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Teacher resources and professional development across the curriculum
Teacher professional development and classroom resources across the curriculum
N. Scott Momaday
Like his parents, Momaday has been both a teacher and writer. Since earning a bachelor's degree at the University of New Mexico, and an M.A. and a Ph.D. at Stanford, Momaday has held tenured appointments at the University of California, Berkeley; UC Santa Barbara; Stanford; and the University of Arizona. He has been honored for his poetry and prose with numerous awards: His debut novel, House Made of Dawn, was the first by a Native American author to be awarded the Pulitzer Prize. He has been the recipient of a Guggenheim Fellowship, a National Institute of Arts and Letters Award, and the Premio Letterario Internationale Mondello, Italy's highest literary honor.
Momaday's work has greatly influenced other Native American authors, like Joy Harjo and Leslie Marmon Silko. In fact, the structure and content of Silko's Storyteller are in many ways similar to Momaday's The Way to Rainy Mountain, and her award-winning Ceremony was influenced by Momaday's House Made of Dawn. Momaday has also brought Native American literature into a conversation of sorts with other traditions. This is partially due to the fact that Momaday's work successfully combines various literary styles. His poetry, for example, often employs heroic couplets and blank verse. In this way, Momaday successfully celebrates traditional Native American culture without isolating it from multicultural America.
Despite his willingness to draw on European and European-American literary traditions, Momaday focuses his work on Native American culture. Interestingly, he only came to explore that culture as an adult. "When I was in my early 30s," Momaday once said, "I began to wonder about my heritage, which I had always taken for granted." Once Momaday began to investigate his heritage, it quickly became the central focus of both his writing and his scholarship. Perhaps more importantly, it seems to have become a personal mission for Momaday to keep Kiowa culture alive. "When I go and walk among the stones of Rainy Mountain cemetery, where my grandmother, in an unmarked grave, and my aunt, dead in infancy, are buried," he says, "I am conscious of something terribly important to my being. I could sense in that situation the vitality in myself; I could sense it but could not take possession of it until I translated it into language My poem 'Rainy Mountain Cemetery' is an act of understanding. Beyond that, there is no other way." Through his poetry and his innovative fiction and scholarship, Momaday has infused both Kiowa and American culture with life.
Works by the Author
© Annenberg Foundation 2017. All rights reserved. Legal Policy


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Rangers always looking to keep system well stocked
The Rangers wrapped up the 2013 First-Year Player Draft on Saturday, and they'll be hitting the road this week in preparation for next year's Draft.
"There's not much time to sit around and rest on your laurels," director of amateur scouting Kip Fagg said.
The Rangers wrapped up the 2013 First-Year Player Draft on Saturday, and they'll be hitting the road this week in preparation for next year's Draft.
"There's not much time to sit around and rest on your laurels," director of amateur scouting Kip Fagg said.
The Rangers have seen recent success from the Draft from players like Robbie Ross, Nick Tepesch, Justin Grimm and Tanner Scheppers. They hope more drafted players are on their way in their farm system.
"It's cheerily gratifying to see these guys surface up there and have some success up there," Fagg said of the recent success.
Eight of the Rangers' top 20 prospects were drafted by the club, led by third baseman Mike Olt and pitcher Cody Buckel. Olt, 24, suffered vision problems that put him out of action for a month, but the No. 2 prospect in Texas' system recently returned to Triple-A Round Rock.
Fourth-ranked Buckel has remained at the Rangers' Spring Training facility in Surprise, Ariz. Looking to fix his command issues. Buckel, 20, went 0-5 with a 20.25 ERA in six games (five starts) with Double-A Frisco and was sent to get work in extended spring action in May. Buckel was taken in the second round in 2010 and was promoted to Double-A Frisco in 2012 and went 5-5 with a 3.78 ERA in 13 appearances (10 starts).
"I don't think it's a big thing," Fagg said. "We're getting him back on track, and I'm confident in the guys that are working with him down there that in a short time, we'll get to the see the old Cody back."
Texas took third baseman Joey Gallo and outfielder Lewis Brinson in the first round last season. Gallo, 19, is hitting .219 with 14 home runs and 30 RBIs in 59 games with Class A Hickory. He was drafted out of high school known for his power, but Gallo has struck out 96 times in 219 at-bats, with 29 walks.
"I think going into this, we knew what kind of player we were getting into, and Joey is a kind of competitive, wants-to-be-good kind of a player," Fagg said. "It's showing up kind of what we thought it would be. He has power. There's going to be some swing-and-miss in there some days, but hopefully he improves on that and the walks start coming up, the strikeouts come down, and the power still stays there."
Fagg said Brinson, 19, has played better than he had envisioned. Brinson's hitting .257 in 57 games with Hickory. He has a .328 on-base percentage with 13 home runs, 26 RBIs and 12 stolen bases. Brinson has been described as a possible five-tool player in the Majors, drawing comparsions to Dexter Fowler or Cameron Maybin.
"We're aggressive with those guys, as far as challenging them mentally to see if they can handle it," Fagg said. "Those two are definitely that case. These guys are young. There's going to be days where it's going to be tough. They're playing every day, and the wear and tear they go through, especially mentally and physically. But both of those guys are doing well."
Pitcher C.J. Edwards has been quite the surprise for the Rangers. Edwards, 21, was taken in the 48th round in 2011, but he's the 17th-best prospect in the organization. He pitched 20 scoreless innings and allowed six hits in four games in the Arizona Fall League last season. Edwards is 5-2 with a 2.14 ERA in 11 starts for Hickory this season.
"We've got to get this guy physically stronger," Fagg said. "We're working on it, but the kid can't ever put on weight. That being said, he has no issues taking the ball. The stuff has been plus. He's been a pleasant surprise. … One of better lower-level starters that we have."
The Rangers haven't given up on pitcher Neil Ramirez, who is in his sixth season in Texas' farm system. Ramirez, 24, was selected in the first round in 2007 and sent back down to Frisco to start this season. He's improved this season with a 6-2 record and a 3.38 ERA in 12 starts. Ramirez finished last season in Round Rock and went 6-8 with a 7.66 ERA.
"Neil's still very young," Fagg said. "I know he's been in our system for a while, but if he was college-signed, he'd be in his second year in the game. You're talking about a guy in Double-A with that kind of stuff, and you've just got to let it play out."
Master Tesfatsion is an associate reporter for MLB.com.


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Fox & Friends Still Whining About Supposedly Unfair Taxes On The Wealthy
If Fox News were your only source of information about the economy, you'd conclude that:
1) Taxes are high -- way too high.
2) Especially taxes on the wealthy.
3) So you'd have to be a crazy socialist to want to raise their taxes any higher!
What you wouldn't learn is that taxes on the wealthiest Americans are already at historically low levels -- or that their current tax rate is about equal to the percentage of the nation's wealth they control.
Today, Fox & Friends returned to the cherished right-wing hysteria over taxing the wealthy with a few segments on President Obama's budget speech yesterday.
Here's how the misinformers on the curvy couch kicked off the show:
PETER JOHNSON JR. (guest host): Let's talk about some of the specifics of [the president's budget proposal]. He's talking about cutting the deficit $4 trillion over 12 years. With regard to taxes, allowing tax rates to rise in 2013 and beyond for people making more than $200,000, and couples making more than $250,000. And then eliminating about $320 billion in tax breaks over 10 years.
JOHNSON: ... And according to the president, apparently wealthy people really do want their taxes to be raised, but no one's really asked them to make that contribution.
[begin video clip]
OBAMA : Some will argue we should not even consider ever, ever raising taxes even if only on the wealthiest Americans. It's just an article of faith to them. I say that at a time when the tax burden on the wealthy is at its lowest level in half a century, the most fortunate among us can afford to pay a little more. I don't need another tax cut.
And here's the thing. I believe that most wealthy Americans would agree with me. They want to give back to their country. A country that's done so much for them. It's just Washington hasn't asked them to.
[end video clip]
GRETCHEN CARLSON (co-host): Huh? I mean, come on. Who on April 15 goes, yippie, skippy, I'm paying taxes today, and I love it. And if you ask me to pay more, here it is. Come on. I don't care how much money you make, no one is going to say that they love doing that.
JOHNSON: If you ask any American at any tax level they'll say, I've been asked and I've been asked and I've been asked, and you've told me to pay and pay and pay. It's really quite incredible.
BRIAN KILMEADE (co-host): And this stat you just can't run from. The top 1 percent, you know, those rich people that are very fortunate -- they don't work hard, they're fortunate. They were born into royalty. Those rich people, the 1 percent of the country, they pay almost 40 percent of America's federal income tax of the entire pot.
JOHNSON: Staggering numbers.
KILMEADE: So OK, so you have the federal tax, outside states like Florida, then you have a state tax of another 10 percent. So you're already giving -- so you're already working -- you're only getting 60 percent of what you earn.
And by the way, the stats also show that the most fortunate ones, you know, the ones that inherit all that money, they also start foundations and give more money than almost everybody else. So, in other words, they're supposed to feel bad about this, feel humble about what they've earned, give more of it to the government as opposed to investing it in different areas, starting a different company, hiring more people. I mean, that to me -- in one sense, you have 73 pages of a specific way forward to address a $14.2 trillion deficit, and this speech was, I'd like to be president again. That's what this speech was.
First of all, from all this hyperventilating, you'd get the impression that taxes are outrageously high for everyone in the U.S.
But in fact, they're actually the lowest they've been in about 60 years. In April 2010, USA Today reported that tax bills in 2009 were at their lowest level since 1950. No wonder a recent AP-GfK poll found that 54 percent of Americans think their tax bills are either somewhat fair or very fair.
More important, taxes for the wealthiest Americans are proportionately even lower: The top income bracket enjoys the lowest tax rate they've had since 1931 (with one exception). As a December 2010 Bloomberg Businessweek article pointed out during congressional debates over extending the Bush tax cuts:
A bonanza of new and extended tax benefits could make it as easy as ever for the rich to stay that way.
The good news for the rich starts with income tax rates, which for top income groups would remain 35 percent, a rate enacted by former President George W. Bush in 2003. Except for a period from 1988 to 1992, the top tax rate has never been this low since 1931.
"Top rates are incredibly low from a historical perspective," says Indiana University law professor Ajay Mehrotra. The most surprising thing, he says, is that rates have remained at this level even as the U.S. has been fighting two wars, in Afghanistan and Iraq. Historically, income taxes on the wealthy have spiked during wartime: The first income tax was initiated during the Civil War and then later repealed. The top rate on income hit 77 percent in 1918, during World War I, and 94 percent from 1944 to 1945, during World War II.
What about Kilmeade's assertion that because the top 1 percent pay "almost 40 percent" of all federal income taxes, they're already paying enough taxes? (This statistic appears to be true -- the conservative National Taxpayers Union claims that in 2008, the top 1 percent of earners paid 38.02 percent of all personal income taxes received by the federal government.)
Well, Kilmeade's question raises another: What percentage of the total wealth in America does that top 1 percent control? If the answer was only 10 or even 20 percent, you could conclude that the wealthiest are paying a disproportionate share of income taxes (although that's also debatable -- more on this below).
But that's not the answer. In April 2010, the Wall Street Journal blog Wealth Report reported that the top 1 percent held 35.6 percent of all national wealth at the end of 2009.
In other words, this group of very wealthy individuals owned 35.6 percent of all wealth in the country, and they paid 38 percent of all federal income taxes.
That just doesn't sound so unreasonable to me.
What goes unsaid on Fox, of course, is that poorer Americans pay a lower percentage of all federal taxes collected because they make much less money -- and have to spend much more of it on basic needs. According to a December 2010 report by the Center for Economic and Policy Research (CEPR), low-income households spend 16.2 percent of income on food. And Habitat for Humanity found that in 2008, a staggering 16 percent of Americans spent more than half of their incomes on housing. So the poorest Americans are already spending a huge percentage of their incomes on basic necessities -- they're not the ones who can afford to give up any more.
Just how have the rich, middle-class, and poor families of the U.S. been faring under our tax system? This graph from the CEPR report, which shows the growth in income by income bracket over the past 30 years, says it all:
Yes: From 1979 to 2006, the income of the top 1 percent of earners in the U.S. increased 256 percent. Over the same period, the middle quintile's income increased 21 percent. That means the top 1 percent saw their incomes rise by 10 times more than those of the middle class.
So, Fox, stop exaggerating how much the wealthiest Americans pay in taxes. They're doing just fine.


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1. The Kansas uninsured motorist (UM) statutes, K.S.A. 40-284 et seq., do not require an insurer to provide UM coverage for an insured's injuries which are sustained in an accident where either the owner or the driver of the other vehicle has a bodily injury liability insurance policy which covers the accident and which provides liability limits equal to or more than the minimum limits required by Kansas law.
2. The provisions of an insurance policy control the respective rights of the parties, where the provisions are not in conflict with statutory mandates.
3. Insurance policy provisions are tested by what a reasonably prudent insured would understand the language to mean, not by what the insurer intended the language to mean. Courts must apply the plain and unambiguous policy provisions as written and refrain from making a different contract for the parties. However, the overarching methodology to be employed in construing an insurance policy is to consider all pertinent provisions together, rather than to critically analyze a single or isolated provision.
4. An insurance policy that defines an uninsured motor vehicle as "a motor vehicle which is not insured by a bodily injury liability bond or policy at the time of the accident" does not, by that definition alone, broaden or extend the policy's uninsured motorist coverage beyond the minimum coverage mandated by statute.
5. Considering all pertinent provisions of the insurance policy presented in this case, giving effect to each and every applicable provision without isolating any single provision, we find that a reasonably prudent insured would understand that the uninsured motorists coverage is unavailable for the same damages covered by the negligent driver's bodily injury liability insurance policy and that the uninsured motorist limits cannot be added to or stacked upon the recovery obtained from the tortfeasor.
Appeal from McPherson District Court; JOE DICKINSON, judge. Opinion filed March 31, 2006. Affirmed.
Matthew L. Bretz, of Bretz Law Offices, of Hutchinson, for appellant.
Dustin J. Denning, of Clark, Mize & Linville, Chartered, of Salina, for appellees.
Before RULON, C.J., JOHNSON and HILL, JJ.
JOHNSON, J.: Timothy W. Richert appeals the summary judgment granted to his insurer, American Family Mutual Insurance Company (American Family), on Richert's claim for uninsured motorists coverage (UM) benefits. Richert contends that his automobile insurance policy provided broader coverage than the minimum required by Kansas statutes, entitling him to collect UM benefits in addition to the bodily injury liability payments received from the negligent driver's policy. We disagree and affirm the district court.
The undisputed facts are straightforward. Richert, while operating his own vehicle, collided with a 1987 Chevrolet Blazer (Blazer) driven by Shawn D. McHone. McHone did not own the Blazer; the vehicle was titled to his mother and two other persons. At the time of the accident, the Blazer's owners did not have bodily injury liability insurance in effect. However, McHone had an automobile policy listing his own vehicle, and that policy extended McHone's bodily injury liability protection to cover his operation and use of the Blazer. The liability limits of McHone's policy were $100,000 per person and $300,000 per occurrence (100/300).
Richert's automobile policy with American Family also carried 100/300 limits which were applicable to both the UM and underinsured motorists (UIM) coverages. Apparently, Richert is the only claimant and the $300,000 per occurrence liability limit is not involved in this appeal. Also, there does not appear to be a dispute as to whether Richert's damages exceeded the tortfeasor's per person liability limit of $100,000.
Richert sued McHone and the owners. Subsequently, American Family was added as a defendant upon a claim that it owed UM benefits to Richert. Richert settled with McHone for the tortfeasor's $100,000 per person bodily injury liability limit. The vehicle owners defaulted. In a well-reasoned opinion, the district court granted American Family's motion for summary judgment, essentially holding that under our prior decision in State Farm Mut. Auto. Ins. Co. v. Cummings, 13 Kan. App. 2d 630, 778 P.2d 370, rev. denied 245 Kan. 786 (1989), the Blazer could not be considered "uninsured" at the time of the accident because its driver, McHone, had liability insurance which covered the Blazer.
On appeal, Richert, referring to the Blazer as "the offending vehicle," states the issue as, "Whether the language of American Family's uninsured motorist policy provides UM coverage when the offending vehicle was uninsured, even though the driver of the offending vehicle had insurance on a different vehicle?"
A summary judgment entered upon undisputed facts is reviewed de novo. Roy v. Young, 278 Kan. 244, 247, 93 P.3d 712 (2004). To the extent we are called upon to interpret an insurance contract or interpret statutory provisions, our review is likewise de novo and unlimited. See Cooper v. Werholtz, 277 Kan. 250, 252, 83 P.3d 1212 (2004) (statutory interpretation a question of law subject to unlimited appellate review); Unrau v. Kidron Bethel Retirement Services, Inc., 271 Kan. 743, 763, 27 P.3d 1 (2001) (interpretation and legal effect of written instruments are matters of law over which appellate courts exercise unlimited review).
STATE FARM vs. CUMMINGS
The Cummings facts are strikingly similar. Cummings involved an automobile accident where the negligent driver did not own the vehicle she was driving. The vehicle owner was uninsured, but the driver was insured for bodily injury liability through a separate policy which covered the driver's operation of the nonowned vehicle. The injured claimants were covered by a State Farm policy providing UM and UIM coverage. The tortfeasor's bodily injury liability limits were identical to State Farm's UM and UIM limits. The injured parties settled with the tortfeasor's insurance carrier for amounts less than their actual damages because of inadequate policy limits. State Farm initiated an action to determine whether it would be responsible to the claimants for UM or UIM coverage.
With respect to the UM issue, the Cummings court declared that the statutory provisions governing uninsured motorists coverage in Kansas, K.S.A. 40-284 et seq., are mandatory and automatically incorporated into every policy written in this state; any attempt by an insurer to diminish the statutorily mandated coverage is void. 13 Kan. App. 2d 630, Syl. ¶ 1. However, where not in conflict with the statutory mandates, the policy provisions are controlling. 13 Kan. App. 2d 630, Syl. ¶ 2. The courts will not permit a dilution or diminution of the statutorily required UM coverage, but neither will the courts extend an insurance carrier's risk or extent of liability beyond that for which it has bargained. 13 Kan. App. 2d 630, Syl. ¶ 3.
The Cummings opinion set forth the applicable policy language of the State Farm UM coverage as follows:
"'We will pay damages for bodily injury an insured is legally entitled to collect from the owner or driver of an uninsured motor vehicle. The bodily injury must be caused by accident arising out of the operation, maintenance or use of an uninsured motor vehicle.
"'Uninsured Motor Vehicle--means:
"1. 'an "uninsured" land motor vehicle, the ownership, maintenance or use of which is:
b. not insured or bonded for bodily injury liability at the time of the accident.'" 13 Kan. App. 2d at 633.
Although the Cummings opinion does not present a detailed analysis of the State Farm policy language, it had to implicitly find that the UM provisions did not conflict with the statutory mandate. Its ultimate holding was:
"Where either the owner or the driver of a vehicle is covered by the minimum insurance limits required by law, the vehicle is not 'uninsured' within the meaning of the Kansas uninsured motorist statutes, and the injured parties are not permitted access to the uninsured motorist coverage in their own policies." 13 Kan. App. 2d 630, Syl. ¶ 4.
Although the portion of the Cummings' opinion addressing UIM coverage has been altered by subsequent decisions, its holdings with respect to UM coverage remain good law. Richert does not challenge the efficacy of Cummings' legal pronouncements, but rather he attempts to factually distinguish the precedent based upon the differing UM policy language employed by American Family.
Richert focuses entirely on a critical analysis of the following definition in American Family's policy:
"3. Uninsured motor vehicle means a motor vehicle which is:
a. Not insured by a bodily injury liability bond or policy at the time of the accident."
Richert contrasts that definition with the State Farm policy applicable in Cummings which referred to the "ownership, maintenance or use" of the other vehicle. 13 Kan. App. 2d at 633. He contends that the State Farm uninsured motor vehicle definition narrowed the UM coverage to the minimum required by statute, both of which require a showing that (1) the ownership of the other vehicle was not insured; (2) the maintenance of the other vehicle was not insured; and (3) the use of the other vehicle was not insured. The UM claimant in Cummings could not meet State Farm's definitional requirements because the negligent driver's separate liability policy insured the other vehicle's "use."
To the contrary, Richert argues that American Family's policy definition only required him to show that the offending vehicle was not specifically covered by an insurance policy, whether the use of the vehicle was insured is of no consequence. His theory is that the omission of the "maintenance and use" language in American Family's policy manifested an intent to provide broader UM coverage than is statutorily mandated, and correspondingly broader than was provided by State Farm. Because American Family's policy broadens, rather than diminishes the statutorily required UM coverage, the policy controls the parties' respective rights. See Cummings, 13 Kan. App. 2d 630, Syl. ¶ 2.
Richert reminds us that an insurance policy provision is tested by what a reasonably prudent insured would understand the language to mean, not by what the insurer intended the language to mean. See Universal Underwriters Inc. Co. v. Hill, 24 Kan. App. 2d 943, Syl. ¶ 4, 955 P.2d 1333 (1998). He maintains that we must apply the plain and unambiguous policy provision as written and refrain from making a different contract for the parties. See Saucedo v. Winger, 22 Kan. App. 2d 259, Syl. ¶ 2, 915 P.2d 129 (1996). However, Richert omits any reference to the overarching methodology to be employed in construing the policy. "The meaning of a written agreement should always be ascertained by a consideration of all pertinent provisions and not by the critical analysis of a single or isolated provision." Marquis v. State Farm Fire & Cas. Co., 265 Kan. 317, Syl. ¶ 3, 961 P.2d 1213 (1998). See also AT&SF Ry. Co. v. Stonewall Ins. Co., 275 Kan. 698, Syl. ¶ 3, 71 P.3d 1097 (2003) (effect must be given to all pertinent provisions of an insurance policy construed together, rather than in isolation). Richert fails to place the policy definition in the context of the whole policy.
Uninsured Motor Vehicle Definition
Nevertheless, even if we were to look solely at American Family's uninsured motorist definition, we do not perceive that the language employed yields an unambiguous provision. The mere use of the term, "uninsured motor vehicle," suggests an ambiguity by intimating that an inanimate object is amenable to being independently protected against bodily injury claims. Richert punctuates this misconception by anthropomorphizing the Blazer as the "offending vehicle" which was "uninsured."
A vehicle, by itself, is incapable of being offensive and incapable of obtaining or choosing not to obtain bodily injury liability insurance. A vehicle possesses no cognition. It cannot independently owe or breach a duty of care nor can it be held legally liable for the claimant's bodily injury; one does not sue the vehicle. In other words, bodily injury liability coverage protects the living, breathing persons whose negligence caused the vehicle to injure another. It is inaccurate to say that a vehicle is insured or uninsured; the negligent person is either insured or uninsured. Perhaps that is why the coverage is called uninsured motorists, rather than uninsured vehicles coverage. Cummings hinted at this distinction when it said: "Since [the driver] was covered by a liability insurance policy, it follows that the vehicle itself was also covered and was not an 'uninsured vehicle' within the meaning of the policy." 13 Kan. App. 2d at 635.
A review of the bodily injury liability provisions of the American Family policy in the record corroborates our proposition that it is not the vehicle which is insured. The policy specifically excludes bodily injury liability coverage for "[a]ny person, other than a relative, using [the] insured car without [the insured's] express or implied consent." Therefore, even if the owners had possessed a policy specifically listing the Blazer as an "insured motor vehicle," Richert could not have collected under that policy for his bodily injuries caused by the negligent operation of the vehicle by a car thief. In Richert's parlance, the "offending vehicle" would have been "uninsured," even though it was described on an insurance policy.
Therefore, we reject Richert's attempt to distinguish American Family's uninsured motor vehicle definition from that involved in Cummings. At the time of the accident, the negligent driver's automobile policy insured, up to its limits, the damages inflicted on Richert by the Blazer because of the driver's negligence. The Blazer was not an "uninsured motor vehicle" under the American Family policy.
Statement of UM Coverage
Richert ignores the policy language which sets forth American Family's obligations under the UM coverage. The provision states:
"We will pay damages for bodily injury which an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle or an underinsured motor vehicle. The bodily injury must be sustained by an insured person and must be caused by accident and arise out of the use of the uninsured motor vehicle or the underinsured motor vehicle."
The boldfacing of a term indicates that it is defined in the policy. For purposes of the entire policy, the term "use" is defined as "ownership, maintenance, or use." For UM and UIM purposes: "uninsured motor vehicle" means a vehicle which is "[n]ot insured by a bodily injury liability bond or policy at the time of the accident"; and "underinsured motor vehicle means a motor vehicle which is insured by a liability bond or policy at the time of the accident which provides bodily injury liability limits less than the limits of liability of this Underinsured Motorists Protection."
We believe a reasonable insured would understand from the policy that if he or she is injured in an accident for which the owner or operator of the other vehicle was at fault, but where there is no bodily injury liability coverage available to pay for the insured's injuries, the insured may claim uninsured motorists benefits. However, if there is bodily injury liability coverage available from the owner or operator of the other vehicle, the applicable claim is for underinsured motorists protection, not uninsured motorists coverage.
Here, we are presented with an underinsured scenario. A bodily injury liability policy covered Richert's damages, but the tortfeasor's liability limits were inadequate, i.e., he was underinsured. Unquestionably, Richert could have had a UIM claim under his American Family policy, but for the fact that he purchased limits of liability for his own policy that did not exceed those of the tortfeasor. See Halsey v. Farm Bureau Mut. Ins. Co., 275 Kan. 129, Syl. ¶ 4, 61 P.3d 691 (2003) ("where the UIM coverage equals or does not exceed the limits of the bodily injury coverage carried by the owner or operator of the other motor vehicle, there is no UIM coverage"). We cannot accept that a reasonable insured would believe that an underinsured claim somehow transforms into an uninsured claim simply because the insured chose inadequate UIM limits on his own policy.
UM Limits of Liability
Even if the policy could be read to permit Richert to file a UM claim, other provisions would effectively preclude his collecting or keeping any additional monies. Under the portion of the policy describing the UM and UIM coverage, Part III, a limits of liability subsection contains the following language:
"The limits of liability of this coverage will be reduced by:
1. A payment made for the same damages by the owner or operator of the uninsured motor vehicle or organization which may be legally liable." (Emphasis added.)
Richert received a $100,000 payment from the insurer of the legally liable operator. The payment was to cover the same damages for which Richert was claiming UM benefits. Therefore, Richert's per person liabilility limit of $100,000 would be reduced by the $100,000 payment from the tortfeasor, resulting in a net UM liability limit of $0.
We do not believe American Family's limits of liability reduction provision violates Cummings' prohibition against a policy provision that diminishes or dilutes the statutorily mandated minimum coverage. The statute which mandates UM coverage also contains an anti-stacking provision, which provides:
"Coverage under the policy shall be limited to the extent that the total limits available cannot exceed the highest limits of any single applicable policy, regardless of the number of policies involved, persons covered, claims made, vehicles or premiums shown on the policy or premiums paid or vehicles involved in an accident." K.S.A. 40-284(d).
Thus, the legislative intent appears to be that a UM claimant can expect that the maximum insurance recovery he or she will receive for an accident is an amount equal to the limits of the one applicable policy which contains the highest limits. Here, that amount is $100,000 which Richert has already received. At oral argument, Richert conceded that if the owners had been insured with the same liability limits as the driver, 100/300, Richert would not have collected any more in bodily injury liability payments. Thus, it is counterintuitive to expect to stack UM limits on top of bodily injury limits, when neither bodily injury limits nor UM limits may be stacked.
Insurer's Recovery Rights
In addition, Richert's policy invests his insurer with certain rights to recover policy benefits. Under Part VI, General Provisions, subparagraph 5, the policy includes the following language:
"b. When we pay damages under this policy to a person who also collects from another, the amount collected from the other shall be repaid to us to the extent of our payment."
If American Family were to pay Richert $100,000 in UM benefits, the foregoing provision would require Richert to repay American Family the $100,000 collected from the tortfeasor. Thus, Richert would not keep anything more than the maximum allowable recovery of $100,000.
The Kansas uninsured motorist (UM) statutes, K.S.A. 40-284 et seq., do not require an insurer to provide UM coverage for an insured's injuries which are sustained in an accident where either the owner or the driver of the other vehicle has a bodily injury liability insurance policy which covers the accident and which provides liability limits equal to or more than the minimum limits required by Kansas law. An insurance policy that defines an uninsured motor vehicle as a motor vehicle which is "[n]ot insured by a bodily injury liability bond or policy at the time of the accident" does not, by that definition alone, broaden or extend the policy's UM coverage beyond the minimum coverage mandated by statute.
Considering all pertinent provisions of Richert's American Family policy, giving effect to each provision without isolating any single provision, we are convinced that a reasonably prudent insured would understand that the uninsured motorists coverage is unavailable for the same damages covered by the negligent driver's bodily injury liability insurance policy and that the UM limits cannot be added to or stacked upon the recovery obtained from the tortfeasor.


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A 6,000-acre wildfire south of Banning that burned an undetermined number of homes prompted authorities to call for mandatory evacuations and the closure of a portion of Highway 243 on Wednesday.
There was no estimate on when firefighters might have the blaze contained.
Three firefighters were injured but the type and extent of the injuries were unknown, fire authorities reported.
One civilian was burned and flown out of the area to a hospital, U.S. Forest Service spokesman John Miller told the Associated Press.
Just how many structures were damaged or destroyed was not known Wednesday evening but a damage assessment team was called in to help make that determination, said Julie Hutchinson, a spokeswoman for Cal Fire.
The team could be at the scene by the morning.
Mandatory evacuations were in place for Poppet Flats, Twin Pines and Silent Valley, according to the Riverside County Fire Department website. The communities of Vista Grande and Mount Edna were later added to the list of mandatory evacuations.
Two evacuation centers were set up, at Hemet High School, 41701 E. Stetson Ave., the other at Beaumont High School, 39139 Cherry Valley Blvd.
An evacuation center for animals was set up at San Jacinto Valley Animal Campus, 581 S. Grand Ave., San Jacinto.
The fast-moving blaze, which is being referred to as the Silver Fire, required the closure of Highway 243 between Banning and Azalea Trail in Poppet Flats, authorities said.
For a time, a group consisting of an unknown number of residents and Riverside County sheriff's deputies, who were assisting in the evacuation efforts, were unable to leave an area along a highway, Hutchinson said.
The fire blocked their exit but the group did get assistance in leaving the area, Hutchinson said.
The fire was reported shortly after 2 p.m. Wednesday in the area of Wolfskill Truck Trail and Mount Edna Road, according to the Riverside County Fire Department website.
The area is located south of the 10 Freeway and between Highway 79 and Highway 243.
At one point, the fire was about 300 acres and quickly grew to more than 2,500 acres. By late afternoon the fire had grown to about 5,000 acres.
Wednesday evening the fire had grown to about 6,000 acres, Hutchinson said.
More than 500 firefighters were battling the blaze from the ground and the air.
At one time, five helicopters and four air tankers were being used.
By late evening three night-flying helicopters — two from Los Angeles County and one from the Forest Service — were making water drops in an effort to stop the blaze.
A total of 71 engine companies were at work on the ground along with 14 fire crews and three bulldozers.
Multiple structures in the Twin Pines area were affected by the fire, Riverside County firefighters reported.
The Beaumont-Cherry Valley Recreation and Park District announced Wednesday afternoon that Noble Creek Community Park was being used as a fire camp and would be closed to the public until further notice.


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Space Riders: Galaxy of Brutality #2 pg. 11 by Alexis Ziritt
Original art for the SPACE RIDERS: GALAXY OF BRUTALITY comic published by Black Mask Comics 2017.
Ink on 11x17" comic art board. Free shipping in the US.
Please note: This is original production art and it may reflect the general handling of the pages by the artist (bends, creases, smudges, etc.) and other results of the creation of the page (blue line pencil, ink marks, white out, cut out/pasted panels, and so on).


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In order to protect these hardworking folks who make the Green Bay Packers run like the Super Bowl winning machine they are from losing their livelihood, I have come up with a moneymaking scheme. A scheme so simplistic, you'd think someone would have thought of it already, especially someone on the grounds crew. In the absence of training camp and possibly a portion of the season, I suggest planting row upon row of cabbage on the practice fields and Lambeau itself and when the crop is ready, making Lambeau Field Lockout Kraut. I can't think of a better way to create a source of funds for staff payroll in the absence of football. People will flock from regions far and wide to get a tour of the cabbage crops and the pickling room (I suggest the visitors' lockerroom, as the smell will linger long after the lockout has ended). Following the tours, people will clamor for a bratwurst condiment grown and produced at the home of the Packers.
I personally plan on buying two giant tubs and mounding this delectable pickled cabbage product on the first brat I eat when celebrating the eventual start of football...whenever that may be. I can also feel proud of myself that I am helping out the good folks who work at 1265 Lambeau.
Remember, it's important to not only support the team, but to support the whole Packer family.


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Jeep purists might hate it, but as John Davis explains, there's a lot to love about the new Cherokee beyond what meets the eye.
In fact, Davis says that the look isn't as macho as a "sleeveless denim jacket," which I know is what I wear when I want to show off how manly I am. It's also heresy that it's derived from a crossover. I mean, come on!
Still, it is capable off road and can go basically anywhere. Look at it climb those rocks!
Ok, enough of my blathering, learn more about the Cherokee and its average energy impact score.


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VIDEO: Channing Tatum Talks Oscars, Fatherhood & More on ELLEN
Channing Tatum stopped by ELLEN and talked about a recent trip to Africa. Then, from her sleeping habits to her taste in music, the new dad told Ellen about his daughter and parenthood. Later, Tatum spoke about his experience on last year's Oscars and why he's excited to go back!
Check out clips from the appearance below!
About ELLEN:
Host Ellen DeGeneres continues to deliver uplifting, inspiring, and hilarious experiences to viewers. Ellen's talent, personal warmth and insight have earned her recognition as a global entertainer and household name. Through her show, she brings her humor and talent for tackling topical issues into viewers' lives with her distinctive style touching every aspect of the show.
The show continues to bring even more star power this season with top guests including Justin Bieber, the cast of "Jersey Shore," Usher and many more. Ellen will tackle even more discussions of the day, allowing viewers to connect with the world through Ellen's wide perspective on a number of important issues.
"The Ellen DeGeneres Show" has become the daytime destination for laughter and fun. Bringing a refreshing perspective to daytime television, Ellen's engaging personality and unique take on everyday life invite a relaxed and candid environment and allow her guests to engage in entertaining and thoughtful discussions on topical issues. The environment also often leads to having moments of unpredictable fun, illuminating celebrities "in the moment," and saying and doing things viewers won't experience anywhere else. When members of Hollywood's A-list and Ellen get together, anything can happen -- from dancing with First Lady Michelle Obama to Christmas caroling with Britney Spears,l to catching George Clooney after setting numerous "Clooney traps."
The show features a diverse mix of celebrity interviews, musical performers, audience participation and segments spotlighting everyday people with extraordinary stories and talents. "The Ellen DeGeneres Show" continues to be a destination for the world's biggest stars. In addition to Clooney, guests have included Brad Pitt, Reese Witherspoon, Justin Timberlake, Penelope Cruz, Halle Berry and Drew Barrymore, to name a few.
In addition to celebrity interviews, the show includes chart-topping musical performers and breaking new acts. The show has featured an eclectic catalogue of performances ranging from music legends Cher, Madonna, Paul McCartney, Prince and Sir Elton John, to pop superstars Beyoncé, Lady Gaga, Pink and Mariah Carey, to smooth R&B and hip-hop artists Kanye West, The Black Eyes Peas and Mary J. Blige, to top country musicians Keith Urban, Taylor Swift and Rascal Flatts. Ellen has also drawn from her own cutting-edge musical tastes to offer national exposure to hot emerging talents including British sensation Duffy and R&B soul singer Estelle


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YossiH necesitaba un nuevo diseño de logotipo y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 60 diseños de 16 diseñadores freelance.
openQloud, powered by SYNAQ
SYNAQ is a pioneering technology company situated in South Africa that develops email services and solutions for small to medium sized businesses in Africa. Our solutions are all delivered via "the-cloud". Meaning that we've invested in all the technical stuff (the hardware, the software, the people, the systems, etc) so that our customers can get all the good stuff (spam free email, email archiving, email collaboration and more) without having to worry about the technicalities behind it or the cost.
We are a young company passionate about what we do and changing the world in our own small way. Our company mantra is "reducing the barriers to technology" and we're passionate about making technology simpler, more affordable and more accessible for our customers.
We are about to launch a new initiative that we believe will revolutionise the industry and want to create a logo / brand that will become synonymous with this revolution.
In Africa, bandwidth is extremely expensive and is the major inhibitor preventing companies from embracing cloud computing. We want to break this barrier by giving our customers free, unlimited bandwidth (Internet access) to our cloud services. i.e. they wont pay for any of the bandwidth that they use to access our email services. This is what we call "openQloud" unlimited high-speed access to the cloud, at zero cost.
more at http://www.synaq.com
The target audience for this campaign are IT Managers, Financial Directors and Managing Directors of small to medium sized businesses (50 to 500 people) that are interested in moving their email systems to the cloud but have always been hesitant to do so because of the perceived bandwidth related costs and speeds in doing so.
They are generally male and between the ages of 28 and 45. English speaking. Are normally not too technical but understand enough about technology and the latest buzz words (like cloud computing). Are in charge of the IT department within their company and have limited technical resources available to them at the company which they represent.
What they are looking for is an affordable hassle-free way to solve their email problems with the peace of mind that everything is taken care of by a focused and reputable provider so they can focus on their core business and not have to worry about email.
Therefore the brand image that needs to be portrayed by the openQloud logo is one of a highly innovative company but one that is serious about the reliability, affordability and professionalism of the solution being offered.
The openQloud logo also has to depict what the service is doing, essentially opening up the cloud providing our customers with high speed free access to our cloud services.
We're looking for a logo that we can build a brand with. Something that can immediately depict to our potential customers what openQloud is about - that we're here to remove the barriers to technology for our customers and revolutionise their accessibility to the cloud, for free - while showing that we are a professional, reputable and reliable company. The logo will be used on all marketing collateral, a dedicated openqloud.co.za website (Still to be built) and in the media.
To deliver the free cloud service, we have formed a joint venture with a market leader in internet connectivity, a company called VoxDatapro (http://www.voxdatapro.co.za). They have launched a product called Fishbone (http://www.voxdatapro.co.za/fishbone/default.asp).
Fishbone allows companies to take multiple ADSL lines and combine them into one single pipe providing high speed internet access. The solution is extremely effective however very costly. Through our openQloud offer, customers can get the benefits of Fishbone but at zero cost - simply by signing up for any of our email services.
In financial terms they will be saving approximately 60% of what they would normally spend for a Fishbone, while getting the benefits of our email services.
The logo must also state, powered by SYNAQ.
I.e. openQloud, powered by SYNAQ so that the companies brand is strongly associated with the openQloud campaign.
Descubre cómo funciona un concurso de diseño u obtén más información sobre nuestros servicios de diseño de logo.


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Latest News
Father killed in Miami home invasion robbery while protecting little girl
As she slept Tuesday night, a real-life nightmare unfolded in an 11-year-old girl's home.
Two men, heavily armed, broke into her family's Model City home, demanded cash and then shot Maurice Renard Harris, 36, several times as he tried to protect his family.
The killers, with bandanas covering their faces, then fled.
"These men are beasts," Miami police spokeswoman Kenia Reyes said Wednesday. "A little girl was asleep when she was surprised by the gunfire. The father was just trying to protect her."
Watching the whole thing: Harris' wife of six years, Shakila Stewart.
"He meant everything to me," Stewart said. "He was my provider."
During an emotional news conference at police headquarters Wednesday afternoon, Stewart pleaded with anyone who might have information about her husband's slaying to come forward.
"It would mean the world to me and it would give [our] kids closure," she said.
The couple also have a 15-year-old son who was not home at the time of the invasion.
Her husband had no enemies, Stewart said. "Everybody loved him."
Neighbors said the family had moved into the home about six months ago.
Miami Police Sgt. Confesor Gonzalez said the intruders targeted the home, but didn't know the residents.
Harris had been out earlier and might have been followed home, police suggested.
According to police, the armed men entered the home at 4315 NW 16th Ave. just before midnight and demanded cash. When Harris said he didn't have any money, the men grabbed an unidentified item and headed toward a bedroom where the 11-year-old girl was sleeping.
That's when Harris, trying to defend his family, wrestled one of the men to the floor and was shot several times, police said. The armed men ran out the door and vanished.
Miami Fire-Rescue took Harris to Jackson Memorial Hospital's Ryder Trauma Unit. He died minutes later.
"To say this is a senseless death would be a huge understatement," Gonzalez said. "The sanctity of their home was violated."
Police said they are looking at other recent home break-ins to see if there is a pattern.
"These guys may have done this before and may do it again," Gonzalez said.
A man who identified himself as Harris' landlord but said he didn't want to be named called the family "excellent tenants."
"It's a sad, sad situation," he said, adding that his family has owned property in the neighborhood for 49 years. "[The incident] is very strange for this strip [of houses] right here."
Neighbors say Harris had a medical condition which prevented him from working.
According to a Miami Herald records search, Harris had been arrested several times, charged with selling cocaine, drug possession, loitering, resisting arrest and battery. He was convicted on the drug and loitering charges.
Protecting his family from harm was in her husband's nature, Stewart said. "He was a devoted father; he loved me and his kids."
A family member said the 11-year-old girl talked of the "demons" who came into the home and how much she missed her father, but knows how much he loved her.
"We never get used to seeing a daughter lose her father," Gonzalez said.
Police are asking that anyone with information call Miami-Dade Crime Stoppers at 305-471-8477.


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It was almost Cinco de Mayo and everyone at Amoeba was drunk! Well...OK, not really. But people were bidding as if they were drunk (on Tequila and agua de melon spiked with Cuervo).
On Saturday, May 4 we had a lighting-speed auctioneer, bestselling author Gustavo Arellano, hosting our Cuatro de Mayo charity auction to raise money for the Youth Orchestra of Los Angeles (YOLA). He was also available after the auction to sign copies of his book, Taco USA: How Mexican Food Conquered America.
In case you're not familiar, Gustavo is also a lecturer with the Chicana and Chicano Studies department at California State University, Fullerton. He writes "¡Ask a Mexican!," a nationally syndicated column in which he answers any and all questions about America's spiciest and largest minority. The column has a weekly circulation of over 2 million in 39 newspapers across the United States, won the 2006 and 2008 Association of Alternative Weeklies award for Best Column. In addition, Gustavo is a lifelong resident of Orange County and is the proud son of two Mexican immigrants (one of whom was illegal).
The recipient of Saturday's auction was Gustavo Dudamel's Youth Orchestra of Los Angeles (YOLA) program – inspired by Venezuela's revolutionary El Sistema. The LA Phil and its community partners provide free instruments, intensive music training, and academic support to students from underserved neighborhoods, enabling every child to contribute using their full potential. YOLA changes lives – one child, one family, one community at a time.
Gustavo was amped (though he says he doesn't do caffeine) and ready to hammer, chide, and generally shame people into higher bids, "C'mon....you're gonna let a little girl outbid you???" He was quick-witted and fast, and it was fun to watch him have a good time up there. "Alabama Shakes?? What about South Carolina Tremors??" There were a string of one-liners and fast quips making the auction whiz by and all the onlookers have smiles on their faces.
And as always, Amoeba matched all winning bids and 100% of auction funds go straight to the charity.
This month's auction highlights:
- Bjork tickets $75.00
- Trader Joe's gift certificate
- Vintage Sesame Street lunchbox $65.00
- Mumford & Sons tickets $45.00
- Alabama Shakes tickets $65.00
- The Black Angels tickets $20.00
- FEAR tickets $25.00
- 4 passes to the Natural History Museum of Los Angeles $25.00
- Brew café gift card + Amoeba coffee mug $20.00
- Amoeba VIP in-store passes to show of your choice! $30.00
- A second Amoeba VIP pass $25.00
- 2 passes to see movies at Sundance Sunset Cinemas 5 along with a signed Santana DVD $30.00
- Cinco de Mayo music pack (Gustavo's picks) $30.00
- Special limited edition Record Store Day goodie bag filled with 45s, limited edition t-shirt, etc. $40.00
- Beatles package: tote bag, mugs, pens, stickers, Paul McCartney Live at Amoeba poster & more. $45.00
- Gustavo Arellano book and rock & roll grab bag $30.00
- Ol Dirty Bastard promo item and hip-hop button pack $30.00
- Third Man Records mason jar and cozy $10.00
All together the audience bid $610.00 and with the Amoeba match this means $1,220.00 going directly to the Youth Orchestra of Los Angeles, providing instruments, lessons and all the richness that a music education and ensemble work provides! YAY!! Love it. Thanks so much Gustavo!


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What DeMint tells us about D.C.
South Carolina Sen. Jim DeMint accomplished very little in the Senate in the traditional sense: He wasn't a legislator, has no signature laws to his name and has never been part of any major bipartisan negotiations.
But the fact that DeMint leaves the chamber as one of its best-known conservative senators shows how a message man relying on the outside P.R. game can become a powerhouse in his party — often with more influence than the Senate's old bulls and their laundry list of accomplishments.
Story Continued Below
( Also on POLITICO: With a new leader, Heritage rising)
It also shows how the powerful, ideologically rigid voices outside Capitol Hill urging Republicans to stay true to their conservative principles tend to be the real driving forces in the halls of Congress. And it underscores how both parties have seen their respective caucuses grow younger and more partisan, overtaking the consensus-minded senior senators who are more inclined to compromise.
As Congress grapples with a debt crisis it must resolve before year's end, DeMint's sudden announcement Thursday that he'd quit his seat in January to head the conservative Heritage Foundation shows where he thinks the real power center in his party resides.
"I honestly think I can do a lot more on the outside than I can on the inside," DeMint said after delivering a speech to an enthusiastic crowd at The Heritage Foundation.
( PHOTOS: Jim DeMint's career)
It's a striking acknowledgment for a man who was poised to ascend to the top Republican spot on the Commerce, Science and Transportation Committee in the next Congress. If he were to stay, DeMint would have a major hand rewriting the nation's highway policy and overseeing the country's aviation, passenger rail and telecommunications laws.
But given his emphasis on messaging over legislating, the 61-year-old's move to one of Washington's most influential conservative think tanks after a 14-year congressional career appears to be a natural choice.
"He's a good messenger; his skills as he says are in marketing and public relations," Sen. Lamar Alexander (R-Tenn.) said after DeMint briefly addressed his colleagues at a party lunch.
( Also on POLITICO: Think tank jobs a lucrative landing spot)
"I think it gives him the chance to play the kind of advocacy role that he really enjoys," said Maine Sen. Susan Collins, one of the few remaining GOP moderates.
DeMint had long promised to quit after his second term, which is up in January 2017. But virtually no one knew he would resign his seat this soon. After Heritage made DeMint the job offer on Wednesday, he informed a handful of his most trusted aides later that day. On Thursday morning, he stunned the rest of his staff with the news, as he did when he told Senate Minority Leader Mitch McConnell and South Carolina Gov. Nikki Haley (R), who will select an interim senator before a 2014 special election to fill out DeMint's term.
"I almost fell off my couch," said Sen. Lindsey Graham (R-S.C.), who met with DeMint privately in his office Thursday in the Senate Russell building. "I didn't see this coming."


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Browse by Medical Category
Learn more about this program
Request an appointment online
Contact our nurse coordinator at 857-238-4733
Friday, January 31, 2014
A team of specialists in gynecology and interventional radiology recently launched the new Fibroid Program at Massachusetts General Hospital. Dedicated to diagnosing and treating patients with uterine fibroids, the program offers access to a full range of multidisciplinary options for managing the often painful condition.
Approximately 20 to 50% of women of reproductive age have uterine fibroids, the most frequently seen tumors of the female reproductive system. While typically non-cancerous, they can lead to heavy or prolonged menstrual periods, pain, anemia and infertility.
John Petrozza, MD, and Gloria Salazar, MD, consult with a patient.
"The Mass General Fibroid Program is designed to offer women customized treatment options that reflect individual needs, lifestyles and medical histories," said John Petrozza, MD, Mass General gynecologist and reproductive endocrinologist and co-director of the program with interventional radiologist Gloria Salazar, MD.
"Rather than sending a patient over here for a checkup, and then over there for another opinion, we provide one access point for all her care." he said.
Patients of the program have the option to meet with both a gynecologist and an interventional radiologist during their initial consultation. Treatment options may include minimally invasive laparoscopy, hysteroscopy and ablation; myomectomy and hysterectomy; uterine fibroid embolization (UFE); medical treatments or watchful waiting.
"The Mass General Fibroid Program is truly a collaborative, multidisciplinary effort," said Dr. Salazar. "By bringing together experts throughout the hospital, we give our patients more options for managing their fibroids, which we believe can lead to better outcomes. We are able to minimize the time between diagnosis and treatment because all aspects of care are managed seamlessly under one program, by one nurse coordinator."
The program's nurse coordinator handles all aspects of a patient's care including scheduling appointments and connecting patients to additional resources such as translation services and financial coordinators. Doctors in the program work closely with obstetricians, gynecologists and primary care providers to ensure that treatments are well coordinated with a patient's ongoing care. They are also available for consultation and second opinions.
In addition to providing coordinated care for women, the Mass General Fibroid Program aims to improve the standard of care for the condition. By analyzing patient data over time, Drs. Salazar and Petrozza anticipate gaining additional insight into the benefits of different approaches to managing fibroids for different patients.
To learn more about the Mass General Fibroid Program, visit massgeneral.org/fibroids. To schedule an appointment or refer a patient, please call 857-238-4733 or use our online request form.
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malibud necesitaba un nuevo diseño de tema de wordpress y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 74 diseños de 16 diseñadores freelance.
Our company's mission statement is to have fun while helping others have fun. We began by adding unique and exciting elements to upscale events such as photo flipbook stations or photobooths - our tagline for these services is: "lasting memories were never so much fun!" Last year we also started Fun Flicks outdoor movie parties and Battle Blast mobile laser tag parties to broaden our customer base -- these packages are ideal for backyard birthdays and for larger, more laid back events where our service is the feature of the night.
75% of our current business is weddings, so the site has to be bride and event-planner friendly. However, we also do a lot of other events for other age groups + demographics, including bar/bat mitzvahs, school events, corporate holiday parties, etc.
We want to get rid of the current cartooney feel of our website in favor of something that is classier but still fun. Everything, including the logo, can be replaced.
Color scheme-wise, I am not tied to anything in the current site. I just don't want anything too pink or overtly girly.
I'd like the home page to continue to feature our unique services in some way. It also should feature our latest blog postings and have links to our Facebook and Twitter accounts. I also want the contact us link to be highlighted and stand out from the rest of the links, as well as a link to our online photobooth event gallery.


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General Questions
How much does the program cost?
Your prescription discount card is provided to you free of charge by the county.
Does everyone in my family need an individual card?
No, everyone in the family may use the same card if desired.
I just received my card. Can I use it right away?
Yes, just use your card to start saving immediately. Present your prescription discount card at a participating retail pharmacy when you fill or refill your prescriptions.
I've lost my card. How can I get a replacement?
Please click on the "Print Your NACo Card Today" link (on the right-hand side of this page) or call toll-free
Can I use my card to get discounts on over-the-counter products and non-prescription medications?
Not usually. However, discounts are available for many diabetic supplies.
How is this prescription discount program different from traditional prescription insurance?
This is not insurance; it is a prescription discount program. The card provides immediate discounts at the pharmacy. Upon presenting your card to the pharmacist, you will pay the lower of a discounted price or the pharmacy's regular retail price. There are no claim forms to fill out and no limit to the number of times you can use the card. These discounts are available only at participating retail pharmacies.
Can I use my prescription discount card with my current insurance benefit to reduce my costs?
Your card cannot be used in conjunction with insurance. However, you are able to use your card to purchase prescriptions that are not covered by these plans.
Can I still use my prescription discount card if I sign up for a Medicare prescription plan?
Yes, you can use your prescription discount card anytime you need to purchase a prescription that is not covered by your Medicare prescription plan or any other insurance.
Should I use my prescription discount card during my deductible and coverage gap periods for
covered medications?
No, only use your prescription discount card to purchase non-covered medications.
Can I use my prescription discount card in addition to my Medicare prescription plan and get
additional discounts?
No, you need to present either your Medicare prescription plan card or your prescription discount card. Only use your prescription discount card when purchasing medications not covered by your Medicare prescription plan.
I'm not going to sign-up for a Medicare prescription plan. Can I still use my prescription discount card?
Yes, you can continue to use your prescription discount card just as you do today.
Using the Program for Pet Medications
Can I use this card to get discounts on my pet's medication(s)?
Yes, if your pet has been prescribed a medication that is also used to treat a human condition, you may receive a discount on the medication by taking the prescription to a participating retail pharmacy.
How does the program work for pet medication(s)?
The program only works for pet medications dispensed from a participating pharmacy. These are the same medications that would also be used to treat human conditions. Examples are medications for seizures, heart conditions, infections, allergies, pain relief, diabetes and anti-depressants used to treat behavioral disorders in animals.
How do I get a prescription for my pet's medication(s)?
Talk to your veterinarian during your pet's visit to see if the pets prescribed medications are also used to treat human conditions. If so, you can request a written prescription from your veterinarian to take to a participating pharmacy. Take the written prescription(s) and your NACo Prescription Discount card to any participating pharmacy. Find a pharmacy.
Pharmacy and Pricing Questions
Which pharmacies accept the card?
The prescription discount card is accepted at more than 60,000 retail pharmacies nationwide, including many of the leading chains. Ask your local pharmacy if they participate, search using the "Find a Pharmacy" link (on the right-hand side of this page) or call toll-free 1-877-321-2652 to find out if a specific pharmacy participates in the program.
How much will I save?
While savings on each prescription may vary, you can save an average of 24 percent off of the pharmacy's regular retail prices for prescriptions. In addition, you may save more by choosing from our list of select medications. This list is comprised of products offering additional savings.
Will I always receive the lowest price?
Yes, you will receive the best price available to you through this program at the pharmacy. On occasion, pharmacies will price a particular medication lower than the discount rate provided by the card. If that occurs, you will receive the lower price.
Can I find out the discounted price of my prescriptions before going to the pharmacy?
Because prices can vary by location, only the actual pharmacy can tell you the exact price of the prescription. However, you can look up an estimated price for medications using the "Look Up Drug Prices" link (on the right-hand side of this page) or call toll-free 1-877-321-2652.
Why did the price of my prescription change since the last time I purchased the prescription?
Medication prices are different from pharmacy to pharmacy. Even chains have different prices in their stores depending on the population they are servicing. Additionally, manufacturers' medication prices change periodically.
The brochure says I can save an average of 24 percent on my prescription medication. Will I save 24 percent on all my medications?
Because a pharmacy's retail price or usual and customary charge can differ greatly by pharmacy, your exact percentage of savings may vary depending on the prescription.
Do I have to choose between my prescription discount card and a retail pharmacy flat rate generic pricing plan?
No, always present your prescription discount card at a participating pharmacy so you will receive the lowest price available from the pharmacy for that prescription medicine on that day. You will receive the flat rate price when applicable and the prescription discount card discounted price when it is lower.
Should I still present my prescription discount card at a retail pharmacy when buying generic medicine listed on a flat rate generic pricing plan?
Yes, always present your prescription discount card when buying prescriptions not covered by a prescription drug benefit plan. For medicine on a generic pricing list, you will pay either the flat rate or the prescription discount card price, whichever is lower.
If I show my prescription discount card, can I get an additional discount off a generic medicine listed on the flat rate pricing plan?
No, when presenting your prescription discount card, you will receive either the pharmacy's regular price for the prescription medicine or the prescription discount card discounted price, whichever is lower. If the flat rate price for select generics is lower than the prescription discount card price, you will pay the flat rate. With the prescription discount card, you will receive the best price available for your prescription medicine on that day from that pharmacy.
Can I use my card to get a three-month supply of my prescription(s)?
If you would like to obtain a three-month supply of your prescription(s), you have access to mail service through this program.
About Specialty Pharmacy
What is specialty pharmacy and what kinds of services do they offer?
Specialty pharmacy offers delivery of injectable and select oral specialty medication and supplies to the location of your choice. Services include delivery notification and refill reminder calls to help you stay on your treatment plan. You'll also receive expert care services including counseling, follow up care calls, informative disease-related materials, and access to health experts 24 hours a day, seven days a week.
What drugs are offered through specialty pharmacy?
Medications for a variety of chronic conditions including multiple sclerosis, rheumatoid arthritis, cystic fibrosis, hemophilia, infertility, immunologic disorders, Crohn's disease, Gaucher disease, pulmonary hypertension, Fabry disease, MPS 1, blood dyscrasia, growth hormone deficiency, respiratory syncytial virus, hepatitis C and more are available through specialty pharmacy.


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Gomes, McAllister lead Indians past Tigers 3-2
DETROIT (AP) — Yan Gomes hit a two-run triple, Zach McAllister allowed a run and four hits in six innings and the Cleveland Indians held on for a 3-2 win over the Detroit Tigers on Wednesday night.
McAllister (2-0) walked two and struck out four and John Axford pitched the ninth for his fifth save for Cleveland, which had lost 18 of its previous 23 against Detroit.
Axford got out of a jam with a runner on third to seal the win. Alex Avila doubled and went to third on an error by center fielder Michael Bourn with one out. Axford then struck out pinch hitter Don Kelly and got Rajai Davis on a groundout to end the game.
Brian Shaw pitched a scoreless seventh, but Cody Allen gave up an unearned run in the eighth when Indians manager Terry Francona called for a replay review on the play at first base on a bunt single by Detroit's Ian Kinsler and the safe call was upheld. That put runners on first and second with no outs. Torii Hunter grounded into a double play and Miguel Cabrera singled to make it 3-2. Victor Martinez followed with a single, but Allen fanned Austin Jackson to end the inning.
Miguel Cabrera drove in both runs for the Tigers. Detroit starter Anibal Sanchez (0-1) gave up three runs — two earned — and two hits in five innings, walking four and striking out eight.
Gomes gave the Indians a 3-1 lead in the second with his triple that scored Asdrubal Cabrera, who reached on an error by Cabrera at first, and David Murphy, who walked.
Murphy made sliding catches in right on line drives by Nick Castellanos in the second and Cabrera in the fourth.
Cleveland got a run in the first as Sanchez minimized the damage after walking the first three batters to load the bases. No Indians batter swung at his first 19 pitches before Carlos Santana grounded into a run-scoring double play on pitch No. 20. Sanchez then got Michael Brantley on a foulout to end the inning.
Detroit tied it at 1 in the bottom of the first on Cabrera's RBI groundout.
NOTES: All players on both teams wore No. 42 in observance of "Jackie Robinson Day." Tuesday was the official celebration around the majors, but the game between Detroit and Cleveland was postponed due to inclement weather. It was 42 degrees when the game began Wednesday night. . Cleveland CF Michael Bourn made his season debut after missing the first 13 games with a left hamstring strain he suffered during spring training. Bourn came off the disabled list Tuesday. He was 0 for 4 with a walk and a run scored. . Due to early season postponements, Detroit LHP Drew Smyly — the Tigers' fifth starter — has yet to start a game. He has made two relief appearances and hasn't allowed a run in six innings. Smyly is scheduled to make his first start Friday. . Thursday afternoon's scheduled starters are RHPs Justin Verlander (1-1, 2.57 ERA) for the Tigers and Danny Salazer (0-1, 6.75) for the Indians.


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The boy who saved Christmas and Home alone yesterday.
The boy who saved Christmas and Home alone yesterday.
When it seems the magic slipped away...
We find it all again on Christmas Day.
*Seeing isn't believing.Believing is seeing.*
I'm watching the movie "Chasing Christmas" right now.
Merry Snowy Christmas
Love & Peace to the World
The Santa Clause - The original one is definately the best film.
The Santa Clause, 1984..
Merry Christmas to all...
The Santa Clause 2
We just watched Jake & The Neverland Pirates. It's a regular cartoon but they had a special "holiday" episode. They refused to use the word Christmas though. Instead, they said, "Merry Winter Treasure Day". LAME!!!!!!
I love Outdoor Christmas Lights!!
Watched Home Alone and about to watch The Holiday
Christmas Angels are watching over you
Frosty The Snowman. Also watched An Elf's Story.
I love Outdoor Christmas Lights!!
Last night we watched A Christmas Story.
I love Outdoor Christmas Lights!!
The night b4 Christmas
And this shall be a sign unto you: Ye shall find the babe wrapped in swaddling clothes, Lying in a manger.
- St. Luke ii.


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The Defector Walkthrough
Reach the defector's safe room
You will crash into the admin building and be armed with just the SPAS-12 "Dragon" and a Commando with a red dot sight and grenade launcher. Start the killing, but note that there are civilians amongst the hostiles.
The presence of civilians means you with-hold fire until the enemy kills them off. Proceed to neutralize after the coast is clear. Beware of ambushes from enemies past areas you cannot go to. The fires obscure lots of stuff.
To minimize you being held accountable for friendly casualties (game over instantly), let the enemy kill the civilians before you return fire. For game-purposes, it will be the A.I. enemy who kills them.
Bonus Task - The Dragon Within Stick with the SPAS-12 (not yet made back in 1968) loaded with incendiary ammunition and neutralize the enemies as you go forward. If you use just that weapon exclusively before meeting Reznov, you should get the total 10 or 15 kills needed for the condition.
The enemies have FN-FALs (Belgian made, and sold to the British as marksman rifles) so stick with what you have for now. FN-FALs only fire semiautomatically in Black Ops, meaning they lack the versatility of fully auotmatic weapons.
Regroup with the team outside and escape[edit]
There should be slain MACV guards with dropped Commandos (also not invented yet back in 1968). Replenish your ammunition for the 552, but don't take any new weapons unless you feel your starting Commando 552 is insufficient for the operation. Having "multiple attachments" is generally better unless the weapon is completely lacking in what you need it to do.
Defector - Intel 1 After Reznov at the safe room, there is a tape player in the small security room to the building's exit. If you step outside of the MACV building, you went too far.
The fighting outside is generally long range, but your red-dot sight is sufficient. This is because you will get your hands on some heavy firepower in about 60 seconds.
Bonus Task - Raining Pain Kill 20 enemies with air support only. You have infinite usage of the UH-1B gunship (call sign "Texas") until you reach the extraction point, so there's no real reason for you to expose yourself to danger before. Simply call (and re-call) the gunship to chop up the enemies in the enemy buildings before you waltz down the streets of Saigon. You're welcome to die and retry from the checkpoint if you need more bodies.
A crazy vengeful Russian veteran teamed up with a homicidal American G.I. This is called a win-win situation. Your grenades should have been expent on the losers attacking the embassy lobby. That's not a worry, as you will pick-up a UH-1B gunship for your street battle.
There's a rookie with a radio asking for support near the revetment over-looking the street. Talk to him, take the radio and use air support to work your way down the street.
Defector - Intel 2 On the street where the allied APC is destroyed by the enemy tank, there is a tape player inside one of the adjacent buildings. Put the Vietnamese movie theater (down the street) behind you and walk straight forwards until the edge of the map (a building) blocks you. The building that you're looking for is in the corner of the street, and on your right.
Destroy the tank[edit]
Follow the M113 (callsign "Bottom Feeder") until it turns right and trundles down the street towards the Vietnamese theater. Duck into one of the side houses so you have a sniper's view of the enemy tank. Call in the UH-1B (callsign "Texas") and that's one less tank, and four less NVA to worry about.
This is easy ... with the right tools. If you were marching behind the friendly APC while calling in airstrikes, you might have died in the explosion. You may want to stick to the sides of the street and work through the buildings while calling down strikes.
Flank and destroy the ZPU[edit]
The next tank will not be easy, as the enemy has an anti-air ZPU unit covering it. Hence, before you can attack the tank, you need to destroy the ZPU, and doing that is an involving task.
Assist Woods in opening the door, then head upstairs to flank the ZPU. Shoot/kill all the VC on floor 2, mantle over the window and head downstairs. The game kicks you into the next zone.
For one thing, head into the building and get the cinematic explosion. Once that occurs, head upstairs and take out the enemies there. Mantle through the window to the next building and head downstairs.
Waste the little buggers in the plaza, and locate the room underneat the firing AA gun. Stand on the table and place the (story-based) explosive. Head outside and then detonate. In the rare instance when you do not see the hologram of the C4 charge, you may have scrolled off Reznov by moving ahead too quickly. You may need to re-do the entire level (if restarting from the checkpoint doesn't resolve this issue).
When Mason and Reznov get up again, destroy the enemies at the plaza, then place the det-pack on the marked spot of the ceiling. When you are at a safe distance, trigger the explosive and your gunship will return and destroy the enemy tank. You should also get your airstrike option back.
Survive until the escape vehicle arrives[edit]
Your fireteam and the defector should arrive in a wide plaza by the riverside. The escape point is the dock on the water, but you need to wait until the boat arrives. Use the mines and remote charges to trap the streets leading to the center of the area.
Defector - Intel 3 A tape player is in a corner building of the LZ. Look for a building with the sign "DAK"; there is an opening in the wall where you can head into this building (note that enemies spawn inside to attack you once you trigger them). Alternately, you can see if you can't take cover in the building near the dockside. Enemies don't really rush your position, and once the boat arrives, you can escape just by getting on (and finish the mission).
The gate to the escape vehicle is on the wharf past the purple smoke at the LZ. Find a safe place to hold up (away from the eyes of enemies) and from where you can laze the tank so Texas can blast it while you make a run for the extraction point. With 20 seconds on the clock once the EV arrives, you don't have much time.
About the only thing you should worry about is the enemy tank that growls in near the building where the intel was. The cannon can kill allies on the hardest difficulty, so you will need to call down an airstrike A.S.A.P. while you head for the escape vehicle.
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As a world-renowned commercial, fashion and celebrity photographer, Olympus Visionary Maki Kawakita knows how to put her high-profile clients in the best light possible. And, as a model for her self-portrait Makirama series, Maki knows how to work it on the other side of the camera, too.
With the social media world continuing to explode and expand, it's now important to look your best online. We've enlisted Maki to provide some tips on looking better in your social media profile picture—whether you're shooting with an FE, Stylus, PEN or DSLR.
1. Your social media profile picture should represent who you are now.
Social media is all about the "now" factor. And your profile picture is your social media first impression. Maki says, "Ensure you are wearing your favorite clothes, make up and accessories. If your tastes or interests change tomorrow, you can always change your picture!" Take the picture yourself, setting up the camera eight to 10 feet away and using the camera's self-timer function. Or, enlist a friend to get behind the lens.
2. Think about using a new in-camera art or magic filter.
Your social media profile photo is an opportunity to express yourself and let your creativity shine. Many of Olympus' cameras now come with in-camera art or magic filters that let you illuminate your mood and personality with a variety of special effects: Grainy Black-and-White Film, Pop Art, Soft Focus, Diorama, Gentle Sepia, Fisheye, Drawing Mode and more. Maki says, "If your camera doesn't have an art filter, consider shooting yourself at an artistic angle, switch your camera to black and white mode or frame just a portion of your body." Shoot from down low to make yourself appear tall and elongated. Shoot just your eyes to present a bold, adventurous window to your social media soul.
3. Give your photo a wax job.
When you sell a car, you buff it with wax to ensure it's looking its best and sparkles in the sun. The same rules apply to your profile photo. Maki says, "If you want to look soft, light your picture with warm light. This will even out skin tone and cut down on shine." To further enhance this effect, Olympus' newer point-and-shoots offer a "Beauty Mode" function that automatically smoothes complexions, removes blemishes and cuts down on wrinkles. But if soft isn't for you, Maki recommends playing with lighting to reflect your nature and mood. "If you want to look strong and energetic, use harder lighting like sunlight around noon or one light source to create a shadow."
4. Make-up is not only for the ladies.
Maki tells, "Men and women should consider face powder shortly before taking their picture to eliminate any glossy spots." If you have set up lights to take your picture, this powder will even your skin tone under these lights. And speaking of lights, glance at a nearby lamp or light source right before you take your photo. When pupils focus on something bright, they shrink, reducing the potential for red-eye. Now, you'll have clear skin—and eyes—for your photo.
5. Determine what is important to you and then let the world know.
What makes you feel whole? Maki says, "Do you love your dog? Include him in your picture. How about your Great Aunt Martha's ruby red slippers? Wear them in your picture. Do you love living in your city? Take a picture in your favorite local coffee shop." Enriching your picture with life props that mean something to you will tell social media users more about yourself and complete your image.
6. Find your color.
Maki explains, "White has a natural defusing effect. Similarly, red will warm your skin tone, blue with cool it down and yellow will give you a rich, golden effect." Whether it's the clothing you're donning, the make-up you're wearing or the photo's background, color often sets the mood of your photo. And don't forget to play around the White Balance (WB) on your camera. Doing so will affect the general warmth or coolness of your picture.
7. White teeth equal a better smile.
Try using whitening strips on your teeth a couple days or weeks before shooting your picture. Maki says, "The last thing you want to be remembered for is your darkened or yellow teeth." Show them those pearly whites!