text:
368 F.3d 1309
MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee,
Ronald HENDERSON, Phyllis Henderson, Defendants-Counter-Claimants-Appellants,
Myron Anderson, et al., Defendants.
No. 03-13046.
United States Court of Appeals, Eleventh Circuit.
May 5, 2004.
Anne Stone Sumblin, Kinston, AL, for Ronald Henderson.
Clyde C. Owen, Jr., Ball, Ball, Matthews & Novak, P.A., Montgomery, AL, for Mut. Serv. Cas. Ins. Co.
Appeal from the United States District Court for the Middle District of Alabama.
Before MARCUS and WILSON, Circuit Judges, and LIMBAUGH*, District Judge.
WILSON, Circuit Judge:
Ronald and Phyllis Henderson ("the Hendersons") appeal the district court's summary judgment order dismissing their bad faith claim against Mutual Service Casualty Insurance Company ("MSC"). They also appeal the court's denial of their motion for judgment as a matter of law on their breach of contract claim.
While we find no error with respect to the Hendersons's "normal" bad faith claim, the district court erred in dismissing the Henderson's "abnormal" bad faith claim. Thus, we reverse the district court's summary judgment ruling on bad faith and remand for further proceedings. Furthermore, we affirm the district court's denial of the Hendersons' motion for judgment as a matter of law on their breach of contract claim. Even if there was error, it was harmless because the Hendersons eventually won a jury verdict on their breach of contract claim.
The Hendersons live in rural Alabama, on approximately forty acres of land. In 1998, the Hendersons made plans to enter into the poultry-farming business and began construction of two poultry houses in late 1998 or early 1999. On January 15, 1999, several of the Hendersons' neighbors (the "Neighbors"), having discovered the Hendersons' plans, brought suit in state court seeking equitable relief to prevent the Hendersons from constructing and operating the poultry-farming venture. The Neighbors alleged in their complaint that if the Hendersons operated a poultry farm, the Neighbors' property would be subject to noxious odors, excessive noise, increased rodent and insect populations, and waste runoff. The Hendersons answered, and there was no further action in the lawsuit for a year and a half.
In the meantime, the Hendersons finished construction of the poultry houses. The Hendersons took steps during the construction of the poultry houses to minimize the impact of the venture on their neighbors. The poultry houses were specially positioned, and the Hendersons planted and irrigated a line of trees along the property to reduce exposure. The Hendersons also state that their poultry operation was inspected by the Alabama Department of Environmental Management in March 1999, without adverse consequence, and they obtained a waste management plan for the venture from the Covington County Soil Conservation Office in May 1999. In August 1999, the Hendersons began operating the poultry farm, and they did not receive any further complaints from their neighbors until June 2000.
In April 2000, Chris Wilkes of the Pinckard Agency contacted Ronald Henderson to renew his farm insurance. At the time, the Hendersons had farm insurance with Fulcrum Insurance Company, and it was due to expire in May 2000. The Pinckard Agency is an independent insurance agency and initially purchased insurance for the Hendersons from Fulcrum. By April 2000, however, Pinckard had established a business relationship with Southern Select Insurance, which was a general agent for Keystate Agri-Business Insurance, which itself was a managing general agent for MSC.
After speaking with Mr. Henderson, Wilkes submitted a completed, but unsigned, MSC insurance application on behalf of the Hendersons to Southern Select, soliciting a quote for farm insurance. The application asked, "Has applicant or any member of the household ever been involved in litigation, whether or not covered by the insurance?" Wilkes checked "No." Wilkes said that, at the time, he did not know that the Hendersons were involved in the lawsuit with their Neighbors, nor did Wilkes ask Mr. Henderson about prior lawsuits during his meeting with him. Mr. Henderson claims, however, that when Wilkes visited him, he told Wilkes that his neighbors had complained about the poultry farm venture and had signed a "petition" against him. Mr. Henderson also claims they discussed the measures he had taken to minimize any chance of injury to his neighbors. Wilkes only remembers generally being told that "the neighbors weren't happy about the chicken house."
After Wilkes sent the unsigned application to Southern Select, the Pinckard Agency received a quote for the farm insurance to be provided by MSC. After receiving the quote, Wilkes brought the application to Mr. Henderson for him to sign. On the same page as the question regarding whether the applicant had ever been involved in a lawsuit, the following appears:
I have read the above application, and I declare that to the best of my knowledge and belief, all the foregoing statements are true, and that these statements are offered as an inducement to the company to issue the policy for which I am applying.
Henderson signed the application. He says that he did not read the above quoted language. He also claims that the application was not filled out when he signed it. Mr. Henderson only remembers signing a document on the hood of his truck when Wilkes brought it to him. He believed that Wilkes was going to answer the questions for him on his behalf. Wilkes alleges instead that the document was complete when Mr. Henderson signed it.
Wilkes sent the signed application to Southern Select, and in August 2000, MSC issued the Hendersons an insurance policy with an effective date of May 15, 2000.
In June 2000, the Neighbors amended their complaint against the Hendersons to state claims for actual damages akin to those anticipated in their original complaint. The amended complaint did not, however, state a date upon which the alleged damages or the event causing the alleged damages occurred.
In September 2000, Mr. Henderson spoke with Chris Wilkes regarding whether the Neighbors' suit was covered under the MSC policy. Wilkes wrote in a letter dated September 28, 2000, that the Neighbors' suit originally filed in January 1999 was "outside of the [Hendersons'] policy period" and that "no policy ... was in force at that time." Wilkes admittedly undertook no investigation of the claim other than comparing the date of the policy with the date the original anticipatory nuisance suit was filed.
On January 4, 2001, counsel for the Hendersons — unaware of the September 28, 2000 letter — wrote to the Pinckard Agency soliciting a response as to whether the MSC policy provided coverage. She enclosed a copy of the original and amended complaints from the Neighbors' suit against the Hendersons. The Hendersons' lawyer also faxed a copy of the letter to MSC. When no response followed, counsel for the Hendersons sent another letter to the Pinckard Agency on February 6, 2001, again faxing a copy of its letter to MSC.
In response, Steve Atwood, the Farm Department Manager at Keystate, wrote a letter to Greg Wilkes of the Pinckard Agency. In the letter, dated February 8, 2001, Atwood (1) stated that MSC had not received a formal notice of the claim, (2) referred Greg Wilkes to the pollution exclusion found in the Hendersons' policy, and (3) requested a written explanation as to how the misstatement about prior litigation in the application came about. Atwood also stated that, in his opinion, if a claim were submitted on this suit, the policy would provide no coverage.
The Hendersons' counsel responded in writing on February 22, 2001, stating the Hendersons' objections and requesting that Keystate reconsider its denial of coverage and retain Alabama counsel to advise it of its duties under the policy. Keystate complied with the Hendersons' request and submitted the case to outside counsel for review.
On April 19, 2001, Mimi Anderson, a claims administrator for Keystate, responded to the Hendersons' request for reconsideration, stating that outside counsel confirmed their conclusion that coverage for the Neighbors' case was not available to the Hendersons. Anderson's letter based the denial of coverage on (1) the "known loss" rule, (2) the fact that the claims asserted by the Hendersons' neighbors did not qualify as an "occurrence" under the policy, and (3) the misstatement about involvement in prior litigation in the application. The letter further stated that MSC did not rely on the pollution exclusion or the lack of formal notice of the claim in denying coverage, as was earlier indicated by Atwood in his February 8, 2001 letter. Anderson also informed the Hendersons that MSC would file a declaratory judgment action.
In April 2001, MSC filed suit in federal court against the Hendersons seeking (1) declaratory judgment that it had no duty to defend or pay any judgment against the Hendersons for their suit with the Neighbors, and (2) rescission of the policy.1 The Hendersons asserted two counterclaims against MSC claiming breach of contract and bad faith. MSC filed a motion for summary judgment. The district court granted MSC's motion for summary judgment only in regard to the Hendersons' bad faith claim.
The case proceeded to trial. At trial, the Hendersons moved for judgment as a matter of law on their breach of contract claim. The court denied the motion. The jury returned a verdict in favor of the Hendersons and awarded them $10,800 in damages for their breach of contract claim.
The Hendersons appeal, alleging the district court erred by (1) granting MSC's summary judgment motion with regard to the Hendersons' claim of bad faith, and (2) denying their motion for a judgment as a matter of law at trial.
I. Standard of Review
We review the district court's grant of summary judgment de novo, applying the same standards as the district court. Nat'l Fire Ins. Co. of Hartford v. Fortune Constr., 320 F.3d 1260, 1267 (11th Cir. 2003). A motion for summary judgment should be granted when there is no issue as to any material fact and the moving party is entitled to judgment as a matter of law. FED.R.CIV.P. 56(c). We review the evidence and all reasonable inferences in the light most favorable to the non-moving party. Nat'l Fire Ins., 320 F.3d at 1267.
Motions for judgment as a matter of law are also subject to de novo review. Ross v. Rhodes Furniture, Inc., 146 F.3d 1286, 1289 (11th Cir.1998).
II. Bad Faith
Under Alabama law, there are two methods by which a party can establish a bad faith refusal to pay an insurance claim. Employees' Benefit Assoc. v. Grissett, 732 So.2d 968, 976 (Ala.1998). An insurance company may be liable for either "normal" bad faith or "abnormal" bad faith. State Farm Fire & Casualty Co. v. Slade, 747 So.2d 293, 306 (Ala.1999). We address each theory in turn.
A. "Normal" Bad Faith
A party alleging that an insurance company committed "normal" bad faith has the burden of proving: (1) a breach of the insurance contract; (2) an intentional refusal to pay the insured's claim; (3) the absence of any reasonably legitimate or arguable reason for that refusal; and (4) the insurer's actual knowledge of the absence of any legitimate or arguable reason. Grissett, 732 So.2d at 976. "Normal" bad faith claims are often referred to as "directed verdict on the contract claim[s]," Blackburn v. Fid. and Deposit Co. of Maryland, 667 So.2d 661, 668 (Ala.1995), because a plaintiff must show that he is entitled to a directed verdict on the breach of contract claim in order to have his bad faith claim submitted to a jury. Grissett, 732 So.2d at 976; Nat'l Sav. Life Ins. Co. v. Dutton, 419 So.2d 1357, 1362 (Ala.1982). Thus, we review whether there was a "legally sufficient evidentiary basis" for a reasonable jury to find for MSC on the breach of contract claim. ALA. R. CIV. P. 50(a); see also Dutton, 419 So.2d at 1362 ("Ordinarily, if the evidence produced by either side creates a fact issue with regard to the validity of the claim and, thus, the legitimacy of the denial thereof, the [`normal' bad faith] claim must fail and should not be submitted to the jury.").
While the jury returned a verdict in favor of the Hendersons on the breach of contract claim, we find that evidence was presented that would have allowed a reasonable jury to conclude that the Neighbors' lawsuit was not covered by the MSC policy. The Hendersons' MSC insurance policy states that MSC will cover any "property damage" caused by an occurrence." An "occurrence" is defined in the policy as an "accident ... that results in ... property damage during the policy period." The damage claims set out in the Neighbors' amended complaint arguably do not constitute an "accident." The Hendersons began operating the poultry venture and allegedly damaged their neighbors' property prior to applying for coverage with MSC and in spite of their knowledge of their neighbors' objections. The Hendersons arguably did not commit an "accident," but rather purposefully accepted the foreseen consequences of operating their poultry farm. The district court was correct in holding that the Hendersons were not entitled to a directed verdict on the breach of contract claim, and thus were precluded from bringing their "normal" bad faith claim before a jury.
The Hendersons argue in the alternative that even if there was uncertainty as to whether there was an "occurrence" or an "accident," MSC at least owed the Hendersons the duty to defend as a matter of law. See Aetna Cas. & Surety Co. v. Dow Chem. Co., 44 F.Supp.2d 847, 856 (E.D.Mich.1997). Yet, such a holding would clearly contravene Alabama law. Under Alabama law, "if there is any uncertainty as to whether the complaint alleges facts that would invoke the duty to defend, the insurer must investigate the facts surrounding the incident that gave rise to the complaint in order to determine whether it has a duty to defend the insured." Blackburn, 667 So.2d at 668 (emphasis added). Thus, MSC's uncertainty as to whether there was an "occurrence" or an "accident" did not create a duty to defend, but rather a duty to investigate. Id. The question of whether MSC properly investigated the claim is the subject of an "abnormal" bad faith inquiry rather than a "normal" bad faith inquiry. See Simmons v. Congress Life Ins. Co., 791 So.2d 371, 379 (Ala.2000).
The district court did not err in denying the Hendersons' "normal" bad faith claim. We now turn to consider the Hendersons' "abnormal" bad faith claim.
B. "Abnormal" Bad Faith
Under Alabama law, "[i]n order to recover under a theory of an abnormal case of bad faith failure to investigate an insurance claim, the insured must show (1) that the insurer failed to properly investigate the claim or to subject the results of the investigation to a cognitive evaluation and review and (2) that the insurer breached the contract for insurance coverage with the insured when it refused to pay the insured's claim." Simmons, 791 So.2d at 379. There is no dispute with regard to the second element. With regard to the first element, the Hendersons argue that the district court erroneously concluded that there was no issue of material fact with respect to whether MSC properly investigated their claim before denying coverage. We agree.
An insurer is liable for "abnormal" bad faith when it intentionally or recklessly fails to conduct an adequate investigation of the facts and submit those facts to a thorough review. See Blackburn, 667 So.2d at 668. An insurer also has the responsibility to "marshal all of the pertinent facts with regard to its insured's claim" before denying coverage. See Nat'l Ins. Ass'n. v. Sockwell, 829 So.2d 111, 130 (Ala.2002). Unlike in "normal" bad faith claims, providing an arguable reason for denying an "abnormal" bad faith claim does not defeat that claim. See Slade, 747 So.2d at 315-16.2
As the district court noted, the difficulty with making a determination on whether MSC recklessly failed to investigate the Hendersons' claim before denying their claim is that there are factual questions regarding exactly when the denial of coverage occurred. A jury could conclude that any one of the three letters sent to the Hendersons served as a denial. Thus, for purposes of summary judgment, if there is an issue of material fact about whether MSC properly investigated the Hendersons' claim before any one of the letters was sent, then a summary judgment ruling dismissing the "abnormal" bad faith claim is erroneous. We find that, reviewing the evidence in the light most favorable to the Hendersons, that there are indeed issues of material fact regarding whether MSC properly investigated the claim before issuing two of the letters.3 We review each letter in turn.
(a) The September 2000 Letter
Like the district court, we assume that Chris Wilkes' September 28, 2000 letter functions as MSC's denial of coverage.4 In this letter, Wilkes denied the Hendersons' claim on the grounds that the Neighbors' lawsuit was filed in January 1999, and thus, was outside of the policy period. Wilkes admittedly undertook no investigation of the claim other than comparing the effective date of coverage (May 15, 2000) with the date the original anticipatory nuisance suit was filed (January 15, 1999).5
The deficiency in Wilkes' investigation becomes apparent when we consider the evidence Wilkes based his decision upon. Wilkes was given two complaints — the original nuisance complaint that was filed on January 15, 1999, and the amended complaint that was filed on June 20, 2000. The copy of the amended complaint that Wilkes examined, however, did not have a date on it. Thus, it was unclear to Wilkes whether the damages alleged in the amended complaint occurred before or after May 15, 2000, the effective date of coverage of the Hendersons' policy. Yet, despite this uncertainty, Wilkes conducted no further investigation. He did not call Mr. Henderson to ask him when the events alleged in the amended complaint occurred. He did not call the clerk of court to inquire when the amended complaint was filed. He did nothing but rely upon the date on the original complaint. Such an investigation is hardly one in which he fulfilled his duty to "marshal all of the pertinent facts with regard to [the] insured's claim" before denying coverage. Sockwell, 829 So.2d at 130. While Wilkes may not have intended to injure Mr. Henderson with this deficient investigation, he arguably investigated in a reckless manner by failing to adequately investigate the facts and submit those facts to a thorough review. See Blackburn, 667 So.2d at 668.
Reviewing the facts in a light most favorable to the Hendersons, MSC was not entitled to summary judgment on the "abnormal" bad faith claim because there are issues of material fact whether Wilkes' conducted an adequate investigation before denying the Hendersons' claim in September 2000.
(b) The February 2001 Letter
We next consider Atwood's letter of February 8, 2001, as MSC's denial of coverage. That letter, addressed to Greg Wilkes of the Pinckard Agency, (1) states that MSC has not received formal notice of the claim, (2) refers Greg Wilkes to the pollution exclusion found in the Hendersons' policy, and (3) requests a written explanation as to how the misstatement about prior litigation in the application came about.
Viewing the evidence in a light most favorable to the Hendersons, there again are issues of material fact regarding whether this letter was a result of an adequate investigation and whether Atwood fulfilled his duty to "marshal all of the pertinent facts with regard to [the Hendersons'] claim." Sockwell, 829 So.2d at 130. First, Atwood's reliance upon the complaint alone is not sufficient to conclude that the Hendersons' claim was not covered by MSC's policy because of the pollution exclusion. The complaint, on its face, refers to "rodents" and "vermin" causing damage, which clearly does not fall under the pollution exclusion clause that describes "acids" and "chemicals." Second, the record is clear that, prior to sending his letter, Atwood did not contact the Hendersons to inquire about their claim, the facts pertinent to the application of the pollution exclusion, or even the false information on the application. We find, therefore, genuine issues of material fact as to whether Atwood properly investigated the claim or subjected the results of his investigation to a cognitive evaluation and review before sending his letter. See Simmons, 791 So.2d at 379.
(c) April 2001 Letter
We finally consider Mimi Anderson's April 19, 2001 letter to the Hendersons' attorney. In Anderson's letter, MSC abandoned the two reasons given by Atwood for denying coverage.6 Rather, Anderson based the denial of coverage on (1) the "known loss" rule, (2) the fact that the claims asserted by the Hendersons' Neighbors did not qualify as an "occurrence" under the policy, and (3) the misstatement about involvement in prior litigation in the application. With regard to this letter, we agree with the district court that MSC properly investigated the Hendersons' claim before denying coverage.
Prior to writing her letter, Anderson submitted the Hendersons' claim to outside counsel for further investigation and review. She also reviewed all of the previously discussed information and correspondence. In particular, with regard to MSC's denial based on the misstatement about prior litigation in the application, Anderson conducted a proper investigation. Anderson, unlike Atwood, was able to consider the Hendersons' version of the facts regarding the misstatement in the application. The Hendersons' version of the facts regarding the misstatement was in their lawyer's letter of February 22, 2001, which Anderson was able to review. Anderson was under no further obligation to interview the Hendersons to again receive their version of the facts. We agree with the district court with regard to the April 2001 letter, and conclude that there is not an issue of material fact as to whether Anderson recklessly investigated the Hendersons' claim.7
(d) Conclusion Regarding "Abnormal" Bad Faith Claim
In summary, we agree with the district court that there are questions of fact regarding which letter effectively denied coverage. If the factfinder finds that the September 2000 letter from Chris Wilkes denied the Hendersons coverage, then there is an issue of material fact regarding whether MSC committed "abnormal" bad faith. Likewise, if the factfinder finds that the February 2001 letter from Steve Atwood denied the Hendersons coverage, then there is also an issue of material fact regarding whether MSC committed "abnormal" bad faith. However, if the factfinder finds that the April 2001 letter from Mimi Anderson denied the Hendersons coverage, and not the September 2000 letter or the February 2001 letter, then we agree with the district court that there is no issue of material fact regarding whether MSC is liable for "abnormal" bad faith.
III. Judgment as a Matter of Law
Finally, the Hendersons argue that the district court erred in denying their motion for judgment as a matter of law on their breach of contract claim at trial. However, if there was error, it was certainly harmless because the jury found in the Hendersons' favor on their breach of contract claim. See FED. R. CIV. P. 61. Thus, we affirm the district court's denial of the Hendersons' motion for judgment as a matter of law with regard to the breach of contract claim.8
While the district court did not err with respect to the Hendersons' "normal" bad faith claim, we find that the court erred in dismissing the Henderson's "abnormal" bad faith claim. Furthermore, we find that because the Hendersons eventually won a jury verdict on their breach of contract claim, there is no need to disturb the district court's denial of the Hendersons' motion for judgment as a matter of law on their contract claim. Thus, we REVERSE the district court's summary judgment ruling on bad faith and REMAND for further proceedings consistent with this opinion. We also AFFIRM the district court's denial of the Hendersons' motion for judgment as a matter of law on their breach of contract claim.
AFFIRMED in part, and REVERSED and REMANDED in part.
Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri, sitting by designation
The Neighbors are also named as defendants in the complaint
MSC urges us to follow the holding ofWeaver v. Allstate Ins. Co., 574 So.2d 771 (Ala. 1990) and conclude that a debatable reason is enough to defeat an "abnormal" bad faith claim. Indeed, in Weaver, the Alabama Supreme Court said that "regardless of the imperfections of [the insurer's] investigation, the
The district court stated that "no matter which missive is considered to be `the denial letter,' the court finds no evidence in this case of the intent to injure, dishonest purpose, self interest, or ill will required to sustain even an abnormal bad faith claim." Indeed, the Alabama Supreme Court has stated that "proof of mere negligence or mistake is not sufficient to support a claim of bad faith; there must be a refusal to pay, coupled with a conscious intent to injure."Davis v. Cotton States Mut. Ins. Co., 604 So.2d 354, 359 (Ala.1992); see also Webb v. Int'l Indem. Co., 599 So.2d 1144, 1146 (Ala.1992).
However, if we were to rely on the Davis Court's requirement of a "conscious intent to injure" in "abnormal" bad faith claims, we would ignore a slew of precedent, including cases coming after Davis, holding that an "abnormal" bad faith claim can be submitted to the jury if "the insurer either intentionally or recklessly failed to properly investigate the claim." Thomas v. Principal Fin. Group, 566 So.2d 735, 744 (Ala.1990) (emphasis added); see also Grissett, 732 So.2d at 976; Blackburn, 667 So.2d at 668. One who acts "recklessly" does not act with a "conscious intent to injure." Rather, one who acts "recklessly" is one who acts in such a way that he may foresee the consequences of his conduct and not desire them to occur, but nonetheless persists with his conduct disregarding the risk of bringing about the unintended consequences of his conduct. BLACK'S LAW DICTIONARY 1276 (7th ed.1999) (citing J.W. CECIL TURNER, KENNY'S OUTLINES OF CRIMINAL LAW 28 (16th ed. 1952)). Thus, in many of its recent "abnormal" bad faith cases, the Alabama Supreme Court does not impose a separate requirement of evidence of an intent to injure. See generally, Simmons, 791 So.2d 371; Slade, 747 So.2d 293; Grissett, 732 So.2d 968; Blackburn, 667 So.2d 661. The district court erred by requiring proof that MSC intended to injure the Hendersons with their investigation in a claim that only requires a "reckless" failure to investigate.
MSC argues that Wilkes, and the Pinckard agency in general, lacked authority to act on behalf of MSC. However, as the district court found, there are issues of material fact regarding whether Pinckard was a subagent of MSC. Reviewing the evidence in a light most favorable of the Hendersons, therefore, we assume for purposes of summary judgment that Chris Wilkes and the Pinckard Agency had authority to act on behalf of MSC
The district court implied that Wilkes also investigated the claim by speaking to Mr. Henderson about the suit. While Wilkes spoke to Mr. Henderson on the phone, the record shows that he only spoke to Mr. Henderson about his need for a written denial, not about the underlying facts of the claim. The following is an excerpt from Wilkes's deposition testimony regarding his phone conversation with Mr. Henderson:
A: I do remember the phone call — just remember him asking me to write him a letter.
Q: And just tell me everything ... you can recall about that conversation.
A: That's pretty much it ...
Later, in Wilkes deposition testimony, he admits that all he did to investigate the claim was compare the date of the original complaint with the Hendersons' policy period:
Q: What did you do to [determine the Hendersons' were not covered]?
A: I guess I looked at the date of the lawsuit and looked at the policy period.
Q: Anything else?
A: Uh-uh. (Negative response)
Thus, the only investigation Wilkes conducted was comparing the dates of the policy with the date of the original complaint. He admittedly did not call Mr. Henderson to investigate the merits of the claim.
Anderson wrote, "MSC does not rely on the pollution exclusion as a basis for its conclusion that Mr. and Mrs. Henderson are not provided a defense ... nor does it rely on the lack of any formal notice of the claim."
Because one of the independent grounds on which Anderson denied the Hendersons' claim was properly investigated, we need not address whether the other two bases that Anderson gave were properly investigated. Even if we were to find that MSC may have recklessly investigated the Hendersons' claim with regard to the "known loss rule" defense and the no "occurrence" defense, we still would be compelled tø find that Anderson's denial was not in bad faith because she properly investigated the misstatement in the application
The Hendersons challenge the district court's denial of their motion for judgment as a matter of law on the contract claim, despite ultimately winning a jury verdict on that claim, because they believe they must do so to present a "normal" bad faith claim. They correctly point out that a "directed verdict on the contract claim" test must be met in order to submit a "normal" bad faith claim to the jurySee Balmer, 891 F.2d at 876 (applying Alabama law). However, they need not challenge the actual ruling of the district court on the contract claim. The Alabama Supreme Court made this clear by stating,
This "directed verdict on the contract claim" test is not to be read as requiring, in every case and under all circumstances, that the tort claim be barred unless the trial court has literally granted plaintiff's motion for a directed verdict on the contract. Indeed the words "entitled to a directed verdict" so indicate.
Safeco Ins. Co. of Am. v. Sims, 435 So.2d 1219, 1224 (Ala.1983). Thus, the Hendersons need not challenge the district court's actual ruling on their motion for judgment as a matter of law in order to present a "normal" bad faith claim.


text:
Lemon Cloud Pie I
P. Tindall
Ingredients2 h servings 246
- Adjust
- Metric
Directions{{model.addEditText}} Print
- Combine 3/4 cup sugar, cornstarch, water, lemon peel and juice, and egg yolks in a saucepan. Beat well. Stir while cooking over medium heat until thick; it will thicken just as it starts to simmer.
- Remove saucepan from heat. Add cream cheese to lemon mixture, and stir until incorporated.
- In a small bowl, beat egg whites until stiff; add remaining 1/4 cup sugar. Fold sweetened egg whites into lemon mixture.
- Spoon filling into shell and chill.
Nutrition Facts
Per Serving: 246 calories; 10.1 36.6 3.1 58 151 Full nutrition
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ReviewsRead all reviews 23
28 Ratings
This pie is very good and I definitely recommend it. However, one tip I have is to make sure the cream cheese is very soft before stirring it into the lemon mixture, or else it won't melt prope...
I did not like this at all. I could definitely taste all the cornstarch, and the lemon and cream cheese flavors were way too subtle. I was making this for my inlaws, but ended up throwing the ...
This pie is very good and I definitely recommend it. However, one tip I have is to make sure the cream cheese is very soft before stirring it into the lemon mixture, or else it won't melt prope...
I made this recipe without the crust (saves a ton of calories!), and I served it in parfait glasses. It was a nice light ending to a big meal. I also used less fat cream cheese without a probl...
Mmmmm . . . this is too good - I am eating way too much of it! The only change I'll make next time is slightly less water and sugar and a little more lemon juice to make it just a hint more tar...
This is dessert is great tasting and "easy as pie".
This was absolutely AMAZING. Instead of a regular baked crust or graham cracker crust, I made a gingersnap crust and topped it off with fresh whipped cream. I will make this again soon :)
I've made a slight variation on this for years: substitute lime juice instead of lemon juice, increase juice to 1/3 cup (because I like it tart), increase cream cheese to 4 oz, increase cornstar...
Yup, this is really yummy. A little sweet. I'm eating it after about two hours in the fridge and it's a little soft. But it's also possible that I didn't whip my egg whites enough. I added slice...
Wow! This was really easy to make and tasted wonderful. I'll be making this one again and again.
I made this for Easter tomorrow...it is great! My husband's favorite pie is lemon meringue and I hate it...this is a perfect compromise for us. Thanks for sharing!

subset: commoncrawl


text:
Please vote ASAP! Uh Oh is a FINALIST for Cosmo Radio's Breaking the Band Contest!
Hey guys, awesome news :) My song Uh Oh is a finalist in the Cosmo Radio Breaking the Band Contest! If I get the most votes, Uh Oh will receive airplay on Sirius Satellite Radio's Cosmo Radio station! This is huge so please vote for flo! You can vote until midnight of August 30th - pass it on!


text:
How to deal with rough hands. Get baby soft skin.
I help you so much… Take care of me please says my hand
Of course, my sweet little hands have suffered a lot for me. They have worked all day along as commanded to them. Now it's time to payback. We take care of our face and hair very properly but we usually forget to take care of our hands. In this article, there are some remedies which help you in making your hands beautiful and soft.
Thing you should avoid
Too much exposure of skin to water and other chemicals. Doing household tasks and spending too much time in the water and using other kinds of soap and detergents can steal all the moisture from your skin. Avoid harsh soap with lots of chemicals.
How to pamper your hands at home
Do manicure at home:
Why to spend money in parlor if you can do a self-pampering session at home with almost no cost. All you need to do is take hot water (at the temperature according to your need), add some ammonia to it (the same used in bleach) and add some bathing soap or shampoo to it. Soak your hands in the hot water tub and use a pumice stone to remove dead skin.
Scrub once a week:
Use any scrub like neem scrub or apricot scrub. Give a gentle massage to your hands and remove the extra dust caused from pollution and other ultraviolet effects.
Use a good moisturizer:
Do not wash your hands frequently; it dries out all the moisture from the skin. You should apply moisturizer on your hands after every wash. Especially when you are staying in AC, then massage your hand with a good moisturizer to keep them soft.
Normally you can use a light water base moisturizing hand lotion which is easily absorbable. Where you can also use a thick oil-based cream in the night. Apply just before going to bed.
Give your hands a quick massage:
Start your day with applying lotion on your hands and give them a quick massage. Press the tip of each finger and Let your skin breathe.
Apply Sunscreen:
UV rays can cause spots on the skin of brown color, symptoms of pre-aging and wrinkles are some of the drawbacks of exposing your skin to the direct sunlight. So don't forget to apply sunscreen on the exposing parts of your body before stepping out into the sunlight.
Use hand gloves:
Dealing with some harsh chemicals and soaps you must use hand care gloves before getting into the task. Any chemical or harsh substance enters the body through the skin; we can avoid that by wearing hand glove.
Hope these tips help you to keep your hands soft and young for long.


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Sydney Dinner Cruises On Beautiful Sydney Harbour - An Amazing Dining Experience
For an unforgettable experience during your visit to Sydney, you need to go on one of the Sydney harbour dinner cruises. You can start out by sipping on your favourite drinks in the bar or chatting with other passengers on the outer decks. You are assured of a luxurious ride with the best facilities on board. All the food is prepared freshly during the cruise and includes a variety of salads, hot and cold dishes, fresh local seafood, desserts and fruit. The view of the surrounding scenery from the decks is a perfect setting for the wonderful food being served during the cruise. Viewing the harbour lit by lights at night is a sight to behold.
You don't want to miss any of the sights so booking a window seat on one of the Sydney harbour dinner cruises will assure you of some great views of the different attractions. You must however book your seats in advance to get a window seat since there are a limited number of them and naturally they are popular. Bulk bookings require a 50% advance payment, while the rest can be paid two weeks before the cruise date. If you book as an individual, you would have to pay the full amount. You are given one chance to change the date of your cruise if you so require. You are allowed to make the change up to 2 hours before travel without penalty. However, if you cancel your tickets, you there would be a cancellation fee for every seat cancelled.
The dinner is most often included in the cost of the ticket for all harbour cruises. Your bar account would be charged for the drinks that you purchase onboard. Before you disembark, you can pay by cash, credit card or Australian Travellers cheque before you disembark. As far as dress code goes, smart casual clothing is recommended for Starlight Dinner Cruises and for Breakfast, Lunch and Sunset Dinner Cruises. For all other Sydney harbour dinner cruises, smart and stylish jackets are recommended for men.
|All times are GMT -4. The time now is 11:11 PM.


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- Home
- About RCC
About the Regional Cancer Center
As a joint venture of Saint Vincent Hospital and UPMC Hamot, the Regional Cancer Center has been bringing expert care close to home for patients in the northwestern Pennsylvania region since 1987 and is affiliated with UPMC Hillman Cancer Center, one of the largest integrated community networks of cancer physicians and health care specialists in the country. Through affiliation, the resources of an internationally recognized academic cancer center are available close to home for patients in the greater Erie region.
Our Mission
Governed by partnering hospitals, Saint Vincent Hospital and UPMC Hamot, Regional Cancer Center (RCC) exists to provide exceptional care for patients with cancer and blood disorders with a commitment to advanced care modalities, clinical research and optimal quality of life for patients and families.
Board certified physicians and more than 150 staff provide care to thousands of regional residents each year. Leading edge medical oncology, hematology and radiation oncology treatments are optimally coordinated.
Regional Cancer Center's physicians are engaged full-time in clinical practice. Their first priority is seeing and caring for patients. At the same time, they have access to the latest research on cancer treatments. With personal knowledge of their patients and information on the newest cancer care options, they can pursue the most effective care plans. In addition they have access to UPMC Hillman Cancer Center's Clinical Pathways that provide guidelines for drug and radiotherapy management of cancer. Pathways ensure that all patients treated at all UPMC Hillman Cancer Center affiliates, no matter where they are located, receive the same state-of-the-art evidence based care.


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Author Interview and Giveaway: Unexpected Gifts by SR Mallery
Today, I am so happy to have SR Mallery, the bestselling author of Unexpected Gifts on my blog.
~Meet the Author~
Website/Blog: www.srmallery.com
Twitter: @SarahMallery1
Pinterest: (I have some good history boards that are getting a lot of attention—history, vintage clothing, older films)
Amazon Author page: http://www.amazon.com/S.-R.-Mallery/e/B00CIUW3W8/ref=ntt_athr_dp_pel_1
Welcome to Njkinny's World of Books & Stuff, Sarah!
Let's start the Interview.
1) Tell us something about yourself.
Electic. That's my middle name! In fact, once, when I was applying for a marketing job, the interviewer took one long, hard look at my work experience–– secretary, classical and pop singer, educational film strip composer, production artist, calligrapher, quilt designer/instructor, adult ESL/reading teacher, and writer––and exclaimed, "Well, either you're the most amazing, versatile person I've ever met, or…you're crazy!"
I got the job, btw. I didn't stay long, though...
2) What genre are your books and why did you choose this genre?
My stories/books are primarily historical fiction. Because I also enjoy writing more up-to-date stories who knows about the future, but for now, I get so much pleasure researching past times, I have decided I am going to stick with historical fiction.
3) In one sentence what is your book, "Unexpected Gifts" about?
A 'lost' college student, forever choosing the wrong man, learns to how to change her life's path by reading her ancestors' diaries, journals, and letters.
4) How did you get the idea of writing this book? What kind of research did you do?
One night many years ago when I was visiting my father, my then two-year-old daughter and I were in bed together. She was nestled up against me, sleeping peacefully; I was reading a short story my mother had written many years before. As I lay there, taking in my mother's words, a feeling of comfort and wonder overcame me. 'There are three generations in bed tonight,' I remember thinking. That awareness catapulted me into the idea of a confused modern woman retracing the lives of her ancestors through their diaries, journals, and letters, and in the process of seeing their mistakes, learning what not to do in her own life.
As for doing research it was a huge job. I immersed myself in books regarding various 20th century U. S. time periods so I could learn about their lingos, fashion, and customs. I watched documentaries and listened to homemade and commercial CD's that included songs/music written during the 60's, 50's, 30's, and early 1900s, to help me live and breathe those eras. And always, always, I scrutinized photographs—a practice that not only always sends me back in time, it triggers plots, motivations, and character relationships.
5) What was the hardest part of writing "Unexpected Gifts"?
Because I had decided to have my main modern protagonist, Sonia, learn from her ancestors, I had to figure out a helpful method to accomplish that. So I came up with a two-columned sheet. On the left side was each ancestral chapter with several flaws that each ancestor had. In the right column I wrote how those particular flaws gave Sonia the insight into how to change her own behavior.
Although time consuming, it grew into a back and forth, analytical process all of which was incredibly helpful.
6) How do you approach your writing so as to make them relatable to readers?
I have come to realize that no matter the time period, no matter how different the culture, people have always been people---with hurts, anger, ambition, shame, joy, and love. That has never changed!
So when I write a scene, or in particular, a dialogue, I really picture myself being there, first asking the questions then answering them. I always ask myself, 'What kind of language would I use? If I were an immigrant coming over from another country trying to speak English, how would I sound? If I were an educated journalist from the Great Depression, wouldn't my language reflect that? If I were an Irish lass back in the 1920s, how would I talk? There, I not only studied the slightly different grammar structure used by the early 20th century Irish, each time I edited that chapter I read the words out loud with an Irish accent!
7) Tell us a fun moment you had while writing "Unexpected Gifts".
I would have to say in general, just listening to the various songs/music of each era I was going to write about. As I drove my car, danced around the living room, or did chores throughout the house, I particularly enjoyed the music from the 60's. It brought back SO many memories about Woodstock, an ex-boyfriend's experience with Timothy Leary, and how actually seeing the Beatles at Carnegie Hall left an indelible mark in my memory bank (even though at the time I could barely hear them through the girls' screams!)
8) When did you first realize that you had the talent to be an author?
My father, who had been a television writer for many years (he began his career in The Golden Age of Television), read my very first story, "Sewing Can Be Dangerous," and shook his head.
"What? What? No good? Am I terrible?" I asked him, chewing on a fingernail.
"Well, maybe your language is a tad simple…but your storytelling and your pacing is amazing! Keep it up!" Boy, was THAT an incentive to keep going!
9) What were the steps you took to get your book published?
My SEWING CAN BE DANGEROUS AND OTHER SMALL THREADS came first. I had a lot of interest from agents, although they were worried about marketing a newbie's collection of shorts. Then I got a New York agent who flipped over them and wanted to represent me. But she had a condition. I had to finish the novel I had begun (UNEXPECTED GIFTS) so she could present/sell both of them at once.
I remember killing myself at that point in time--teaching ESL classes morning and night and scribbling furiously in between to finish my novel. I knew UNEXPECTED GIFTS was far too long and was almost like a first draft but I handed it in. Although she really liked it and told me what a good writer I was, etc, etc, she decided she wasn't going to represent me anymore. Period. Done.
Of course I was devastated, but I picked myself up and started sending both books to publishers. One small press loved them so much she immediately wanted to sign me up. So my first foray into the publishing world was through this press. They were lovely to me, but after a while, I decided I preferred having more control, particularly since the publishing business had been changing exponentially and being an Indie writer was no longer looked down on.
10) What is next for you, writing wise?
I've been working on an historical fiction Wild West novel, entitled THE DOLAN GIRLS. Here's the synopsis:
The Dolan Girls by S. R. Mallery has it all. Set in Nebraska during the 1800s, whorehouse madams, ladies of the night, a schoolmarm, a Pinkerton detective, a Shakespeare-quoting old coot, brutal outlaws, and a horse-wrangler fill out the cast of characters. Add to the mix are colorful descriptions of an 1856 land rush, Buffalo Bill and his Wild West Show, Annie Oakley, bank/train robberies, small town local politics, and romance. Two, in fact!!
11) What is one quirk that, in your opinion, makes you a writer?
Well, much like my main character in UNEXPECTED GIFTS, I have OCD (Obsessive Compulsive Disorder)—the ruminating kind, not the hand washing neat freak kind! In other words, I can't stop my brain from working overtime and creating plots, scenes, and characters!
For example, I once happened to watch an ant make its way across my bathroom floor and within the hour I was writing a flash fiction narrative from the point of view of the lonely ant—VERY Kafka-esque!! In addition, I have always liked to watch people and invent little stories about their lives. As I watch them, I keep asking questions in my mind like, 'What if they...'; 'Wouldn't it be interesting if they...'; 'What would it be like if they...'
12) Before you go, how about an excerpt from your book to intrigue and tantalize us?
OK! First, here's the synopsis:
Can we learn from our ancestral past? Do our relatives' behaviors help mold our own?
In Unexpected Gifts, that is precisely what happens to Sonia, a confused college student, heading for addictions and forever choosing the wrong man. Searching for answers, she begins to read her family's diaries and journals from America's past: the Vietnam War, Woodstock, and Timothy Leary era; Tupperware parties, McCarthyism, and Black Power; the Great Depression, dance marathons, and Eleanor Roosevelt; the immigrant experience and the Suffragists. Back and forth the book journeys, linking yesteryear with modern life until finally, by understanding her ancestors' hardships and faults, she gains enough clarity to make some right choices.
In Unexpected Gifts, that is precisely what happens to Sonia, a confused college student, heading for addictions and forever choosing the wrong man. Searching for answers, she begins to read her family's diaries and journals from America's past: the Vietnam War, Woodstock, and Timothy Leary era; Tupperware parties, McCarthyism, and Black Power; the Great Depression, dance marathons, and Eleanor Roosevelt; the immigrant experience and the Suffragists. Back and forth the book journeys, linking yesteryear with modern life until finally, by understanding her ancestors' hardships and faults, she gains enough clarity to make some right choices.
Here's an excerpt:
SONIA'S paraplegic Father --CHAPTER 2: Sam––Living With Fear
"First thing I killed was no kind of thing at all. It was an enemy
soldier, which was a hell of a lot easier to say than the first thing I ever killed was a man."
--Steve Mason
"...Nearing the village, we passed women in their beige tunics, black pants, and Sampan hats, shouldering thick bamboo rods weighted down by buckets of water. Most kept their heads lowered as they walked, but the few who didn't, stared up at us with dead, black-brown eyes and pressed lips. The afternoon was drawing to a close by the time we reached a village compound that reeked of nuoc maum rotten fish sauce and animal dung. An old, leathery woman, squatting by her hooch was our welcoming committee, but once she saw us shuffle by, she scurried back into her hut, clacking loudly in Vietnamese as chickens pecked at rice granules, bobbing their heads up and down in 2/4 time.
Carbini cut to the chase. "First, pull every one of those gooks outta their hooches, then line them up here," he barked.
I watched my troop comb each thatched home, rounding up families of all ages and herding them out into the open like a cattle drive in Oklahoma. I, too, started the mission and stooping into one of the huts, saw a young woman sitting on a straw mat, eating some rice in a black bowl, a young child at her side.
She was exquisite—the best possible combination of French and Chinese ancestry, with such delicate features, she made my heart ache. My immediate instincts were to protect her and her son from Carbini and this horrendous war, but she just gazed up at me, emotionless.
I could hear Carbini yelling orders to get a move-on, and I signaled this girl, this treasure, to follow me. She shook her head vehemently, and curled her legs around her son. I motioned again, but still, she refused. I froze, unable to think, but when Carbini popped his head in the doorway and snarled, "Weylan!" she got the message and followed me out.
Whimpering slightly, she joined her fellow villagers, gripping her child's hand and wiping off a tear that had slid halfway down her cheek. I suddenly pictured slave owners in pre-Civil War days and felt my lunch rise up in my throat.
"Now, get your Zippos ready, men." As Carbini's face flushed red, I sucked in my breath. He caught sight of my reaction and came over. "Weylan here doesn't like my orders. Anyone else here who doesn't like my orders?" Nobody spoke up.
He opened up one of my backpack pockets, yanked out my Zippo lighter, and shoved it into my face. Immediately, you could hear the snap of pockets opening and boots shifting. We were getting ready to Rock 'n Roll.
Carbini was first. He marched over to a hooch, flipped on his Zippo, and carefully lit the underbelly of its thatched roof. It smoldered for a few seconds, a thin, rising wisp of smoke twisting in the tropical air. From that, a flame grew, nibbling at the straw with a low, blue heat before suddenly bursting into a torch, arcing up towards the sky in a yellow-hot blaze.
Carbini turned to us and nodded, his eyes glazed. This was our cue, yet I spun around to search for the girl, who was at the back of the pack, crying softly as she hugged her son. I glanced over at some of the other men, their hands jammed deep into their pockets, and decided to follow their lead. The fire was raging full force on each hooch now, the thatch and bamboo crackling like a 4th of July fireworks display, leaving its reflections in the villagers' eyes and turning the sky dark with thick, bulbous smoke.
"Weylan! You son-of-a-bitch coward! You're no better than the rest of us, you hear me?" Carbini started to charge over, then stopped mid-stride.
In the distance, a large formation of F4's was headed our way, torpedoing fireballs of napalm every several hundred yards and scattering screaming villagers down the main road. We were ordered to take cover, but followed the fleeing Vietnamese instead, charging after them and trying not to show our own fear..."
Thanks for taking out time to talk to me, Sarah.
Wish you the very best for the future and hope we get to read more from you in the future! :)
I loved reading Unexpected Gifts by SR Mallery. Read my Review: Click Here
~Buying Links~
Grab the book for just 99c or Rs 63 on Amazon and Kobo!
Prize: 10 Ebooks of Unexpected Gifts by SR Mallery
Ends 13th September
Open Worldwide.
Open only to those who can legally enter and receive the prize. Winning Entry will be verified prior to prize being awarded.No purchase necessary. You must be 18 or older to enter or have your parent enter for you. The winner will be chosen by rafflecopter and announced here as well as emailed and will have 48 hours to respond or a new winner will be chosen. This giveaway is in no way associated with Facebook, Twitter, Rafflecopter or any other entity unless otherwise specified. The number of eligible entries received determines the odds of winning. Giveaway was organized by Nikita (Njkinny) from Njkinny Tours & Promotions and sponsored by the author. VOID WHERE PROHIBITED BY LAW.
a Rafflecopter giveaway
Ends 13th September
Open Worldwide.
Open only to those who can legally enter and receive the prize. Winning Entry will be verified prior to prize being awarded.No purchase necessary. You must be 18 or older to enter or have your parent enter for you. The winner will be chosen by rafflecopter and announced here as well as emailed and will have 48 hours to respond or a new winner will be chosen. This giveaway is in no way associated with Facebook, Twitter, Rafflecopter or any other entity unless otherwise specified. The number of eligible entries received determines the odds of winning. Giveaway was organized by Nikita (Njkinny) from Njkinny Tours & Promotions and sponsored by the author. VOID WHERE PROHIBITED BY LAW.
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Cours Business
Education Travel for Students and Adults
Ce cours met l'accent sur le côté professionnel de la langue. Il requiert en général un niveau intermédiaire. La plupart du temps, le cours business est dispensé en complément du cours standard. Des sujets touchant divers domaines professionnels sont traités de façon à vous familiariser avec des situations de tous les jours dans un domaine spécifique.
Our schools that provide this course type
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Two bicycle officers and a police squad car from the Austin Police Department will lead the first lap of the pro race at tonight's Driveway Series as a show of support for the police officers killed in Dallas.
Last week's police shootings took place just down the street from the Dallas version of the Thursday Night Bike Races, which take place weekly at Fair Park.
The Dallas Police Department is sending officers to the Fair Park races tonight to mingle with racers and lead off the races in a squad car. The organizer of that event, Ginny King, is accepting donations for Assist the Officer, which provides financial assistance to police officers and their families at times of crisis. Cyclists will get blue ribbons to attach to their seat posts.
At the Driveway Series in Austin, donations will also be accepted for Assist the Officer, according to Andrew Willis, president of Holland Racing, which puts on the Driveway Series.
The police representatives will arrive at about 6:15 p.m.
The Driveway Austin is located at 8400 Delwau Lane.


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Yes, we still have him - and he is a hugger. Here you can see me and the cat necking. He likes to wrap his paws around my neck and tuck his head under my chin or in my hair. I have to be careful though, he also likes to nip.
He will snuggle for hours and isn't too fussy as to who he is snuggling. Mo snuggled with him for 1-1/2hours when she met him for the first time.
We named him Zuchi after I jokingly said we should just name him Zucchini. I call him Monchhichi, for obvious reason.
In this picture you can see some of his beautiful markings, although the picture really doesn't do him justice. I had a lot of trouble getting a picture of him as whenever he sees me, he runs to me to be picked up.
He has thick tiger stripes on his legs, shoulders and hips; and has spots on his sides. You can even see his thick mane in this picture. The bottom of his feet have thick tufts of hair as well.
He's a pretty good cat. He gets along well with our dogs, in fact, he LOVES our bigger dog and is always trying to cuddle with him.
We weren't in the market for another cat, but how could we resist?
6 comments:
I could never resist a kitty in need - which is how at one time I had 10 of them in my house!! My friend has a cat who nips...I've left her house bleeding from his "love bites" more times than I can count!! Monchhichi is absolutely adorable!!!
i have always wondered... what do you need to do to keep cats and dogs together without them killing each other...
i've never tried it, so i don't know...
it's just something that intrigues me
Heather, if I wasn't careful I would he would draw blood too!
Leon, dogs and cats aren't naturally inclined to hate each other. It's really about the personality of the animals, their experiences and the guidance of the owners.
When I introduce a new animal to the group, I make sure that the ones I had previously know that this new one is a friend of mine, and therefore should be a friend of theirs, or at the very least, should not be harassed. I also make sure that I am fair with attention to avoid jealously issues. A slow introduction is a must for any new animal. I let them have short, always supervised, periods of time together at first. Then I make the time longer and longer.
Neither of my dogs were really agressive by nature and they both know that I am alpha. The cat is very mild-mannered himself and loves affection. Once he figured out that the dogs weren't going to hurt him, he buddied right up to them. It took less than a week.
There was a loose domesticated bunny in our neighborhood, and I tried to catch it to take to the animal shelter. No dice.
My first cat was a stray too!
Awww. Awww. AWWWWwwwwww!! I always say when an animal shows up on your doorstep asking for help, you can never turn them away. I keep waiting for one to show up on our doorstep. I want a cuddling puddytat.
When I was in high school, we had a stray move in with us, and she used to sit behind me and love-rub my hair and head and then nip. She would get herself into such a loved up frenzy the teeth came out. Her favourite nip spot was my chin. I miss her. She lived to be 19. I think her ghost still visits me when ever I take a nap.
Evil Spock, we have had trouble getting our shelter to take in animals too. But I guess without proper funding, what can they do? Our shelter has been opened and shut down three times in the last two years due to funding and local policies (which also affected funding).
Lyvvie, I like having animals find me. And I have enough finding me that I really don't need to go looking for any!
Zuchi's favorite place to nip me is the chin. He's learned that I don't like it, but he still has a strong desire to do it. So when he gets worked up, I can see him fighting himself not to. He has contented himself with baring his teeth and pressing them against my chin.