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Thursday, July 19th, 2001
07/12/01: CERUTI v. ABERNATHY
Serious Injury Threshold – Conclusory Report Prepared by Physician who First Examined Plaintiff Two Years After Accident Deemed Insufficient Proof of "Serious Injury"
In this action for personal injuries arising out of a motor vehicle accident, the court held that plaintiff failed to establish "serious injury" as required by Insurance Law §5102(d), and dismissed the complaint accordingly. Plaintiff's medical report, which was prepared by a physician who saw plaintiff for the first time after defendants moved for summary judgment, and nearly two years after plaintiff last received treatment relating to the accident, was insufficient to raise an issue of fact as to whether a "serious injury" existed. Plaintiffs also failed to explain a gap of almost two years between termination of plaintiff's initial course of treatment and the commencement of the present course of treatment. Moreover, plaintiff's complaints of neck pain, lower back pain and stiffness and headaches did not constitute "permanent loss of use of a body organ, member, function or system" or "significant limitation of use of a body function or system" under Insurance Law § 5102(d). Finally, plaintiff's absence from school for 20 full days and three half-days, and his refraining, on doctor's orders, from participating in physical education for the remaining three months of the school year, did not prevent him "from performing substantially all of the material acts which constitute [his] usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following" the accident, as required by the statute.
07/12/01: CATALANOTTO v. COMMERCIAL MUTUAL INS. CO.
Agent Not Liable for Failure to Procure Adequate Coverage Absent Customer's Specific Request for the Coverage
Plaintiffs sustained property loss when their garage roof collapsed due to accumulation snow and ice. The parties agreed that the policy covering the property did not cover damage caused by snow and ice loads. In this action to recover the amount of their loss, plaintiffs' alleged that their agent was negligent in failing to procure adequate insurance coverage. The court held that defendant was entitled to a directed verdict at the close of plaintiffs' proof. "Under New York law, an insurance agent has a duty to the customer to obtain the requested coverage within a reasonable time after the request or to inform the customer of the agent's inability to do so, but the agent owes no continuing duty to advise, guide or direct the customer to obtain additional coverage." In this case, it was undisputed that plaintiffs made no request for coverage protecting against damage caused by the weight of snow or ice, and a generalized request that defendant "cover [them] on everything", is insufficient. Furthermore, trial evidence concerning defendant's deviation from a purported industry standard of informing customers of the advisability of obtaining the "form two" coverage did not constitute prima facie evidence of negligence. Finally, the trial evidence showed that plaintiffs received the policy before the collapse, thereby giving them "conclusive presumptive knowledge of the terms and limits of [the policy]" and defeating their action as a matter of law. Judgment in plaintiffs' favor was reversed accordingly.
07/10/01: ROSNER V. METROPOLITAN PROPERTY AND LIABILITY INS. COMPANY
A Covered Policy is Issued (in NY) as of its Effective Date of Coverage, Not Date of Execution or Date Policy is sent to Policyholder
After Metropolitan paid Rosner $100,000, the full amount of coverage under the automobile policy, Rosner's guardian initiated a declaratory judgment action seeking a determination that the Mintzes' personal excess liability policy remained in effect on May 29, 1996, the day of the accident. Metropolitan contended that the excess coverage policy was properly discontinued on May 25, 1996, just days before the accident. The District Court held in favor of Rosner, noting that Insurance Law §3425(a)(7) measured mandatory policy periods for personal line insurance policies from the date policies are executed rather than from the effective dates of coverage. Metropolitan appealed and the United States Court of Appeals for the Second Circuit, finding no definitive judicial interpretation of this section of the Insurance Law, certified the following question to the Court of Appeals: "With reference to the facts of this case, does the phrase 'the date as of which a covered policy is first issued' as used in Section 3425 (a)(7) of the Insurance Law refer to (a) the date of execution of the policy; (b) its effective date; or (c) another date?" High court concludes that it is (b) -- the effective date, that is critical.
07/20/01: TOLBERT v. CONNECTICUT GENERAL LIFE INS. CO.
Connecticut Supreme Court
Breach of Contract to Provide Disability Insurance Ripens When Policy Isn't Acquired, Not When Disability Arises or Party Learns Policy Not Obtained
Lending institution was supposed to purchase a policy of credit disability insurance for borrower and did not. More than six years later, borrower became disabled and first learned that the policy was not acquired. The claim against the lender was time-barred. The six-year statute of limitations contract actions begins to run when the breach occurs, not when the borrower learned that the policy was not purchased. Since the borrower did not allege a continuing duty to maintain insurance, the claim against lender is dismissed.
07/18/01: NATIONWIDE MUTUAL INS. CO. v. COSENZA
Third Circuit (applying Pennsylvania law)
Exclusion in Auto Policy which Precludes Recovery of Benefits under Both Liability Provisions and Underinsured Provisions Invalid Under Statute
This appeal presents a question of first impression relating to the construction and enforceability of an exclusion in an automobile insurance contract stating that an insured cannot recover benefits under both the liability coverage and the underinsured motorist coverage of the insurance contract. The Third Circuit held that, on the facts of this case, the "dual recovery" prohibition is invalid and unenforceable pursuant to Pennsylvania's Motor Vehicle Financial Responsibility Law (75 Pa. C.S.A. §1701 et seq.).
07/18/01: NORTHWESTERN OHIO BLDG. & CONSTR. TRADES COUNCIL v. CONRAD
Ohio Supreme Court
Use of Premium Contributions from the State Insurance Fund for Payment of Administrative and Performance Incentive Fees is Constitutional
Use of premium contributions from State Insurance Fund for payment of administrative and performance incentive fees to managed care organizations certified by the Bureau of Workers' Compensation does not violate Section 35, Article II of the Ohio Constitution.
07/12/01: SYBRON TRANSITION CORP. v. SECURITY INS. OF HARTFORD
Seventh Circuit (applying New York law)
In Asbestos Insurance Case Involving Time-on-the-Risk Approach, Period of Self-Insurance is Considered Period of Coverage
Seventh Circuit struggles with application of New York law in Asbestos Coverage case. New York federal courts have adopted a "time-on-the-risk" approach to determining coverage responsibility in long-term exposure cases, mandating that each insurer's liability (up to its policy limit) be measured by the underlying loss multiplied by the ratio of time covered by the policy to the time subject to the risk. The court concluded that an insured's decision not to purchase coverage was, in fact, a decision to pay itself a premium. Accordingly, self-insurance should be considered insurance.
CERUTI v. ABERNATHY
Order, Supreme Court, New York County (Richard Lowe III, J.), entered on or about November 15, 1999, which denied defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendants-appellants dismissing the complaint.
The medical report that plaintiffs submitted, opining that plaintiff had suffered "permanent" injuries in the motor vehicle accident - a report prepared by a physician who saw plaintiff for the first time after defendants moved for summary judgment, and nearly two years after plaintiff last received treatment relating to the accident - was insufficient to overcome the medical evidence that defendants submitted, which indicated that plaintiff's injuries had resolved within about six months after the accident. The physician's diagnostic statements, simply "conclusory assertions tailored to meet statutory requirements," were insufficient to raise an issue of fact as to whether a serious injury exists (Lopez v Senatore, 65 NY2d 1017, 1019). Plaintiffs also failed to explain the gap of almost two years between the termination of plaintiff's initial course of treatment for his injuries and the commencement of the alleged present course of treatment by this physician (Bandoian v Bernstein, 254 AD2d 205, 206). Plaintiff's present complaints, as the physician reported them - some neck pain, lower back pain and stiffness and headaches - do not constitute "permanent loss of use of a body organ, member, function or system" or "significant limitation of use of a body function or system" under Insurance Law § 5102(d) (see, Oberly v Bangs Ambulance Inc., __ NY2d __, 2001 NY LEXIS 1051; Collins v Jost, __ AD2d __, 721 NYS2d 524). Nor do either his absence from school for 20 full days and three half-days or his refraining, on doctor's orders, from participating in physical education for the remaining three months of the school year meet the "serious injury" threshold of § 5102(d) by preventing him "from performing substantially all of the material acts which constitute [his] usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following" the accident (emphasis added) (see, Licari v Elliott, 57 NY2d 230).
CATALANOTTO v. COMMERCIAL MUTUAL INSURANCE COMPANY
Cross appeals from a judgment of the Supreme Court (Leaman, J.), entered May 22, 2000 in Greene County, upon a decision of the court following a bifurcated trial in favor of plaintiffs on the issue of damages.
Plaintiffs, the owners of a seasonal residence with attached garage located in Greene County, sustained a property loss in the winter of 1993 when the roof of the garage collapsed due to the weight of accumulated snow and ice, causing damage to both the structure and its contents. It is undisputed that the insurance policy covering the property, which had been procured through plaintiffs' insurance broker, defendant Marshall & Sterling Inc. (hereinafter defendant), insured against only very limited risks and did not cover damage caused by snow and ice loads. Alleging defendant's negligence in failing to procure adequate insurance coverage for them, plaintiffs brought this action to recover the amount of their loss from defendant.
A jury trial was first conducted on the issue of liability. At the close of plaintiffs' proof, defendant moved for a directed verdict based upon plaintiffs' failure to present evidence of any specific request by plaintiffs that defendant procure coverage protecting against damage caused by the weight of snow and ice (see, Murphy v Kuhn, 90 NY2d 266; Madhvani v Sheehan, 234 AD2d 652). Supreme Court (Connor, J.) denied the motion and the jury ultimately rendered a verdict finding that defendant was "negligent in not procuring for the plaintiffs an insurance policy which provided for the peril of damage resulting from weight of the snow and ice", that such negligence was "a substantial factor in causing a loss to plaintiffs by failing to have coverage under their insurance policy", but that plaintiffs were also "negligent in not informing [defendant] as to what coverage they desired in regards to [sic] the damages they subsequently sustained resulting from weighted snow and ice", which negligence was a substantial factor in bringing about their loss. The jury apportioned liability 35% to defendant and 65% to plaintiffs.
Thereafter, the matter proceeded to trial on the issue of damages, conducted without a jury before Supreme Court (Leaman, J.) by stipulation of the parties. Supreme Court determined that, because of plaintiffs' failure to present evidence concerning the availability of the more comprehensive "form two" insurance to insure "the extensive and eclectic collection of artifacts stored by the plaintiffs in the subject garage" or, if available, the cost of such insurance, the record did not support an award for damage to the contents of the garage. Supreme Court established the damage to the structure at $70,000, reduced to $24,500 by reason of plaintiffs' proportionate culpability. Judgment was entered for that amount, togther with interest, costs and disbursements. The parties cross-appeal.
As a threshold matter, we are unpersuaded by plaintiffs' contention that, by failing to perfect its appeal from an April 7, 1999 judgment for costs and disbursements to plaintiffs following the liability phase of the trial, defendant was somehow precluded from thereafter contesting the jury's verdict on the issue of defendant's proportionate liability. Contrary to plaintiffs' assertion, as well as the language of the notice of appeal giving rise to it, the judgment entered April 7, 1999 was a mere money judgment. Further, had an interlocutory judgment or order been entered on the jury verdict, defendant's appeal from the final judgment entered May 22, 2000 would have brought it up for review (see, CPLR 5501 [a] [1]; Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C5501:4, at 19), so long as an appeal from that interlocutory order or judgment had not been taken, abandoned, and thereafter dismissed on that basis (see, Rubeo v National Grange Mut. Ins. Co., 93 NY2d 750, 756-757).
On the merits, we agree with defendant's contention that Supreme Court (Connor, J.) erred in denying defendant's motion for a directed verdict at the close of plaintiffs' case. "Under New York law, an insurance agent has a duty to the customer to obtain the requested coverage within a reasonable time after the request or to inform the customer of the agent's inability to do so, but the agent owes no continuing duty to advise, guide or direct the customer to obtain additional coverage * * *" (Wied v New York Cent. Mut. Fire Ins. Co., 208 AD2d 1132, 1133 [citation omitted]; see, Murphy v Kuhn, 90 NY2d 266, 270, supra; Madhvani v Sheehan, 234 AD2d 652, 654, supra; Empire Indus. Corp. v Insurance Cos. of N. Am., 226 AD2d 580, 581). In this case, it is undisputed that plaintiffs made no request for coverage protecting against damage caused by the weight of snow or ice. At best, plaintiffs made a generalized request that defendant "cover [them] on everything", the very kind of request that has been repeatedly held to be insufficient (see, M & E Mfg. Co. v Frank H. Reis Inc., 258 AD2d 9, 12 ["fully insured"]; Madhvani v Sheehan, supra, at 654 ["full coverage"]; Empire Indus. Corp. v Insurance Cos. of N. Am., supra, at 581 ["best available"]; Erwig v Cook Agency, 173 AD2d 439 ["good coverage"]).
Further, given plaintiffs' failure to satisfy the common-law standard, and in the absence of any evidence supporting a "special relationship" theory (compare, Kimmell v Schaefer, 89 NY2d 257, 260), we conclude that trial evidence concerning defendant's deviation from a purported industry standard of informing customers of the advisability of obtaining the "form two" coverage did not constitute prima facie evidence of negligence (cf., AJ Contr. Co. v Trident Mgrs., 234 AD2d 195). In any event, uncontroverted trial evidence showed that plaintiffs received and reviewed the subject policy prior to the time of the collapse, thereby giving them "conclusive presumptive knowledge of the terms and limits of [the policy]" and defeating their action as a matter of law (Rogers v Urbanke, 194 AD2d 1024, 1024-1025).
The parties' remaining contentions need not be considered.
Peters, Spain, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is reversed, on the law, with costs to defendant Marshall & Sterling Inc., and complaint dismissed.
ROSNER V. METROPOLITAN PROPERTY & LIABILITY INS. CO.
GRAFFEO, J.:
On May 29, 1996, while walking on a roadway, Israel Rosner was struck by an automobile operated by Charles Mintz and owned by Leddy Mintz. As a result of the accident, Rosner suffered serious head injuries. At the time, Metropolitan Property and Casualty Insurance Company insured the Mintzes under an automobile liability policy with single limit coverage of $100,000. For a number of years previously, Metropolitan also provided a $1,000,000 personal excess liability policy to the Mintzes.
After Metropolitan paid Rosner $100,000, the full amount of coverage under the automobile policy, Rosner's guardian initiated a declaratory judgment action in the United States District Court for the Eastern District of New York seeking a determination that the Mintzes' personal excess liability policy remained in effect on May 29, 1996, the day of the accident. Metropolitan contended that the excess coverage policy was properly discontinued on May 25, 1996, just days before the accident. In response to cross motions for summary judgment, the District Court held in favor of Rosner, noting that Insurance Law section 3425(a)(7) measured mandatory policy periods for personal line insurance policies from the date policies are executed rather than from the effective dates of coverage. Metropolitan appealed and the United States Court of Appeals for the Second Circuit, finding no definitive judicial interpretation of this section of the Insurance Law, certified the following question to this Court:
"With reference to the facts of this case, does the phrase 'the date as of which a covered policy is first issued' as used in Section 3425(a)(7) of the Insurance Law refer to (a) the date of execution of the policy; (b) its effective date; or (c) another date?"
We accepted certification (96 NY2d 727) and now answer that the statutory language refers to the effective date of a policy.
At the crux of this controversy lies the effect of statutory language governing the renewal and cancellation of personal lines insurance policies. The answer to the certified question, as noted by the Second Circuit, turns on the interpretation of sections 3425(e) and 3425(a)(7) of the Insurance Law.[1] Section 3425(e) states:
"With respect to personal lines insurance policies, no notice of nonrenewal or conditional renewal of a covered policy shall be issued to become effective during the required policy period unless it is based upon a ground for which the policy could have been cancelled."
Section 3425(a)(7) defines the "required policy period" for personal lines insurance as "a period of three years from the date as of which a covered policy is first issued or is voluntarily renewed." It is this provision that the Second Circuit found to be unclear. A review of the facts pertinent to the excess liability coverage provided by Metropolitan to the Mintzes illustrates the need to resolve the statutory ambiguity so aptly described by the Second Circuit (see, 236 F3d 96).
The Mintzes initial contract with Metropolitan for excess liability coverage became effective May 25, 1988. Pursuant to Insurance Law section 3425(a)(2), Metropolitan had to comply with New York's "required policy period," found in section 3425(a)(7) and thus granted the Mintzes two consecutive one-year renewals of the policy, continuing coverage through May 25, 1991. Upon termination of the first three-year coverage period, Metropolitan agreed to renew the policy with an effective date of May 25, 1991, thereby triggering a second three-year coverage period. A one-year renewal extended coverage from May 25, 1992 through May 25, 1993.
During this policy year, Mr. Mintz's employer instituted a group insurance program known as "METPAY," which allowed employees to purchase insurance at a group-rate discount through payroll deductions. The Mintzes enrolled in METPAY in April 1993 and expected that the METPAY payroll deduction plan would pay the premiums for their excess liability and automobile policies. Due to certain administrative errors by Metropolitan and oversights by the Mintzes, however, the excess liability policy was canceled on July 15, 1993 for nonpayment of premium.[2]
In the fall of 1993, the Mintzes contacted Metropolitan regarding the status of their excess liability coverage. Their discussions culminated in Metropolitan issuing a new excess liability policy on October 11, 1993, effective May 25, 1993 through May 25, 1994, thereby providing continuous coverage from the last date the previous excess policy was in effect. Again, pursuant to the three-year required policy period of section 3425(a)(7), the Mintzes and Metropolitan entered into two one-year renewals. Thus, coverage was continued through May 25, 1996, as indicated by the effective dates of coverage set forth in the policy.
In February 1996, prior to the expiration of the policy, Metropolitan determined it would not renew the Mintzes' excess liability policy because of "unacceptable liability exposure" due to certain automobile and homeowner's claims filed by the Mintzes. On March 27, 1996, Metropolitan mailed a notice to the Mintzes, informing them that excess liability coverage would cease on May 25, 1996. Mr. Mintz requested that Metropolitan reconsider its decision, but the carrier refused. The parties' Statement of Stipulated Facts in this case indicates that "Mr. & Mrs. Mintz knowingly elected to forego excess liability coverage after May 25, 1996, acknowledging that they understood that as of that date the [excess] policy was cancelled, the Mintzes deciding not to obtain replacement or similar coverage from any other insurers." Four days later, the tragic automobile accident occurred.
"[T]he starting point in any case of interpretation must always be the language itself, giving effect to the plain meaning thereof" (Majewski v Broadalbin-Perth Cent. School Dist., 91 NY2d 577, 583). "[M]eaning and effect should be given to all language of a statute * * *. Words are not to be rejected as superfluous where it is practicable to give each a distinct and separate meaning" (Cohen v Lord, Day & Lord, 75 NY2d 95, 100; see also, McKinney's Cons Laws of NY, Book 1, Statutes § 231, at 390). In the absence of any controlling statutory definition, we construe words of ordinary import with their usual and commonly understood meaning, and in that connection have regarded dictionary definitions as "useful guideposts" in determining the meaning of a word or phrase (Matter of Village of Chestnut Ridge v Howard, 92 NY2d 718, 723; see also, McKinney's Cons Laws of NY, Book 1, Statutes §§ 232, 234, at 392, 398).
Here, we must determine the meaning of the phrase "the date as of which a covered policy is first issued" as used in section 3425(a)(7). Our analysis focuses on two key terms: "as of" and "issued." The phrase "as of" is frequently "used to signify the effective legal date of a document, as when the document is backdated or the parties sign at different times" (Black's Law Dictionary 109 [7th ed 1999]; see also, Garner, A Dictionary of Modern Legal Usage 80 [2d ed 1995] [same]). Further, "as of is justified only as a device for assigning an event to one time and the report or recognition of it to another" (Follett, Modern American Usage: A Guide 76 [Jacques Barzun ed 1966] [emphasis omitted]). The term "issue" has been defined as "[t]o send out or distribute officially" (Black's Law Dictionary 836 [7th ed 1999]).
Using these ordinary understandings of the phrase "as of," and reading section 3425(a)(7) in conjunction with the word "issue," we hold that "as of" refers to a date mutually agreed upon by the parties having some contractual significance, rather than merely referencing the date of an event, such as the execution or delivery of a document. If we were simply to apply the common definition of the term "issue" and hold that section 3425(a)(7) refers to the execution or delivery date, such a result would effectively excise the phrase "as of" from the statute, in derogation of the canons of statutory construction.
Plaintiffs argue that the three-year policy period runs from the date a policy is issued by a carrier or when it is delivered to an insured. They contend that their position is supported not only by the plain meaning of the term "issue," but also by the structure of section 3425(a) viewed as a whole. They point to the definitions of "required policy period" for personal lines insurance other than automobile insurance (see, Insurance Law § 3425[a][7]) as compared to automobile insurance (see, Insurance Law § 3425[a][8]). The former measures the three-year term from the date the policy is "first issued" (Insurance Law § 3425[a][7]), while the latter provides for a one-year renewal term to commence from the date the policy "becomes effective" (Insurance Law § 3425[a][8]). Given this difference, plaintiffs contend the Legislature intended that the term for automobile insurance is to begin on the effective date of coverage, while the policy period for personal lines insurance is triggered on the date of execution or delivery of the policy. We disagree.
The statutory predecessor to sections 3425(a)(7) and 3425(a)(8) was section 167-a of the Insurance Law. As enacted in 1974, the three-year bar against nonrenewability and cancellation originally applied to all personal lines insurance, including automobile insurance (see generally, L 1974, ch 1072; A Report to Governor Hugh L. Carey and New York State Legislature from Superintendent of Insurance Albert B. Lewis, Personal Lines Insurance: An Evaluation of The Operation of Section 167-a of the Insurance Law [March 1, 1979]). However, in 1979, the Legislature shortened the required policy period for automobile insurance to one year to "encourag[e] insurers to take reasonable underwriting risks without the present fear that errors of underwriting judgment will be burdens on them long after good business sense would dictate their elimination" (Mem of Senator John R. Dunne, 1979 NY Legis Ann, at 415). In creating a new subsection to reflect this amendment affecting automobile liability insurance (now codified at section 3425[a][8]), the Legislature left unchanged the provision at issue in this case (now codified at section 3425[a][7]).
Contrary to plaintiffs' contentions, the legislative history accompanying the 1979 amendments weighs against viewing the differences in the phrases employed in sections 3425(a)(7) and 3425(a)(8) as evidencing an intent to establish two different means of measuring required policy periods. The Sponsor's Memorandum states that the purpose of the amendment was "[t]o establish more reasonable provisions for cancellation, non-renewal and conditional renewal of motor vehicle policies" (Mem of Senator John R. Dunne, 1979 NY Legis Ann, at 414).
Similarly, the Governor's Approval Memorandum explained that, despite the reduction in the required policy period for automobile liability insurance, "[t]he minimum three year policy period applicable to non-automobile personal lines policies is not altered by this bill" (Governor's App Mem, at 3, Bill Jacket, L 1979, ch 690). Finally, the Superintendent of Insurance stated that the "key terms" of the automobile liability insurance amendment were "essentially the same as those now contained in Section 167-a(1), except that [the] 'required policy period' is one year, rather than three years" (Letter from Superintendent of Insurance Albert B. Lewis to Governor's Counsel, dated June 28, 1979, at 3, Bill Jacket, L 1979, ch 690).
There is thus no indication in the legislative history that the beginning point for required policy periods for automobile liability coverage was adjusted from that of other personal lines policies. In fact, the legislative history is clear that the purpose of the amendment was merely to reduce the required policy period for automobile liability insurance policies from three years to one year and not to alter any other aspect.
Further, we note that the practical implications of plaintiffs' interpretation of section 3425(a)(7) would run counter to the Legislature's stated intent in enacting the law in 1974. As the Governor's Approval Memorandum of section 167-a stated, the statute's purpose was to "consolidate and simplify provisions of law under which insurers issuing automobile liability insurance policies or other personal lines insurance policies are prohibited from cancelling or failing to renew such policies for a period of 3 years" (Bill Jacket, L 1974, ch 1072, at 21). The Insurance Department submitted a memorandum in support of the bill, noting that its purpose was "to provide a three year period of guaranteed renewability" and to establish "guaranteed continuity of coverage" within that term (Mem of Ins Dept, dated January 24, 1974, Bill Jacket, L 1974, ch 1072, at 13). If the statute is interpreted to designate the date on which a policy was executed or delivered, the three years of coverage will only run concomitantly where the insurer executes the policy on the day that coverage is effective. In instances where the effective date does not coincide with issuance or delivery of the policy, at least three troubling scenarios could develop.
First, an insurer could agree to provide coverage beginning on a specified date and accept the premium, but fail to execute or deliver a written policy. In this situation, it is unclear under plaintiffs' analysis how the required policy period would be applied. Second, if a policy were executed or delivered prior to its effective date, the required policy period would expire before three years have elapsed from the commencement of coverage. In other words, the insured could receive less than three years of coverage, a result that would contravene the express legislative purpose of the statute. Third, where -- as here -- a policy was executed or delivered after a stated effective date, an insurer would be required to maintain coverage in excess of three years.
Interpreting the statute as we have is consistent with the legislative intent and purpose of this provision. Our view of the statute more accurately reflects the contractual arrangement between insured and insurer, and establishes a date certain upon which the parties can rely. Certainty in policy coverage periods is imperative in the insurance arena for both insureds and insurance companies.
Accordingly, the certified question should be answered with option (b): With reference to the facts of this case, the phrase "the date as of which a covered policy is first issued" as used in section 3425(a)(7) refers to the effective date of the policy.
Following certification of a question by the United States Court of Appeals for the Second Circuit and acceptance of the question by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question answered as follows: With reference to the facts of this case, the phrase "the date as of which a covered policy is first issued" as used in Insurance Law § 3425(a)(7) refers to the effective date of the policy.
Opinion by Judge Graffeo. Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Decided July 10, 2001
[1]The application of Insurance Law § 3420 to this action has not been addressed by the parties and is not in issue before us.
[2]Metropolitan terminated coverage in accordance with Insurance Law § 3425(c)(2), which articulates the limited grounds for which an insurer may cancel or refuse to renew a policy during the required policy period. Nonpayment of premiums is one such reason.


WORCESTER, Mass. – Following her play in the NEIGA Championship, junior Catherine French (Dudley, Mass./Shepherd Hill Regional) earned NE10 Golfer of the Week.
French finished off the fall season with a dramatic victory to earn medalist honors at the NEIGA Championship this past week. The junior made a birdie putt on 18 to force a playoff and on the second playoff hole had another birdie to win the NEIGA Championship. She shot an 80 on day two after an opening round 86 to secure the victory. Her play also helped Assumption capture the NEIGA Championship as a team.


Stephen R. Braund & Associates (SRB&A), established in January 1978, is an Alaska-owned applied anthropological firm based in Anchorage. SRB&A has completed over 165 studies in Alaska, the Pacific Northwest, Canada, and Japan, conducting extensive field research in rural Alaska, including small Native communities. SRB&A has a longstanding Alaska social science research history conducting rural subsistence studies, including documentation of harvest amounts and subsistence use areas, traditional knowledge studies, quantitative survey research, cultural resources surveys and assessments, Alaska Eskimo bowhead whale quotas, and evaluation of socioeconomic, subsistence, and cultural resources impacts associated with petroleum exploration, mining, and other types of development. SRB&A has produced a significant number of reports and publications associated with this research. SRB&A's staff and the firm's experience in meeting the needs of multiple projects concurrently enables SRB&A to respond to clients' requests quickly and provide high-quality products within the required time frame. SRB&A's small business structure and open office environment allows for quick reporting and resolution of issues that may arise during the project. SRB&A has a policy of keeping clients informed about project progress and working with clients to quickly resolve any technical matters.


5 Afternoon excursions with your teacher. Afternoon activities consist of horse riding, golf, tennis or another activity to suit individual preferences.
On a Young Learner Program lessons are one-to-one which ensures students have the full attention of the teacher at all times.
An assessment test is taken and Introductory Report completed before arrival in the UK so that level can be assessed and lessons can start from day one. All lesson material is designed for each individual student after careful inspection of the test and report. The teacher designs lessons are interesting and motivating for each student.
Lessons start between 9 and 9.30 and finish for lunch at midday. In the afternoon students are accompanied on an activity where the teacher carefully guides the student in their functional English and monitors language carefully.
Progress: We assess each student before they come on a summer vacation course with a CEFR level ( Common European Framework) . On an immersion course all students make huge progress in all skills but especially in speaking and listening as they are " living" English 24 hours a day for seven days a week – 24:7 as we say! The teacher assesses the student on a daily basis and records progress made and areas to improve.


I have a friend who's a real estate agent, and he talks about housing prices like my other buddies talk about basketball scores. This city is up, this city is down. This city will get more expensive in the next few years. For a while now, he's said Sacramento is a place where families can get their money's worth when they buy a new house—but that may be changing.
Take Roseville, where out of 454 listings, only 21 houses are under $250,000. Two years ago, Roseville had twice that many homes at that price. With new house prices on the rise, it's time to consider renovations.
One of the things to consider during a major renovation is upgrading your home to loose-fill, or blown-in, insulation. Renovations are a great way to create new space and rejuvenate an aging house, and loose-fill insulation is perfect in this situation because it's made to seal up leaks in spaces with irregular shapes, like those often created by remodeling an existing home.
I've talked before about the value of insulation, but it's also important to know about the different types of insulation. Loose-fill insulation, sometimes called blown-in insulation, is a type of insulation that is specially-suited to fill in the nooks and crannies of new construction. Compared to blanket batts and rolls, which come stock on most houses, the nature of loose-fill means it will do a better job of limiting gaps that inevitably decrease your home's energy efficiency by allowing too much air seepage.
Your house is usually a lot like your neighbors' when it's first built, but once you decide to undergo any renovations, it's possible that you'll be changing the shape of your house. If so, your wall and ceiling cavities might not be so uniform anymore—especially if you pick a style that's particularly modern or innovative. That's why it's really beneficial to pick out a type of insulation that will conform to the voids around your new studs or joist bays, as well as cavities that include electrical boxes, wiring, plumbing vents, and blocking.
Standard batt insulation just doesn't work as well when it comes to filling in these odd crevices and cavities—it won't do a complete job sealing in air, which should be the ultimate goal of your new insulation. It's an easy choice to decide to go with loose-fill over batt insulation, but what's a bit harder is deciding whether you want your loose-fill insulation to be made of cellulose or fiberglass.
Cellulose insulation: Cellulose is the top choice of most environmentally-friendly green builders because it's made from ground-up newspaper, with most brands using between 75 and 80 percent recycled material. Cellulose is also inexpensive, and it performs a bit better under most circumstances. The efficiency of insulation is rated with an R-value, which is the measure of insulation's ability to prevent heat from passing through it. Cellulose is denser than fiberglass insulation, and that gives it a slightly higher R-value, about 3.7 compared to the fiberglass rating of 3.5.
Fiberglass insulation: Fiberglass is similar to cellulose when it comes to loose-fill because they can both fit and fill irregular spaces that batt insulation can't. However, fiberglass insulation isn't as environmentally-friendly, and it's believed to carry a minor health risk, although that hasn't been officially substantiated. Still, fiberglass, which is made of chopped glass insulation fibers, is best kept to spaces where those fibers have no chance of entering occupied space—or an HVAC system.
When it comes to loose-fill insulation, cellulose is cheaper, heavier, and performs better if installed correctly. But, fiberglass proponents would remind us that if cellulose insulation is installed poorly, it tends to settle and become less effective than fiberglass over time.
When any insulation sags or sinks, otherwise known as settling, it begins to allow more air and energy to pass throughout it, making it less effective. Fiberglass doesn't settle nearly as much as cellulose loose-fill does, so your ultimate selection may depend on the expertise of the crew doing the installation to evaluate several factors particular to your home and family.
Unlike batt insulation, which is pretty easy for a homeowner to install themselves, loose-fill involves a more complex method. Both cellulose and fiberglass loose-fill insulation must be sprayed into place using special equipment. This is a tricky process for a homeowner to attempt, largely because it involves using specialty equipment. In fact, even contractors who are building brand-new homes generally sub out this work to a skilled insulation contractor.
What's more, it's important to incorporate this sort of work into your renovation process, so that you don't find yourself looking into better insulation options after major renovations are complete—the installation will be much harder. You'll save quite a bit of money down the road, when air seepage starts to cost you, if you make insulation a top priority when doing any sort of remodeling project.
If you're one of the many people in our area who's been thinking of buying a new house, but has had to shift plans because of the rise in our real estate prices, you may want to consider using whatever assets you have saved up for a major renovation instead, to make your current home more modern—and more energy-efficient.
When you're planning and executing those renovations, keep loose-fill insulation in mind for preventing air leaks in the new areas of your home. Air seepage is costly, and most types of loose-fill insulation are actually pretty affordable. So consider bypassing the standard batt insulation—I don't think you'll regret it.
Are you interested in learning more about how loose-fill insulation can improve your home, new or old? Contact the professionals at Bell Brothers today for a quote.


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Bachelet calls for the release of all detainees in Venezuela
Published:Saturday | June 22, 2019 | 12:00 AM
CARACAS, Venezuela, CMC – The High Commissioner for Human Rights (OHCHR), Michelle Bachelet, left the Venezuelan capital last night after urging the Nicolas Maduro government to release all those detained for peacefully protesting and announcing that a team from her office would remain in Caracas to monitor the human rights situation.
Bachelet arrived in the beleaguered South American country on Wednesday at the invitation of the Venezuelan government after having expressed deep concern in an address to the Human Rights Council in March, over the country's "dramatically" deteriorating rights situation overall, and the "continued criminalisation of peaceful protest and dissent".
Speaking to reporters last night at the Maiquetia International Airport, Bachelet, a former two-term president of Chile, said the government had agreed the new OHCHR team would provide technical help and advice and "continue to monitor the human rights situation in Venezuela.
"In my meetings with victims and their families, their deep yearning for justice for grave human rights violations was made painfully clear," she said.
"I sincerely hope that our assessment, advice and assistance will help strengthen torture prevention and access to justice in Venezuela. The government has also agreed that my team will be guaranteed full access to detention centres to be able to monitor conditions and speak to detainees."
Bachelet met President Maduro and other senior ministers, as well as the opposition leader, Juan Guaido, who declared himself interim president in January with the support of the United States and several other countries.
The move by Guaido has sparked a deepening political crisis in the deeply divided country, resulting in a significant number of nationals fleeing to several countries including Trinidad and Tobago. Caribbean Community (CARICOM) countries have already indicated that they would pursue the policy of non-interference and non-intervention in the internal affairs of Venezuela.
"I also met victims of human rights violations and their families. The man who told of his brother's torture, humiliation and killing by hooded FAES security officers in a raid on his house – and the many other heartbroken families whose loved ones suffered a similar fate…The mother whose 14-year-old child was shot during demonstrations on 30 April this year. People who suffered horrific torture in detention."
Bachelet said she had also met "victims of violence against government supporters. A mother whose young son, a government supporter, was set on fire during the 2017 protests and spent 15 agonising days in hospital before he died".
She said all had testified to "how astonishingly the humanitarian situation in Venezuela has deteriorated, including with regards to the rights to food, water, healthcare, education and other economic and social rights."
Around 75 per cent of the national budget is now going on social programmes for all, she said, "however, we have heard from Venezuelans who are fully employed – many in the public sector – who have difficulty affording medicine and adequate food."
The senior human rights official said the health situation "continues to be extremely critical", citing rising costs, lack of availability of medicines, and a rise now in teenage pregnancies, with maternal and new born mortality rates also ticking up.
"I have called on the government to ensure that essential data related to healthcare and other economic and social rights is made available to enable all actors to accurately assess and seek to adequately manage the situation", she said.
Bachelet said that she had discussed the need to address the causes of the multiple crises, while also expressing concern at the crippling effect of sanctions imposed by the United States on oil exports, and gold trading, which "are exacerbating and aggravating the pre-existing economic crisis."
She called on leaders "across the spectrum" to find a way to ease the suffering of the people:
"The crises can only be resolved through the meaningful, sincere participation and inclusion of actors from various sectors of society.
"The fate of more than 30 million Venezuelans rests upon the leadership's willingness and ability to put the human rights of the people ahead of any personal, ideological or political ambitions", she said, adding that she understood the mood of national scepticism, after years of decay and turmoil, that any political compromise is possible.
"Holding firmly to entrenched positions on either side will only escalate the crisis – and the people of Venezuela cannot afford further deterioration of the situation in the country," said Bachelet.
"I call for bold steps towards compromise, to set aside short-term wins for medium-term and long-term gains for the entire country", she added, with reference to discussions between government and opposition, underway in Norway.
"The talks can succeed, as long as they are inclusive and those involved respond to the very real urgency to ensure their success."
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redpajama_set_name: RedPajamaCommonCrawl


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The law threatens human rights: AHRC interviews Chee
When Dr. Chee Soon Juan visited Hong Kong earlier this year, he gave an interview to the Asian Human Rights Commission (AHRC) which was conducted by Mr Bruce Van Voorhis. Below are excerpts of the interview.
AHRC: In most countries, one normally thinks that the law exists to protect a persons rights, but it appears to an outsider that in Singapore the law is used to curtail peoples rights, to curtail dissent and to ensure that the ruling Peoples Action Party, or PAP, remains in power. Could you please comment on these observations, especially based on your own experiences?
CHEE: Not only are there laws that exist, the government is actively putting in place legislation that will further decimate the democratic movement. Ill give you a couple of examples. When the Singapore Democratic Party produced a video explaining our party platform in very simple terms and telling people about the need for more openness, democracy and respect for human rights, there was no law in place; but once we produced the video, the government banned it and enacted the Political Video Act. They said that henceforth youre not allowed to produce or distribute videos that are political in nature. In another case, the Open Singapore Centre wrote to the government saying we are interested in openness, transparency and accountability so, if you are interested in seeing something like this take root and be promoted and advocated in Singapore, then fund us. They said no. We then approached funders from overseas because there was no law against that. Since then, they have come up with another law that says that henceforth there will be no more funding from overseas. They will also enact other similar laws, they will amend the Constitution, they will amend legislation to continue to make it even more difficult for democracy to progress.
AHRC: Were there other tactics that the government tried, using their power as the incumbent government, to ensure their re-election in past elections?
CHEE: In the 1997 general elections, the government actually announced that those constituencies that voted for the opposition would not have their government-owned housing refurbished or upgraded. It went to the extent that they were going to monitor how the blocks voted, their level of support. This resulted in the PAP not only getting elected, but it allowed them to see where their support was not as strong. These housing blocks then would not get priority for being upgraded. That was in 1997. When they saw that this tactic actually scared Singaporeans and that Singaporeans started to vote for them, they were emboldened to the extent that, in the last elections in November, the government said they would give Singaporeans shares that they could convert into money, and they allowed people to make the conversion on the eve of polling day.
AHRC: Please give us a brief outline of your political history in Singapore? Did you start the party that you belong to?
CHEE: I joined the Singapore Democratic Party in 1992. The party was established in 1980. So by the time I joined, it was still relatively new. Shortly after I joined the party, the National University of Singapore where I was teaching psychology sacked me because of my involvement with the opposition. The allegation was that I had not used my research funds properly. When I disputed their charges, they sued me for defamation, and I ended up having to pay about US$300,000 in costs and damages. In addition, there is an injunction on me against making these same allegations again. This has been difficult for me, but its not something that I didnt expect. It has made the fight that much more difficult though.
AHRC: It appears again to an outsider that the PAP and its political leaders are paranoid, that they fear losing control of the government. If this assessment is true, why do you feel that the PAP and its leaders are so politically insecure?
CHEE: That is the nature of authoritarians. They feel that they not only have to control society but they have to get into every nook and cranny of your mind to be able to control your behaviour and mode of thought. They will do anything to make sure that opposing views do not get a foothold in society.
AHRC: Do they feel they lack legitimacy and thats why they clamp down?
CHEE: The more authoritarian you are, the more of a guilty conscience you have. You tend to jump at everything, even if its innocuous. They are not displaying confidence. Otherwise, they wouldnt go to the extent of amending the Constitution repeatedly, changing the election rules just to ensure that they get the sort of result they want in Parliament. Every measure that they take to stifle the oppositions growth and every law that they enact to hinder civil societys development I take as hopeful signs, ironically, that they are running scared.
AHRC: Ive read that Senior Minister Lee Kuan Yew is an adherent of Confucianism, which I understand holds that as long as the political ruler meets the socio-economic needs of the people they have the Mandate of Heaven to rule. Do you think that these beliefs guide the actions of Lee Kuan Yew and the PAP, that he and the party believe that they have the Mandate of Heaven to rule Singapore as long as they keep the city-state prosperous?
CHEE: I think he has adulterated and bastardised Confucian teachings. He selects things that he wants to see and then explains that this is Confucianism without taking into consideration that Confucianism also advocates that people have the right to remove the mandate and to air their grievances. I think its a very selective and self-serving argument, and its been debunked.
AHRC: Do you think he really believes in Confucianism, or is it a political strategy to justify his rule? Until recently, Singapores economy has been growing for several decades, and the city is prosperous. Do you think he believes he has done a good job and that people should be happy to have him as a ruler?
CHEE: My suspicion is that he is too smart to believe in any one particular ideology. Anything that serves his purpose of maintaining his grip hell use.
AHRC: Do the people of Singapore also share Lees Confucian outlook?
CHEE: After 30 or 40 years of just listening to one radio and TV station and reading one viewpoint from the government-controlled newspapers, it is difficult. You have to have been in Singapore and have gone through this whole experience to understand how difficult it is for people to think otherwise. A lot of people know something is amiss, but what is the other side of the story? How do you begin to even question and find the right answers? If its not Confucianism, then what is it? The answers are certainly not coming from the daily read in the media. The exhortations are to continue to work harder and harder, and it doesnt afford you any time to really begin to think about these issues. Where are we going? What is the government saying? Are we on the right track? These questions are not getting into the psyche of Singaporeans.
AHRC: Turning now to your new book, Your Future, My Faith, Our Freedom: A Democratic Blueprint for Singapore, you state that, without democracy, stability is just an illusion. How is this true for Singapore?
CHEE: One very good case is what is happening with the Malay community and the headscarf issue. No one knew this was a problem until these four parents decided to continue sending their children to school. This opened up a whole new can of worms in the sense that, when you dont have open debate, when issues are not open for discussion and everything continues to be oppressed and debate continues to be defined by the government, then how do you begin to gauge the kind of sentiment the population is experiencing at the time. If the absence of dissent and unrest are a sign of stability, then Id say that North Korea is one of the worlds most stable societies. You also had that situation in Indonesia during Suhartos days, or years, of seeming stability. However, when you dont have a system that affords society a peaceful transition of power, ultimately, when the economy unravels, society will split at the seams. Political, social and economic strife does not come from dissent and debate; it comes from consent and conformity.
AHRC: What do you think is needed to break the stranglehold that the PAP has on political power in Singapore? Who are the potential political actors and forces in society that could bring about change?
CHEE: Singapore, being in the situation that it is, being small and having to plug itself into the world I think the international community can play a tremendous role. Of course, change will have to come from within, but the activists that are doing what they are doing in Singapore right now need to know that they are not alone, that there are people in the world that actually are concerned about the situation in Singapore, that their views matter. Its important that the international community speaks up and puts pressure on the Singapore government and lets them know that, even if we were to be absolutely pragmatic and hard-nosed about it, openness, transparency, accountability, a.k.a. democracy, makes good economic sense. If you look at what happened to Asia, and Indonesia in particular, during the Asian economic crisis, we should be learning a lesson from it.


Vintage: 2012 A light gold Meursault with a typical nose for its appellation.
Vintage: 2012 Clear pale yellow in colour with a fresh nose combining floral and mineral notes.
Vintage: 2016 A beautiful pale gold colour with green highlights.
Vintage: 2016 The Paul Mas La forge White appears very bright with green tints, followed by a spectrum of tropical fruits.


text:
Remembering La Penca, 35 years later
Costa Rica announces drop in murders, increase in gun seizures
More than 500 arrests made in raid against arms trafficking in eight Latin American countries
Costa Rica sentences four members of Mexican jewelry thief gang 'Los Mazos' to prison
United States sending Costa Rica $40.7 million to fight narcotrafficking and crime
Mexico hunts drug kingpin, probes prison guards
Laurent Thomet | AFP July 13, 2015 July 13, 2015
The house at the end of the tunnel through which Mexican drug lord Joaquin "El Chapo" Guzman could have escaped from the Altiplano prison, in Almoloya de Juárez, México, on July 12, 2015. (Yuri Cortéz/AFP)
MEXICO CITY, Mexico — Mexican security forces scrambled Monday to save face and recapture drug kingpin Joaquín "El Chapo" Guzmán as authorities investigated whether guards helped him escape prison through a tunnel under his cell.
For the second time in 14 years the head of the powerful Sinaloa drug cartel managed to flee a maximum-security prison, dealing an embarrassing setback to President Enrique Peña Nieto.
Troops and police were deployed to hunt down Guzmán after he vanished late Saturday from the Altiplano prison 90 kilometers (55 miles) west of Mexico City, after just 17 months behind bars.
Prosecutors questioned 30 prison employees of various rank, including the warden, the attorney general's office said, signaling suspicions of an inside job.
The guards in charge of the capo's cell and those who monitored the surveillance cameras that look into the room were among those interrogated, an official in the attorney general's office said.
Authorities had already investigated a strange prison visit to Guzmán in March when a woman managed to see him by using a fake ID to enter the jail.
On a state visit to Paris, Peña Nieto said Guzmán's escape was "an affront to the state" and demanded an investigation into whether prison guards helped him.
Guzmán, 58, who nurtured a Robin Hood image in his northwestern state of Sinaloa while running the most powerful and one of the most ruthless cartels in Mexico, was able to slip out even though surveillance cameras were trained on his cell.
He went into his private shower and after he failed to come out guards found a hole 10 meters (33 feet) deep with a ladder in it.
The gap led to a 1.5-kilometer tunnel with a ventilation and light system that was apparently dug with the help of a motorcycle mounted on a rail to transport tools and remove earth.
The sophisticated tunnel led to a gray brick building on a hill surrounded by pastures in central Mexico State.
Prosecutors released a video showing the hole inside the building's dirt-covered floor. A bed and kitchen were in the facility, indicating that people had lived there.
Against the clock
As investigators tried to figure out how Guzmán busted out again, police and troops manned checkpoints and searched cars and trucks on nearby roads.
Mike Vigil, a retired U.S. Drug Enforcement Administration (DEA) international operations chief, warned that if Guzmán is not captured in the next day or so he will vanish for good.
"If he is able to make his way to Sinaloa, his native state, and gets into that mountainous range, it's going to be very difficult to capture him because he enjoys the protection of local villagers," Vigil told AFP.
Recommended: How do 'El Chapo' Guzmán's kids live? Follow them on Twitter
Several states, including Sinaloa, set up checkpoints. Central Puebla state said it was using X-ray technology at toll booths to see through cars.
Troops in Guatemala launched a special operation at the border with Mexico. It was in that country that Guzmán was first arrested in 1993.
Guzmán's first escape was in 2001, when he slipped past authorities by hiding in a laundry cart in western Jalisco state.
Marines recaptured him in February 2014 in a pre-dawn raid in a condo in Mazatlán, a Pacific resort in Sinaloa state, with the DEA's help.
He was then jailed at Altiplano, which houses several other infamous drug capos captured during Peña Nieto's administration.
Peña Nieto setback
Guzmán's second escape overshadowed Peña Nieto's visit to France.
The government has won praise for capturing a slew of kingpins and Guzmán, a diminutive but feared man whose nickname means "Shorty," was the president's biggest trophy.
U.S. Attorney General Loretta Lynch said she shared Mexico's "concern" and offered help for his "swift recapture."
Some U.S. prosecutors wanted to ask for his extradition following last year's arrest, but Mexican officials insisted on trying him first.
"This leads to a big problem with the U.S. government because they asked (for an extradition) and the Mexican government did not deliver him, claiming that he could be held in one of the country's maximum-security prisons," said Raúl Benítez Manaut, security expert at the National Autonomous University of Mexico.
How do 'El Chapo' Guzmán's kids live? Follow them on Twitter
World's top drug trafficker, 'El Chapo' Guzmán arrested in Mexico
Adiós, El Chapo
Mexico captures fugitive drug lord 'El Chapo' Guzmán, says President Peña Nieto
Joaquín "El Chapo" GuzmánMexico cartels
US ambassador to Costa Rica talks marijuana legalization, trade
Women's World Cup winners get cover girl treatment


text:
14 Jul 2019 Sun
Ana Sayfa > World > America > AnsaldoBreda will Supply Railway Car for Los Angeles
AnsaldoBreda will Supply Railway Car for Los Angeles
USDOT Funds Los Angeles Transit Corridor Project
The Los Angeles County Metropolitan Transportation Authority in the US has agreed to award a $300m contract to Italian firm AnsaldoBreda to build 100 additional rail cars.
The new order is based on an option in the earlier deal to supply 50 light rail vehicles. This comes in spite of opposition from within the transport agency citing the Italian firm's under-performance in a earlier contract, in which locomotives were delivered late and were too heavy to be used on all light rail routes.
AnsaldoBreda offered a $75m irrevocable letter of credit in addition to s $300m performance bond while bidding for the contract.
The deal also requires the Italian firm, a Finmeccanica subsidiary, to build a manufacturing facility in the city.
ansaldobreda offer news los angeles ansaldo breda metro cars los angeles railway news


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IPA - Archive - pres. of the disc "As long as there is health" > Photo set 895436: Archive - pres. of the disc "As long as there is health"
16-02-2007: Archive - pres. of the disc "As long as there is health"
titleArchive - pres. of the disc "As long as there is health"


"My favorite adult moment was when Melissa leo let the F-bomb rip. I went up to her and said 'you just set the tone for the show and gave us material forever'." — Oscar co-host Anne Hathaway, on the red carpet at the Governor's Ball.
"I like going to bed after it's over. It's so stressful." — Elton John, at his 19th annual AIDS Foundation dinner.
"I thought they were fantastic. They were so relaxed." — Hugh Jackman, about award hosts James Franco and Anne Hathaway.
"The baby was definitely kicking a lot during the song portion of the show. A little dancer." — best actress winner Natalie Portman, backstage pressroom.
"I want to thank my wonderful actors, the triangle of man love — Colin Firth, Geoffrey Rush and me. And Helena, I hope that doesn't make you too jealous." — Tom Hooper, upon winning best director.
"I have a feeling my career's just peaked." — Colin Firth, upon winning best actor.
"In a room of talented, inspirational people, what the hell am I doing here next to you?" — Christian Bale, winner of the Oscar for best supporting actor.
"It's made me a better person. I'm more patient, more accommodating." — Sandra Bullock, speaking about motherhood, on the Oscar red carpet.
"I never expected this after 48 years of acting ... I can't believe it." — Jacki Weaver, nominee for best supporting actress for "Animal Kingdom," on the red carpet.


Cold weather is moving in quickly. Although I'm sad to see the summer temps retreating, I'm welcoming the comfy clothing that fall fashion brings with open arms. This cape, or "cape wrap", as I like to call it, is one of those items I'm sure will spend lots of time out of the closet this fall and winter. It couldn't be more comfortable and can easily be layered over a sweater when it starts getting really chilly out.
More good news - flare jeans are officially back IN! Not that they ever went out of style in my book. I've held onto these Free People ones for the past few years and I'm gladly wearing them again. I've linked lots of new flares below, along with my choice of the best cape's this season has to offer.
I hope everyone has had a wonderful week so far! Moving is hard work, but we're loving every minute of our new place.
Nov 5 The Perfect Plaid.


Note: you only need to use arch='*-src' to publish implementations for things that need to be compiled. Shell scripts, etc should not be marked as source code; use arch="*-*" instead (which is the default anyway if arch is not given). For header files (-dev packages), there will often be a source implementation that generates the header files, but the resulting headers are not source (and will often be architecture-specific, e.g. "Linux-i386").
2013-04-03: starting with 0compile 1.1, this even works on Windows (it uses win-bash).
Some programs insist on creating files in their source directory, which is typically a read-only directory when using Zero Install. In this case, set compile:dup-src='true' and 0compile will copy everything in $SRCDIR into 'build' before building.


For the past few days, it has been raining continuously . It's pretty relaxing to see the rain drops while having my thoughts wandering around… As if to see my thoughts dancing around with the rain drops, cleansing them during the process. I just have that sensation of realization at some point for different things, however it is as seems that I had the answers without knowing how I reach to that conclusion.
In other news, I don't think I'll be expecting an eventful day today as I'm spending time at home working on assignments (if procrastination doesn't kicks in, that is).


text:
Pablo Morán Santamaria (La Habana 11 de enero de 1927 – Gijón, 25 de noviembre de 1995 ) fue un  ajedrecista, periodista y escritor español, nacido en La Habana, Cuba hijo de padres españoles. Su vida y carrera se desarrollaron principalmente en Gijón. Es más conocido como autor de libros de ajedrez en los que abordó diferentes temas históricos y biográficos relacionados con el juego ciencia.

Como ajedrecista alcanzó el título de Maestro Nacional. Fue campeón de Asturias y varias veces finalista en los campeonatos nacionales de ajedrez de España individuales y por equipos. También practicó el ajedrez por correspondencia. Fue presidente de la Federación Asturiana de Ajedrez.

Como periodista trabajó en los diarios Voluntad de Gijón,  La Nueva España de Oviedo, Ya de Madrid y en la agencia EFE. Allí se ocupó de diversos temas además de los ajedrecísticos. Tuvo a su cargo la sección de ajedrez en el diario El País.  También publicó sus artículos y estudios en varias revistas especializadas en ajedrez.

Como autor, entre sus obras más conocidas se encuentra Agonía de un genio, dedicado a reseñar los últimos años del campeón mundial de ajedrez el ruso Alexander Alekhine (1892-1946). El libro fue traducido al inglés y publicado por la prestigiosa editorial especializada McFarland & Co.

Principales Obras

 Kasparov,   Editorial Fundamentos.
 Agonía de un genio, Ricardo Aguilera Editorial. Traducción al inglés: Alexander Alekhine,  McFarland & Co Inc. ISBN: 978-0-7864-5981-0
 Los niños prodigio del ajedrez, Martínez Roca Ediciones.
 Bobby Fischer, Martínez Roca Ediciones.
Campeones y campeonatos de España. Ricardo Aguilera Editorial
La Carrera Ajedrecistica de Anatoly Karpov. Ricardo Aguilera Editorial

Notas

Ajedrecistas de España
Deportistas de Gijón
Escritores de ajedrez
Españoles del siglo XX
Nacidos en La Habana
Fallecidos en Gijón

redpajama_set_name: RedPajamaWikipedia


Samsung is currently sweetening the deal for a Galaxy S9 or Galaxy S9 Plus a bit more. In addition to getting a pretty insane smartphone, you are also getting two 1-year memberships to MoviePass, which is a value of around $251. That's a really good offer for the Galaxy S9 or Galaxy S9 Plus, especially if you were already looking to pick one up.
The Galaxy S9 and Galaxy S9 Plus are Samsung's latest smartphones and offer up some great specs. Including Quad HD+ displays, the Snapdragon 845 chipset with either 4GB or 6GB of RAM and 64GB of storage. They also sport the latest and greatest cameras from Samsung, with the Galaxy S9 Plus sporting two cameras on the back. Both also sport Android Oreo, which is the latest version of Android right now. Now with MoviePass, you'll be able to watch a new movie every single day of the month. There's no blackouts, and about 90-percent of the theaters in the US support MoviePass. So it's a great way to watch plenty of movies without paying the high prices of movie theaters. MoviePass typically costs $9.95 a month, which is already a pretty good price for what you're getting, but getting two free years of MoviePass is definitely better.
The way this deal works is, you purchase the Galaxy S9 or Galaxy S9 Plus from Samsung's website, using the link below. Once you make your purchase, you will need to wait until the code comes into your email. That should take up to 14 days (it'll likely come much sooner). From there, you'll be able to apply the discount code and get your free two 1-year memberships to MoviePass. It's just that simple. Now the reason that it takes up to 14 days to arrive is because Samsung wants to make sure you don't return the device during the return period and get the two MoviePass memberships for free.


There are a lot of programs and applications that you should not install on your PC. PriveteMacDeal is one of them. It is an adware program that generates commercial advertisements when you access popular web stores. For the most part, these commercial ads are simply annoying, but in the worst case, it may lead to serious computer security problems and even personal data leaks. Therefore, the sooner you remove PriveteMacDeal from your computer, the better. If you do not remove it on time, you might face dangerous consequences.
PriveteMacDeal is based on Justplugit engine. It has an official homepage at privetemacdeal.info and, surprisingly, the direct download link does work. What is more, this application is also often distributed through third-party installers such as Vittalia, Amonetize and Installrex. Judging from these features, we could say that PriveteMacDeal is very similar to QueenCoupon, RocketCoupon, RoyalShopperApp and a number of other adware programs from the same group. However, there is something completely different about PriveteMacDeal – this application targets Apple Mac computers.
During the installation, it downloads a .dmg file for Macintosh Disk Image. When the installation is complete, PriveteMacDeal will start displaying commercial pop-ups on Safari web browser. Web banners, random pop-ups and coupons will appear on your screen when you browse Amazon, Target, eBay and similar popular shopping sites. The main problem with PriveteMacDeal is that it cannot be held responsible for a third-party content, so it cannot check whether all the commercial ads are safe or not.
You will notice that PriveteMacDeal ads are often related to your likes and preferences. That is so because this application can collect data on your web browsing habits and then generate ads based on the gathered information. This way PriveteMacDeal increases the chance of you clicking its ads, but as it has been mentioned above, that would not be a good idea. Even if you do land on a new shopping website after having click some ad, make sure that website is safe and reliable before you place an order.
PriveteMacDeal might be used by fake websites to lure unsuspecting users. If you hastily fill out a purchase form, you might inadvertently reveal your personal information to malevolent third parties. Consequently, you could experience a personal data theft or even some money loss. It is plain to see that there is no use trying to utilize PriveteMacDeal. Simply follow the instructions below and uninstall PriveteMacDeal from your browser. For any further questions, feel free to leave us a comment.
Click the Safari menu button.
Select Preferences and open Extension tab.
Quick & tested solution for PriveteMacDeal removal.


text:
Food and Drink Features
Top of the class - News from schools and colleges across the county
PUBLISHED: 16:49 18 April 2011 | UPDATED: 19:12 20 February 2013
Rookwood School was delighted to welcome back a former pupil...
Rookwood School was delighted to welcome back a former pupil,Salesian College secured their first success in the County Cup for football since 1985 and Football fever at Alton Convent. Read on to find out more. . .
Success for Salesian - Salesian College secured their first success in the County Cup for football since 1985...
Returning to Rookwood
Rookwood School was delighted to welcome back former pupil Alan Lovell recently, better known to many as the High Sheriff of Hampshire. Mr Lovell, whose family hail from the Andover area, attended Rookwood from 1958-1960, just after the school had moved to its current eight-acre site on Weyhill Road. He recollects his early years at Rookwood with very fond memories and as an excellent start for the impressive career that was soon to follow. Pupils were intrigued by the ceremonial costume that accompanies the ancient position of High Sheriff, including a Georgian velvet coat and britches, a ceremonial sword and a lace jabot originally worn by Mr Lovells father-in-law, Bernard Weatherill, when he was Speaker of the House of Commons.
Headmistress, Louise Whetstone, commented, We are very proud of all our former pupils. Its always lovely to welcome them back to Rookwood.
Success for Salesian
Salesian College secured their first success in the County Cup for football since 1985 with a hard fought success over Kings, Winchester at Aldershot Football Club. The game started with Salesian under huge pressure from Kings and only two fine saves from Salesian keeper Ryan Simmons prevented Kings taking the lead. Michael Gregory was like a rock at the back for Salesian and gradually his performance lifted the team and Salesian started to get into the game. With strong performances from Callum Chiplin and Benjamin Rosoman, with Rosoman going close twice to opening the scoring Salesian began to grow in confidence. As the first half drew to a close it needed some excellent blocks and last ditch tackles from Salesian captain David Richardson and Domenico Iorio at the back to maintain the Salesian lead. With time running out Kings attempted to score the goal needed to take the game into extra-time, but Salesian repelled them and held on for victory.
Football fever at Alton Convent
Jamie Simmons, Ben Phillips, James Lester and James Boyson from Alton Convent have all gained selection into the Surrey Independent Schools U11 elite football squad. The highlight for the boys will be the tour to northern Europe and Denmark in July. It has been a great achievement for the boys who are all part of ACS U11 football team. The ACS team has had a very successful year, coming third in the Wessex League of Independent Schools, only dropping three points in the whole season. More recently Alton achieved runners up in the St Edmunds Schools 6-a-side tournament missing out from being winners by a goal difference. A special mention goes to Jamie Simmons as team captain who scored more than ten goals this year, not bad for a midfielder!
A local's guide to Farnborough
10 of the best afternoon teas in Hampshire
Chris Packham on his love for the New Forest
10 of the best pubs to visit in Hampshire
20 of the best wedding venues in Hampshire
Latest from the Hampshire
5 of the best January walks in Hampshire
10 things you didn't know about Hursley
Southampton City Art Gallery at 80


As a forum for writing-center practitioners, Praxis welcomes articles from writing-center consultants, administrators, and others concerned with issues related to writing-center training, consulting, labor, administration, and initiatives.
The editorial board of Praxis seeks writing-center related articles from across the disciplines. The review board welcomes submissions three times a year for our Fall (August 15th deadline), Spring (January 15th deadline), and Summer (May 15th deadline) review cycles. Reviewers judge submissions according to whether they make a unique contribution to writing center studies and are written in a clear, accessible style. Reviewers are recruited based on their significant contributions to writing center practice and scholarship. All reviews are blind - both authors and reviewers remain anonymous. Authors can expect review decisions by early November (for Fall cycles), mid-March (for Spring cycles), and early August (for Summer cycles).
Permission for electronic dissemination of Praxis is granted.
For all other uses of Praxis, advance written notice is required.
Our blog, Axis, exists to give writing center practitioners a space to consider ideas and experience in a thoughtful but more informal medium and tone than publications in our three yearly Praxis issues. Axis is not peer reviewed. We strive to represent a diversity of opinions and positions, in this space. As such, please note that all opinions and positions expressed in Axis blog posts are the opinions of the posts' author(s), and do not represent the views of Praxis, itself, the University of Texas, the University Writing Center, our editors, or our editorial board.


text:
@interface DOMNode (TumblKitAdditions)
- (DOMNode *)tk_nodeForXPath:(NSString *)xpath;
- (NSArray *)tk_nodesForXPath:(NSString *)xpath;
- (DOMHTMLElement *)tk_elementForXPath:(NSString *)xpath;
- (NSArray *)tk_elementsForXPath:(NSString *)xpath;
@end

redpajama_set_name: RedPajamaGithub


ANSAN, South Korea (REUTERS) - South Korea's Puretech, a small supplier of mobile phone components, has a workforce increasingly made up of ageing baby boomers.
The company in Ansan, an industrial city near Seoul, finds older workers useful in marketing, advisory roles, and in quality control.
The work scene is a reflection of the demographics of South Korea, which like Japan, is rapidly aging.
South Korea's legion of older workers has helped keep the jobless rate low but has exacerbated record low employment among the young - less than half of those aged 15 to 29 have jobs.
It is also a cause of the decade-long stagnation in wage growth, dampening consumption.
Kim Yeon-soon, 55, joined the company last year and leads a dozen workers who manually check final components bound for tech firms such as Samsung Electronics.
She retrained for production work after various jobs, including social work.
"This is a new type of work, but I thought working at a different job would be fun and I am now enjoying the work."
Given high household debt and a poor welfare system, older employees such as Kim are willing to adapt to keep working.
"Elderly people are so aggressive and desperate in seeking employment after losing jobs that they are willing to take low-wage jobs even at factories that young people avoid," said Park Chang-in, head of the Korea Labour Foundation's job transfer service team.
As wages stagnate, households spend less. Consumption is lagging overall growth despite government efforts to ease the US$1.4 trillion (S$1.9 trillion) economy's reliance on exports.
Household spending as a percentage of gross domestic product has been declining since 2006, though domestic consumption has increasingly fuelled neighbouring economies.
South Korea has added more than three million jobs in the past 10 years, keeping unemployment at an average of 3.5 per cent for the decade through 2013, lowest among Organisation for Economic Co-operation and Development (OECD) countries and less than half the 7.1 per cent OECD average.
However, real wage growth averages less than 1 per cent a year over the past decade even as the economy averaged brisk 3.7 per cent growth after adjusting for inflation.
"Strong employment growth used to be a result of strong economic growth but in recent years, job growth has been led by a strong supply of labour, especially of the elderly," said Kang Joong-koo, an economist at LG Economic Research Institute.
The trend is deepening, with wage growth falling to a real 0.6 per cent last year from 2.5 per cent in 2013 and the employment rate of those aged 50 or older rising to 55.5 per cent from 54.8 per cent.
At the same time, the employment rate for those aged 15 to 29 fell to 41 per cent in 2014 from 45 per cent a decade ago as more young people opted to stay in school for longer or gave up looking for jobs.
A recent OECD report showed South Korean men stop working at an average age of 71.1, the oldest after Mexico among the organisation's 34 member countries and more than 10 years later than the country's official retirement age - meaning many older people are actively in the job market.
South Korea is the fastest ageing country among the world's major economies and expects its working-age population to start shrinking in 2017.
Last year, the Korea Labour Foundation helped about 15,600 mostly elderly people find new jobs after losing their previous jobs, well past its target of 11,000.
"Well-paying jobs that elderly people used to occupy are getting scarcer and elderly people are accepting positions even for very low wages," said Park Jong-kyu, an economist at the Korea Institute of Finance, calling this a"growth-without-wages" pattern.
While companies such as Samsung Electronics and Hyundai Motor helped turn South Korea into an industrial powerhouse, they now create more jobs in lower-wage countries than at home.
Samsung Electronics froze domestic wages this year after profits fell in 2014.
The flipside of low wage growth is that companies such as Puretech can glean the benefits of cheap labour for now.
"It's beneficial to both the workers and the company as they can remain in their careers while we were able to hire experienced staff at relatively low cost," said Puretech managing director Chen Jung-pil.


Born in London, John Thomas Serres was the eldest son of Dominic Serres, R.A., a Gascon who had come to England as a naval prisoner of war around 1750, and who subsequently became a founder member of the Royal Academy and one of the most successful marine artists of Georgian times. J.T. Serres, training under his father, first exhibited at the R.A. in 1776; he became 'Marine Painter to H.R.H. the Duke of Clarence', the most nautical of George III's sons. In 1793 he succeeded his father as 'Marine Painter to H.M. the King'. To Serres' list of distinguished offices was added in 1800 that of 'Marine Draughtsman to the Hon. Board of the Admiralty'; this was an unusually valuable appointment, both for artist and patron alike, for Serres excelled at elevation drawings of harbours, fortifications and landmarks all along the coasts of France, Spain and the Mediterranean. At the end of the Napoleonic Wars Serres still enjoyed both Royal and Admiralty patronage, and in his excellent book on Domonic Serres (2001, Antique Collectors Club), Alan Russet has devoted considerable space to the son's achievements, in particular his influential Liber Nauticus.
Nonetheless, in spite of his renown as a marine painter, there is little doubt that J.T.Serres set out upon his career with the intention of becoming a specialist landscape painter. Nearly all his exhibited subjects were of inland scenery, and had he kept to this he would surely have ranked with Ibbetson as a master of the English landscape on the eve of the Industrial Revolution.
Signature: Signed and dated 1776, inscribed verso 'Bonend, Bucks'.


text:
PS3, PS Vita No Longer Support Credit Cards, PayPal After October
The entire shuttering of digital storefront fiasco on older PlayStation consoles has been something of a talking point this year....
Report: PS3, PSP and PSVita Digital Store Fronts are Closing up Shop this Summer
PS3, PSP, and PSVita Digital Store Fronts are set to permanently close in the next few months this summer, according...
Sony Announces PS3, PS Vita Stores Will Continue to Operate
It's been a rollercoaster few weeks for Sony and owners of a PlayStation 3 or PlayStation Vita. After rumours swirled...
December Marks 25 Years of PlayStation
Tomorrow is December 3, which is also the date the original PlayStation launched in Japan. Sony confirmed that due to...
Sony Stealthily Snaps the PS3, PSP and PSVita Web-Based PlayStation Store Out of Existence
UPDATE: Sony Interactive Entertainment will close the PlayStation Store on PlayStation 3 on July 2 and PS Vita on August...
SOMA And Onrush Are Your Free PlayStation Plus Games
December is just a few short days away and once again that a new month means more free video games....


text:
Report: Cons, Convicts and Government Contractors
by Christina Jewett
March 4, 2009, 2:43 p.m. EST
As President Barack Obama today puts out a strong call for reform in government contracting, it's worth taking a look back at last week's congressional hearing, artfully titled "How Convicts and Con Artists Receive New Federal Contracts."
Last week's hearing was based on the findings of a report issued last week by the Government Accountability Office. It focused on instances when federal contracting officials gave contracts to businesses that were supposed to be shunned after committing fraud or performing shoddy work.
One example leaps off the page: In July 2005 the Army decided it would no longer do business with a German contractor that sold "potential nuclear bomb-making materials" to North Korea. Yet according to the GAO report, the Army still awarded the company $4 million worth of business in 2006. (See page 15.) The Army responded that it was legally required to make the contract, an assertion the GAO questions.
Another example: The Navy decided to stop awarding contracts to a company after an employee sabotaged repairs on an aircraft carrier. The faulty repairs could have sparked a blaze, the report suggests. But a month after it moved to shun the company, the Navy awarded the company three new contracts. This error was chalked up to a contracting officer forgetting to check the list of excluded companies.
During the hearing, Congressman Edolphus Towns (D-NY), chairman of the House oversight committee, blasted the mistakes highlighted in the report.
"This begs the question: What is the point of having suspension and debarment regulations if our own agencies disregard them?" Towns implored.
The report notes that many of the contracts were mistakenly awarded after officials failed to check the "excluded contractor" list, as in the Navy case above. Other errors cropped up after contractors changed names and put businesses under the purview of relatives. Still, the report found that mistakes could have been prevented by more detailed and searchable databases and more timely entry of key information.
In response, a top acquisition official who testified at the hearing noted that of 70 million contracts awarded during the time that the GAO examined, his agency's error count of 15 was "extremely low."
"But we strive to do better," David Drabkin, acting acquisition officer for the General Services Administration, said during his testimony.
Obama is chiefly calling on officials to whittle down the half-trillion that the government spends to outsource work – a number that doubled over the last eight years. But he is also echoing Towns, asking for more accountability.
Christina Jewett
Christina Jewett was a reporter at ProPublica. Her reporting on criminal justice has been honored with awards from the John Jay College of Criminal Justice and the National Commission on Crime and Delinquency.