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No. 92,7901
1. The standard of review concerning the grant or denial of judgment as a matter of law is the same as that for a directed verdict. When ruling on a motion for directed verdict, the trial court is required to resolve all facts and inferences reasonably drawn from the evidence in favor of the party against whom the ruling is sought. Where reasonable minds could reach different conclusions based on the evidence, the motion must be denied. A similar analysis must be applied by an appellate court when reviewing the trial court's grant or denial of a motion for directed verdict.
2. An insurance agent or broker who undertakes to procure insurance for another owes to the client the exercise care duty, which is the duty to exercise the skill, care, and diligence that would be exercised by a reasonably prudent and competent insurance agent or broker acting under the same circumstances.
3. Whether expert testimony is required to establish the standard of care applicable to insurance agents in a negligence action depends on the facts of the particular case and whether the agent's professional skills and expertise are involved in the breach.
4. A contract to procure insurance may arise when the agent has definite directions from the insured to consummate a final contract; when the scope, subject matter, duration, and other elements can be found by implication; and when the insured gives the agent authority to ascertain some of the essential facts.
6. The expression of a desire to procure insurance followed by an oral affirmation of that desire is not enough to create a contract to procure insurance. Creation of a contract to procure insurance requires that the agent know or have ready access to the information needed to procure the insurance or be able to imply the terms from prior dealings. If the insured gives authority to the agent to obtain some information, he or she must do so explicitly. Moreover, prior dealings are supportive only to the degree that they supply essential elements from which the insurance agent can complete an insurance contract.
Appeal from Wyandotte District Court; PHILIP L. SIEVE, judge. Opinion filed October 28, 2005. Affirmed in part and reversed in part.
Robert R. Laing, Jr., of Overland Park, for appellant/cross-appellee.
Randolph G. Willis and John L. Kellogg, of Rasmussen, Willis, Dickey & Moore, L.L.C., of Kansas City, Missouri, for appellee/cross-appellant.
Before GREEN, P.J., JOHNSON, J., and LARSON, S.J.
GREEN, J.: The plaintiff, Manuel Fernando Casas, sued the defendant, Marty Robbins Insurance Agency, Inc., (Agency) for failure to procure a homeowner's insurance policy. A jury trial resulted in a verdict in favor of the Agency. Casas brought his action against the Agency based upon both a contract and a tort theory. The Agency moved for dismissal of Casas' negligence claim on grounds that Casas neglected to produce expert testimony to establish that Robbins had breached his duty of care as an insurance agent. The trial court granted this motion. In addition, the Agency sought dismissal of Casas' contract claim on grounds that Casas failed to establish an oral contract to procure insurance. The trial court denied this motion.
Casas appeals the trial court's granting of the Agency's motion to dismiss his negligence claim. The Agency cross-appeals the trial court's denial of its motion to dismiss Casas' oral contract claim. We conclude that the trial court properly dismissed Casas' negligence claim. We further determine that the trial court erred in failing to grant the Agency's motion to dismiss Casas' oral contract claim. Accordingly, we affirm in part and reverse in part.
In August 2003, Casas sued insurance agent Marty Robbins and Farmers Insurance Exchange (Farmers) after his home was destroyed by a tornado and Farmers denied homeowner's insurance coverage. Casas and Farmers later reached a settlement, and Farmers was dismissed from the case with prejudice. Casas' tort and contract actions against Robbins proceeded to a jury trial.
According to Casas' testimony at trial, Casas telephoned Robbins, who was an independent agent with Farmers, in May 2002 and told him that he needed homeowner's insurance coverage. At the time, Casas had both car insurance and renter's insurance with Farmers. Casas had originally obtained car insurance in 1997 or 1998 with a different agent through Farmers. Nevertheless, Casas had been assigned to Robbins in early 1999 when Casas' previous agent stopped working for Farmers.
When Casas called Robbins in May 2002, he reported that his van had been stolen and recovered and that there was some damage to it. Casas testified that he also told Robbins that he was purchasing a new home. Casas further testified that he gave Robbins the price of the home and the address and told him that he needed coverage for it. According to Casas, Robbins told him that "he was going to take care of it." Casas indicated that Robbins' statement made him believe that Robbins was going to get him the proper insurance coverage for the house.
Casas admitted that he did not discuss with Robbins the date that he was moving; the construction of the house; the style of the house; the square footage; the number of bedrooms, bathrooms, or fireplaces; the amount financed; the financing arrangement; the loss-payee, if any, that should be listed on the policy; the policy period; the premium amount; or the deductible. Casas further admitted that he did not discuss with Robbins whether there was going to be coverage for contents, for additional living expenses, for debris removal, or for cleanup. Casas indicated that he did not sign an application for insurance coverage in May 2002 or ever receive anything in writing regarding a homeowner's policy on the house in question.
During Robbins' testimony, he indicated that it is necessary to know most of the above information before a homeowner's policy is written. Robbins further indicated that he did not have the authority to issue a homeowner's policy without this information. Moreover, Robbins indicated that it was not permissible for him to promise or issue a homeowner's policy if the application has not been signed by the customer and the premium has not been paid.
Robbins' version of the May 2002 telephone conversation differed significantly from that given by Casas. Although Robbins agreed that Casas called and reported the damage to his van, he denied that Casas said that he was buying a new home and that he needed homeowner's insurance. According to Robbins, Casas was upset that his van had been stolen for the second time in 6 months and indicated that he wanted to move into a safer neighborhood. Nevertheless, Casas did not give him any specific information concerning his intention to move. Robbins indicated that Casas just made a general statement that he wanted to get into a better neighborhood but did not indicate that he was definitely moving. Robbins' computerized notes, which were taken at the time of the May 2002 conversation, were consistent with Robbins' testimony. These notes failed to indicate that Casas told Robbins that he was buying a home, that he wanted Robbins to procure homeowner's insurance, or that Robbins offered to issue homeowner's insurance.
On May 13, 2002, several days after Casas' phone conversation with Robbins, Casas purchased the house located at 2401 North 102nd Street in Kansas City, Kansas, through a contract for deed. The purchase price of the house was $135,000. Reid Roberts was the owner and builder of the house. Casas agreed to make monthly payments to Roberts and to refinance the home within 24 months so that the remaining balance could be paid in full. Casas moved into the house on May 14, 2002.
According to Robbins, his computerized notes reflect that he again spoke with Casas in August 2002. Robbins also had handwritten notes from this phone conversation. At that time, Casas added an auto policy with Robbins' agency and also added his wife to the coverage. In addition, Casas notified Robbins that his address had changed to 2401 North 102nd Street. Robbins indicated that this was the first time that Casas had notified him about the change of address. Robbins further indicated that it was the Agency's standard practice to ask if there were any other changes that the insured would like to make to the policy other than the address change and that Casas responded that there were not.
Casas' home was destroyed by a tornado on May 4, 2003. The next day, Casas called the Agency to report the loss. According to Casas, he spoke with someone other than Robbins and was told that Robbins would call him back. When Robbins called back later that day, Casas was standing on the concrete foundation of his destroyed home and received the call on his cellular phone. Casas testified that Roberts, who owned the house next door and had been talking with Casas about the damage, was next to him when Robbins called. Casas put the call on speakerphone. According to Casas, Robbins told him that there was a problem with the insurance. Robbins advised Casas that he only had renter's insurance and not homeowner's insurance. Casas testified that Robbins admitted that he remembered Casas calling him the prior year and telling him that Casas was buying a new house. Nevertheless, Robbins indicated that he never made the change on Casas' policy. Robbins told Casas that he was going to call Farmers' main office and see what he could do to take care of it.
Roberts corroborated Casas' testimony regarding the May 2003 telephone conversation. Roberts indicated that he was beside Casas when Robbins called, that Casas put the call on speakerphone, and that he was able to hear the entire conversation. According to Roberts, Robbins said that he remembered Casas previously calling and saying that he was buying a new home. Nevertheless, Robbins said that he never got Casas' policy changed from renter's insurance. Robbins indicated that he was going to call the home office and see what needed to be done.
At trial, Robbins denied telling Casas during the May 2003 phone conversation that he had discussed homeowner's insurance with him in May 2002. Robbins further denied telling Casas that he remembered Casas stating that he was going to buy a house. According to Robbins, during the May 2003 conversation, Casas wanted to know the amount of coverage on his policy. Robbins told Casas that he had $20,000 coverage for personal property plus coverage for additional living expenses. Casas then wanted to know the amount of coverage on the house. Robbins told Casas that he did not have coverage on the house and that he had a renter's policy because someone else owned the house. Casas informed Robbins that he had bought the house the previous year. Casas told Robbins: "You and I had a conversation about that last May, that I was moving into a safer neighborhood." At that point, Robbins went back and looked through his computer notes and read them to Casas. These notes failed to indicate that Casas had mentioned a homeowner's policy.
According to Robbins, he asked Casas if he ever received a homeowner's policy from Robbins or from Farmers, if he received evidence of insurance or a binder of insurance, if anything was ever mailed to his mortgage company, if Casas ever made any payments that could help Robbins track down the policy. Casas responded that he had not. Robbins then asked Casas: "How was I to know that you needed homeowner's coverage if you didn't report these things?" Casas stated: "That is your job."
At trial, the Agency introduced reproductions of several Farmers documents that purportedly had been sent to Casas. These included declarations pages covering the periods from May 1, 2002, to May 1, 2003; from August 9, 2002, to May 1, 2003; and from May 1, 2003, to May 1, 2004; and a March 10, 2003, offer of renewal of renter's insurance. The trial court admitted these documents over Casas' objections. Casas admitted that he had received several documents from Farmers between the time of the May 2002 phone conversation with Robbins and the day after the tornado. Although Casas could not recall the specific documents he received, he did not deny receiving the declarations pages and renewal notice. Moreover, Casas indicated that he probably received the Farmers declarations pages. The Agency also introduced an invitation sent out from its office inviting customers to go over their insurance coverage. Robbins indicated that Casas would have received an invitation each year. Although Casas indicated that he did not remember when he received the invitations, he testified that he remembered seeing things like it.
When Casas was cross-examined about the declarations page covering the May 1, 2002, to May 1, 2003, period, he indicated that a statement in the upper left-hand corner of the page revealed that it was a broad form renter's policy. Moreover, the page listed "coverage for the property, the dwelling, or mobile home" as "not covered." On redirect examination, Casas testified that the declarations page contained the word "Homeowners" beneath the word "Declarations" in the top right-hand corner. Casas indicated that he continued to pay his premiums throughout the spring and summer of 2003.
In his suit, Casas raised contract and negligence claims against Robinson. At the May 2004 trial, the trial court signed an amended pretrial order where Casas agreed to amend the pleadings to substitute the Agency as the defendant in the case. In addition, the amended pretrial order which was agreed to by the parties set forth Casas' claims as follows: (1) that Robbins "was negligent in not procuring the proper insurance which [Casas] had requested from Defendant Marty Robbins and which Marty Robbins said he would procure for [Casas] and which Defendant Robbins should have known was necessary;" and (2) that Robbins "breached the contract to procure insurance for [Casas] by not actually procuring the insurance with Farmers Insurance Company which was needed for Mr. Casas' newly purchased home." Casas sought damages of $172,000 from Robbins.
Within the amended pretrial order, the Agency also set forth his legal theories as to why Casas was not entitled to relief on his claims. The Agency maintained that Casas did not have an insurable interest in the property at the time of the May 2, 2002, phone conversation. In addition, the Agency asserted that no oral contract to procure insurance existed because Robbins never made any statements indicating that he would procure homeowner's insurance for Casas. The Agency maintained that Casas never requested that Robbins procure homeowner's insurance for him. Moreover, the Agency asserted that Casas should have been aware that he only had a renter's policy because he had been sent an offer to renew the renter's policy. The Agency contended that Casas' failure to review or object to this offer of renewal estopped Casas from claiming that he had a homeowner's policy.
At the close of Casas' evidence at trial, the Agency filed six motions requesting judgment as a matter of law on Casas' claims. The trial court heard arguments from each of the parties on these motions. In ruling on these motions, the trial court stated: "[F]rankly, Counsel, I just haven't had–I don't haven't had the time and don't have the time now to look deeply into these cases that are cited. I'm going to decide these the best I can." The trial court granted the Agency's motions for judgment as a matter of law on Casas' negligence claim and claim for collateral damages. The trial court also granted the Agency's motion for judgment as a matter of law requesting that Casas be required to elect between his inconsistent theories of recovery, that is, his breach of oral contract claim and his negligence claim. Moreover, the trial court denied the Agency's motion for judgment as a matter of law on Casas' breach of oral contract claim and the Agency's estoppel defense. The trial court also denied the Agency's motion for judgment as a matter of law in which the Agency argued that Casas did not have an insurable interest in the house. The case was ultimately submitted to the jury, which rendered a verdict in favor of the Agency.
First, Casas argues that the trial court erred in granting judgment as a matter of law on his negligence claim due to the absence of expert testimony. K.S.A. 2004 Supp. 60-250(a)(1) governs when the trial court may grant judgment as a matter of law on a claim or defense raised by a party:
"If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue."
Under a previous version of 60-250, the legislature used the term "directed verdict" instead of "judgment as a matter of law." See K.S.A. 60-250(a) (Furse 1994). In reviewing the trial court's decision granting or denying judgment as a matter of law, we apply the former directed verdict standard of review. White v. Tomasic, 31 Kan. App. 2d 597, 600, 69 P.3d 208 (2003).
"'When ruling on a motion for directed verdict, the trial court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought. Where reasonable minds could reach different conclusions based on the evidence, the motion must be denied. A similar analysis must be applied by an appellate court when reviewing the grant or denial of a motion for directed verdict.' [Citation omitted.]" Wilkinson v. Shoney's, Inc., 269 Kan. 194, 202, 4 P.3d 1149 (2000).
The Agency argued before the trial court that its motion for judgment as a matter of law on Casas' negligence claim should be granted because there was an absence of evidence that Robbins breached the standard of care for a reasonably prudent insurance agent. The Agency pointed out that Casas had made an untimely attempt to endorse an expert witness. The trial court sustained the Agency's motion for judgment as a matter of law on the negligence claim.
Nevertheless, Casas argues that expert testimony was not necessary in this case to establish that Robbins was negligent in failing to procure a homeowner's insurance policy. Casas maintains that the common knowledge exception applies in this case.
Casas cites to Bi-State Dev. Co., Inc. v. Shafer, Kline & Warren, Inc., 26 Kan App. 2d 515, 990 P.2d 159 (1999), where this court discussed the common knowledge exception. There, the court recognized that in order to maintain an action for negligence, the plaintiff needed to show a duty, breach of that duty, injury resulting from the breach, and that the breach proximately caused the injury. 26 Kan. App. 2d at 517. The court noted that in cases involving professional actions and whether the professional deviated from the standard of care, expert testimony is often necessary to establish the standard of care. Nevertheless, the court recognized that the common knowledge exception applies "when a lay person's common knowledge is sufficient to recognize a deviation from the accepted standard of care." 26 Kan. App. 2d at 518.
In Marshel Investments, Inc. v. Cohen, 6 Kan. App. 2d 672, Syl. ¶ 1, 634 P.2d 133 (1981), this court set forth the standard of care that applies to an insurance agent who undertakes to procure insurance for another: "An insurance agent or broker who undertakes to procure insurance for another owes to the client the duty to exercise the skill, care and diligence that would be exercised by a reasonably prudent and competent insurance agent or broker acting under the same circumstances." The court referred to this standard of care as the "exercise care duty." 6 Kan. App. 2d at 683. Based on the language in Marshel, in order for Casas to establish an action for negligence in tort based on Robbins' failure to procure insurance, he would need to show what "a reasonably prudent and competent insurance agent or broker acting under the same circumstances" would have done and that Robbins breached this "exercise care duty." 6 Kan. App. 2d at 683.
The question is whether the jury, using its common knowledge, would recognize a deviation from the "exercise care duty" in this case or whether expert testimony was necessary. Neither Casas nor the Agency cite to any case within this jurisdiction that has addressed the issue of whether, or under what circumstances, the negligence of an insurance agent must be established by expert testimony. In Annot., Necessity of Expert Testimony to Show Standard of Care in Negligence Action Against Insurance Agent or Broker, 52 A.L.R.4th 1232, 1234, it was stated:
"Whether expert testimony is required to establish the standard of care applicable to insurance agents who are charged with negligence depends to a large extent on the nature of the alleged negligent act. While no court has suggested that expert testimony is necessary where the agent's breach is so obvious that it is within the ordinary knowledge and experience of lay persons, several courts have taken the position that expert testimony as to the standard of care is required where the breach involves the agent's professional skills and expertise.
"No clear standard has evolved for determining whether a particular negligent act sufficiently involves an agent's professional skills so as to require the use of expert testimony."
Therefore, it appears that whether expert testimony is required to establish an insurance agent's standard of care really turns on the facts of each case as to whether the breach involves the agent's professional skills and expertise.
Casas cites to DiMarino v. Wishkin, 195 N.J. Super. 390, 479 A.2d 444 (1984), and Consolidated Sun Ray, Inc. v. Lea, 401 F.2d 650 (3d Cir. 1968), cert. denied 393 U.S. 1050 (1969), to support his position that expert testimony was not required to establish his negligence claim. In addressing the third-party defendant broker's argument that there was an absence of expert testimony, the DiMarino court stated that expert testimony is not required to show the culpability of an insurance broker when there has been a failure by that broker to meet the minimum established standard of care. In that case, there was a failure by the broker who undertook to procure a replacement policy for the third-party plaintiff to obtain requested coverage. DeMarino is distinguishable from the instant case, however, as the facts of DiMarino indicate that the broker had previously written insurance for the third-party plaintiff and that the third-party plaintiff was merely requesting a replacement policy. Consolidated Sun Ray, Inc., is also distinguishable from the instant case. There, expert testimony was found to be unnecessary to show the standard of care where the insurance broker had explicit directions from its insured to procure a specific type of insurance and to name a particular corporation as an insured but failed to do so.
Research of case law from other jurisdictions does not reveal a factual situation like the present case. As indicated above, the question of whether expert testimony is required to establish an insurance agent's standard of care in a negligence action turns on the facts of the particular case and whether the agent's professional skills and expertise are involved in the breach. See Annot., 52 A.L.R.4th 1232.
Under the facts of this case, Casas needed to show what a reasonably prudent and competent insurance agent would have done with the information allegedly provided by Casas during the May 2002 phone conversation. For instance, would a reasonably prudent and competent agent have understood that the information obtained during the phone conversation created a duty to obtain homeowner's coverage? Was there enough information provided to go out and procure a homeowner's policy? Would a reasonable and prudent agent need to get back with Casas and get additional information? All of these questions come within the "exercise care duty" and it is clear expert testimony is necessary to establish this standard of care.
Nevertheless, in arguing that the common knowledge exception applies here, Casas maintains that the alleged negligence issue in this case is very simple: did Robbins procure or obtain the homeowner's insurance which Casas requested and Robbins acknowledged he would procure? At trial, however, Casas indicated that his negligence theory involved whether Robbins, based upon his background, should have asked further questions that would have enabled him to procure the insurance. Specifically, Casas stated the following regarding his negligence claim:
"[A]s you heard Mr. Robbins testify, he's got an excellent background in this area, and he should have known what to do for my client. He should have known the questions to ask. When Mr. Casas said he was moving to a new house, he should have known that he needed to ask another question there, which would have led him to another series of questions which would have got this job done."
These statements indicate Casas' negligence claim relied on Robbins' expertise as an insurance agent to ask further questions and to procure the homeowner's insurance.
Like DiMarino and Consolidated Sun Ray, Inc., Marshel is both instructive and distinguishable from this case. In Marshel, the applicant wanted "control of well" insurance coverage. Evidence was presented that control of well coverage was "unusual." 6 Kan. App. 2d at 685. Expert testimony indicated that control of well coverage was generally obtained through specialty companies. 6 Kan. App. 2d at 685-86. Moreover, evidence showed that the control of well coverage would have been subject to a $25,000 deductible clause and that the annual premium would have been $2,250. As a result, the Marshel court stated that the "[insurance agent] did not find himself unable to proceed without a more complete and detailed understanding." 6 Kan. App. 2d at 684.
Unlike Marshel, no evidence was introduced as to what type of homeowner's insurance coverage should have been procured in this case. Moreover, no evidence was presented on what the deductible would have been or what the annual premium would have been. A lay juror would not necessarily know whether Robbins had been furnished with sufficient information to procure a homeowner's policy or whether Robbins was obligated to ask further questions.
The negligence elements of duty and breach in this case involved Robbins' professional skills and expertise as an insurance agent. To send the negligence issue to the jury without expert testimony to establish what a reasonably prudent and competent insurance agent would have done under the same circumstances and whether Robbins had breached this standard of care would require the jurors to improperly engage in speculation on questions outside of their knowledge. The common every day knowledge of persons would not allow them to know the degree of skill, care, and diligence required of a reasonably prudent and competent insurance agent acting under the same circumstances. Casas had the burden to furnish the necessary expert testimony in this case to establish the duty and breach elements of his negligence claim. Because he failed to do so, the trial court properly granted judgment as a matter of law in favor of the Agency on Casas' negligence claim.
In its cross-appeal, the Agency argues that the trial court erred in denying it judgment as a matter of law on Casas' oral contract claim. The Agency contends that as a matter of law, Casas failed to present sufficient evidence which would allow a reasonable juror to find in his favor on his claim of breach of an oral contract to procure a homeowner's policy. This court's standard of review is set forth in the first issue raised by Casas in this case.
The question to be answered is whether, when resolving all facts and inferences reasonably to be drawn from the evidence in favor of Casas, a reasonable person could find that an oral contract to procure insurance was formed between Casas and Robbins and that Robbins breached the contract.
The Utah Supreme Court's decision in Harris v. Albrecht, 86 P.3d 728 (Utah 2004), is instructive on this issue. In Harris, Albrecht was an insurance agent employed by Rick Albrecht Insurance Agency, Inc., but sold insurance policies exclusively through State Farm Fire & Casualty Company (State Farm). Beginning in 1989, Harris obtained an automobile insurance policy through State Farm from Albrecht. Thereafter, Albrecht procured various insurance policies for Harris, including an umbrella policy, as well as coverage for his house, boat, and recreational vehicle. Most of the business between Harris and Albrecht was conducted through telephone conversations. Harris and Albrecht spoke by telephone every couple of months. Generally, Harris would request insurance coverage, and Albrecht would fulfill Harris' requests without detailed discussion of the different types of coverages.
Harris then contacted Albrecht in 1997 to obtain business insurance for his architectural firm. Harris directed Albrecht "'to place business and fire coverage on [his] equipment and the contents [of his office.]'" 86 P.3d at 730. According to Harris, Albrecht responded that "'he would take care of [it]," and "'he would come out and look at [the] equipment.'" 86 P.3d at 730. Several months later, a fire destroyed the building where Harris' architectural firm was located. Architectural plans and other valuable papers were lost in the fire. Harris called Albrecht and asked: "'You placed that [business] coverage we talked about, didn't you?'" 86 P.3d at 730. Albrecht responded: "'We talked about it Ken, but we never did anything about it." 86 P.3d at 730. Harris sued Albrecht, alleging breach of a contract to procure insurance and negligent failure to procure insurance. The trial court granted summary judgment in favor of Albrecht on these claims. The Utah Court of Appeals reversed the grant of summary judgment. Albrecht appealed this decision to the Utah Supreme Court.
In determining whether an oral contract to procure insurance existed between Albrecht and Harris, the Utah Supreme Court cited Hamacher v. Tumy, 222 Or. 341, 352 P.2d 493 (1960). The Hamacher court stated that in order to find an agent liable for failure to procure insurance, the agent must have sufficiently definite directions from his principal to allow him to consummate the insurance contract. Nevertheless, noting that an express agreement is unnecessary and that many of the elements needed for an insurance contract can be found by implication, the Hamacher court stated:
"'In entering into a contract to procure insurance, obviously the owner is seeking the same ultimate objective, that is, a contract of insurance, but the performance for which he bargains is the services of the insurance agent in obtaining the best possible terms consistent with the owner's insurance needs. Such a contract could arise even though the agent was given the authority to ascertain some of the facts essential to the creation of the ultimate contract of insurance, such as the appraised value of the property to be covered or the most advantageous premium.'
"'. . . Obviously, liability for failure to procure insurance could not arise unless the agent had sufficiently definite directions from his principal to enable him to consummate the final insurance contract. . . . [A]n express agreement is not necessary; the scope of the risk, the subject matter to be covered, the duration of the insurance, and other elements can be found by implication.' [222 Or. at 349-50]" 86 P.3d at 731.
After setting forth this language from Hamacher, the Utah Supreme Court in Harris reached the following conclusion:
"Therefore, a contract to procure insurance may arise when the agent has definite directions from the insured to consummate a final contract, when the scope, subject matter, duration, and other elements can be found by implication, and when the insured gives the agent authority to ascertain some of the essential facts." 86 P.3d at 731.
Applying this reasoning to the facts in Harris, the Utah Supreme Court determined that "Albrecht did not have sufficiently definite directions from Harris to consummate the final insurance contract." 86 P.3d at 731. The court reasoned that in order for Albrecht to procure the business insurance for Harris, he needed to know the type of coverage that Harris wanted, the value of the items insured, the deductible amount that Harris wanted, why the business had not been insured, the start date of the policy, and whether there had been any previous losses. The court noted that Albrecht did not have any of this information as all of Harris' previous policies were personal. In addition, the court stated: "Harris has not cited any instance where a court has held that an insurance agent must procure part of an insurance policy while waiting for the remaining sections to be sufficiently identified." 86 P.3d at 732.
Moreover, the Harris court noted that the scope of the risk, subject matter to be covered, duration of the coverage, and other elements could not be established by implication. Further, Harris had not given Albrecht the authority to ascertain some of the essential facts but had only made a blanket request for insurance. The Harris court also found that previous dealings between the parties did not supply by implication the missing terms of the contract. The court stated: "Prior dealings are supportive only to the degree that they supply essential elements from which the agent can complete an insurance contract. Harris' personal insurance policies provided no information from which Albrecht could have inferred the necessary and missing terms for a business policy." 86 P.3d at 732.
In concluding that Albrecht did not have sufficient information from which the terms of a contract of insurance or a contract to procure insurance could be implied, the Harris court stated:
"The expression of a desire to procure business insurance followed by an oral affirmation of that desire is not enough to create a contract to procure insurance. Creation of a contract to procure insurance requires that the agent know or have ready access to the information needed to procure the insurance or be able to imply the terms from prior dealings. If the insured gives authority to the agent to obtain some information, he must do so explicitly." 86 P.3d at 732.
Finding that no contract to procure insurance existed between the parties, the Utah Supreme Court reversed the Court of Appeals' decision reversing the trial court's grant of summary judgment in favor of Albrecht.
The instant case is factually similar to Harris. Here, as in Harris, there was very little information exchanged between Casas and Robbins during the telephone conversation in which an oral contract to procure insurance was allegedly formed. According to Casas, during the May 2002 conversation, he told Robbins that he was buying a new house, gave him the price and address of the house, and said that he needed coverage. Robbins responded that "he was going to take care of it." Nevertheless, no information was given concerning the type of homeowner's policy that Casas wanted (Robbins' testimony indicated that there were several types), the amount of deductible that Casas wanted, and the date that Casas wanted the insurance policy to go into effect. This information concerns the essential elements, that is, scope of the risk and duration of the insurance, needed to consummate the final contract of insurance. The record indicates that Robbins did not have any of this information because Casas' other policies were for car insurance and renter's insurance. Further, Casas never filled out an application for homeowner's insurance to provide this information.
Moreover, there is nothing in the record establishing that this information could be identified by implication. Casas never introduced a "standard" homeowner's insurance policy. There was not any evidence presented about what a standard deductible would be or what the standard terms are in a homeowner's insurance policy. Moreover, Robbins did not provide any information about what a standard homeowner's insurance policy would cover. For instance, when Robbins was questioned about what coverages other than the structure would be included in a standard homeowner's policy, Robbins stated: "It's hard to know what to say [is] 'standard' simply because there's so many different variables that go into a policy." Moreover, Robbins indicated that there were several categories of information which were necessary to write a homeowner's policy and which Casas had not provided. Specifically, Robbins indicated that the following information was necessary: the date that a person is moving into a home; the construction of the house, which included the style of the home, type of siding, number of fireplaces, number of bedrooms and bathrooms, whether the basement was finished, and the square footage; the deductible; the loan amount; and the financing arrangement. Robbins indicated that once all that information was collected, a quote would be put together for the customer. Robbins further indicated that he would usually review the quote with several deductible options with the customer and talk about additional insurance that was needed. None of these things were discussed with Casas.
The evidence in this case fails to indicate that Robbins knew or had ready access to the information that was necessary to procure a contract for homeowner's insurance for Casas. The prior dealings between Casas and Robbins did not supply the essential elements from which Robbins could complete a homeowner's insurance contract. As set forth in Harris, "Prior dealings are supportive only to the degree that they supply essential elements from which the agent can complete an insurance contract." 86 P.3d at 732. Here, the prior dealings between Robbins and Casas related to the automobile insurance and renter's insurance policies. The record does not indicate, and Casas fails to allege, that there was anything in these policies from which Robbins could infer the necessary and missing information for the homeowner's insurance policy. As a result, the trial court should have granted judgment as a matter of law in favor of the Agency on Casas' breach of a contract to procure insurance claim.
Because we have determined that the Agency was entitled to judgment as a matter of law on Casas' negligence and contract claims, we need not address Casas' other contentions.
Affirmed in part and reversed in part.
1REPORTER'S NOTE: Previously filed as an unpublished opinion, the Supreme Court granted a motion to publish pursuant to Rule 7.04 (2005 Kan. Ct. R. Annot. 50). The published version was filed with the Clerk of the Appellate Courts on March 8, 2006.


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|By Ardamir. (Help; more articles)
Azanulbizar is a Khuzdul name for the valley between two arms of the Misty Mountains, and means "Dimrill Dale". The name was lent to the battle fought there.
It is called Nanduhirion by the Elves.
Tolkien explored various possibilities regarding the exact interpretation of the elements occurring in the name: it is either Azanul+bizar or Azan+ûl+bizar though the whole was to somehow express "Dimrill Dale".
Tolkien stated that "the Common Speech form is an accurate translation: the valley of the dim (overshadowed) rills that ran down the mountainside"[1]. In another point it is given as "Vale of Dim Streams" with three elements[2].
The first interpretation says that azan "shadows, dimnesses", -ul genitive marker and bizar "streams, rills"; in this interpretation it means "rills of shadows", and the word "dale" is understood (the full name being duban Azanulbizar).[3]
According to the second interpretation, bizar "dale" and ul "rill(s), streams"[2].
- ↑ A Tolkien Compass p. 182
- ↑ 2.0 2.1 J.R.R. Tolkien, Christopher Tolkien (ed.), The Return of the Shadow p. 466
- ↑ The Lord of the Rings: A Reader's Companion p. 269

subset: commoncrawl


text: Our entire stock of sound effects is now available in our "Producer Packs" Inside this "Cheerleading Sound Effects Producer Pack" you'll find all of our original female voice overs "Colors". All producer packs include an unlimited license for use in "Custom" mixes. Our sound effects are not for resale on any premade site, software, or other platform. Save big $ by purchasing in bulk!


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Welcome to your free-loan library for career education!
Resources@MCCE is the largest library of its kind in Missouri, designed to supplement and enhance your career education curriculum. To borrow materials, you must join the library. There is no cost for membership in the library, but you must provide your mailing and email information and create a userID and password for your account.
You may contact library staff by phone at (800)392-7217 or (660)543-8759 to borrow materials.
You may search the catalog by content area or Career Cluster.
Education & Training Cluster —
- Subcategories
- Child Development
- Life Planning & Management


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Movies.com, the ultimate source for everything movies, is your destination for new movie trailers, reviews, photos, times, tickets + more! Stay in the know with the latest movie news and cast interviews at Movies.com.
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Our cornerstone cash management product, Business Solutions, gives you real-time access to your accounts online. Depending on your business needs, you can view account balances and activity, transfer funds, originate ACH transactions, place stop payments, access your check images and bank statements, initiate wire transfers, pay bills and much more.
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Kay Commentary 2013-08-10
The following is a KSCO commentary. Here is Kay Zwerling:
Dear Listeners,
I would like to share with you one of the many letters I have received from Israel since its inception which may also fascinate you as it does me.
The Israeli Ben Gurion University is itself a miracle made from innovation.
This letter for help was written to me some time ago when Israel was very young and struggling merely to survive.
I no longer receive those letters for help because Israel is happily on her own.
Here is the letter:
Dear Mrs. Zwerling,
With the earth's temperature rising, and national resources dwindling, pollution worsening and the world's population growing, the global environment faces a challenge of seemingly impossible proportions – one that can take a miracle of innovation and determination to surpass.
So, it is no surprise that to meet the toughest environmental challenges, the world is turning to a specialist in both impossibility and innovation. Israel – specifically – the foremost maker of miracles in a nation built on them.
Also, the Ben Gurion University of the Negev.
As one of BGU's most loyal supporters, you know this institution itself is something of a miracle.
Israel occupies the one piece of ground in the Middle East where not a drop of oil resides. So, Israel is inventing methods for using what the Jewish State has in plentiful and permanently renewable supply – and that is the sun.
An Israeli physicist has invented a method using mirrors to concentrate the sun's energy, multiply it by a factor of 1000, and convert it to electricity – at a lower cost and smaller environmental impact than fossil fuels.
Israeli and BGU innovations are ready. Having invented a way to harness the sun's energy where it is useful, they have also figured out how to build homes which stay cool in the summer and warm in the winter.
Scientists there have partnered with an Israeli company to develop windows for homes that keep the desert sun's sweltering heat out during the summer – then can be reversed to solar heat the home in winter.
They are also revolutionizing water use, breeding fish in the desert, and re-using the water to irrigate olives, dates, and even grapes. By using each drop of water multiple times, they are maximizing this valuable and scarce resource.
These are examples of an exciting and promising convergence of technologies with environmental and economic promises.
And, this is the spirit the world needs to confront our most pressing environmental challenges – and this is an especially fitting moment to invest in it.
For KSCO, this is Kay Zwerling.
© copyright 2013


text: Sijun Forums :: View topic - Speed Pic: Tiki hut (?) Log in to check your private messages Sijun Forums Forum Index >> Work in Progress View previous topic :: View next topic Author Topic : "Speed Pic: Tiki hut (?)" mjmcchesneymemberMember #Joined: 26 Nov 2000Posts: 218Location: CT, USA Posted: Fri Jan 05, 2001 8:17 pm Well, jeffery and I did another topic painting, this time in the theme of a tiki hut (thanks Rivalz for the idea). As you can see, I sorta strayed from the topic a bit... Took about 45 minutes - 1 hour. My main goal was to experiment with a portion of Rembrandt's basic palette and apply that to nature. Anyway, rip it to shreds if you like...I'm planning on doing one or two of these each day. (My artistic skill is below sewer level, so I'm going to work harder and harder to improve upon it. ) (Oh, jeff and Rivalz, feel free to post yours too ) Back to top surferboimemberMember #Joined: 08 Jul 2000Posts: 311Location: Seb, Florida Usa Posted: Fri Jan 05, 2001 8:23 pm most fun ive had drawin in awhile even tho it sux. =) Back to top BinkememberMember #Joined: 27 Oct 1999Posts: 1194Location: Sweden Posted: Sat Jan 06, 2001 1:40 pm That looks pretty cool Stolln. ------------------ Art Dimensional Back to top jefferymemberMember #Joined: 02 Jan 2001Posts: 107Location: Toronto, ON, CA Posted: Tue Jan 09, 2001 7:26 am and i went crazy and cheated and worked on mine for 2 hours. so i won't post it here. i already posted it elsewhere. mjm, what exactly is the rembrandt palette? its been a long time since i've taken any art history courses, and if i knew in the past, i've forgotten. i wouldn't mind playing around with it too. ------------------ Make your eyes smile Back to top Display posts from previous: All Posts1 Day7 Days2 Weeks1 Month3 Months6 Months1 Year Oldest FirstNewest First Sijun Forums Forum Index -> Work in Progress All times are GMT - 8 Hours Page 1 of 1 Jump to: Select a forum Digital Art----------------Digital Art DiscussionWork in ProgressGallery/Finished Work Miscellaneous----------------Random MusingsArchive : Sep99 - Dec00 You cannot post new topics in this forumYou cannot reply to topics in this forumYou cannot edit your posts in this forumYou cannot delete your posts in this forumYou cannot vote in polls in this forum Powered by phpBB © 2005 phpBB Group


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Don't miss out on the Science Trivia Night, sponsored by the Proceedings of the National Academy of Sciences! Test your brainpower and see if you can outwit your friends and new acquaintances by knowing everything--or almost everything--about current scientific issues. Prizes will be awarded to the winning team.
Submit your question in advance – ten questions will be chosen from those sent in via email or the Koshland Science Museum's Facebook community.
Put together a team of friends, or come and meet new people while enjoying this fun and engaging night of science trivia and discussion. Topics will test your knowledge on the science of sleep, the content of the newly opened Life Lab exhibit, and other hot topics in science.
Tickets are $10, or $7 for students, and can be purchased at the door. Food, wine, and beer are free with the admission fee. Advance ticket purchase is strongly recommended as space is limited. For tickets, contact the Koshland Science Museum at 202-334-1201 or email@example.com. Admission includes light snacks, and prizes for 1st, 2nd, and 3rd-place winners.


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Science Friday® is produced by the Science Friday Initiative, a 501(c)(3) nonprofit organization.
Science Friday® and SciFri® are registered service marks of Science Friday, Inc. Site design by Pentagram; engineering by Mediapolis.
|The night of December 20 into the morning of December 21 will bring a lunar eclipse to the skies over much of North and South America. Over a period of 6 hours that night, the moon will gradually go through a total eclipse, with the moment of greatest eclipse occurring at 12:17 AM PST / 3:17 AM EST. We'll get viewing tips.


text: KSL, the Salt Lake City NBC affiliate owned by the Mormon church, is opting not to air NBC's new comedy The New Normal. The show's premise involves a gay couple who hires a single mother to be to be their surrogate. The station deemed the show, "inappropriate on several dimensions", presumably referring to the show's gay relationship and politically incorrect dialogue. KSL also chooses not to air Saturday Night Live. Last season, it refused to broadcast The Playboy Club. Another Salt Lake City station, KUCW, will air The New Normal on the weekend.


text: Richdg 267 Report post Posted September 26, 2013 Yes! hell yes! it is time for Red Wings hockey! The time of year when hope springs eternal, and everyone thinks they can win the Cup! Now, set your heart aside (hard to do I know) and tell us what you think will happen? I will go first. First thoughts. this team is a lot like last years team. going to be pretty good on D and struggle to score goals on a regular basis. IIRC we finished 8th in goals allowed and 22nd in goals scored last year. I really don't expect that to change much. But the D could get worse. I love our group fo talented young and big Dman. Of the 7 that should make the roster only 1-Kronwall is under 6-2. That is a big time change from just 3 years ago. The problem isn't talent, we have plenty. it is experience. There are legit reasons for the term "sophomore slump". I expect all of the younger guys to have down periods over the course of the year. Kindl-less than 2 full seasons, Smith-less than 1 full season, DeKeyser-less than 1 full season, Lashoff-less than 1 full season, are collectively very young and inexperienced. Q is Q and will look good some games and just terrible in others. Over the course of the season I think it will average out and we will end up in the top half of the league. maybe top third. Forwards are a different mix. We are still very much an offensively challenged team. Our forwards are very good defensive players which will help keep games close. But scoring goals will be a struggle all year. as of today there are only 5 forwards on the team that most of us would consider sure 20 goal scorers: Z, dat, franzen, Weiss, and Alfie. alfie is really a maybe. I don't think we have a 30 goal guy this year. if anyone does it Z and dat are the only real candidates. On the plus side young talent is on the way. tatar and Nyquist should be on the team-may not be due to numbers, Jurco and Sheahan are nearly there, with others coming. When injuries happen-and it will be an issue, we have some depth to step in/up. Overall I expect this team to end up somewhere between 6th and 10th in the east. I expect us to start strong. Our speed will help for the first 30-40 games. it is in the second half of the season that our lack of size and toughness will catch up with us. I see 40 wins, 8-10 OTL's and somewhere in the 95 point range when the season is done. In other words-same as last year but for a full season. of course a key injury and we are screwed-not going to tempt fate and name any names. Share this post Link to post Share on other sites


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By CONOR NICHOLL
The Hays Larks draw players from all over the United States, and sometimes from outside of the country. Athletes come from NCAA Division I, Division II and junior colleges, and occasionally the NAIA ranks. Sometimes, it takes time for the squad to come together. However, by the end of the first week this season, manager Frank Leo said a strong bond had formed, one of the quicker meshes in his 30-plus years.
On Tuesday, the Larks rode out a 45-minute rain delay before the game started, then scored five runs in the first two innings. Hays eventually held on to beat Liberal, 5-3, at Larks Park. Hays moved to 14-1, 10-1 Jayhawk League, while Liberal 8-7, 4-7. The Larks now have won 11 in a row.
"They were together, they believe in each other," Leo said.
"They are having fun with each other. The game of baseball has its ups and downs. When we hit a bump, hopefully these guys will be able to ride through that. In a long summer like this, in the heat of the summer, you are going to hit a bump. But I think we've got the kind of chemistry and the kind of makeup to handle that."
In the first inning, the Larks had the first three batters reach base. Aaron Cornell led off with a walk and Desmond Roberts singled up the middle. Jake Placzek moved to the No. 3 slot and played shortstop in place of Elvin Rodriguez, who drove down to Wichita for a tryout with an Independent League team. He bunted down the third base line to load the bases.
"We are all playing really loose," Placzek said. "When we are playing loose, we play with confidence. We hit the ball, play good defense, pitch really well. Just kind of all meshing together. That's what it takes to win."
Catcher Taylor Petersen then delivered a rare feat. He blasted an opposite field shot in the right-center gap that went 300-plus feet. However, Petersen broke his bat.
"He said he hit it good," Leo said. "The Major Leagues get all the best wood and we get what's left. If he had good, solid wood, it probably would have went out of the park. You can't figure that one out. How do you break a bat and almost hit it off the wall? We will take it, that's the kind of roll that we are on."
Petersen's hit scored two runs and ended up as a long single with Placzek held at second base. Petersen carries a .367 average and is tied for the team-high with 19 RBIs.
"It was an interesting swing, because honestly, I got the ball pretty good," Petersen said. "I thought I got it on the screws. There must have been something wrong with the bat, or maybe it was just its time to break."
Placzek went 3 of 3 with a walk and a three-run double that hit off the top of the wall in left-center field and caromed back into play in the second inning.
"I hit it pretty good," Placzek said. "I thought it was gone. It's whatever. I am kind of upset that it didn't go out, but three runs score, so it's not a big deal."
He leads the team in multiple hitting categories with a .436 average, .593 on-base percentage and .564 slugging percentage.
"I am not usually in the 3 hole," Placzek said. "It's kind of different. You get guys on, you just go up there swinging."
Then, Justin Bethard (2-1) settled in and worked 5.1 innings. Hays, which has stolen bases 75 percent of the time this year, lost two runners on steals, including Placzek. He hadn't been caught this summer, but slid past the second base bag on the wet turf.
"It was a grinder," Leo said. "We did what we had to do to win. Our offense did well early, and then the kid settled in. He did start making some pitches and he shut down the running game a little bit, got a little quicker to the plate."
Left-hander Chandler Hawkins (4-0) worked seven innings of three-run ball for the win. Hawkins worked in and out of jams throughout the night and allowed six hits and nine strikeouts against six walks. Liberal scored all three runs in the fifth on two singles, a hit by pitch and a two-run double that landed just inside the right field line by Sam Pack.
"Chandler is the reason why this game went as successful as it did," Petersen said. "Talk about filling up the zone, keeping everybody involved. Did a great job."
Logan DeRosier, who has struggled some this summer, worked a scoreless eighth and David Owen pitched the ninth. The team chemistry, though, helped the team stay loose. One time, the Larks were batting. The entire team ran from inside the dugout to the dugout railing to help the squad. The locker room blared loud music. Multiple players stayed after to watch the Miami Heat force overtime in the NBA Finals.
"The team chemistry on this team is unbelievable," Leo said. "They get along so well together. They are in sync. They enjoy, they pull for each other. They are on the same page, and it's kind of a fun bunch to be with."


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Getty Images
Free agent receiver Josh Cribbs has been linked several times with the Cardinals, but still hasn't signed. And he apparently won't sign until the Cardinals see that he's all the way back from arthroscopic knee surgery for a torn meniscus.
Cribbs' agent J.R. Rickert told Mike Garafolo of USA Today that Cribbs' torn meniscus hasn't fully healed. Rickert said it could be a few weeks before Cribbs is all the way back to 100 percent.
ESPNCleveland.com reported that Cribbs failed his physical with the Cardinals on Monday.
The Cardinals haven't said whether they plan to sign Cribbs when his knee is all the way back. The Browns do not appear to be interested in bringing Cribbs back.


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The financial system exists to trade three kinds of thing: money, commodities and risk. Money and commodities are the easy bit. Either I have £1,000 or I don't. Similarly with commodities: either I have a barrel of oil or I don't. But risk is a very different matter. In theory risk is easy to quantify: just multiply the probability of something by the cost, and you have the expected loss. But in practice its not so simple because the probability and cost may be difficult to quantify, especially for rare events (like, say, a global credit crunch). Many of the factors that go into a risk model are subjective, so honest people can have genuine disagreements about exactly what the risk is.
The Slippery Slope
Unfortunately risk assessment is not value-neutral. Risk has negative value: you have to pay people to take it off you. The higher the risk, the more you have to pay. And because the amount of risk is always debatable this is a very slippery slope; the people paying others to take the risk away have every incentive to present a lower estimate. Everyone can see that everyone else is doing the same, and so methods of hiding or downplaying risk migrate from dodgy dealing to open secret to standard practice.
Specific examples abound throughout the recent history of the finance industry;
- The retail mortgage houses that originally lent to "sub-prime" clients would hire valuers who were known to be on the generous side with their valuations. So any valuer who wasn't so generous found their income drying up. Background checks on clients were cut back, then eliminated. Eventually borrowers were simply told what income to claim on the forms, regardless of what they actually earned.
- These loans were then bundled up and sold. The idea was that the buyers would each get a share of the incoming loan repayments. Rights to this stream of money were divided into "tranches", the idea being that, for instance, Tranche 1 would get the first 34% of whatever money was due, Tranche 2 would get the next 33%, and Tranche 3 would get the last 33%. When some borrowers defaulted (as some always do), Tranche 3 would lose out first, then Tranche 2. Tranche 1 would only fail to get all their money if the overall repayment rate fell below 34%, which had never happened. The game here was to persuade a credit rating agency that Tranche 1 was so safe that it was worthy of a "Triple A" rating, because that meant that banks, insurance companies and similar big financial institutions could legally buy this debt without having to put cash aside to cover potential losses. The rating agencies earned fees for evaluating securities, so just like the house valuers they found it paid to be on the generous side.
- All these institutions had risk management departments who were supposed to watch out for excessively risky behaviour. But in practice they found it very difficult to blow the whistle. Risk managers tell stories of being given two days to review a deal that took ten people a month to negotiate, and of accusations of "not being a team player" when they questioned over-optimistic claims. This story from the New York Times has some details. Look through the comments after the story as well; many of them are by people with their own tales of risk.
The regulators also don't have visibility of the information they need to assess systemic risk. Systemic risk arises because financial companies are exposed to each other; if one institution fails, others have to write off any money it owed them, possibly pushing them into bankruptcy as well. Regulators try to make companies insulate themselves by avoiding excessive risk and keeping some cash on hand, but without a clear picture of the risks being run by each company they have no way to tell if this is enough.
The basic problem, I believe, is the food chain of risk management within each institution. At the top are the negotiators and fund managers who design and package the securities. Then the lawyers are bought in to specify the precise terms of the deal. Somewhere along the way the "quants" will be asked to develop mathematical models, and at the bottom coders will be given the job of turning the models into executable code that will actually determine the real price and risks. It is this food chain that needs to be rethought, because its hiding important information.
This 2000 paper by Simon Peyton Jones, Jean-Marc Eber and Julian Seward shows a way forwards. It describes a Domain Specific Language embedded in Haskell for describing the rights and obligations imposed by a contract. Arbitrarily complicated contracts can be built up using a small collection of primitives. Aggregations of these contracts can also be created, as can risks of default and bankruptcy. This created quite a stir in the quantitative analysis world when it was presented, as it was the first time anyone had proposed a formal language for describing contracts. Today the list of commercial Haskell users includes a number of financial institutions using this kind of technique to model their market positions.
But on its own this is just a faster and more efficient way of getting the same wrong answer. It doesn't solve the underlying problem of concealed systemic risk. The solution has to be for big financial companies to reveal their positions to the regulators as formal models of the contracts they have written. At the moment they don't even have to reveal all their contracts, but merely knowing the legal terms of a contract is only the first step. Those terms have to be converted into a mathematical model. That model probably already exists, but only as an internal artefact of the parties to the contract. What ought to be happening is that the contract is specified in a well-defined mathematical language that can be converted into a model automatically. If the regulators have this information about all the contracts entered into by all the finance companies then they can model the impact of, say, a downturn in the housing market or a jump in the price of oil, and if they see systemic risk looming then they can order the companies involved to take corrective action. Unlike the various Risk Management departments they will be able to see the whole picture, and they don't have to worry about being "team players".


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Flu Season Ramping Up Fast in South Dakota
PIERRE, S.D. (AP) - Flu cases are on the rise in South Dakota and could surpass last year's total of 505.
The most recent data available show 409 confirmed cases, compared with just five at the same time last year. There also have been three flu-related deaths in the state.
State Epidemiologist Lon Kightlinger tells the American News (http://bit.ly/WmoHkH ) that the flu season in South Dakota typically peaks in February, but it's happening earlier this year. There's no clear explanation. Kightlinger says officials know the flu will hit, but "we don't know exactly what month, how severe, what virus or how it's going to circulate."
Flu cases are being reported across the country. Health officials advise people who haven't gotten a flu shot to get one.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Tonight, after the final gun of the game between the Eagles and Saints, the eight-game suspension of G.M. Mickey Loomis will end.
And Loomis will be able to immediately commence the process of finalizing the September 2011 extension to coach Sean Payton's contract.
According to Larry Holder of the New Orleans Times-Picayune, the Saints are permitted to negotiate with Payton now, despite a suspension that runs through the February 2013 Super Bowl.
It's a huge (wait, that deserves all caps . . . HUGE) advantage for the Saints. They've got a three-month exclusive negotiating window. Any other interested team can't even contact Payton until after the confetti cannons fire in the Superdome come February.
So if Payton becomes a free agent, it'll happen only after the Saints have spent three months exhausting their exclusive opportunity to iron out the rough spots in a deal that, as of 14 months ago, Payton has happy to sign. Indeed, the deal was announced only days after Payton had told PFT Live that he plans to stay in New Orleans for 5-6 more years — and that he wants to be there as long as Drew Brees is the team's quarterback.
Throw in the fact that the organization has remained steadfast in its support of Payton despite his "ducks in a row" role in the bounty fiasco, and it's hard to imagine Payton essentially telling the organization, owner Tom Benson, Loomis, and Brees that Payton is ready to hit the open market, which given his suspension would happen more than a month after the market opens.


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Common Eye Disorders
What are some common eye disorders?
The following list provides a brief description of several common eye disorders. Consult your physician or an ophthalmologist for more information.
- Age-Related Macular Degeneration is the breaking down, or degeneration, of the macula area of the retina of the eye.
- Amblyopia is reduction or dimming of vision in an eye that appears to be normal.
- Astigmatism is a condition in which an abnormal curvature of the cornea can cause two focal points to fall in two different locations - making objects up close and at a distance appear blurry.
- Blepharitis is an inflammation of the edges of the eyelids involving hair follicles and glands that open onto the surface.
- Cataract is a condition in which the lens of the eye becomes dense or opaque and does not properly transmit light.
- Chalazion is a small bump that develops on the upper or lower eyelid. It is caused by inflamed meibomian glands that produce the oil in tears.
- Conjunctivitis, sometimes called pink eye, is an inflammation of the blood vessels in the conjunctiva, the membrane that covers the sclera and inside of the eyelids. Conjunctivitis may be caused by bacteria or viruses, making it very contagious.
- Diabetic Retinopathy is a disorder of the retina resulting from changes in the eye blood vessels and found in some people who have diabetes.
- Dry Eye occurs when there is not enough moisture in the eye, causing it to feel dry, hot, sandy, and gritty. Dry eye may be caused by low humidity, smoke, aging, certain diseases, and certain medications (i.e., antihistamines, decongestants).
- Floaters appear as spots, dots, or lines and affect or interrupt vision. Floaters are usually caused by bits of debris in the vitreus humor.
- Glaucoma is a disease that impairs the optic nerve when fluid and pressure build up in the eye and damage the optic nerve.
- Hyperopia, or farsightedness, means a person has trouble seeing clearly up close.
- Iritis is an inflammation of the iris of the eye.
- Myopia, or nearsightedness, means a person has trouble seeing clearly in the distance.
- Presbyopia is another type of farsightedness and is caused when the center of the eye lens hardens making it unable to accommodate near vision.
- Retina Detachment is the separation of the retina from the back of the eye.
- Retinitis Pigmentosa is actually the name given to a group of hereditary eye disorders, all of which involve the eye's retina, the light-sensitive nerve layer that lines the back of the eye, and all of which cause a gradual, yet progressive, loss or reduction in visual ability.
- Strabismus is crossed eyes.
- Stye is a noncontagious, bacterial infection of one of the sebaceous glands of the eyelid. A stye looks like a small, red bump either on the eyelid or on the edge of the eyelid.
- Uveitis is a condition that occurs in the uvea, or the middle coat of the eye. Because the uvea contains the blood vessels that supply nutrients to the eye, any form of uveitis may be serious and may be a symptom for other serious conditions.


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Sixth Generation
James George DAVIES spelling of name later changed to DAVIS
James George DAVIES spelling of name later changed to DAVIS
James lived in - Wales / England / Council Bluffs / Fort Harmony, UT / Kanarraville, UT / Kanarra Mountain, UT.
James George DAVIES/DAVIS pioneer age 18 / b. 1832 Llanelly, C. Wales - m. 1856 St. George, UT Polly WILLIAMS - d. 1901 Kanarraville, UT - buried Kanarraville, UT
BAPTIZED: James, Wales 1845.
BY LAND: [1851 or 1852]
Pioneer Information:
Traveled by sea with his brother John Rees DAVIES and sister in-law Mary Ann GRIFFITHS DAVIES DAVIES (Mary Ann was the widow of George DAVIES brother of James George DAVIES who died in England 1849. Mary Ann married George's other brother John Rees DAVIES possibly in Iowa .
Traveled by land possibly with the group from their ship in 1851. Or with their parents the next year 1852 - James DAVIS, John Rees DAVIES and Mary Ann DAVIES not listed with parents in 1852 William Morgan Company.
NOTE: All the William Reese and Rachel DAVIES children were in Utah in 1852.
1849-1850 with Walsh Saints - See: Information on parents William Reese and Rachel Davies of the 7th Generation. 1849 ship "Buena Vista" Captain Dan Jones and 1852 William Morgan Company .
HISTORY: James was immediately called by Brigham Young to the Indian Mission headquartered at Fort Harmony. "All of the men were seasoned frontiersmen...the company would also include Ammon Tenney, a fifteen-year-old boy who could serve as Spanish interpreter...and James Davis, a Welshman. (The latter was being sent from Salt Lake City to learn whether the Moqui language contained any Welsh words. According to a popular legend, many years before, a lost Prince Madoc of Wales had somehow found his way to these western lands and from him the Moquis had incorporated some Welsh words into their tribal vocabulary.) President Brigham Young wanted to know wherher there was any truth in the old legend" (Saint and Savage by Helen Bay Gibbons, SLC 1965, pg.63-64 ) The Indians had a life long friend in James George DAVIS.
SEE: Kirt DeMar WOOD - Laura PARKE pedigree for relationship


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Wednesday, May 1, 2013
Solar Heaters in #Egypt , Let's Use God's gift to #Egypt
10 comments:
And there is another solution called bio energy, I wrote about it from two years as I watched a documentary about it.ReplyDelete
Excellent initiative! How can we encourage this, and more grassroots initiatives? I am in Canada but would love to help where I can with this. We, the global community, can no longer expect governments to fix things for us. We have to make it happen and support each other in the journey.ReplyDelete
Just quick clarification, icecairo organized and sponsored the event.... Fayez from karmsolar just happened to be one of the participants chosen to attend and learn.ReplyDelete
This is very interesting. I wish I can visit that site soon.ReplyDelete
Also there is this American who came to Egypt few years ago and had implemented a biogas digester that produces biofuel from food leftovers at homes. He implemented that in Mansheyyet Nasser and trained some people. His name is Thomas Culhane and you can check his blog and project at http://solarcities.blogspot.com/
I think there should be some sort of an association or a gathering for alternative energy related ventures...just alternative energy solutions, not sustainable development.
- Anonymous5/02/2013 02:24:00 PM
There was a similiar programme in Moqattam one or two years ago and financed by NGOs, mostly using recycled materials to create solar power systems for the residents.ReplyDelete
They were constructed by university students and other volunteers then installed on rooftops and used for heating water, however, they were largely rejected as many residents were of the belief that the transfer of energy therein caused the water to become harmful, and use of it might lead to cancers, brain tumours, etc. A difficult and scary thought to dissuade them from.
I can say that I've had a cup of tea made with water heated by one of these recycled-materials made solar panel and have experienced nothing of the kind to date ;)
Lesson is: community collaboration is key!
And many thanks, Zeinobia, for your post and blog in general!
- Deborah of Az.5/03/2013 06:10:00 PM
Wonderful video, thanks for posting it! :)ReplyDelete
Thank you for posting.ReplyDelete
- Anonymous5/04/2013 05:02:00 PM
Zuweil should be heading some huge project like this not only to heat water BUT to refrigerate food for the poor too and for lighting.ReplyDelete
All street lighting should be solar powered. There should be not one house in Egypt using electric heaters for water when sunshine is free!! that's madness!
Thank You for your comment
Please keep it civilized here, racist and hateful comments are not accepted
The Comments in this blog with exclusion of the blog's owner does not represent the views of the blog's owner.


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Joe Charde - 380 Seaview Ct # 1206 Marco Island FL 34145
Joe Charde
Oneir Realty Sales & Rentals
Areas covered: Marco Island, Naples, Bonita Springs, Fort Myers
Cell: (239) 592-3000
[email protected]
Website: charde.com
About Us
We employ some of the most experienced and dependable real estate agents in the Marco Island & Naples, FL area.
Charde Group Inc.
We have been involved with the buying and selling of homes on Marco Island and Naples for over 30 years. Since inception, we have been an important part of the local community and we will continue to serve all of the area's real estate needs for years to come. Charde Group Realty's knowledgeable and reliable team is comprised of high caliber professionals with extensive experience and understanding of the local real estate market.
Oneir Realty Sales & Rentals, LLC.
Oneir, (pronounced Oh-near) which is Greek for "to dream" is a full-service real estate company that uses a unique team approach to develop dream real estate careers and providing world class service to home buyers and sellers.
With several agents in the office working under an experienced licensed broker, all of our staff members are high caliber professionals with extensive experience and knowledge about our local real estate market. Our agents come from diverse backgrounds but all are dedicated to providing the highest quality service to our clients. Meet Our Agents!
Office Amenities
Our office is fully equipped with an integrated network of computer and communication systems. We have instant access to the regional Multiple Listing Service, Public Record Searches, and many other tools and services that our agents use to better serve you.
In addition to our agents and brokers, we also have five full time administrative staff members that work tirelessly to accommodate any and all of your needs. They help coordinate meetings, set schedules, and ensure the timely processing and delivery of all your documents. Our staff is dedicated to make your transaction smooth and hassle free. We will manage the myriad of details for you, including pricing and staging your home or condo for sale, marketing and advertising your property, keeping you up to date throughout the process, interpreting and negotiating your contract and coordinating with other agents, title companies, inspection companies, repair companies, and lenders. Oneir Realty can guide you through the closing process and make sure everything flows together smoothly.
Certifications and Recognitions
RCRB - Certified Real Estate Brokerage Manager
GRI® Graduate, REALTOR® Institute
CRS - Certified Residential Specialist
EBC - EcoBroker Certified.


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Maria's Multi-Zone Bedroom
Like this entry? Favorite it below!
- Name:
- Maria
- Location:
- Lake Hopatcong, NJ
- Division:
- United States
- What do you love about your bedroom?:
- This room is on the small side for a Master Bedroom (around 12 x 14). Just because it's small didn't mean I wanted to skimp on adding the things I love. In my case it just happened to be color and books. By placing the bookshelves on either side of the window we were able to create a little reading nook with two small scale chairs and a side table. I love that the room feels collected and very "us".
- What are your tips for creating a beautiful, healthy and organized bedroom?:
- Don't be afraid to bring in the things that you love. If you love books bring them in. If red is your thing, go for it. It's all about creating a room you want to be in and that starts with having the things that inspire surround you in your space.
To stay organized choose pieces of furniture that combine closed and open storage. Our bookshelves have closed door storage on the bottom where we store extra blankets, the side tables have drawers for things like eyeglasses and contact lens solution, storage baskets house our sheets. Everything really needs to do double duty in a small space.
- In modern homes, bedrooms have become more than just a place to sleep; they can be a retreat, a home office, a library, a relaxation zone. What are some ways you make the most of your bedroom?:
- No matter what the size your room can live large. Create zones for the things you often enjoying doing in your bedroom as well as the things you need to do. We have a zones for sleeping, reading and organizing.
Also try and think outside of the box, just because it's a bedroom doesn't mean you can't have a wall of books if that makes you happy. At the end of the day it's your space to enjoy and bring in the things you love. You'll never regret it.