Camden and Braidwood. He was the principal transport contractor for the tower reconstruction work on St John the Baptist Church (in present-day Reid).
Edmund married twice - to Margaret Logue (1861) then Margaret Jane Rolfe [Keefe] in 1867. Margaret Logue was the daughter of Bryan and Margaret Logue, he being manager of the Duntroon dairy. Sadly, Margaret died after childbirth in 1867, leaving Edmund with four young children. However, he married again within three months - to Margaret O'Keefe of Queanbeyan, with whom he was to have another ten children. Seven sons proved a great assett to a pioneering farmer!
On their earliest holdings the Rolfes grew wheat, barley, hay and lucerne - crops for both taking to market and for feeding stock. Later they diversified into sheep and wool production and built their own woolshed. As well as wool-growing Edmund kept racehorses and once ventured into gold mining with Thomas 'Tom' Gribble. Edmund was also active in local politics and community affairs, serving as Treasurer and later Vice President of the Ginninderra Protection Union, and on the committee of the Ginninderra Farmers Union, which conducted the Ginninderra Show.
Edmund's children enrolled at the new public school at Ginninderra, but Edmund crossed swords with the teacher, Thomas Ray, and with the Department of Public Instruction over religious instruction. In 1884 he wrote to the Department:
.....with reference to my son Brian suspended from school by the teacher for gross insolence. I beg to say that my son did nothing further than to ask the teacher to let him out at school during the time he the teacher where [sic] teaching scripture and as soon as he asked the teacher the teacher ran at him and knocked his head against the wall and he then got him down on the floor and punched him with his knees and ...told him to go home.
.....I think it is coming to something when a teacher in a public school can do as he thinks proper ............It matters little to me what this teacher does now as I am determined that my children will not go to that school during the time that he remains as I have arranged with two other families to get a teacher and pay him out of our own pockets rather than send him to this school while he remains.
Edmund Rolfe.
Edmund subsequently tried to establish a private catholic school for his children and others, where they would be untainted by Protestantism, but the teacher appointed was dismissed after three weeks, and subsequently sued Rolfe (unsuccessfully) for ₤100 for breach of contract. The jury seems to have determined the matter a draw..........[see article below] [Queanbeyan Age, Tuesday 23 February 1886]
The fine stone 'Gold Creek' homestead, much altered but still standing, was built in 1883. The 3,940 acre 'Gold Creek' estate, accumulated and improved over some forty years by the Rolfes, was resumed by the government in 1915 for £13,500. The former Rolfe land west of Halls Creek was subsequently leased to Arthur Bolton, and this land has subsequently been owned and then leased by members of the Bolton family. Edmund and Magaret moved to a new home, Sherwood Grange, at Merrylands near Sydney, but were not long there before first Margaret (July 1918) and then Edmund (October 1918) pased away.
Children of Edmund Rolfe:
to Margaret (Logue)
Bryan 1862
Maria 1864
Mary 1865
to Margaret (Keefe)
William 1869
Alice 1871
Bridget 1873
Margaret 1874
James 1876
Patrick 1878
Gertrude 1880
John 1882
Edward 1884
Court case over schooling at Ginninderra. Forde v. Rolfe
This was an action to recover £100 for breach of contract and damages and was tried by the following jury: J. W. Nugent, J. H. W. Walker, T. Wilson, and G. T. Dudley.
The plaintiff had entered into an agreement with defendant to establish a Roman Catholic school at Gold Creek, Gininderra, and teach four of defendant's children, receiving in consideration £20 per annum, his board and lodging and agistment for his horse. In addition to this, two other neighbouring families were to give him each £10 per annum. It was an understood thing that until a school room was built at Gold Creek, plaintiff was to conduct his school in the Roman Catholic School-church at Gininderra - a mile and a half distant.
Plaintiff had received £1 on account, and had entered upon his duties; but in about three weeks afterwards a misunderstanding occurred and plaintiff considered himself summarily dismissed. In consequence of this he had to obtain board and lodging at Mr. P. Cavanagh's, five miles from the school, and was thus put to expense and unnecessary trouble. For the defence it was shown that plaintiff had behaved very offensively whilst at defendant's house, insulting his wife and children in many ways, amongst others by throwing a plate of cold mutton at Mrs. Rolfe whilst sitting at the table, and eventually refusing to teach in the new school house when built or even residing at defendant's place.
The reason alleged for this was that he had obtained other pupils whilst at Gininderra, and that he wanted to 'break up the State school'. When told he was expected to fulfil the term's of his agreement, he replied that there was no agreement "not even the scratch of a pen." It was also shown that he had in fact whilst leaving of his own accord and repudiating the agreement, been boarded and lodged without charge at Mr. Cavanagh's and that plaintiff refused to enter into a written agreement, as he desired to hold himself free to go whenever he wished. It having been pointed out to his Honour that plaintiff was clearly entitled to 3 weeks' pay for services rendered, amounting to 21s, and that he had received on account only 20s, By his Honour's directions the jury found for plaintiff 4/-, but for defendant on all other pleas. Under the circumstances his Honour ordered that each party pay his own costs.
[Queanbeyan Age, Tuesday 23 February 1886]
Obituary : Edmund Rolfe (Snr).
News reached Queanbeyan this morning that Mr. Edmund Rolfe, formerly of Gold Creek, Gininderra, passed away at Merrylands, near Sydney, last night. The deceased, one of the best-known old time residents of this district, had been ailing from nearly the time of the decease of his wife, which occurred in the Parramatta hospital early in July last; so that her husband survived her just about three months. The remains of Mr. Rolfe will be entrained for Queanbeyan per mail train tonight, and on arrival here tomorrow morning will be taken to St. Gregory's Church, whence the funeral will proceed to the old Roman Catholic cemetery at 3 p.m.
The deceased was brother to Mr. George Rolfe, for some years an innkeeper in Queanbeyan, but now, and for a long time past, following the same occupation in Cooma. The Rolfes are the children of one of Queanbeyan's earliest pioneers, and no one in the early days of settlement in this district was better known or more worthily respected than old Anthony Rolfe of Gininderra. And by marriage the links in the chain of pioneer families were strengthened. Mrs. Edmund Rolfe, who as already said, predeceased her husband in July last, was a daughter of Mrs. Margaret O'Keeffe, the widow of another pioneer settler. She (the daughter) was born in Queanbeyan as far back as in 1841.
The subject of this obituary notice was born at Ginninderra, and his entire life was spent in this district. He was one of our most successful graziers and farmers, and was like many others, driven from his home by the resumption policy of the Federal Capital Territory authorities, Gold Creek being within that territory. However, like his excellent wife before him, in the soil of their native district, as is befitting, their mortal remains will repose till the sound of the Great Archangel's trump shall call them to the resurrection unto life immortal. Nine children survive their departed parents, viz., Sister Mary Pierie (Good Samaritan Order); Mrs. J. V. Hibberson, Glenwood, Ginninderra; Mrs. Flanagan, Sydney; Mrs. Conrie, Sydney, (daughters); and Messrs. Anthony, William, James, Patrick, and Edward Rolfe (sons).
[Queanbeyan Age and Queanbeyan Observer, 8 October 1918 p. 2]
Edmund Rolfe ⧉
'Gold Creek' station ⧉
Gold Creek Homestead and kitchen block ⧉
Gold Cree station ⧉
Edmund and Margaret Rolfe ⧉
Opening of St Francis Xavier catholic church ⧉
Martha Ryan (nee Rolfe) ⧉
Chris Newman, Gold Creek. Reflections of Canberra's Rural Heritage. Author Published 2004


Samsung is one of the most popular smartphone manufacturers in the world. Often compared with their competitors in Apple, they've made some of the most influential Android smartphones out there, and they continue to implement brave innovations and original concepts into their production.
Although some of the most known Samsung phones are their flagship phones of S and Note series, their mid-range product deserves some attention, too. The latest smartphones of this class, Samsung Galaxy J7, are great examples. Here are the Samsung Galaxy J7 Max and Samsung Galaxy J7 Pro review.
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We are starting our Samsung Galaxy J7 Pro and Samsung Galaxy J7 Max reviews with the first thing you see when you look on a smartphone – its display. And it also is a part, which differs the most in these two versions.
Although Max's display is 0.2 inches bigger (5.7 vs 5.5 inches), it has the same FullHD resolution, as the Pro one does. This means that this Galaxy J7 Max specification is actually worse, because the display contains fewer pixels per inch, and, as a result, is less detailed.
Now let's look at the insides of the phones. Galaxy J7 Pro is equipped with 3 Gb of RAM and octa-core 1.6 GHz Cortex A53 processing unit. As J7 Max has a bigger screen, it also should have better hardware to run as smooth. And Samsung's engineers have obviously thought about that, as they've put 4 Gb of RAM and 2.4 GHz version of Cortex A53 into this phone.
Screen size and hardware are the things that should dictate the capacity of a phone's battery. Although software also plays an important part in power saving, it definitely is not as important as things, mentioned above.
In this case, Samsung did a counterintuitive thing and has equipped less powerful J7 Pro with 3,600 MAh, while putting a bit worse 3,300 MAh battery into the J7 Max. Both phones are holding enough without a recharge, but the Pro version will definitely be much more suitable if you want to use your phone for a long time.
There is not much difference between these versions in this department – both are doing great, with 13 MP front and back cameras, autofocus, face detection and LED flash. The only difference is that J7 Max is equipped with smart glow ring, which is a similar lighting technology that is used by professional photographers.
Although the phones are not officially available in the country, you can still get them. Galaxy J7 Max price in Nigeria is around ₦300,000, and J7 Pro price is in the same price range. Or you can find Samsung J7 on Jiji for the lowest price and the best deal.
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A startling silhouette of Saturn is created in this Cassini spacecraft portrait.
Although the sun is eclipsed by Saturn in this dramatic image, some sunlight scatters through the uppermost part of the atmosphere to reach Cassini's cameras. See PIA12603 to learn more.
The image was taken with the Cassini spacecraft wide-angle camera on Feb. 13, 2010 using a spectral filter sensitive to wavelengths of near-infrared light centered at 752 nanometers. The view was obtained at a distance of approximately 392,000 kilometers (244,000 miles) from Saturn and at a Sun-Saturn-spacecraft, or phase, angle of 174 degrees. Image scale is 20 kilometers (12 miles) per pixel.


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Die Hard Trilogy 2 (PS1)
Perspective: 1st-person, Behind view
Gameplay: Shooter
Published by: Fox Interactive
Developed by: n-Space
As for the previous opus, the game is divided into three types: shooting in sight in the third person, shot by optical pistol, and racing game. However, unlike Die Hard Trilogy, which was inspired by the script of the first three Die Hard films, Die Hard Trilogy 2 has only one scenario separated by three distinct genres of games. The game follows the adventures of John McClane attempting to thwart the plans of terrorists through the scenery of Las Vegas and the Nevada desert.
John McClane lives in his New York apartment before he gets a phone call from Kenny Sinclair, his best friend and colleague in the New York City Police Department visiting Las Vegas. Kenny is transferred to the Mesa Grande Prison and a party is launched in his honor. McClane accepts the invitation. At this party, McClane begins a brief conversation about a certain inmate named Klaus Von Haug, and meets Reese Hoffman, director of Roaring 20's Casino, and his secretary Elena Goshkin. However, during the party, Von Haug managed to escape from his cell releasing other inmates of the prison on his way; as such, it is McClane's duty to annihilate these bloodthirsty terrorists.
McClane control to kill every terrorist, flies off again to the party, and before innocent people are wounded, finishes the last of these criminals. He hears from a party member that terrorists are holding hostages on a bus somewhere. As the game progresses, it is revealed that Kenny, Reese, and Elena are involved in these terrorist cases to control Las Vegas. McClane dispatches them all, but Kenny remains unharmed.


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There will be many considerations that accompany the selection of Patio and Furniture Design; either based on tastes or needs. In fact, choosing furniture is easy. As long as it is with the concept of the space will be constructed, budget, and needs. All of them can even do it yourself, without having to consult or use the services of interior design. Buying the right furniture for your home is indeed rather difficult. However, that does not mean impossible, Yes. Some of the following images of Awesome Green Patio Umbrella with Lime Green Patio Umbrella Metamorf Design could be an idea for you when you want to buy furniture to complement the interior; the renovation; or as a gift to someone. Good luck!
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Posted on Published: November 4, 2019 Categories Movies
Zac Efron to Play Ari Furman in King of the Jungle
Home » Zac Efron to Play Ari Furman in King of the Jungle
Zac Efron (The Greatest Showman) has signed on to star as Ari Furman in King of the Jungle, which is based on a true story published in Condé Nast's WIRED magazine by Joshua Davis. Writing and directing duo Glenn Ficarra and John Requa (This Is Us, Crazy, Stupid, Love, Bad Santa, I Love You Phillip Morris) are on board to direct the script by Golden Globe and Emmy Award-winning writing duo Scott Alexander and Larry Karaszewski (American Crime Story, Dolemite Is My Name). Charlie Gogolak will produce.
Casting for the role of John McAfee is currently underway with the start of principal photography slated for early 2020.
The film is from Condé Nast Entertainment, Ficarra and Requa's Zaftig Films, MadRiver Pictures and Epic Entertainment. STXfilms is in negotiations for the domestic rights, with MadRiver International continuing sales at the AFM next week.
Based on the WIRED magazine eBook John McAfee's Last Stand, the film tells the wild true story of rogue tech magnate John McAfee, creator of the McAfee Antivirus software, who cashed-in his fortune, left civilization and moved to the jungle in Belize. There, he set up a Colonel Kurtz-like compound of guns, sex and madness. In the film, WIRED magazine investigator Ari Furman (Zac Efron) accepts what he thinks is a run-of-the-mill assignment to interview McAfee, but once he arrives in Belize, he finds himself pulled into McAfee's escalating paranoia, slippery reality and murder.
Efron recently starred in the Fox box office hit The Greatest Showman opposite Hugh Jackman and earned rave reviews for his portrayal of Ted Bundy in Extremely Wicked, Shockingly Evil and Vile for Netflix. Efron will voice Fred Jones in Scoob, Warner Bros. feature-length animated film based on the popular Scooby-Doo cartoon.
AFMKing of the JungleSTXfilmsZac Efron
Go Behind the Scenes of Charlie's Angels
Mayans M.C. Season Three Coming in Fall 2020


WILMINGTON – The Wilmington Symphony Orchestra is pleased to host four family matinees per year performed by the Youth Orchestra and Junior Strings. The final two performances for the 2018-19 season are on March 17th and May 5th. Both concerts are at 4:30 PM in Kenan Auditorium.
Tickets for the March 17th concert are $6 and available at the door or by contacting the Kenan Auditorium Box Office at 910-962-3500 or https://uncw.edu/arts/venues/kenan/index.html.


Flexible, is defined in the Webster's Dictionary as: TRACTABLE 3: characterized by a ready capacity to adapt to new, different, or changing requirements. The scheduling practices in elementary schools require the classroom teacher to be a master craftsman in all subject areas as they juggle teaching: math, science, social studies, reading, English, art, music, physical education, health, technology, response to intervention, and character education curriculum. This is a daunting task to fulfill in the current student instructional day. Redesigning the current elementary schedule requires a steadfast commitment from the educational leader and the teachers working in collaboration to produce a comprehensive schedule that could impact student outcomes. This is the change that we have all been waiting for; an opportunity to positively impact student outcomes by taking a risk, an opportunity to explore a new schedule design that empowers one of educations most powerful resource, the teacher.
Walker, Zannetta R., "Redesigning the Schedule in the First Grade" (2016). Dissertations. 159.


The Olympic Park being developed in east London for the 2012 Games is one large urban renewal project among many in the city. The impact of the Games on urban development may be of less significance than the impact on city politics. Bidding for and delivering the Games has contributed to a reassessment of the recent experiment with mayoral government. The paper examines these changing representations of the structures of London government that are now seen as a success. Much of the literature on Olympic cities is highly critical of the impact of the games, but the (current) substantial support for London2012 also needs to be explained. We examine how London has created opportunities for support, and moments and spaces for celebration when political leaders and Londoners can come together around particular representations of themselves and the city.


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Ashdown Forest
East Hoathly
Little Horsted
Eridge
Maresfield
Buxted
Hellingly
Herstmonceux
Chiddingly
Framfield
Warbleton
Groombridge
Isfield
Withyham
Henry Hollamby
Ann .....
Henry in the Parish of Tonbridge, Kent
IGI - Family Search
Batch P00839-1
Thomas in the Parish of Tonbridge, Kent
Richard in the Parish of Tonbridge, Kent
Elizabeth in the Parish of Tonbridge, Kent
Charles in the Parish of Tonbridge, Kent
Ann in the Parish of Tonbridge, Kent
George in the Parish of Tonbridge, Kent
Harriet in the Parish of Tonbridge, Kent
John in the Parish of Tonbridge, Kent
James in the Parish of Speldhurst, Kent
Speldhurst Parish Registers
Stephen in the Parish of Tonbridge, Kent
Tonbridge Parish Registers
Keziah in the Parish of Tonbridge, Kent
No ancestor's report
Descendent's report
Hollamby, Hollarnby, Hollimby, Hollinby, Hollingby, Hollomby, Holamby, Holomby, Hallomby, Hollomley, Holmby family records
The ancestral pedigree of Henry Hollamby
Henry Hollamby m: c 1790 Ann
b: c 1770 b: c 1770
Henry Richard Charles George John James Stephen Keziah
b: 1794 Tonbridge, Kent
ch: 12th Mar 1794 St. Peter and St. Paul Parish Church, Hen. son of Hen. & Ann Hollamby
d: March 1882 Frant, Sussex, aged 89 years
bur: 30th Mar 1882 St. Alban's Church, Frant, Sussex b: 1797 Tonbridge, Kent
ch: 11th Dec 1797 St. Peter and St. Paul Parish Church, Ric. son of Hen. & Ann Hollamby b: 1801 Tonbridge, Kent
ch: 9th Dec 1801 St. Peter and St. Paul Parish Church, Chas. son of Hen. & Ann Hollamby b: 1807 Tonbridge, Kent
ch: 2nd Dec 1807 St. Peter and St. Paul Parish Church, Geo. son of Hen. & Ann Hollamby b: 1811 Tonbridge, Kent
ch: 10th May 1811 St. Peter and St. Paul Parish Church, son of Hen. & Ann Hollamby
d: June 1872 Frant, Sussex, aged 61 years
bur: 22nd Jun 1872 St. Alban's Church, Frant, Sussex b: 8th Jun 1813 Speldhurst, Kent
ch: 25th Jul 1813 St. Mary's Church, son of Henry & Anne Hollamby b: 1815 Tonbridge, Kent
ch: 15th Nov 1815 St. Peter and St. Paul Parish Church, son of Henry & Anne Hollamby b: 1817 Tonbridge, Kent
ch: 7th May 1817 St. Peter and St. Paul Parish Church, daughter of Henry & Ann Hollamby
Thomas Elizabeth Ann Harriet
ch: 6th Dec 1795 St. Peter and St. Paul Parish Church, Thos. son of Hen. & Ann Hollamby b: 1799 Tonbridge, Kent
ch: 25th Oct 1799 St. Peter and St. Paul Parish Church, Eliz. daughter of Hen. & Ann Hollamby b: 1805 Tonbridge, Kent
ch: 24th May 1805 St. Peter and St. Paul Parish Church, daughter of Hen. & Ann Hollamby b: 1809 Tonbridge, Kent
ch: 23rd Jul 1809 St. Peter and St. Paul Parish Church, daughter of Hen. & Ann Hollamby
The Weald is at Database version 13.5 which has ongoing updates to the 393,081 people; 9,000 places; 613 maps; 3,308 pictures, engravings and photographs; and 247 books loaded in the previous version


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Archive for the 'PA – Law unsettled' Category
AUGUST 2017 BAD FAITH CASES: BASIS FOR DENYING CLAIM RELEVANT TO BOTH BAD FAITH AND BREACH OF CONTRACT CLAIMS, SUPPORTING COURT'S CERTIFYING CASE FOR IMMEDIATE APPEAL (Philadelphia Commerce Court)
Published on August 8, 2017 in PA - Law unsettled and PA - Procedural Issues. Closed
In a lengthy opinion, the court ruled against the insurer on how to interpret the meaning of "actual cash value" under the policy. The issue was sufficiently significant that the Commerce Court certified its decision as a final appealable order to the Superior Court.
The case also involved a bad faith claim, which came into play when determining whether to certify the appeal. The interpretation of pertinent policy language was intertwined with the issue of whether the insurer had a reasonable basis to deny benefits and/or recklessly disregarded the potential lack of a reasonable basis to deny benefits. The "statutory bad faith analysis is quite clearly related to whether plaintiff is entitled to damages on its breach of contract claim."
Later, the court stated that "immediate appellate review promotes judicial economy because appellate analysis will provide instruction, one way or the other, on open trial level issues relating to both class certification and bad faith. Pre-trial review in the event of affirmance is expected to be extensive and should be provided only after the threshold legal question is settled."
Kurach v. Truck Insurance Exchange, July Term 2015, No. 339, 2017 Phila. Ct. Com. Pl. LEXIS 228 (C.C.P. Phila. July 21, 2017) (Djerassi, J.) (Commerce Court)
APRIL 2017 BAD FAITH CASES: (1) INSURER INTERPRETS POLICY CORRECTLY, SO NO BAD FAITH; (2) NO BAD FAITH WHERE INSURER AGREED TO DEFEND ONLY COVERED CLAIMS, BECAUSE OF NOVEL ARGUMENT THAT USUAL RULE DID NOT APPLY TO TITLE INSURANCE (Philadelphia Federal)
Published on April 12, 2017 in PA - Law unsettled and PA - Reservation of Rights. Closed
This dispute arises out of a Title Insurance Company's initial refusal to defend its insured against a third party claim. The plaintiff in the underlying action proceeded pro se, and filed three different complaints before obtaining counsel. Based on the confusing and unclear language in the complaints, the insurer denied coverage.
It was not until a fourth Complaint was filed that the insurer provided a defense under a reservation of rights. Notably, however, the insurer only agreed to defend the covered claims, and refused to provide a defense for the uncovered claims. The insurer's position went against well-established Pennsylvania case law requiring insurers to defend against both covered and uncovered claims until all potentially covered claims had been dismissed or resolved.
The insured brought suit alleging that the insurer acted in bad faith by delaying its defense, and by refusing to defend against all claims as required under Pennsylvania law. In determining that there was no bad faith, the Court reviewed the policy and held that the insurer correctly determined that its duty to defend was not triggered until the filing of the fourth Complaint. Because the insurer's refusal to defend was based on a correct interpretation of the policy, its denial of benefits was not unreasonable, and the plaintiff was unable to satisfy the first element of bad faith.
With regard to insurer's refusal to defend all claims, the court observed that the general rule that if any claim is covered, then under Pennsylvania law, the insurer must defend all claims, i.e., both covered and uncovered claims. The title insurer argued, however, "that title insurance policies should be construed differently, to extend the duty to defend only to those claims within the contours of the policy." The title insurer relied upon case law from other jurisdictions and the title policy language; and the insured relied upon Pennsylvania public policy as set forth in case law. The court determined that it should rely upon Pennsylvania precedent, and rejected the title insurer's argument.
As to bad faith, however, the court held that the insurer's position was not taken in bad faith for two reasons. First, although unsupported by any Pennsylvania case law, this title insurance exception was an issue of first impression and had apparently never been presented before a Pennsylvania court. Second, the insurer's position was supported by case law from other jurisdictions that had carved out similar exceptions for Title Insurance Companies.
Date of Decision: March 27, 2017
Lupu v. Loan City, LLC, No. 12-4556, 2017 U.S. Dist. LEXIS 45135 (E.D. Pa. Mar. 27, 2017) (Rufe, J.)
MARCH 2017 BAD FAITH CASES: SPLIT IN RELEVANT CASE LAW IS NOT AN ABSOLUTE DEFENSE TO A BAD FAITH INTERPRETATION OF POLICY LANGUAGE CLAIM, AS REASONABLENESS REMAINS THE MEASURE (Philadelphia Federal)
Published on March 21, 2017 in PA - Coverage Issues and PA - Law unsettled. Closed
The interesting part of this case involved the court's subtle distinction when lack of clarity in the relevant case law on how to interpret the insurance policy language at issue provides a bad faith defense. The specific issue was application of an intentional act exclusion to a violent assault fact pattern, where the insured claimed he was too drunk to know what he was doing.
The insurer argued "that an insurer does not act in bad faith if it relies on a reasonable interpretation of unsettled case law," and cited at least three opinions supporting its position that the exclusion applied to the fact pattern at issue. The court described this argument as "incomplete".
The court stated: "Supporting authority, though highly relevant, does not automatically defeat a bad faith claim. This was made clear by J.H. France Refractories Co. v. Allstate Insurance Co., 534 Pa. 29, 626 A.2d 502 (1993). There, the Pennsylvania Supreme Court found that [the insurer] had not acted in bad faith in denying coverage where it had relied on an 'excessive pluralism and disparity . . . in the decisions of the many courts which ha[d] entertained similar litigation.' …. But the Court did not hold that the mere existence of disparate decisions precluded bad faith—instead, it took care to note both that it did 'not regard the issues presented in this case as simple ones' and that each of the varying approaches other courts had taken 'seem[ed] reasonable from some point of view.' …. Indeed, bad faith claims are highly 'fact specific,' … and their touchstone—'reasonableness'—only 'has meaning in the context of each case[.]'"
After observing this subtle distinction in how to analyze the effect of disparate case law on bad faith claims, the court still ruled in the insurer's favor, finding its position reasonable. Thus, there was no bad faith.
Allstate Ins. Co. v. Lagreca, No. 13-6039, 2017 U.S. Dist. LEXIS 35197 (E.D. Pa. Mar. 13, 2017) (McHugh, J.)
OCTOBER 2015 BAD FAITH CASES: ASSUMING THAT SUBJECTIVE BAD FAITH IS THE STANDARD OF REASONABLENESS, THE INSURER'S INTERPRETATION OF GOVERNING CASE LAW DURING LITIGATION WAS REASONABLE, EVEN IF WRONG (Middle District)
Published on October 13, 2015 in PA - Coverage Issues, PA - Insurer wrong, but reasonable, PA - Law unsettled, PA - Litigation Conduct Claims, PA - No coverage due, bad faith still possible, PA - No coverage duty, no bad faith and PA - UIM/UM Cases. Closed
In Douglas v. Discover Property & Casualty Insurance Company, Judge Mariani again identified the issue that there is a split in authority on whether an objectively reasonable basis to deny coverage can per se defeat the first prong of a plaintiff's statutory bad faith claim, and preclude such a claim from going forward on an "objective" basis. Put another way, if an insurer delays in paying a claim or denies a claim based on specific reasoning which is incorrect, but it is later determined that no coverage was due under the policy for a different reason, is it still possible to bring a bad faith claim even though no coverage was ever due under the policy.
The majority of cases stated stand for the proposition that a bad faith claim could not be pursued in those circumstances, because there is an objectively reasonable basis for denying coverage; and thus the plaintiff/insured cannot meet the first prong of the Terletsky test. However, as in the prior cases identifying this issue, the court did not have to decide the issue, because there was no actionable bad faith claim in any event, and summary judgment was granted to the insurer on the basis that the insured could not even establish subjective unreasonableness.
In that UIM case the insured argued that the insurer relied upon a rejection form it knew to be invalid in denying coverage. However, the insurer had other independent justifications for denying coverage even if the form was invalid. Further, although an earlier decision went against the insurer on this issue, under the Superior Court's Vaxmonsky decision, the insurer's arguments distinguishing that case as to the form's validity, asserted repeatedly during the litigation process, was not unreasonable.
On the later point, the court stated: "It does not matter that these arguments have been unsuccessful in court so far. '[T]o recover under a claim of bad faith, the plaintiff must show that the defendant did not have a reasonable basis for denying benefits under the policy and that defendant knew or recklessly disregarded its lack of reasonable basis in denying the claim,' which requires some sort of dishonest purpose on the part of the Defendant. …. The record contains no reason to believe that Defendant's legal arguments have been raised dishonestly. Instead, it simply appears that Defendants have hewn to good faith but unavailing legal theories. This does not qualify as bad faith conduct under the standards set forth above."
Date of Decision: September 29, 2015
Douglas v. Discover Prop. & Cas. Ins. Co., 3:08-CV-01607, 2015 U.S. Dist. LEXIS 131601 (M.D. Pa. September 29, 2015) (Mariani, J.)
MARCH 2015 BAD FAITH CASES: EVEN WHERE COURT RULES AGAINST INSURER'S INTERPRETATION OF POLICY LANGUAGE, NO BAD FAITH CAN EXIST WHERE THAT INTERPRETATION IS REASONABLE (Middle District)
Published on March 11, 2015 in PA - Coverage Issues, PA - Insurer wrong, but reasonable and PA - Law unsettled. Closed
In Gray v. Allstate Indemnity Company, the insured asserted breach of contract claim and bad faith claims due to the insurer's alleged wrongful denial and refusal to pay insurance benefits for his fire loss claim, which was the result of vandalism. The insurer asserted that the property was vacant and unoccupied from the time the last tenant left the property until the time of the vandalism and resulting fire, and therefore, as a matter of law, no coverage was due. It moved for summary judgment on both claims.
The insurer relied upon a policy exclusion providing: "Vandalism. However, we do cover sudden and accidental direct physical loss caused by fire resulting from vandalism unless your dwelling has been vacant or unoccupied for more than 90 consecutive days immediately prior to the vandalism." It further relied upon a policy endorsement which provided that the insurer "shall not be liable for loss occurring [] while a described building, whether intended for occupancy by owner or tenant is vacant or unoccupied beyond a period of [60] consecutive days." The insured claimed to have periodically done work on the property, within the 60 and 90 day periods before the vandalism and fire.
The court found the policy terms "vacant" and "unoccupied" to be ambiguous, relying on Third Circuit precedent. It concluded that there were disputed facts "as to whether plaintiff was sufficiently present at the subject property after the tenants moved out … to personally rehabilitate and rebuild parts of the property such that the property was neither vacant nor unoccupied for purposes of the policy." Thus summary judgment on the breach of contract claim was denied.
As to the bad faith claim, the court reiterated the principles that an insurer "need not demonstrate its investigation yielded the correct conclusion, or that its conclusion more likely than not was accurate." Nor is an insurer "required to show that 'the process by which it reached its conclusion was flawless or that the investigatory methods it employed eliminated possibilities at odds with its conclusion.'" Rather, "an insurance company must show it conducted a review or investigation sufficiently thorough to yield a reasonable foundation for its action." Moreover, it is the plaintiff-insured that must provide clear and convincing evidence of bad faith, i.e., "that
the evidence is so clear, direct, weighty and convincing as to enable a clear conviction, without hesitation, about whether or not the defendants acted in bad faith," a standard that likewise applies at the summary judgment stage. Under that standard, summary judgment is proper "when there is no clear and convincing evidence that the insurer's conduct was unreasonable and that it knew or recklessly disregarded its lack of a reasonable basis in denying the claim."
In this case, the insured's bad faith claim amounted to an argument that the insurer drafted an ambiguous policy, and then construed the ambiguous language to deny coverage. The court rejected that argument because the record showed that the insurer "had a factual basis to conclude that the subject property was vacant or unoccupied for more than the specified number of days before the vandalism, and that [the insurer] had a reasonable basis for denying plaintiff's claim for coverage of the fire loss caused by the vandalism."
Moreover, as to the policy language, while the court ruled against the insurer's interpretation of the terms "vacant" and "unoccupied", the insurer's interpretation was still reasonable. In this regard, the court also "found that relevant Pennsylvania state law is unsettled on the matter," and "[b]ad faith cannot be found where the insurer's conduct is in accordance with a reasonable but incorrect interpretation of the insurance policy." A reasonable basis is sufficient to defeat a bad faith claim. Thus, summary judgment was granted to the insurer on the bad faith claim.
Date of Decision: February 23, 2015
Gray v. Allstate Indem. Co., CIVIL ACTION NO. 3:13-CV-1232, 2015 U.S. Dist. LEXIS 21109 (M.D. Pa. February 23, 2015) (Mannion, J.)
NOVEMBER 2014 BAD FAITH CASES: EXCESS INSURER HAD NO DUTY TO POST APPEAL BOND AND COULD NOT BE LIABLE IN BAD FAITH FOR FAILING TO DO SO; COURT OBSERVES THAT PROOF OF BAD FAITH IS MORE DIFFICULT WHERE LAW AT ISSUE ON COVERAGE IS UNSETTLED (Philadelphia Federal)
Published on November 4, 2014 in PA - Law unsettled. Closed
In the most recent decision in Charter Oak Ins. Co. v. Maglio Fresh Food, which has been discussed at length in previous postings in 2013 and 2014, the Court addressed claims against the excess insurer after holding a short non-jury trial. It concluded that under the unique circumstances of that case, the excess insurer did not owe a duty to post a supersedeas bond for purposes of the insured's taking an appeal of a jury verdict that would likely put the insured out of business.
The court found that any duty to post a bond was not clearly either within the realm of the duty to defend or the duty to indemnify, being a kind of hybrid. However, the larger issue was that the excess insurer's duty to make any payment was not triggered, because even though underlying carrier paid out its full policy limits, it did not do so in connection with the one covered claim.
Thus, its full limit was not exhausted for purposes of triggering the excess insurer's duties concerning the covered claim.
The court discussed bad faith throughout its opinion, in dicta and on the issue at hand. As to the latter, as no duty was triggered to post the bond, there could be no bad faith in refusing to do so.
The Court also observed that because the lawsuit presented questions of unsettled law, this made it more difficult for the insured to show bad faith because "an insurer's denial of a claim does not constitute bad faith if it is based on a reasonable legal position in an unsettled area of the law."
The Court more generally provided its observations on the differences and commonalities between contract based bad faith claims and statutory bad faith, which is tort based in nature.
Date of Decision: September 9, 2014
Charter Oak Ins. Co. v. Maglio Fresh Food, CASE NO. 12-3967, 2014 U.S. Dist. LEXIS 125621 (E.D. Pa. September 9, 2014) (Baylson, J.)
APRIL 2014 CASE ON DECLARATORY JUDGMENT ACTIONS: THIRD CIRCUIT PUTS SOME BRAKES ON DISTRICT COURTS' ABSTAINING IN FEDERAL DECLARATORY JUDGMENT ACTIONS INVOLVING INSURANCE COVERAGE (Third Circuit)
Published on April 30, 2014 in NJ - Declaratory Judgment, PA - Declaratory Judgment and PA - Law unsettled. Closed
In Reifer v. Westport Insurance Corporation, the Third Circuit issued its most important decision on the exercise of federal jurisdiction in insurance declaratory actions since its 2000 decision in State Auto Ins. Co. v. Summy, 234 F.3d 131 (3d Cir. 2000).
For practical purposes, the most important statement in the new Opinion may be that: "While we sympathize with our district courts' apparent frustration over the volume of such cases, we, like our sister circuit, 'know of no authority for the proposition that an insurer is barred from invoking diversity jurisdiction to bring a declaratory judgment action against an insured on an issue of coverage.'"
The Court painstakingly went over the law in other circuits, and detailed the factors that District Courts should consider in weighing the abstention issue. The lesson is clear that there is no bright line rule permitting abstention by which the District Courts can forego this weighing of factors; and there is clearly no rule that would allow for automatic abstention in the absence of a federal legal issue, independent of whether the state law is settled.
The Third Circuit upheld the District Court's abstention order in this case, which had been issued sua sponte after a Magistrate Judge had provided a lengthy Report and Recommendation solely on substantive issues. A key focus was the presence of a potentially important, but undecided, issue of substantive state law; which should be decided by a state court rather than a federal court in the first instance.
The Court's Opinion thus indicates that the unsettled nature of the state law at issue is going to bode in favor of abstention; but that if the state law to be applied is settled, this can be as readily applied by a federal court as a state court. The Court made clear that the District Court's decision was to be reviewed under an abuse of discretion standard, and any prior Third Circuit decisions requiring more stringent review had been overruled by the Supreme Court on this issue.
Date of Decision: April 29, 2014 (Issued as a Precedential Opinion)
Reifer v. Westport Insurance Corporation, No. 13-2880, 2014 U.S. App. LEXIS 8014 (3d Cir. April 29, 2014) (Van Antwerpen, J.)
OCTOBER 2013 BAD FAITH CASES: COURT REJECTS CARRIER'S MOTION FOR JUDICIAL NOTICE OF POINTS CONSTITUTING "LEGISLATIVE FACTS" RATHER THAN "ADJUDICATIVE FACTS" AS BASIS TO CREATE PREDICATE FOR DEFENSE JUDGMENT ON BAD FAITH; AMBIGUITY IN LAW REGARDING COVERAGE ISSUE IS NOT A DEFENSE TO BAD FAITH UNLESS INSURER ACTUALLY INCLUDED CONSIDERATION OF THAT AMBIGUITY IN ITS DECISION MAKING (Middle District)
Published on October 18, 2013 in PA - Claims Handling (general), PA - Coverage Issues, PA - Discovery and Evidence, PA - Law unsettled and PA - Procedural Issues. Closed
In Bodnar v. Nationwide Mutual Insurance Company, the carrier used a somewhat innovative to establish a predicate for a later finding that it did not act in bad faith. The carrier brought a motion asking the Court to take judicial notice of three items, under Federal Rule of Evidence 201(a):
1. During all relevant times, there has been a split in case law authority as to the definition of "employee" in Pennsylvania;
2. During all relevant times, there has been no "hard and fast" rule under Pennsylvania law for determining whether a particular relationship is that of employer-employee; and
3. During all relevant times, this Court had determined that the definition of "temporary worker" used in the insurance policy at issue is not ambiguous.
First, the Court found that these were legislative facts and not adjudicative facts; and therefore inappropriate for judicial notice. Rather, these legal issues should be decided through the normal "adversarial process of litigation."
Second, the Court found that even if it assumed these "facts" to be true, the bad faith issue would yet remain open. Assuming that ambiguity in the law would create a reasonable basis for withholding coverage, the carrier would still have to show that this ambiguity actually influenced its decision. Put another way, if the insurer actually acted unreasonably, it cannot escape bad-faith liability just because an ambiguity exists in a general sense which caused a lack of clarity or predictability in the applicable law. There would have to be a showing that the insurer actually considered the law ambiguous and that such ambiguity motivated or at least substantially influenced its decision regarding whether to afford or deny coverage, and after initially denying coverage, whether to adhere to this decision and to support it through continued declaratory judgment litigation for the period prior to the settlement of the claim.
Such facts remain to be determined, and could not be resolved in whole or in part through a grant of judicial notice. The court stated that this would be true even if the facts the carrier sought to have judicially noticed were actually "adjudicative facts", which they were not.
Bodnar v. Nationwide Mutual Insurance Company, 3:12-CV-01337, 2013 U.S. Dist. LEXIS 148343 (M.D. Pa. October 15, 2013) (Mariani, J.)
SEPTEMBER 2012 BAD FAITH CASES: COURT RULES THAT LIMITATIONS PERIOD FOR COMMON-LAW BAD FAITH CLAIM STARTS WHEN VERDICT IN UNDERLYING CLAIM IS RENDERED, NOT WHEN THE RIGHT TO INSTITUTE A SUIT AGAINST CARRIER ARISES, AND THEN REJECTS CLAIM AS CARRIER HAD REASONABLE BASIS NOT TO SETTLE (Philadelphia Federal)
Published on September 25, 2012 in PA - Common Law Bad Faith (contractual or fiduciary basis), PA - Coverage Issues, PA - Law unsettled, PA - Limitations Period and PA - Settlement related issues. Closed
In Katzenmoyer v. Allstate Ins. Co., the court heard cross-motions for summary judgment stemming from an insurance dispute. A person was injured while driving with the insured in his ATV. Suit was brought and a jury verdict was entered against the insured. The insured eventually assigned his claims against his homeowners insurance carrier to the injured passenger, after a long period of litigation. The assignee brought a breach of contract/common law bad faith claim against the insurer, as assignee, for failure to settle at a policy limits demand. The insurer had taken the position that the accident occurred in a woods near the home, not on the premises of the home, and so there was no coverage.
The case history is over a decade long, and it was almost that long before the assignment actually occurred.
The injury occurred in 2001. The injured party requested the $100,000 policy limit of the insured homeowner's insurance policy with the carrier, and subsequently filed a personal injury action in 2002 against the insured party, who unsuccessfully asked the carrier to settle the claim. In 2003, the carrier filed a declaratory judgment action in District Court, and the Court ruled on summary judgment that the carrier had no duty to defend or indemnify the insured in the underlying personal injury action. An appeal was taken to the Third Circuit.
In 2004, while that appeal was pending, the Pennsylvania Superior Court heard a case with similar facts and ruled against the carrier. Using this case as leverage, the assignee unsuccessfully sought to settle and against made a policy limits demand for a full release, which was rejected on various bases, including an alleged material difference in the facts and that a petition for allocator was pending on the Superior Court decision.
Soon after, the Third Circuit vacated the declaratory judgment in favor of the carrier on the basis of the related Superior Court decision and remanded: and after that allocator was denied on the Superior Court's decision.
After the trial judge on remand indicated she was likely to rule against the carrier on the remand, the carrier thereafter offered the limits of the insured's policy, i.e., $100,000, to the assignee, but the assignee declined the offer. In 2005, the trial judge ruled that the carrier had a duty to defend and indemnify, and the assignee demanded $750,000 to settle while an appeal to the Third Circuit was pending, which the carrier rejected. The Third Circuit affirmed, the insurer again offered the $100,000 and the assignee again demanded $750,000.
In 2009, a state court jury in the underlying personal injury case rendered a verdict against the insured party for $1,500,000. The carrier requested a release of all claims in exchange for the insured's policy limits, but the parties again failed to settle. In 2010, the insured assigned all claims or rights to the claimant in this action. The carrier thereafter tendered the $100,000 policy limits to the assignee. However, the assignee bought a common-law bad faith claim against the carrier, prompting the parties to file competing summary judgment motions.
The carrier defended against the assignee's bad faith claims on timeliness grounds, claiming that the four-year limitations period for common-law bad faith claims had expired. Specifically, the carrier argued that the claim was time-barred because the limitations period began when that party rejected the insured's 2004 settlement offer. The assignee disagreed, arguing that the limitations period started after the 2009 jury verdict in the underlying personal injury suit.
The court ruled that the limitations period began when the jury rendered its verdict in the underlying state court action, not when the carrier declined the assignee's settlement offer. The assignee could not have maintained a suit for common law contractual bad faith in 2004 because he had not yet suffered any damages. While the court acknowledged that Pennsylvania law is unclear on this issue, it nevertheless ruled that the limitations period could not have begun until 2009.
With respect to the common-law bad faith claim itself, however, the court ruled that the assignee failed to show that the carrier had acted in bad faith. In common law, Cowden, bad faith, a contract claim for bad faith requires evidence that an insurer acted negligently or unreasonably in handling the potential settlement of claims against its insured, and that . dven questionable conduct giving the appearance of bad faith is not sufficient to establish it so long as the insurer had a reasonable basis to deny coverage. An insured must prove its bad faith claim by clear and convincing evidence.
Essentially, the court reasoned, the carrier could not have acted unreasonably in denying the assignee's settlement offers because it had no way of knowing that the Third Circuit would overturn its favorable district court ruling. The carrier was acting under a "bona fide belief" that it would win the suit and was justified in not settling the case. The court therefore granted the carrier's motion for summary judgment. It also granted the assignee leave to amend, but stated that it would "not change the decision of the court."
Date of Decision: August 30, 2012
Katzenmoyer v. Allstate Ins. Co., No. 11-3427, 2012 U.S. Dist. LEXIS 123483, U.S. District for the Eastern District of Pennsylvania (E.D. Pa. Aug. 30, 2012) (Shapiro, J.)
MARCH 2011 BAD FAITH CASES
COURT FORGOES SUMMARY JUDGMENT RULING ON BAD FAITH CLAIM ON REMAND WHEN IT CANNOT DETERMINE WHETHER OR NOT DEFENDANT INSURER EXHIBITED BAD FAITH AS A MATTER OF LAW (Philadelphia Federal)
Published on March 3, 2011 in PA - Law unsettled. Closed
A partnership ("Franklin Mills") began developing the Franklin Mills Mall in 1988. Franklin Mills entered into a Master Declaration and Agreement that governed all stores in the mall, under which occupants could not use or permit the use of their property for anything detrimental to the operation of the mall (for example, uses which emitted obnoxious odors or noises, uses that physically damage any part of the mall property, or and creating a nightclub on the premises).
Around two months after the Master Declaration was signed, a company named PMI Associates purchased a parcel of the Mall from Franklin Mills. The parties signed a Declaration of Restrictions, which included an Operating Covenant that required the property to be operated as a general merchandise retail store/pharmacy for three years after opening the business on the property. After three years, the buyer could use the property for more general retail uses, as long as the use was permitted under the Master Declaration. Another provision in the Declaration of Restrictions gave Franklin Mills the option to repurchase the property if, after the three-year covenant expired, the buyer "desire[d] to cease conducting business to the public in its building."
In 2001, PMI took out a $3.5 million loan from Nationwide Life Insurance Company ("Plaintiff"), using the property at the mall as security. In connection with the mortgage, Plaintiff purchased a title insurance policy from Commonwealth Land Title Insurance Company ("Defendant"). The policy covered Plaintiff against various losses and damages, but it contained an exception for damages caused by breaching the Master Declaration or Declaration of Restrictions.
PMI eventually defaulted on its loan, and in 2003, it conveyed the property to Plaintiff. Plaintiff then attempted to recoup its losses by selling the property to another entity for $3.8 million. The new buyer had planned to lease the property to a tenant that would open a technical school. Franklin Mills, however, did not consent to the sale of the property because the prospective buyer's plans would violate the Declaration of Restrictions. After unsuccessfully attempting to sell the property to other buyers and attempts to sell the property back to Franklin Mills, Plaintiff submitted a claim to Defendant, alleging that Franklin Mills' rights of refusal were covered restrictions that made the property unusable and unsalable.
After Defendant denied its claim, Plaintiff filed a lawsuit seeking declaratory judgment and damages. The District Court dismissed the litigation, holding that the policy expressly excepted any loss or damage arising from the Declaration of Restrictions. The Third Circuit reversed the decision, reinterpreting the policy to consider its purpose and industry custom/practice. Plaintiff then filed an Amended Complaint to the District Court, alleging claims for breach of contract and bad faith, and both parties filed motions for summary judgment.
The court's lengthy opinion discussed many issues, but it ultimately reached to a few important conclusions. It determined that the policy issued to Plaintiff "covers- without exclusion- the loss suffered . . . as a result of its inability to sell the subject Property." Therefore, it granted Plaintiff summary judgment on its breach of contract claim and entered a declaratory judgment in favor of Plaintiff. It was unable to precisely determine the amount of damages available at this stage, however, as there were still many issues of material fact.
With respect to the bad faith claim, Plaintiff had alleged that Defendant deviated from its standard practices when it denied Plaintiff's claim based on its interpretation of the policy's exceptions. Defendant responded by asserting that the Third Circuit only held that its interpretation of the policy was incorrect, and it did not mention that it was unreasonable.
The court first recognized the "clear and convincing standard" under Pennsylvania's Bad Faith Statute, 42 Pa.C.S. § 8371. The statute requires an insured to show clear and convincing evidence that the insurer (1) lacked a reasonable basis for denying coverage, and (2) knew or recklessly disregarded its lack of a reasonable basis.
Applying the bad faith standard to this case, the court held that neither party could prevail as a matter of law at the present stage. The fact that the district court agreed with Defendant's interpretation of the policy and the Third Circuit agreed with Plaintiff's showed that this case presented a "novel issue of law," and no party was unreasonable in its interpretation of the contract. Because it could not find any evidence of bad faith or any evidence of an absence of bad faith by Defendant, the court decided to forgo a summary judgment ruling with respect to the bad faith claim.
Nationwide Life Ins. Co. v. Commonwealth Land Title Ins. Co., Civil Action No. 05-281, United States District Court for the Eastern District of Pennsylvania, 2011 U.S. Dist. LEXIS 16446, (Feb. 17, 2011) (Buckwalter, S.J.)
Judge Buckwalter denied a Motion for reconsideration on March 23, 2011 (2011 U.S. Dist. LEXIS 29692).