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JULY 2018 BAD FAITH CASES: NO BAD FAITH WHERE (1) DENIAL WAS REASONABLE AND (2) THERE WAS NO DELAY IN MAKING DECISION TO DENY; COURT ALSO EXPLAINS DUTY TO REIMBURSE VS. DUTY TO DEFEND (New Jersey Appellate Division)
Published on July 31, 2018 in NJ - Claims Handling (reasonable), NJ - Coverage Issues, NJ - Delay (Investigation/Claims handling) and NJ - Settlement related issues. Closed
The central discussion in this case focused on the duty to defend as distinguished from the duty to reimburse. Where there is coverage on the face of the complaint a defense must be provided, with two exceptions. If there are covered and uncovered claims, or the coverage issue is of a kind that cannot be determined through the underlying action against the insured, then the obligation to defend becomes an obligation to reimburse defense costs if it is later determined coverage was due. Thus, an insurer can reserve its rights and dispute coverage, which can turn the duty to defend into a duty to reimburse.
In this case, there was a policy exclusion with anti-concurrent and anti-sequential language, when compared to the allegations in the complaint, made it premature "to order [the insurer] to assume responsibility for the defense since it was unclear, based on the anti-concurrent and anti-sequential language in the exclusion, whether any claims would be covered." Thus, the duty to defend became a duty to reimburse.
The insured settled the claim, and sought recovery under the Griggs rule. Under Griggs: "Where an insurer wrongfully refused coverage and a defense to its insured, so that the insured is obliged to defend himself in an action later held to be covered by the policy, the insurer is liable for the amount of the judgment obtained against the insured or of the settlement made by him. The only qualifications to this rule are that the amount paid in settlement be reasonable and that the payment be made in good faith." The Court refused to apply Griggs to this case where a duty to deny a defense and coverage was made in good faith.
Further, the insurer did not breach its duty of good faith in the steps taken to deny the claim. There was no unreasonable delay in denying the claim, and no purported to prejudice the insured.
This opinion provides a good overview of New Jersey law on policy interpretation and coverage disputes, coverage disputes involving exclusions, and anti-concurrent/anti-sequential clauses.
Date of Decision: July 20, 2018
Wear v. Selective Insurance Co., New Jersey Superior Court Appellate Division, DOCKET NO. A-5526-15T1 A-0033-16T1, 2018 N.J. Super. LEXIS 108 (App. Div. July 20, 2018) (Koblitz, Manahan, Suter, JJ.)
JULY 2018 BAD FAITH CASES: WHEN INSURER FOLLOWS RELEVANT CASE LAW ON EXCLUSIONS, BAD FAITH CLAIM IS MERITLESS (Philadelphia Federal)
Published on July 30, 2018 in PA - Claims Handling (reasonable) and PA - No coverage duty, no bad faith. Closed
To complete a cable installation, Comcast contracted with FTS, and FTS contracted with CVRS, "which hired Jeremy Hays"—who brought a workers' compensation complaint against CVRS and Comcast, in Tennessee. Subsequently, "Comcast filed a Third-party Complaint [] against FTS seeking express indemnity for Hays's claim for workers' compensation against Comcast." FTS (insured) had a Commercial General Liability Policy (the "CGL Policy") with Zurich American Insurance Company (Zurich-insurer), and a Workers' Compensation Policy with American Zurich Insurance Company (AZIC-insurer). FTS sought coverage from Zurich and filed a Third-Party Complaint against AZIC to cover the workers' compensation.
"The CGL Policy contained a contractual liability exclusion, excluding certain damages FTS assumes in a contract or agreement, but the exclusion does not apply to an 'insured contract.'" Moreover, "the indemnity agreement between Comcast and FTS is an "insured contract" if the underlying workers' compensation claim constitutes tort liability.
Zurich-insurer sought a declaratory judgment alleging "it owes no coverage to FTS under the CGL Policy," and AZIC filed an Answer and Counterclaim against FTS arguing, "its first party workers' compensation coverage was not implicated by Comcast's claim for express contractual indemnity from FTS." Finally, the insured counterclaimed with a bad faith claim against insurers.
THE CGL POLICY:
The CGL Policy does not apply to contractual liability, "unless the insured would have such liability on the absence of a contract or agreement or the insured assumes such contractual liability in an 'insured contract.'" In reviewing Tennessee law, where Hays raised the workers' compensation claim, this court concluded workers' compensation law does not fall within "tort liability" because Tennessee law "immunizes entities that are liable for Tennessee workers' compensation benefits from tort liability."
THE WORKERS' COMPENSATION POLICY:
The Workers' Compensation Policy excludes coverage of "liability assumed under a contract." In Pennsylvania, the obligation of an insurer's duty to defend is based solely on the allegations in the complaint. The third party complaint in this matter alleged "FTS has an express contractual duty to indemnify." This contractual obligation addressed in the complaint "triggers the exclusion for liability assumed in a contract." Thus, the workers' compensation does not protect FTS.
The BAD FAITH CLAIM IS MERITLESS:
The insurer argued that the statutory bad faith claim was "meritless because [the insurer's] coverage positon was reasonable and consistent with the decisions that have decided the issue." The insured "argues that the [insurer's] decision to deny benefits under the CGL Policy was in bad faith because it was not reasonable for Zurich to ignore the definition of 'tort liability' in the CGL Policy." Additionally, the insured argued that the insurer made contradictory arguments when the insurer identified the insured as an employer of Hays, and denied coverage under the Workers' Compensation Policy.
The court determined, "[the insurer] had a reasonable basis to deny coverage under the CGL Policy, evidenced by the fact that its position was consistent with case law on the issue." Additionally, the court concluded the insurer did not make contradictory coverage conclusions because "Zurich did not deny coverage under the CGL Policy because it believed FTS was Hays's employer, but rather because it believed Hays's claim for workers' compensation benefits did not implicate a tort liability." Thus, the bad faith claim was meritless.
Zurich American Insurance Company v. FTS USA, LLC, U. S. District Court, Eastern District of PA, CIVIL ACTION NO. 17-1156, 2018 U.S. Dist. LEXIS 119431 (E.D. Pa. July 17, 2018) (Slomsky, J.)
JULY 2018 BAD FAITH CASES: (1) RELIANCE ON INADEQUATE EXPERT REPORT CAN BE BAD FAITH; (2) COURT REFUSES TO STRIKE REFERENCE TO CARRIER'S PRIOR ATTEMPT TO TERMINATE POLICY AFTER A DIFFERENT LOSS (Philadelphia Federal)
Published on July 26, 2018 in PA - Coverage Issues, PA - Discovery and Evidence, PA - Experts and PA - Federal Pleading Adequate. Closed
In this case, the insured argued that the carrier's reliance on its expert (an unidentified plumber) was unreasonable. The insurer took the position that reliance on an expert makes a decision reasonable as a matter of course. The court found that bad faith could be found if the plaintiff could prove unreasonable reliance on an inadequate expert report.
In this case, the plaintiff alleged the report did not name the expert, was unsigned, and provided no factual basis to support its conclusions. While the court did find there was some factual support in the report, the report was still inadequate because the expert did not go beyond the surface in inspecting the damage at issue, and "offered quite a thin analysis of the potential evidence available for determining the cause of the damage."
Thus, a plausible claim was stated that the carrier's reliance on this expert report was unreasonable. By contrast, the court reviewed other cases where there was "a much more comprehensive investigation process and more detail relied upon than is alleged here."
The carrier also sought to strike references to its prior efforts to terminate the insured's policy which arose out of a different loss. The carrier's termination effort was overturned by the insurance department. The insured argued this was "relevant to the question of whether [the carrier] had knowledge of, or recklessly disregarded its lack of any reasonable basis for denying Plaintiffs' coverage claim for the [claim now at issue]."
The court refused to strike this language from the complaint.
More generally, the Court provided an overview of the law on analyzing what constitutes a reasonable basis to deny coverage: "An insurer need not demonstrate that their evaluation of an insured's claim was correct in order to show that they had a reasonable basis for a coverage decision, and thereby prevail against a statutory bad faith claim. … 'Bad faith cannot be found where the insurer's conduct is in accordance with a reasonable but incorrect interpretation of the insurance policy and the law.' … Rather, an insurer simply must show that it had a reasonable basis for a coverage decision based on the information available at the time the decision was made. … 'In deciding whether an insurer had a reasonable basis for denying benefits, a court should examine what factors the insurer considered in evaluating a claim.' The reasonable basis standard imposes a requirement 'that the insurer properly investigate claims prior to refusing to pay the proceeds of the policy to its insured.' … Ultimately, '[b]ad faith claims are fact-specific and depend on the conduct of the insurer vis-à-vis its insured.' … Courts must analyze the facts at hand to determine whether an insurer's decision process on a particular insurance claim was sufficient such that it cannot be said to constitute bad faith as a matter of law."
Overbrook Properties, LLC v. Allstate Indem. Co., U. S. District Court Eastern District of Pennsylvania, CIVIL ACTION NO. 18-630, 2018 U.S. Dist. LEXIS 118766 (E.D. Pa. July 17, 2018) (Baylson, J.)
JULY 2018 BAD FAITH CASES: (1) DENIAL FOR LATE NOTICE, WITHOUT A SHOWING OF PREJUDICE, CAN BE THE BASIS FOR BAD FAITH; (2) NO BAD FAITH WHERE NO COVERAGE DUE (Western District)
Published on July 25, 2018 in PA - Coverage Issues, PA - Federal Pleading Adequate, PA - Late notice and PA - No coverage duty, no bad faith. Closed
Today we discuss two opinions issued by Western District Judge Hornak on July 17th and 18th.
The key issue in the FAPD bad faith case was the carrier's coverage denial based on late notice. The insured argued that the insurer had to show prejudice before denial, but the insurer argued that prejudice was only relevant to coverage, not bad faith. Judge Hornak of the Western District disagreed, and found that a coverage denial based on late notice that did not create prejudice could be a basis to assert that the denial was unreasonable, meeting the first element of a statutory bad faith claim.
The complaint further stated a plausible claim that this denial was knowing or reckless. A key factor was the alleged failure to adequately investigate the loss before denying the claim. Thus, the court refused to dismiss the bad faith claim.
As background before wrestling with the late notice/prejudice issue, the court included the statement that "the insured must ultimately show that the insurer breached its duty of good faith through some motive of self-interest or ill will." The Supreme Court has made clear that while showing self-interest or ill-will may provide evidence to support a bad faith claim, these are not required elements of a bad faith claim.
The court also gave a list of some conduct that could constitute bad faith: "an unreasonable delay in handling claims; a frivolous or unfounded refusal to pay; a failure to communicate with the insured; acting in a dilatory manner . . . . A bad faith claim may also arise when an insurance company conducts an inadequate investigation." As noted many times on this blog, there is a real question whether conduct that does not deny or delay a benefit can be bad faith standing alone.
This is consistent with Judge Hornak's opinion issued the following day in Campbell, stating: In light of the dismissal of the Breach of Contract claim, the Bad Faith claim cannot survive. Frog, Switch & Mfg. Co. v. Travelers Ins. Co., 193 F.3d 742, 751 n.9 (3d Cir. 1999) ("[W]here there was no duty to defend, there was good cause to refuse to defend against a suit.").
Dates of Decision: July 17, 2018 and July 18, 2018
FAPD, LLC v. Auto-Owners Insurance Co., No. 2:18-cv-00428, 2018 U.S. Dist. LEXIS 118776 (W.D. Pa. July 17, 2018) (Hornak, J.)
Campbell v. State Farm Fire & Cas. Co., 2:18-cv-00292, 2018 U.S. Dist. LEXIS 119973 (W.D. Pa. July 18, 2018) (Hornak, J.)
JUNE 2018 BAD FAITH CASES: IN AN OPINION THAT BRINGS OUT THE VALUE OF KEEPING A THOROUGH AND DETAILED CLAIMS FILE, THE INSURED FAILED TO PRESENT CLEAR AND CONVINCING EVIDENCE THAT (1) THE INSURER LACKED A REASONABLE BASIS FOR ITS ESTIMATES, AND (2) THAT DELAY AMOUNTED TO BAD FAITH (Philadelphia Federal)
Published on July 17, 2018 in PA - Claims Handling (reasonable), PA - Delay (Payment) and PA - Estimates, Valuation or Appraisal. Closed
After a fire damaged insured's property, six inspections of the property occurred due to the adjusters' differing opinions on demolition and construction costs. Time also passed to address the tenant insurance carrier's payment responsibilities. The insured sued for breach of contract and bad faith, alleging that the insurer improperly delayed in claims handling and payment, and refused to pay "sufficient insurance benefits" under the policy.
Under Pennsylvania law, a bad faith claim can be asserted if the insurer lacks a reasonable basis for denying coverage or in causing improper delay of payment. The insured alleged "that [the insurer] acted without a reasonable basis by (1) only releasing funds far below the amount due and owed under the policy, and (2) purposely delaying payment." At the core of a delay bad faith claim, "[t]he plaintiff bears the burden of establishing delay by clear and convincing evidence."
BAD FAITH DENIAL OF FUNDS
The insured argued that the insurer lacked a reasonable basis for the sum it chose to pay because the insurer waivered from its initial damage estimate, questioned the insured's damage estimates, inspected the property six times, and relied on the tenant's insurance carrier to determine final damage estimates.
The court ruled the insured's evidence "fails, as a matter of Pennsylvania law, to reach the clear and convincing standard required for bad faith claims." The evidence was not clear and convincing because it did not reflect a "frivolous or unfounded refusal to pay proceeds of the policy," and because the evidence was "likely immaterial to whether [the insurer] lacked a reasonable basis for the eventual insurance payment."
BAD FAITH DELAY OF PAYMENT
The court further ruled that the insurer did not exhibit bad faith in delaying payment, because the insured failed "as a matter of law to reach the clear and convincing standard." The insured relied on the evidence referenced above, and "the undisputed fact that the time between the initial claim and the filing of the lawsuit was more than eleven months."
First, the court concluded that the insurer provided the final payment four months after the initial claim. Next, the court determined that "continuous questioning" concerning the claim was not clear and convincing evidence of delay because the insured's "submissions to [the insurer] always received a timely response, and the 'questioning' was consistent throughout."
The court then concluded that when "delay is attributable to the need to investigate further . . . no bad faith has occurred." The court found that "[e]ach of the six inspections had a reasonable basis," as represented in "[e]xtensive, contemporaneous documentation, attached to [insurer's] undisputed statement of facts." The court ruled that the statement of facts reflected the necessity of the six inspections. Finally, the court concluded the insured did not provide sufficient evidence to prove "that [insurer's] 'obligations [to pay insured] are not contingent on the policy of insurance between [the tenant] and [tenant's insurer] or payments made thereunder.'"
Summary judgment was granted for the insurer.
Date of Decision: June 29, 2018
LMT Associates, LLC v. Ohio Casualty Insurance Co., U. S. District Court, Eastern District of Pennsylvania NO. 17-3565, 2018 U.S. Dist. LEXIS 109643 (E.D. Pa. June 29, 2018) (Baylson, J.)
JULY 2018 BAD FAITH CASES: (1) BREACH OF IMPLIED COVENANT OF GOOD FAITH AND BREACH OF CONTRACT CLAIM NOT SEPARATE CAUSES OF ACTION; (2) STATUTORY BAD FAITH CLAIM FAILS WHERE INSURED MERELY ARGUES INSURER'S POLICY INTERPRETATION FAVORS INSURER (Middle District)
Published on July 12, 2018 in PA - Claims Handling (unreasonable), PA - Common Law Bad Faith (contractual or fiduciary basis) and PA - Coverage Issues. Closed
The insured had a life insurance policy with a $25,000 coverage amount. The original policy included a two-year suicide exclusion. Two other insurers acquired the original policy. The insured later increased her coverage under that policy to $100,000. Twelve years later, she obtained a replacement policy, also with a coverage amount of $100,000.
In connection with the replacement policy, the insured received a "Notice" which informed her, in pertinent part, that in switching to the replacement policy: "You should recognize that a policy that has been in existence for a period of time may have certain advantages to you over a new policy….Under your existing policy, the period of time during which the issuing company … deny coverage for death caused by suicide, may have expired or may expire earlier than it will under the proposed policy."
After the insured's death by suicide, her husband, on behalf of his children, filed a death benefit claim for the full $100,000, but the insurers refused under the suicide exclusion, and instead offered to pay a refund of $285.12 plus interest, representing the premiums paid on the policy.
AMBIGUITIES AND REASONABLE EXPECTATIONS FAVOR INSURED
The insured sued for the $100,000 policy coverage, and also brought a statutory bad faith claim, and claim for breach of implied covenant of good faith and fair dealing. The court ultimately granted the Plaintiffs summary judgment on the breach of contract claim.
Working under contra proferentem principles, the court did an extensive latent and patent ambiguity analysis of the policy language, and whether the insured's long history of making payments for the same $100,000 was the applicable time period, rather than the replacement policy's inception date.
The court also separately ruled summary judgment should be entered for the Plaintiffs under a reasonable expectations theory.
The replacement policy's suicide exclusion language presented a "latent ambiguity," and the above-quoted Notice did not alleviate that ambiguity because it did not "conclusively compel the reading that the suicide exclusion period started anew… [with the replacement policy's inception]."
The court also determined the insured "could have reasonably believed that the suicide exclusion expired two years after she first began paying premiums on a life insurance policy . . . worth $100,000," which started 12 years before the replacement policy, thus providing her with a reasonable expectation of coverage.
The replacement policy's suicide exclusion was only two sentences long: "If the insured dies by suicide … we will not pay any death proceed[s] payable on amounts of insurance which have been in effect for less than 2 years. If the suicide … is within the first 2 contract years, we will pay as death proceeds the premiums you paid."
The court's analysis was lengthy, but the outcome basically hinged on the idea that the insured had been paying on the same "amounts of insurance" for over ten years, and that even what constituted "the first 2 contract years" was unclear when reading the policy as a whole.
With respect to the bad faith claims, the court made a distinction concerning insurance contract interpretation and bad faith claims. Thus, while the "[discovery] ambiguity should be resolved in favor of the Plaintiffs because of Pennsylvania's judicially constructed principles favoring the insured in the specific context of insurance contracts," "no such principle applies to the breach of implied covenant of good faith or the statutory bad faith claim."
IMPLIED COVENANT CLAIM NOT DISTINCT FROM CONTRACT CLAIM
The court also recognized that "a claim for breach of the implied covenant of good faith and fair dealing is a breach of contract action, not an independent action for breach of a duty of good faith and fair dealing."
"Pennsylvania law does not recognize a separate breach of contractual duty of good faith and fair dealing." Thus, "a plaintiff would be barred from proceeding on both claims if they are based on the same conduct." While Plaintiffs earlier alleged that the insurers made a "promise" to the insured regarding her benefit amount, "after the benefit of full discovery" they "failed to adduce any additional evidence" that the insurer's conduct is separate "from Defendants' denial of coverage based on their interpretation of the contract."
Additionally, Plaintiffs only evidence on this issue is the insurer's denial letter based on its "interpretation of the suicide exclusion—i.e. the same conduct that forms the basis of Plaintiff's breach of contract claim."
POLICY INTERPRETATION FAVORING INSURER, BY ITSELF, IS NOT BAD FAITH
Lastly, the court granted summary judgment on the statutory bad faith claim. The court stated that "'bad faith' means 'any frivolous or unfounded refusal to pay proceeds of a policy.'" Moreover, "knowledge or reckless disregard of a lack of a reasonable basis for denial of coverage is necessary." Thus, "[a] reasonable basis is all that is required to defeat a claim of bad faith."
In granting summary judgment, the court explained: "Plaintiffs openly acknowledge that their cause of action is founded upon [the insurer's] refusal to pay the insurance claim in light of the language of the [suicide] exclusion … instead of presenting any evidence of bad faith obtained in discovery." Further, "Plaintiffs do not challenge or even mention Defendants' investigative process before denying the claim."
Plaintiffs only argued, that the insurers "acted in bad faith because they relied on an interpretation more favorable to themselves when interpreting an ambiguous exclusion," without the requisite proof by clear and convincing evidence that this interpretation was unreasonable and made in knowing or reckless disregard of that fact. The court could not conclude on the record "that [the insurers'] denial of the benefits based on their interpretation of the exclusion was so unreasonable that it amounts to bad faith."
Lomma v. Ohio National Life Assurance Corp., U. S. District Court, Middle District of Pennsylvania No. 3:16-CV-2396, 2018 U.S. Dist. LEXIS 108705 (M.D. Pa. June 28, 2018) (Mariani, J.)
JULY 2018 BAD FAITH CASES: AN INSURED CANNOT SUSTAIN A BAD FAITH CLAIM WITH MERELY IPSE DIXIT (Middle District)
Published on July 11, 2018 in PA - Discovery and Evidence and PA - Procedural Issues. Closed
In this first party medical benefits claim, accidental injury was covered but not loss resulting from disease. Prior to the insurer's summary judgment motion, the record appeared to show the loss resulted from diabetes, which would not be covered. However, an affidavit submitted in opposition to summary judgment created a dispute of fact as to whether the loss arose from an accidental injury which may have been exacerbated by the diabetes, but was not caused by the diabetes. Thus, summary judgment was denied on the breach of contract claim.
Summary judgment was granted on the insured's bad faith claim. The court observed that an insured "must show, by clear and convincing evidence, that [the insurer] 'did not have a reasonable basis for denying benefits under the policy,] and that [it] 'knew of or recklessly disregarded its lack of a reasonable basis in denying the claim.'"
In this case, none of the medical records mentioned injury, and most referred to diabetes as causing the loss. The only evidence the insurer had in evaluating the claim that supported an injury separate from the disease was the insured's own language in his statement of claim. "But an insured cannot sustain a bad faith claim with merely ipse dixit." Thus, the insured won summary judgment on the bad faith claim.
Long v. Hartford Life & Accident Insurance Co., U. S. District Court, Middle District of Pennsylvania No. 4:16-CV-00138, 2018 U.S. Dist. LEXIS 108014 (M.D. Pa. June 28, 2018) (Brann, J.)
JUNE 2018 BAD FAITH CASES: (1) UIPA VIOLATIONS IRRELEVANT TO PROVING BAD FAITH AND MUST BE STRICKEN; BUT (2) FACTS DETAILING INSURER'S CONDUCT DENYING CLAIM, INCLUDING FAILURE TO ABIDE BY INDUSTRY STANDARDS, MAKE OUT PLAUSIBLE BAD FAITH CASE (Philadelphia Federal )
Published on July 10, 2018 in PA - Claims Handling (unreasonable), PA - Estimates, Valuation or Appraisal, PA - Federal Pleading Adequate and PA - UIPA & UCSP. Closed
In this case, the court permitted the bad faith claim to proceed, however it struck all references to the Unfair Insurance Practices Act (UIPA) as "irrelevant" in determining violations of Pennsylvania's Bad Faith Statute.
BAD FAITH PLAUSIBLY PLEADED
The insured alleged she "suffered 'sudden and accidental direct physical loss' to her insured premises." She alleged the insurer "determined [the insured] suffered loss to property covered under the policy but did not completely indemnify [the insured] for the loss."
She allegedly suffered water damage containing human waste. The complaint asserted that the public adjuster told the carrier it was not handling the claim according to the Institute of Inspection Clearing and Restoration Certification (IICRC) protocols, which required removing all porous material.
The insurer's repair estimate did not include payment for removal and replacement of all porous material in contact with the contaminated water.
The insured alleged the insurer "knew that its estimate of repairs and ultimate payment did not comply with the insurance and construction industries for damage caused by contaminated water," and that the insurer grossly underestimated the damage and grossly underpaid the claim. Additionally, she claimed the insurer "engaged in a pattern of behavior intended to delay and frustrate the adjustment process."
To establish statutory bad faith, an insured must prove "(1) that the insurer lacked a reasonable basis for denying benefits; and (2) that the insurer knew or recklessly disregarded its lack of reasonable basis." The insurer sought dismissal, citing earlier federal case law on inadequately pleading Pennsylvania bad faith claims. The court found, however, that the insured's allegations were not purely conclusory legal statements made without factual support, lacking any description of the insurer's behavior. Moreover, the court observed that an insured need not "prove her case at the pleading stage."
The court concluded "the facts alleged by [the insured] . . . are sufficient to make out a claim for bad faith as the facts address the reasonableness of [insurer's] actions." The "Complaint contained numerous explanations and descriptions of the alleged bad faith conduct," including, "notice of contaminated waste; violation of IICRC protocols; and knowledge that estimated repairs and ultimate payment was not in compliance with IICRC." The insured set out sufficient facts to make out a plausible right to relief.
UIPA VIOLATIONS IRRELEVANT TO PROVING BAD FAITH CLAIMS
The court next considered the insured's attempt to plead UIPA violations as evidence of bad faith. The court summarized the history of such efforts. It concluded that prior to Terletsky's establishing the two-part bad faith test —recently adopted by the Pennsylvania Supreme Court — courts did look to the UIPA and Unfair Claim Settlement Practices (UCSP) regulations as bases to prove bad faith. However, once the two part bad faith test (quoted above), became the law, "[T]his two-pronged test effectively replaced the court's analysis of UIPA or UCSP to determine bad faith." Thus, all UIPA references in the complaint were stricken.
[Note: There are courts that will consider UIPA violations in evaluating statutory bad faith claims, as well as those recognizing UIPA violations do not themselves constitute bad faith.]
Kunsman v. Metro. Direct Property & Casualty Insurance Co., U. S. District Court, Eastern District of Pennsylvania, NO. 17-4619, 2018 U.S. Dist. LEXIS 104621 (E.D. Pa. June 21, 2018) (Schmehl, J.)
JULY 2018 BAD FAITH CASES: NO BAD FAITH POSSIBLE FOR FAILING TO PAY INJURED THIRD PARTY WHERE INSURED NOT LIABLE TO INJURED PARTY (New Jersey Appellate Division) (Unpublished)
Published on July 5, 2018 in NJ - Standing, Assignment or Outside Scope. Closed
In this case, the insured sued her mother for injuries suffered from a slip and fall at the mother's house. She also brought a bad faith claim against the mother's insurer for refusing to assess the claim and give the daughter a payment. The trial court found no negligence and granted the mother summary judgment. The Appellate Division agreed.
There is no reference in the opinion that the claim against the insurer was assigned to the daughter, and there was clearly no judgment against the mother giving the daughter a direct action against the insurer. Thus, it is unclear how the daughter even had a right to assert a bad faith claim against her mother's insurer in the first instance.
That being said, the court found no basis for the bad faith claim once it was ruled the insured was not negligent. The Appellate Division held "that plaintiff's claim for bad faith … lacked any legal basis once the judge found that [the] insured … was not negligent."
Spellman v. Theresa Kosenski & Plymouth Rock Assurance, New Jersey Superior Court Appellate Division NO. A-3381-16T3, 2018 N.J. Super. Unpub. LEXIS 1539 (N.J. App. Div. June 27, 2018) (Reisner and Mayer, JJ.)


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Home Top Weekly Reads Top News this Week (28 Aug)
Top News this Week (28 Aug)
Rounding up top investing articles from around the web, including articles shared in our Facebook Group and Reddit Community: r/SingaporeInvestments.
From Monday, masks not needed except on public transport and in hospitals, clinics (Straits Times)
Masks will not be required in most indoor settings from Monday (Aug 29), as Singapore takes a significant step towards living with Covid-19.
Deputy Prime Minister Lawrence Wong on Wednesday said masks will be mandatory only in two settings, the first being healthcare facilities, residential care homes and ambulances, as well as indoor premises within hospitals and polyclinics.
They will also be required on public transport – the MRT, LRT, public buses and indoor facilities such as the boarding areas at bus interchanges and MRT platforms.
Mask-wearing in the airport and on private transport modes such as school buses, private bus services and taxis will be optional.
The further easing of Covid-19 rules comes as the population has become more resilient against the virus, due to high vaccination rates and more people getting infected, said the Ministry of Health.
Former Malaysia PM Najib pens farewell note to family before jail term (Straits Times)
ormer Malaysia prime minister Datuk Seri Najib Razak, whose appeal against a prison sentence was dismissed on Tuesday (Aug 23), penned a farewell note to his family saying he chose public service 46 years ago which took time away from them.
"My years have gone by, dedicated to people, public service, politics, a sacrifice I chose and I made, a journey which was joyous but unfortunately I overlooked and could not always be there for you," Najib wrote in a Facebook post accompanied by a picture of him with his grandson. "All these challenges which bore fruit brought a smile to my face, while some did not, but it was all a big sacrifice with years and time passing by. "I had to be on the move at all times with my years dedicated to people, public service, politics, and I couldn't be with you always."
He said he held steadfast to the teachings of Islam and the journey was destined by God while he "waited for justice" in the court of end times. "Hopefully God protects and blesses our family with health, longevity, and eternal peace," added Najib.
NDR 2022: Singapore pushing ahead with Changi Airport's T5, Tuas Port and new town in Paya Lebar (Straits Times)
From Changi Airport Terminal 5 to Tuas Port, Singapore is pushing on with key infrastructure projects, as the Republic emerges from the Covid-19 pandemic.
In his National Day Rally speech on Sunday (Aug 21), PM Lee Hsien Loong said this will send a clear signal to the world that Singapore is charging ahead.
He also spoke about the new town that will be built in Paya Lebar after Paya Lebar Air Base is relocated to Changi in the 2030s.
Singapore's core inflation rises to 4.8% in July, driven by higher prices of food, electricity and gas (CNA)
Singapore's core inflation rose further to 4.8 per cent in July, driven mainly by stronger increases in the prices of food, electricity and gas, official data on Tuesday (Aug 23) showed.
This is higher than the figure of 4.4 per cent in June and surpassed a Reuters forecast of a 4.7 per cent increase.
The last time Singapore reported higher year-on-year growth was in November 2008, when core inflation was 5.5 per cent.
Core inflation excludes accommodation and private transport costs.
The headline consumer price index, or overall inflation, rose to 7 per cent year-on-year in July, surpassing the 6.7 per cent reported in June.
"Apart from higher core inflation, both private transport and accommodation inflation also increased in July," said the Monetary Authority of Singapore (MAS) and the Ministry of Trade and Industry (MTI) in a joint media release.
Singapore Sees More US-Listed Chinese Firms Coming to Its Shores (Bloomberg)
Following Nio Inc.'s technical listing in May, investors can expect others will follow suit, Chief Executive Officer Loh Boon Chye said in an interview. If market conditions are supportive for the rest of the exchange's fiscal year through June, "there would be fund-raising, but if they are not as conducive, it will be a technical secondary listing," he added.
There are at least 11 China-domiciled firms that have listings in both the US and Singapore, data compiled by Bloomberg show. Singapore hasn't had an IPO in three months, with the haul of about $385 million so far this year 59% higher than during the same period in 2021, according to the data.
Pol de Win, SGX's head of global sales and origination, previously said that the exchange was in talks with companies in China and Southeast Asia operating in areas such as financial tech and consumer tech that it would like to attract.
On potential homecoming listings by Grab Holdings Ltd. and Sea Ltd., Loh said "there are other companies listed in the US that we want to talk to."
Malaysia hopes to speed up revival of Singapore-KL High Speed Rail, plans for extension to Bangkok (Business Times)
Malaysian Prime Minister Ismail Sabri Yaakob is eager to speed up the process to revive the high-speed rail (HSR) project to link Singapore and Kuala Lumpur, after the mega project was terminated by Malaysia last year and a compensation of S$102.8 million was paid to Singapore.
He was quoted in a report in Bernama as saying that there are ongoing discussions being carried out by the transport ministers of both countries to restart the project, as there will be changes to the terms and conditions.
"If possible, we want it to speed up because Malaysia also has plans to establish a high-speed rail between Kuala Lumpur and Bangkok," he said, adding that the Singapore-KL HSR could connect all the way to the Thai capital – if all 3 countries can reach an agreement.
Singapore's Menon Says Era of Cheap Money, Energy Is Over (Bloomberg)
"The era of cheap money, cheap labor and cheap energy is over," said Ravi Menon, managing director of the Monetary Authority of Singapore, in a speech at the Institute of Policy Studies on Tuesday. "Interest rates are not going back to the zero lower bound that we have seen in the last two decades."
Surging inflation has prompted aggressive increases in rates by central banks including the Federal Reserve and Bank of England. The MAS has tightened monetary policy three times in the last year, including two off-cycle moves. Core inflation hit a near 14-year high last month in the city-state and the financial hub is also experiencing its worst labor shortage in over two decades.
Menon said that costs of borrowing will be higher and "more reflective of time horizons and risk premiums." A shrinking labor force, the extension of progressive wages to more sectors of the economy and an increase in the minimum salary to relocate foreigners to the island meant that Singapore can no longer rely on cheap labor, he added.
Singapore office rents set to hit pre-pandemic levels (Financial Times)
Singapore office rents are set to hit pre-pandemic levels for the first time since the start of the Covid-19 crisis, as Chinese companies lead a rush to expand operations in the city-state. The return of workers to the office this year, coupled with lockdowns in China and restrictions in Hong Kong that have forced foreign companies to consider alternative locations, pushed rents for prime office space in the city centre to S$10.74 (US$7.71) per square foot in the second quarter, according to real estate group JLL. Rents rose 2.7 per cent compared with the previous quarter, meaning landlords in the Asian financial hub have enjoyed five consecutive quarters of growth, according to the data.
Google beefs up Singapore investments, cloud unit inks AI partnership with govt (Garage)
Google is strengthening its investments in Singapore – with the launch of its third data centre and an enhanced skills training programme – while its cloud business will work with the government to co-create Artificial Intelligence (AI) solutions in a public-private partnership.
The tech giant unveiled these efforts at the Google for Singapore event on Tuesday (Aug 23), which marked its 15th anniversary operating in the city-state, as well as Google Cloud's fifth year here.
Singapore's Best Customer Service 2022/23 (Straits Times)
Chinese Tesla rival Xpeng tanks 12% after wider-than-expected loss and weak car delivery guidance (CNBC)
Xpeng's Hong Kong-listed shares plunged more than 12% on Wednesday after the Chinese electric vehicle maker reported a wider-than-expected loss for the second quarter.
Xpeng said it expects to deliver between 29,000 and 31,000 electric vehicles in the third quarter, representing a year-over-year increase of around 13% to 20.8%.
The market expected a higher number.
Xpeng said it is confident that the launch of the G9 SUV in September and two new models in 2023 will help it enter a "growth cycle."
Russia's war in Ukraine started 6 months ago — and there appears to be no end in sight (CNBC)
It's been six months since Russia began its invasion of Ukraine, an act that shocked the world and one that was almost universally condemned.
Russia was widely perceived to have been preparing to claim a quick victory in Ukraine, but hopes of swiftly overthrowing Volodymyr Zelenskyy's pro-Western government soon evaporated.
Six months on, the invasion is now facing a long, grinding "war of attrition" that causes widespread death, destruction and displacement in Ukraine — and is costly for Russia too.
A post shared by Financial Horse (@financialhorse)
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redpajama_set_name: RedPajamaCommonCrawl


text:
package triegen_test

// The code in this file generates captures and writes the tries generated in
// the examples to data_test.go. To invoke it, run:
// 		go test -tags=generate
//
// Making the generation code a "test" allows us to link in the necessary test
// code.

import (
	"log"
	"os"
	"os/exec"
)

func init() {
	const tmpfile = "tmpout"
	const dstfile = "data_test.go"

	f, err := os.Create(tmpfile)
	if err != nil {
		log.Fatalf("Could not create output file: %v", err)
	}
	defer os.Remove(tmpfile)
	defer f.Close()

	// We exit before this function returns, regardless of success or failure,
	// so there's no need to save (and later restore) the existing genWriter
	// value.
	genWriter = f

	f.Write([]byte(header))

	Example_build()
	ExampleGen_build()

	if err := exec.Command("gofmt", "-w", tmpfile).Run(); err != nil {
		log.Fatal(err)
	}
	os.Remove(dstfile)
	os.Rename(tmpfile, dstfile)

	os.Exit(0)
}

const header = `// This file is generated with "go test -tags generate". DO NOT EDIT!
// +build !generate

package triegen_test
`

// Stubs for generated tries. These are needed as we exclude data_test.go if
// the generate flag is set. This will clearly make the tests fail, but that
// is okay. It allows us to bootstrap.

type trie struct{}

func (t *trie) lookupString(string) (uint8, int) { return 0, 1 }
func (t *trie) lookupStringUnsafe(string) uint64 { return 0 }

func newRandTrie(i int) *trie  { return &trie{} }
func newMultiTrie(i int) *trie { return &trie{} }

redpajama_set_name: RedPajamaGithub


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When Qt Creator is running, DebugView shows only small amount of application debug output (generated by qDebug or OutputDebugString functions).
According to Qt Creator developers, this is not a bug but a feature.
Start DebugView before Qt Creator.


text:
Los SUD han estado viviendo en Angola desde 1985. Sin embargo, muchos han sido bautizados mientras vivían durante un corto periodo de tiempo en Francia o Portugal. Después de volver a Angola, han formado núcleos de la Iglesia SUD ahí. Los registros indican que se han bautizado unas 400 personas entre 1980 y 1996 que han vuelto a Angola.

Enrique Vuamina fue uno de los primeros angoleños en convertirse al mormonismo aunque se convirtió en Montpellier (Francia) en 1992.

La IJSUD fue oficialmente reconocida en Angola en 1993. La primera rama se organizó en Luanda en 1996. Se reúnen en las casas de los portadores del sacerdocio.

J. Richard Clarke, de los Setenta, rezó mientras era presidente del Área de África por los miembros de Angola por estar bajo una guerra civil.

En la actualidad hay 647 miembros y una congregación.

Referencias

Enlaces externos
 Blog de los mormones angoleños

Angola

redpajama_set_name: RedPajamaWikipedia


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UTSA is a member of the Oak Ridge Associated Universities, a consortium of the nation's major doctorate-level universities dedicated to collaboration and scientific advancement. It is an institutional member of the Hispanic Association of Colleges and Universities, recognizing its influence and role as a Hispanic-serving institution. UTSA is also a member of the American Association of State Colleges and Universities, an organization of public institutions that seek to both offer educational excellence and opportunities to historically under-served populations.
Established in 1969, UTSA has evolved to become one of the largest institutions within the UT System. Through an aggressive expansion of its academic funding, the university devoted over $56 million to research in 2011. Its NCAA record-breaking football team has competed in Conference USA since 2013, previously playing a stint in the WAC and as an FCS independent.
Alongside seven other emerging research institutions, The University of Texas at San Antonio is currently in competition to become Texas' third flagship university.


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text:
Economists view: Post Election 2019
Due to a global slowdown, exports have been hit. But economists believe that if tackled well, this can land a good opportunity for India.
Updated: May 24, 2019, 09:41 IST
NDA emerges as a thumping victor in the Lok Sabha election 2019, for the second time. Getting the mandate for the second time is no easy win. BJP is the second party which received a full mandate for its second time after 48 years. Does this mean that Indian voters ignored opposition's allegations on growth? Or did they just give a second chance to Narendra Modi, to accomplish what he started? More importantly, more time to fulfill all his promises.
Currently, the Indian economy is going through a challenging times. Many sectors, be it pharmaceuticals, automobiles, steel, electricity, coal, cement, and FMCG are all facing troubles. Exports are down due to global trade issues. An NBFC crisis is weighing down the finance sector. What are the steps that the government should take to repair the economy? We, at ETBFSI.com, have spoken to chief economists.
Rural Economy: Stress and Distress
Modi Government has had a sharp focus on the rural economy in their last term. They also promised it in 2019 election manifesto. The manifesto mentions that the government will spend Rs. 100 trillion over the next five years, out of which 25% will be spent in rural areas.
"Government must take rural economy very seriously. There is a problem in the global commodity market. Because of the USA and China trade war, corn and soya prices are at a 42-year low. Domestic prices are higher than global prices, and exports are taking a big hit. Hence injecting more money into rural economy becomes crucial," says Sameer Narang Chief Economist of Bank of Baroda (BoB).
In the last five years, the government provided LPG gas cylinders to rural women, promised a home for everyone under its Awaas Yojna; and ensured appropriate pricing for crops.
"Some of the issues pending in the agriculture sector need careful attention. Maybe there is a short term problem of drought, but long term problem of poor realization for farmers, has to be addressed by the government. The Government should also take private traders on-board to resolve the issue. We need a comprehensive plan for agriculture. Since the government has the clear mandate, they should do it," says Chief Economist, Abheek Barua, HDFC Bank.
BJP announced many schemes to boost the economy like infrastructure, irrigation, and appropriate pricing for the crop are many such issues.
"They should continue with the same, that will create the jobs," adds Mr. Narang.
Raising Finance: Privatization and Disinvestment.
The major challenge for the government is finance. GST collection is low on a monthly basis, and there is a strong pressure to reduce the fiscal deficit by 3% of GDP by 2020-21. The ongoing NBFC crisis has deepened stress in the sector.
"GST will bring more money going ahead. Current GST collection on an annual basis is growing by 10-12% . This is good despite reduction in the economy. Also, Bimal Jalan Committee has recommended that RBI should give some capital back to the Government, that will help the govt," says Narang.
The Government, had made plans to raise capital via disinvestment like stake sale of state -owned companies, reducing stake in PSU banks, and also selling of national carrier, AirIndia. In the second term, the the Government will carry through its plans to raise capital.
"Pushing growth is a priority, and for that, some amount of fiscal stimulus is needed without busting the fiscal limits. For that, the things which are on the back burner, like privatization, govt land sell, etc, must be considered. I think, with the majority, government now has the backing and courage to go forward and use to such things," Says Barua.
Government has been stepping the gas on privatization, but had faced political challenges.
"For government to raise capital, its important to look at an alternative source of finance. There were plans for strategic sell for a few assets, If there is a price there will be a buyer,"adds Barua.
Growth and Reform
Due to global slowdown, exports are hit. But economists believe that if tackled well, it can land a good opportunity for India.
"USA Vs China trade war presents a great an opportunity for several heavyweight sectors. We should take advantage of that. Prime Minister is very good at economic diplomacy. I think he needs to take this forward and ensure that whatever is leading to China, should come to us/India," says Barua.
The government infused capital in PSBs in the last five years. They have also successfully amalgamated the Bank of Baroda (BOB0-Vijaya bank and Dena Bank.
"Consolidation in PSBs will continue to happen. That's very positive. They will continue the policy of BOB-Vijaya Bank- Dena bank to other PSBs. The amalgamation of banks will make a strong bank.. and stronger banks are good for the economy in the long run," adds Narang.
There are high chances that, gradually, the economy will recover because IMD predicted a good monsoon, and with Modi's second inning, private investments will pick up too.
"Our base-case forecast sees GDP growth rising to 7.3% in fiscal 2020 from 7.0% in fiscal 2019. It is premised on yet another spell of normal monsoon and average crude oil price at $65-70. A below-normal, or ill-distributed, monsoon, or a spike in oil prices, will dampen growth outlook ," Says CRISIL in its statement.
Modi Government has already announced schemes; many projects are already under the process. This second term will help the government accomplish everything they crafted. But creating jobs, settling down issues of power sectors, tackling the challenges the NBFC sector, ensuring the PSBs have enough capital will not be an easy journey.
Disinvestment
Policy /	5 days ago


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Solitaire discovered the Petition while he was searching information on NCsoft's stock marketing and post a link on the "New Efforts" thread. I decided to make a separate thread about this topic to save you time finding the link on the "New Efforts" thread and I wanted to spread the word out as much as possible. There is still some hope left in us.
Sad. Makes my heart ache.
I know there are so many more people who would have signed this, had they known about it. But, getting the word out to the right crowd is always the hardest part of any public campaign.
Truth. I don't think the creator of the petition marketed/promoted it in the right way. I also don't think he gave it enough time to grow through word of mouth and what-not.
Plus the community has spread out significantly over the last five years and a lot of people have lost touch and stopped actively seeking info about the game. It'd take a pretty substantial catalysing event that got at least some mainstream exposure to rally people in significant numbers now.
Very true. The availability of internet access, combined with social media give anyone unprecedented ability to get the word out about anything quite effectively. However, it still takes a degree of effort to get it in front of the target audience. Creating a petition, and advertising on sites where there is still a die-hard presence is a good start, but there is so much of the following that have scattered to the winds in the last 5 years. If more effort had been directed at reaching them, the signature count could would have been in the high hundreds of thousands. Perhaps even above a million! As it is, I applaud the idea, but ultimately it feels like...like tears, in the rain.
Why wasnt the option used to send mail to all forum users used ?
No official word to send. In the last 5 years the number of door knobs who have had "information" have taken the liberty to rile the coh community up with their nonsense and zilch has come from disclosure except further distraction and community disenfranchisement... I hope whoever Is doing attempt #4 has the sense to keep a lid on it until something legally binding is signed.
HERC and full time work has me too busy to try something like that... That, and social networking seems to be faster than anything we put on the boards.
It wouldn't have gotten nearly that high sadly, the petition to save the game right after the shutdown was announced got just over 20k when attention on it was at it's highest and it's extremely unlikely that anything will exceed that now that the urgency has died.
Exactly, random calls to arms without anything new to justify them will only dishearten people or annoy them making them less likely to check or respond to things down the road. Honestly I don't know what the person who started this one hoped to accomplish by doing this now, or why they decided that this was a good time for a new petition particularly given that now that they are using the IP in MxM they are less likely then ever to sell it.


text:
Q: How to get a response from a jsp page using $http.get in AngularJS? I am new to JSON and $http service in AngularJS. I am trying to get a response from a jsp file(which is in same folder). But when I run it on the server nothing is printed. Also there are no errors.
Somebody please help. Thank you very much for your time and assistance in this matter.
Below is my html file where I've used AngularJS:
 <!DOCTYPE html>
    <html ng-app="myApp">
    <head>
    <script src="https://ajax.googleapis.com/ajax/libs/angularjs/1.6.5/angular.js"> </script>
    <script>
    var myApp=angular.module("myApp",[]);
    myApp.controller("myController",function($scope,$http){

        $http.get("JSON.jsp").then(function(response){
            $scope.array=response;

        }).then(function(error){
            console.log(error, 'can not get data.');
        });

    });

    </script>

    <meta charset="ISO-8859-1">
    <title>AngularCheck</title>

    </head>
    <body ng-controller="myController" >
    <div ng-repeat="arr in array">
    {{arr.name}}
    {{arr.age}}

    </div>
    </body>
    </html>

Below is my jsp file:
<%@ page language="java" contentType="text/html; charset=ISO-8859-1"
    pageEncoding="ISO-8859-1"%>

<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd">
<html>
<head>
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1">
<title>JSON page</title>
</head>
<body>

<%

out.println(" [{\"name\":\"jothi\",\"age\":\"20\"},{\"name\":\"Guru\",\"age\":\"22\"}]");

%>

</body>
</html>

A: you need to use catch to get the error message instead of then
$http.get("JSON.jsp").then(function(response){
   $scope.array=response.data;

}).catch(function(error){
   console.log(error, 'can not get data.');
});

redpajama_set_name: RedPajamaStackExchange


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Most of us will experience times in our lives when we need support. Therapy can provide a non-judgemental, emotionally safe and confidential space to help you explore your problems and gain insight into the way you feel and behave. As your therapist, I have no agenda other than your support and emotional wellbeing and seeking support from someone outside your circle of family and friends can mean it feels easier to open up and be honest. Therapy can help you to deepen your awareness of who you are and better understand your relationships with family, friends, colleagues and romantic partners. Engaging in therapeutic work can also enable you to reflect on the challenges you are currently facing and to either find a way to resolve them, or to accept them and move forward.
I understand that the idea of beginning therapy can feel daunting and confusing and that you might be unsure whether this is the right approach for you. If you feel uncertain and would like to know more or have any questions that are not answered here, then please feel free to contact me, with no obligation of starting sessions.
I mostly offer an integrative approach therapy, drawing on aspects of many therapeutic models. Integrative therapy acknowledges that no two people are the same and that therapy must be tailored to suit the needs of each individual client. Research has consistently shown that the therapeutic relationship, between the client and the therapist, is the most important aspect of effective therapy. I therefore work very collaboratively with clients, being congruent, transparent and respectful. I believe that, while the therapist has the theoretical knowledge, the client is the expert of themselves and that through a positive therapeutic relationship, the client has the capacity to change and grow.
I hold an undergraduate degree in Psychology, Masters degrees in Evolutionary Psychology and Counselling Psychology and a practitioner Doctorate in Counselling Psychology.
I am trained in various different therapeutic modalities, including; Cognitive Behavioural Therapy (CBT), person-centered approaches and talking therapy, psychodynamic therapy, Acceptance and Commitment Therapy (ACT) and Cognitive Analytic Therapy (CAT). This means that I am able to suggest the most appropriate form of support, based on your individual needs and experiences.
I have also had further specific training, through my continuing professional development, in the following ares; A Child's Grief – working with bereaved children, Sudden and Traumatic Loss, Survivors of Suicide, PTSD and Mental Health and Major Incident Response to natural disaster or terrorism. I hold additional qualifications in infant loss (I am an accredited member of the Foundation for Infant Loss) and in psychometric testing (I am on the BPS Register of Qualifications in Test Use, RQTU).
I work mostly with adults and young people, in many areas of emotional well-being and mental health and I have experience in a wide range of client presentations and histories. In addition to my private work, I have worked within the NHS and charitable sector for some years in different services, including supporting people who have sustained life altering injuries, those living with long term medical conditions or disabilities, those with addiction issues, providing bereavement support to those who have lost loved ones, and supporting individuals presenting with a wide range of mental health difficulties, such as mood and personality disorders.


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List of All Van Car Models
VAN, YOUR COMPACT AND HUGE VEHICLE FOR TRANSPORTATION AND DELIVERY
We all heard of vehicles used in armies and any sort of movements. We can name some of it including the vans. Vans are covered vehicles, which have resemblance with trucks. Just like other huge vehicles, vans' main purpose is to move animals, goods, stuff, and people from one place to another.
Vans are usually compared with trucks, but the only difference is that the former vehicle is much smaller than the latter. But both vehicles were produced during world war. Just like trucks, vans are also used as mobiles for transporting boxes of goods, herds of animals, and set of furniture to the desired destination. Vans can also be used to carry a group of people who are in some sort of activity like traveling or camping.
There are various types of van models that can be used for transportation, emergency purposes, and business functions. It includes a service vehicle, an ambulance, and a commercial van, respectively. Vans are also used for traveling and it so happened that Volkswagen and Mercedes-Benz are its common models.
Volkswagen has over 14 van models namely the Amarok, Caddy, California, Caravelle, Multivan, Caddy Komi, Transporter Kombi, Caddy Delivery Van, Crafter Delivery Van, Transporter Delivery Van, Crafter Dropside Van, Crafter Chassis, Transporter Dropside Van, and Transporter Chassis.
Related: We thought you were interested in this article. Toyota Hiace – Everything You Need to Know About
While Mercedes-Benz has produced at most 10 van models including the 170V, 170D, F1 aka Blue Arrow, NECAR, Sprinter, Vito, and Citan. Then models Vito and Sprinter were improved from 1996, 2000, and 2014, and 1995 and 2013, respectively.
Vans have various types of models. It could be from any distinguished models of Volkswagen or Mercedes-Benz. It could also be from a commercial van, a service van, an ambulance, or a delivery van. No matter what type of vans are these, the common thing it does is transport a good and a person from one place to another.
Here is the full list of Van body type car models:
GMC Safari
SsangYong Istana
Video of Van Car Models
Photos of different Van car type
Gazelle Next
Foton View Traveller Car Model
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In an effort to quantify such differences, a team of researchers compared the final mechanical properties and microstructure of aluminum castings when using copper-aluminum composite and cast iron chills.
On this view, imposing strict liability for harmful speech, such as defamatory statements, would overdeter, or chill, valuable speech, such as true political information.
3 : a feeling of coldness caused by fear <The grisly sight gave me the chills.
Lancaster recorded shivery 19-degree wind chills with a 28-degree air temperature and 8 mph winds in the early morning.
As the molten metal comes in contact with the colder temperature of the mold, the outer diameter of the roll chills faster causing a chilled hard surface, usually 65 to 72 Rockwell "C".
is the owner of a unique proprietary patented technology, INSTACOOL(TM), which may be utilized with any aluminium container for soft drinks, beer, juice or water and which chills the beverage quickly when opened by the consumer.
The solidification rate has a significant effect on the final mechanical properties and can be controlled by molding media, chills and riser placement.
Two of the most widely used methods to control nonferrous casting solidification are cooling fins and external chills.
Metalcasting chills work much in the same way as icing down cans of beer on a hot summer day.
Ductile iron casters can use chills in various ways.
While chill fins must be removed at finishing, they increase production efficiency because chills do not have to be inserted manually into each mold.
The benefits cooling fins provide to castings often cause them to be considered with chills as viable options to improve casting design.


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From industrial welding to the easiest fabrication, here at Industrial Service Company, Inc., we've got you and your needs covered. You see, we've been in the business for over 20 years now and we've got the experience that it takes to be the best.


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Q: Return data based on condition in Linq C# I have below query but it throws error

An exception was thrown while attempting to evaluate a LINQ query
parameter expression

int? status = null;
BankDBContext.AccountDBs.Where(x => x.IsActive == (!status.HasValue? x.IsActive : (status.Value == 1))).ToList();

I want to return all records if status is null and if status has 1 return active records else in active records.
Thanks.

A: Return everything if null, active items if 1, else inactive
BankDBContext.AccountDBs.Where(x => status == null || x.IsActive == (status == 1))


In London trading Brent crude gained 2% to change hands at around US$43 per barrel.
Attentions never far from oversupply.
Having previously lurched back toward bear market territory crude prices rebounded on Tuesday, but oversupply worries are never far away.
Responding to the new decline seen in recent sessions a number of analysts and expert commentators have reaffirmed forecasts for rallies back to levels above US$55 per barrel.
Meanwhile, in London trading Brent crude gained 2% to change hands at around US$43 per barrel, while West Texas Intermediary futures were up 1.6% to US$40.70.
The weight on oil market sentiment continues to the apparent glut in supply - put simply, there's still too much oil production and not enough demand.
Later today the American Petroleum Institute will deliver the first of the week's inventory reports, the market's often relied upon gauge on US consumption.
Experts expect this week's figures will show a draw on stockpiles of crude, as well as gasoline and distillate - though the same was forecast week only for the numbers to show an increase in the surplus.


Cambio, strappy sandal represents high quality footwear for women. Created by the ecolabel Think, this sling back style sandal stands for the individuality of design and harmony with the environment. Featuring high quality Nappa, calf leather upper, which is regular-grained, strong and supple. Most widely used by makers of high-quality shoes, because of its lightness and gracious ageing. Designed for the perfect fit, black hue, ladies sandals have adjustable velcro finish straps for an easy on and off. Think summer shoe has been carefully designed to match the anatomy of the human foot in order to promote good posture, support the natural movement of walking muscles and boost blood circulation. With their vegetable tanned lining and leather covered natural cork footbed those top quality summer flats will make sore and blistered feet a thing of the past. Both lining and insole are moisture absorbing and breathable, insole is also removable and has been locked in place with strategically placed velcro. This skin friendly, leather sandal has been tanned and handcrafted in Europe. Dyes used in tanning come from vegetable extracts which means that this sustainable, healthy footwear is chrome free and suitable for those who are prone to chrome triggered allergies. Sandal sits on the lightweight sole with a 1.5 inch lift at the heel. Sturdy and durable hot weather, flats are so comfortable that can be worn all day long.


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Being a Woman of Color at Vanderbilt
Daniel Dubois
Aerial images of Vanderbilt Campus and Kirkland Hall (Daniel Dubois / Vanderbilt University)
Mary Elaine Hanna
Entering a space that was not built to include you can be a jarring experience for any marginalized group, and minority experiences at Vanderbilt are no exception to this. A survey sent to undergraduates who identify as women of color asked students to reflect on their experiences at Vanderbilt in the areas of Greek Life, academics, and campus life. Responses came from a range of students including international students, LGBTQ+ individuals, first generation college students, transfer students, and first generation Americans.
On the survey, women indicated their involvement in Greek Life and their general sentiments toward joining Greek organizations. Of the respondents who indicated they were in a Greek organization, most were part of the National Pan-Hellenic Council (NPHC), that is, the umbrella council that houses historically African American fraternities and sororities, including Vanderbilt's three sorority chapters. Reasons cited for choosing to join an NPHC sorority over a Panhellenic sorority included not wanting to be the token of a predominantly white group and desiring "real sisterhood." Respondents who do not participate in Greek Life, in addition to the financial cost of joining a sorority, cited their discomfort with entering a space among people who they perceive "don't understand or care to understand" their experiences.
The women also reflected on class dynamics and relationships with professors. Some respondents wrote about times when they felt their identity made it difficult to contribute in class. Several women cited feeling "hyper-conscious" in class, namely in economics classes which are dominated by white men. In navigating student-professor relationships, some students recounted instances where they felt disempowered by while male professors. One student cited anxiety in asking for help from a professor, while another felt unable to confront her professor after a class discussion that felt disparaging towards her identity for fear of how she would be responded to or perceived. Strikingly, 40% of the respondents reported never having had a woman of color as a professor at Vanderbilt.
When asked to think about the resources available on campus, women gave responses explaining what has been helpful for them and what needs to be improved. Students wrote that available campus resources such as the UCC, Project Safe, and the Women's Center do not have representative staffs, making some students feel uncomfortable about opening up about experiences directly tied to their identity as women of color. In contrast, one student noted that the care providers that are women of color, though few and far between, have been helpful during her time at Vanderbilt. Several students also noted their appreciation for the Black Cultural Center.
Ashton Toone, Graduate Assistant and the only woman of color on staff at the Margaret Cuninggim Women's Center, says she understands why women of color are not utilizing the Center's resources. Toone feels that the Center is not taking advantage of its potential to reach more students, as they "see the same types of students all the time." Acknowledging that programming mainly reaches white women, Toone states that the Women's Center, "genuinely wants to serve all students and all women," but "doesn't do our students of color enough justice. Because [the Women's Center] is an all-white space, it can be really intimidating." Toone believes that cross-collaboration with other campus resources like the BCC is an essential step in making programming more inclusive and helpful to women of color.
JaNiene Peoples, Student Wellbeing Coordinator for the Center for Student Wellbeing, says, "It's no surprise that women of color attending PWIs face a unique set of challenges. Women students of color may not feel comfortable expressing ways in which the cumulative effects of dealing with racial and gender issues directly impact their overall wellbeing. They may also be reluctant to self-advocate in regards to supporting various dimensions of their personal health and wellness." Also emphasizing the importance of collaboration between the CSW and other campus resources like the BCC, Peoples states, "I encourage all students who are women of color to find communities on campus that promote a sense of belonging and continue sharing your unique needs with us."
Special thanks to all the women who contributed their voices and experiences to this article.
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Stocks: Not a creature was stirring...
by CNNMoney Staff @CNNMoneyInvest December 24, 2013: 6:52 AM ET
Not a creature was stirring Tuesday morning in the markets as investors and traders prepared for the upcoming Christmas break and a shortened trading session.
Stock markets in New York will close at 1 p.m. ET Tuesday, and markets will remain closed Wednesday for Christmas Day.
U.S. stock futures made just the slightest gains ahead of the opening bell, indicating Tuesday's truncated trading session could be uneventful.
Trading volumes are typically low in late December with the holidays around the corner, but investors may still need to keep an eye out for economic reports. The U.S. Census Bureau is releasing its latest report on durable goods orders at 8:30 a.m. and will also release data on new home sales for November at 10 a.m.
Related: Fear & Greed Index gets greedy again
While Tuesday is expected to be a tame trading day, markets have certainly made big moves so far this year, with the Dow Jones industrial average and S&P 500 both climbing 0.5% to new records Monday, while the Nasdaq jumped more than 1% to a fresh 13-year high.
Investors have been feeling increasingly confident about the state of the U.S. economy, helping the main indexes surge by well over 20% throughout 2013. The Dow has pushed ahead by 24% this year, the S&P has advanced by 28% and the Nasdaq has rallied by 37%.
Related: China is looking to avert another cash crunch
In European markets, the major indexes were moving higher throughout the morning. Trading in London and Paris is set to close early. Markets in Frankfurt were closed.
In Asia, markets were mixed.
CNNMoney (New York) First published December 24, 2013: 5:07 AM ET


You are here: Home / Blog / Bad Breath / Good News For Bad Breath!
Those are very good tips, but you still need to see your dentist before something much worst can happen to your oral health.
This is really a concise explanation about bad breath. be concious with your oral hygiene and visit your dentist for at least twice a year. with these, you will definitely get rid of bad breath.
Gum disease and Pregnancy Nursing bottle decay – what is it?


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Dance @Breakfast
The Vibe with Joe
Drive time with Lucy
HollaEvenings
Shake the house
Iris Race Weekend
Iris Yas Island [Abu Dhabi ]
Iris Yas Island
Yas Marina Circuit Abu Dhabi
Prepare yourself – Abu Dhabi Grand Prix is back!
Dance FM is teaming up with Iris, Yas Island – the ultimate Formula 1 night spot.
Giving you the chance to experience a huge line-up of world-class DJs, including:
Hot Since 82, Mahmut Orhan, Mark Knight, Volkan Uca, Rony Seikaly, Hisham and Claptone!
Stay tuned for your chance to get your hands on tickets to see the biggest names in Dance music.
97.8 Dance FM
THU, NOV 23
HOT SINCE 82; LATE NIGHT
Award-winning British house music DJ/Producer; Hot Since 82 was Amnesia's resident and has headlined many of the world's leading music festivals, resulting in Mixmag describing his progression in the scene as "meteoric".
FRI, NOV 24
MAHMUT ORHAN; SUNSET
Turkish DJ/Producer Mahmut Orhan; Famously known for producing the original soundtrack music for world phenomenon TV series "Game of Thrones" and the 2016 track "Feel" featuring Sena Sener.
MARK KNIGHT; LATE NIGHT
Grammy-nominated DJ/producer Mark Knight; One of the industry's most respected and accomplished UK players to date. His legacy already ranks him as a leading player in dance music culture.
VOLKAN UCA; SUNSET
Turkish DJ/Music creator of chart-topper "Istanbul"; Volkan UCA, is one of the most demanded DJs of the region with the superior performance through fashion powerhouses such as Versace and Fashion TV.
RONY SEIKALY; LATE NIGHT
From Burning Man & Amnesia Ibiza to Marquee NY and LIV Miami, American-Lebanese DJ Rony Seikaly took steps forward in his music, truly making waves on the electronic music scene, featuring associated acts with Marco Carola, Erick Morillo, Guy Gerber & Seth Troxler.
SUN, NOV26
HISHAM; SUNSET
CLAPTONE; LATE NIGHT
Highest House Entry on DJ Mag's Top 100 DJs Global Poll ever. German DJ/producer Claptone, is what the scene calls: The Famous Masked Avenger as his identity remains a mystery.
Tickets available via Virgin Megastore
Fadil El Ghoul (born in 's-Hertogenbosch, 2 April 1986), better known by his stage name R3hab (pronounced "rehab"), is a Dutch DJ and record producer of Moroccan origin. Alongside Afrojack and Chuckie, R3hab is one of the proponents of the modern Dutch house subgenre, although his style and sound at the time were usually darker, somewhat reminiscent of early psytrance or gabber compositions. During the 2012 WMC in Miami, United States, R3hab won the IDMA Best Breakthrough Artist Award.
Dance After Dark
Dance Daytime
Shake the House with Stacy
Saturday Social with Hollaphonic
Mark Shakedown
Featured Chart
We Got That Cool
Yves V ft. Afrojack & Icona Pop
Love On Myself
Felix Jaehn ft. Calum Scott
Anton Powers & K-Klass
Building 10 Office 134 – 137
Media City, Dubai, UAE
Listen on the GO!
© 2019 Shock Middle East Radio Network.
Dance FM 97.8
The UAE's Only Dance Station
Dance Urban Radio
Dance Top 40
Dance DJ's


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EXCLUSIVE: Giancarlo Esposito and Jamie Foxx On Shortlist For Role In Matt Reeves' 'The Batman'
News, Omega Underground
Batman OmegaU Exclusive
Exclusive: I've learned a few more notable actors are in the mix for Warner Bros. and DC's 'The Batman.'
'Django Unchained' star Jamie Foxx and 'Breaking Bad' alum Giancarlo Esposito are on a shortlist for a major role in Matt Reeves' first 'Batman' movie. Character details for the role remain under wraps, with Riddler being one possibility. It's unknown if Reeves has met with Foxx or Esposito yet.
Foxx's notable credits include Quentin Tarantino's 'Django Unchained' and the Ray Charles biopic 'Ray'. He is no stranger to comic book movies, having played Electro in Marc Webb's 'The Amazing Spider-Man 2.'
Giancarlo Esposito is best known for his role as Gus Fring in AMC's 'Breaking Bad' and its spin-off 'Better Call Saul.' He will also be appearing in the Disney+ 'Star Wars' series 'The Mandalorian.' MCUCosmic recently reported that Esposito is also up for a major role in an upcoming Marvel Cinematic Universe movie.
Ben Affleck to appear as 'Batman' in The Flash
Robert Pattinson will play the next iteration of the Caped Crusader. The film will feature Riddler, Catwoman, Firefly, and Penguin.
Reeves serves as both writer and director, and be reuniting with cinematographer Greig Fraser.
'The Batman' will hit theaters on June 25, 2021.
Jacob Tyler contributed to this article.
by Thomas Polito


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Darke County Board of DD Launches "Always There" 50th Anniversary Campaign and Developmental Disabilities Awareness Theme
(Greenville, OH) – The Darke County Commissioners signed a proclamation on February 27, 2017, declaring March as Developmental Disabilities (DD) Awareness Month. The signing also launched a yearlong campaign to recognize the 50th anniversary of Ohio's County Boards of Developmental Disabilities, with the theme "Always There."
In part, the proclamation reads:
Whereas: the mission and purpose of Ohio's county boards of developmental disabilities remain as strong as ever, with boards continuing to provide vital supports and resources to Ohioans with developmental disabilities and their families; and,
Whereas: during our 50-year history, Darke DD has continually evolved to develop and provide best-practice supports for people with developmental disabilities while also adapting to ever-changing community expectations;
And furthermore, we urge all citizens to join in this celebration by spreading awareness of the many contributions offered by people with developmental disabilities in our community,
And furthermore, we urge all citizens to support opportunities for people with developmental disabilities to enjoy full access to education, housing, employment, and recreational activities in pursuit of living happy, fulfilling lives.
The Always There campaign marks the founding of Ohio's 88 county boards by the Ohio General Assembly in 1967. The theme reflects the continuity of support, promotion of opportunity, and history of partnership county boards have offered to people with developmental disabilities and their families throughout the past, in the present, and in the future.
"Reflecting upon our history and looking toward our future is a wonderful way to mark the 50th anniversary of Ohio's county boards and DD Awareness Month, which is all about building awareness and understanding among the public about the lives of people with developmental disabilities," said Michael Beasecker, Superintendent.
Through personal stories and historical items submitted by county boards and the people, families, and communities they serve, the Always There campaign will tell the collective story of developmental disabilities in Ohio and how the role and services of the county boards have evolved throughout the years.
Submitted stories and items will be archived and shared as part of the Always There History Project, which will be launched on the campaign's website – www.alwaysthereforohio.org – in March. In addition to the website, the campaign will be supported through social media channels, posters, billboards, and local and statewide events.