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Lazydays Price: $26,611
Est. Payment: Edit
Estimated Monthly Payment:
Estimated Payment:
Payment calculator excludes title, license, doc and dealer fees. Estimated 7% sales tax added to the amount financed.
Financing amount calculated by subtracting down payment and trade-in value (adjusted for current loan balance) from the sale price. Total amount financed determines maximum possible loan term.
RV Business Top 50 Dealer!Trade-In Value
- Location: Loveland, CO
- Stock #: 21026610
- Status: Available
- Condition: New
- Class: Travel Trailer
- Length: 31 ft
- Slides: 1
- Dry Weight: 6,319 lbs
Interested in this RV?
Print Spec Sheet
- City water hook-up
- Remote Operated Power Awning With Led Light
- Radius entry steps
- Stabilizer jacks(4)
- G-20 tinted windows
- Frame mounts/prep for cargo/bike rack receiver tube
- Polished aluminum fender skirts
- 20 Lb. LP bottles w/ABS cover and Auto Switchover
- One-piece seamless walkable roof
- 3/8" Fully decked walk-on roof
- Easy-lube axles
- Front Diamond Plate Rock Guard
- Platinum .024"Aluminum exterior skin with 030 skirt metal
- Roto-cast holding tanks
- Rain gutters with extended molded downspouts
- Sport Wheel Package (Silver E-Coat Sport Wheels with Chrome Hubs and Lugs)
- Exterior Utility Shower
- R-7 fiberglass insulation in sidewalls, roof & floor
- Painted bumper w/drain hose carrier and end caps
- Cambered structural steel I-Beam frame (with full width out riggers)
- Flush mount baggage doors that are lockable and radius cornered
- Black Tank Flush
- Radius-cornered fiberglass entrance door
- Self-adjusting brakes
- Spare Tire And Cover
- Dead-bolt lock on entry door
- Radial Tires
- Exterior TV Mount With 110V Outlet
- Power Tongue Jack
- 30-Amp electrical service w/deluxe 110v 45-Amp power converter
- 110V G.F.C.I. protected exterior receptacle
- Rear Vision Camera Prep
- TV antenna with RG-6 coax cabling and satellite prep
- Remote Operated Starlight System
* Upgraded Feature
- 6 Gallon gas/electric DSI water heater
- Screwed cabinet construction with pocket bored solid lumber core stiles
- 5/8"Tongue & groove plywood floor decking
- Full size medicine cabinet w/ mirror
- 81" Living room ceiling height
- Congoleum woodplank linoleum flooring
- Drop edge Thermofoil countertop
- Grace Cherry stained wood cabinets
- Fire escape windows
- Decorative glass in living room cabinets
- Radius corner interior walls (where applicable)
- Bathroom power roof vent
- Water heater by-pass winterization kit
- Under Mount Dual Basin Deep Kitchen Sink
- Easy-View extra large picture window at dinette
- Mosaic Tile Backsplash and Stainless Steel Lighted Vent Hood
- Residential in-floor ducted heat
- 2 Shirt closets with mirrors
- Residential quilted bedspread
- Comfort series mattress
- Solid bedroom and bunk room doors
- Under-bed storage, bed lifts easily on 2 gas struts
- 2 full-length night stands w/ recepts
- Hard valance window treatment with lambrequin
- Full length ball-bearing kitchen drawer guides
- Fire extinguisher
- Smoke alarm
- Pleated night shades in living room
- Silverware drawer
- LP/CO2 gas detector
- Jack knife convertible sofa with sofa pillows
- LED Interior Lighting
- Bluetooth stereo w/CD, DVD, MP3, SD, USB and AM/FM radio
- 12V On demand water pump
- Cable/TV hook-up in front bedroom
- Systems monitor panel
- Bluetooth Stereo W/ CD,DVD, MP3, SD, USB and AM/FM Radio
- Marine grade speakers (2)
- Speakers in living room ceiling
- 32" Flat Screen LED TV and Swing Arm Bracket
- ABS tub/shower surround
- Marine toilet with foot flush
- Shower curtain with curved shower track
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- Large dinette tabletop with marine grade pedestal
- Large pot & pan drawer
- Stainless Steel Digital Microwave
- Gas/Electric double door refer w/ reversible insert
- High rise residential faucet
- Easy access dinette booth doors
- Stainless Steel Oven
- Flush Mount 3 Burner Range With Bi-Fold Glass Range Top
- 35K BTU auto-ignition furnace with wall thermostat
* Upgraded Feature

subset: commoncrawl


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Avira is quick and to the point, and they know exactly where most security threats lurk on an iDevice: online and in-person. Their app is by far the most user-friendly and the interface is simple and easy to use. Also, if you have an Apple watch, this antivirus for iPhone provides you a way to track your iPhone just with the watch. Secure your iPhone 6 data with Norton antivirus The most popular, reliable and easy to operate antivirus app has been used my numerous users due to its handy and effortless use. It restricts to open phishing sites and advertisements also it protects from virus. It works just like Google Drive, iCloud, Dropbox, or the others. We have already made a list of the so we thought of coming up with a complete list of best antivirus apps for iPhone and iPad so that you can just download and install them and protect your phone from unwanted threats and malware.
But picking an best iPhone app out of many security apps is quite hard and time consuming. For this reason, Lookout misses out on our top spot. A simple Banking Protection feature sees F-Secure check each website you visit to confirm it's on the 'trusted' list for banking or shopping online. If the security checks are failed, iDiscrete opens as a simple note writing app. Except from scanning it has an anti-theft feature along with backup solution. Personally, I like Best Phone Security Pro a little bit more than iDiscrete.
If somehow you lost your phone this feature helps you to get it back. These iPhone antivirus apps have good tracking features. Powerful security tools check for common security vulnerabilities missing updates, a jailbroken device , monitor running apps for suspect activity, and raise an alert if you connect to a dangerous Wi-Fi network. One of the best feature of this app is it scans all of your data and remove viruses routinely. Or the theft of your precious device? Avira Mobile Security also places a strong emphasis on email security, which I really like.
Phishing protection does a good job of blocking malicious websites, an excellent first step in keeping you safe online. You will surely get good returns from this app. Resilio Sync is a neat cloud storage option. Well, unfortunately, there are currently no apps available on the App Store that will do this as Apple does not allow it. As we all know Smartphone like iPhone 6 are very expensive so we need to care about their security and safety because the malicious viruses affect its performance and functioning. It is providing all the security features as you pay. You set up the app on your iPhone or iPad and then also on your computer.
The interface is slick and easy to use but can be a little slow to respond at times. . It also tells you the last location of your iPhone if ever it went off. Not all these apps deliver on their promises, but we've found five top-notch iPhone antivirus contenders that definitely deserve a closer look. Thus try it and observe how it performs. You also enjoy protection for internet banking. Once it detects any unsafe connections, it automatically blocks to prevent any malicious activities that might target you.
I feel like I should note something before we delve into the nitty-gritty of these applications. So, overall a good choice if you have some bucks in your pocket to secure your privacy. Lookout Mobile Security always active in background and scans for any suspicious program that may enter your mobile. It also offers you to use remote management portal. Their iPhone antivirus allows you to backup your contact and easily move them as you change your iPhone.
What function does an antivirus play on iPhones? Additionally, it has a powerful password generator. Its ability to block malicious websites carrying out phishing activities is pretty nifty to ensure your safety online. Even with all of its relative drawbacks, Norton Mobile Security still manages to be a solid iDevice security solution. Trend Micro Mobile Security does allow for testing all its premium features via a time-limited trial, though, and even if you don't sign up, the app has a couple of useful free features. This is one of the best antivirus for iPhone because, you enjoy functions that Includes: Privacy for your photos and videos.


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Save when visiting Dr. Lewis C Brokaw
DentalPlans.com provides a hassle-free way to find a dentist in Dayton, OH in our extensive dentist directory. Just enter your ZIP code to save money on General Dentistry with an easy-to-use discount dental plan. Pick the best discount dental plan for you and your family to benefit from discounts from 10% to 60% on most dental care services performed by dentists such as Dr. Lewis C Brokaw. Then, you can make an appointment with Dr. Lewis C Brokaw in Dayton to receive discounts on most dental care procedures including General Dentistry.
Discount dental plans are alternatives to dental insurance plans that can save you money on dental care services like General Dentistry and more. Our national dentist directory has an enormous selection of general dentists, orthodontists, oral surgeons, periodontists, pedodontists, endodontists, and prosthodontists! So if you want discounts on oral exams, cosmetic teeth whitening, braces (orthodontics), root canals, crowns and more, our qualified Dayton dentists or dental care specialists can help address your dental care needs.
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Playing tracks by
Art of Noise, FKJ feat O, Yahzarah feat Raheem De Vaughn, Nightmares on wax, Darondo and more.
Chart positions
This show was 29th in the global underground hip hop chart and 53rd in the global minimal techno chart.
On this show: Soulpartizan radio roadshow head to two parts of the United States that epitomises the Afro American underground music. We head to Detroit, Michigan & Harlem, New York City to sample this unique blend . I have interviews from: DJ STORMING NORMAN, UK born resident spinner/promoter for RED ROOSTER (Harlem) & SUNDAY SERMON. My DJ DELIGHT MIX for this month is young pioneer and producer: REED BOSKEY & local Hero: STEVE "STAY" SPACEY tells me how it is in "The Motor City"
The backdrop is filled with glorious sounds from: ART OF NOISE, FKJ, NIGHTMARE on WAX, QUASIMOTO ,COMMON, LABI SIFFRE and much more...


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City Express Reynosa Aeropuerto is located at the eastern tip of the city, right between the airport and the border with the United States.
Right by Lucio Blanco Airport, it's the natural lodging choice for any business trip to Reynosa. Also close is Reynosa-Pharr International Bridge, which will take you straight to the border in a couple of miles.
Reynosa Industrial Park is a few feet away, full with great business opportunities. Picture traveling to Reynosa for work and never leaving the perimeter than encompasses the airport, the hotel and the industrial area, it's a dream!
If you're in town on vacation, you'll be glad to know that Reynosa Cultural Park, Plaza del Río mall and sports city are also in the surroundings of the hotel.
Stay at City Express Reynosa Aeropuerto and discover the best of the city's east side.
*Consulta costos y disponibilidad
1 queen size bed
looking for availabilityslovenija a slovenija a colmar slovenija giacca colmar slovenija giacca colmar giacca a colmar a giacca
2 queen size beds
looking for availability
1 queen size bed and 1 sofa bed
looking for availability
Carretera Reynosa-Matamoros Km. 81+150, Col. Parque Industrial Reynosa, Reynosa, Tamaulipas, México. C.P. 88788
+52 899 5002700giacca slovenija a giacca slovenija colmar colmar slovenija slovenija a giacca a giacca colmar colmar a
A 5 minutos del Aeropuerto Lucio Blanco de Reynosa TamaulipasINTERESTING SITES
Juan Salvador Agraz 69 Col. Santa Fe Cuajimalpa Del. Cuajimalpa de Morelos C.P. 05348, México, D.F.
Switchboard: 52 49 80 50
Monday to Thursday 09:00 to 18:00 hrs.
Friday from 9:00 to 17:00 hrs.
Dialing from Mexico: 01800 248 9003
Dialing from USA: +1 855 222 8285
Whatsapp 557 439 4979 Chat
© 2018 City Express All rights reserved.


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address : No.17, Jinwen Road, Pudong Airport Industrial Park, Pudong New District, Shanghai, China Ministry of Trade
Telephone : +86-21-68098370
Email : email@example.com
If you have any questions,plese contact us,we will reply with in 24 hours!
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- Spot on the window sill
- Boxes gray flowers
- Asleep beneath the gable roof
- Wooden gazebo in the garden – Stylish alternative to the roundabout
- Oriental fabrics
- Railings on the balcony – stainless steel, wood or glass?
- Contemporary wooden table "K-Table" offers versatility
- Playing for fun Christmas decor from inexpensive materials
- A minimalist wooden house.
- Design wooden tile celebrate the return of retro style of life
A Victorian family home
Victorian family house is very popular for a simple reason: it is stylish and very spacious.
This four-storey house has a very original design, where white rule to grant more light and create a simply serene. The furnishing shows indeed that the simplicity and modernity go hand in hand. From shelves - lit with LED bulbs - the metal bath, interior design reflects a perfect harmony and lightness. This residence is definitely made for people who like peace and in search of a large space for the whole family.


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Tell the truth.
And be honest with yourself.
If I had not been a contributor,
To your disgust...
Would you have had any other ambitions,
To hate for no reason?
And with such a lustful intensity.
Would you be motivated to continue living?
What kind of life could you possibly have?
Think about it.
Without me proving you with an incentive,
That inspires...
You and I both know,
Life to you would be absolutely meaningless.


text:
We introduced the immunisation clinic here at QMSC back in the late 1990's as it was difficult at times to get an appointment with your doctor for your child's immunisations. The clinic streamlined childhood vaccinations enabling parents to bring their children to the clinic without the need for an appointment.
Appointment availability is now increased and parents will be able to schedule an appointment for their children to attend their regular treating doctor whenever immunisations are due, therefore from 1st July 2019 we will no longer hold our immunisation clinic.
We would like to thank all our parents who have brought their children to our immunisation clinic since its inception, as we continue to strive for ongoing excellence in the care of you all.


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Truck Repair in Fitchburg
Here you will find accurate info on various businesses belonging to the Truck Repair category in Fitchburg. From the latest category entries up to a list of similar categories in this area. Feel free to 'dig in' and get the data that you are looking for.
Request for Quotation
Are you looking for Truck Repair ?
Use our 'Request for Quotation' service and get customized offers from companies in Fitchburg.
Most popular searches in Fitchburg in the "Truck Repair" business category
Latest entries in Fitchburg in the "Truck Repair" business category
- Vital Signs & Graphics48 Red Fox Xing- 01440Opening Hours
- Tire Warehouse #115212 Bemis Road- 01420Opening Hours


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Descripción de la oferta
- Sin Experiencia
- Sin estudios
- Salario a negociar
- Arequipa
We are looking for movie producers, also known as film producers, with a knack for spotting great scripts, building talented teams, and managing budgets. Movie producers can expect to select scripts, assist in rewrites, handpick production team personnel including directors and actors, liaise with other producers, and report back to executive producers. Their other responsibilities include sourcing and securing financing, negotiating on behalf of the company, and seeing projects through to distribution.
Successful movie producers should be dedicated to finding, developing and making high-quality movies under considerable pressure. Ideal candidates will be decisive, creative, driven individuals who have exceptional communication and problem-solving skills.
Movie Producer Responsibilities:
Finding scripts or novels or other source materials.
Employing directors, editing and production staff.
Sourcing and securing financing, and managing budgets.
Pitching new ideas to potential investors.
Casting actors.
Creating and monitoring schedules.
Advising and assisting directors.
Reporting to executive producers.
Reviewing the final edit.
Movie Producer Requirements:
Bachelor's degree in journalism, film, acting etc. beneficial.
An impeccable portfolio.
Several years' experience in the industry.
Excellent interpersonal and communication skills.
Drive and determination.
Sobre la empresa
We enable our clients to become better employers by designing, deploying, maintaining and operating HR as a service. Our HR business process services cover workforce management, time and attendance, local, regional and global payroll, talent administration, and people analytics.
Changing lives for people through creating opportunity to reach potential.
Empresas en el sector
UNIDADES DE DESARROLLO DE NEGOCIO, S.L.a
Pozuelo de Alarcón, Madrid
Ilse Delfin Cisnerosa
Distrito Federal
RH TIMEa
Minas Gerais
- Adecco Perú
- Telefónica
- Ernst & Young
- General Electric Company
- Johnson & Johnson
- Cisco Systems
- Diageo
- Caterpillar
Empresas destacadas
- Marketing y Producto
- Informáticos
- Oficios y profesiones
- Administrativos
- Comerciales y Vendedores
- Recursos Humanos
- Médicos y Profesiones Sanitarias
- Ingenieros y Técnicos
- Economistas y Financieros
- Hostelería y Turismo
Colmenas destacadas
- La Libertad
- Puno
- Áncash
- Piura
- Lambayeque
- Cajamarca
- Lima
- Junín
- Arequipa
- Cuzco


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C.LACY is a recording artist and songwriter from Texas. His music blurs the lines between modern and 90's R&B, approaching the genre with a lot of passion and heart. What makes his music special is how C.LACY expresses himself, connecting with his audience through inspiring lyrics and amazing melodies, each step of the way. Don't miss out on his most recent single release, "You Can Do Better," which is now available on all digital platforms!…"An Exclusive Interview With Talented Artist And Songwriter C.LACY"
Category: Interviews
Freddy Cee is an American music prodigy of Haitian-African descent. The Brooklyn bred artiste cum producer started his journey as an 8 year old, when he wrote his first song. He went ahead to be featured in various radio stations at the age of 12. His family played a big role in his music upbringing and development, as music was part of his growing up at home. He was greatly influenced by the music and…"An Exclusive Interview With Multi Talented Artist and Producer Freddy Cee"
Q:When you decide it's time to make a new record, is that more exciting or stressful? Ans: it all depends on my mood, I tend to write off what I go through Q: How do you shut things out? Ans: I focus on what I have to do instead of what stresses me out. I try to keep my head leveled always Q: How easily do songs tend to come to you? Ans : to…"Latest Interview With Talented Joe Butta"
Q:When you decide it's time to make a new record, is that more exciting or stressful? Ans: Exciting Q: How do you shut things out? Ans: Turn off all electronic devices. Q: You write all of your own music; where do you draw inspiration from when you write songs and what's your favorite part about the proccess? ANS: I draw inspiration from live, struggles, successes, love and fate. Q: At what age did you start…"An Exclusive Interview With Songwriter from NYC Margarita Shamrakov"
Rapper out Of Highland PARK Ca…inspired By Tupac, 😋Master P And EMINEM. Started Rapping In High School…now Its Time To bring This Thing Home And Hit The Charts Q: How easily do songs tend to come to you? Ans : Songs Come Easy. In The Car, At Work, In The Shower…my Mind Is Always In Rhyme Mode Q: What is you favorite song to belt out at the bar/in the car? Ans :Definitely BATCHELOR X…"An Exclusive Interview With Rapper out Of Highland PARK Ca Batchelor"
When did you move from Paris to LA, and why did you decide to move there? -I moved to California in 2016. I grew up listening to American rock music (Hendrix, The Stooges, Guns N' Roses….) and I've always wanted to live a musical experience in a new country. Los Angeles is an amazing city because there's so many musicians and places to perform, even though the competition is strong. The proximity with the film…"An Exclusive Interview With Talented Artist Jeff 2"
Hailing from the DMV area, singer, songwriter and producer Yona Marie has had a taste of success with her last single trending on Spotify. The hot new singer with a degree in Music Business from JU is making her mark and continuing to pave the way in the industry with her latest single "I Gave You". We had a chance to chat with Yona about her new single and career goals for our Music Spotlight series.…"An Exclusive Interview With Multi Talented singer, songwriter and Producer Yona Marie"


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Billy Dee Williams Impersonator - Jimmie Morgan(0)
Wichita, KS
41 miles from Hutchinson
Jimmie Morgan, better known as Billy Dee Williams, is a celebrity lookalike. Jimmie provides professional interaction…
Andy Ash(8)
Elvis Impersonator / Impersonator
Tulsa, OK
169 miles from Hutchinson
12 Verified Bookings
Recent review: Andy did an amazing job at my mom's birthday party! He delivered on every aspect of our contract.…
Philip Bauer as Johnny Cash(2)
Johnny Cash Impersonator / Impersonator
Oklahoma City, OK
180 miles from Hutchinson
6 Verified Bookings
Recent review: Philip Bauer gives a spectacular performance as Johnny Cash. His voice is beautiful and right…
Damian Blake(7)
Charlie Chaplin Impersonator / Impersonator
Kansas City, MO
194 miles from Hutchinson
8 Verified Bookings
Recent review: Damion is a perfect Charlie Chaplin! He left a trail of laughter and smiles as he entertained…
Sherrill Douglas(7)
Patsy Cline Impersonator / Impersonator
Addison, TX
Serves Hutchinson
Recent review: I would highly recommend Sherrill to anyone. She does an absolute spot on impressin of Patsy…
Sylvester Stallone Impersonator in Dallas(12)
Sylvester Stallone Impersonator / Impersonator
Dallas, TX
Serves Hutchinson
11 Verified Bookings
Recent review: Excellent performance all guest's enjoyed his character positive feedback from guests diffently…
Grace as Marilyn(2)
Marilyn Monroe Impersonator / Impersonator
Dallas, TX
Serves Hutchinson
8 Verified Bookings
Recent review: Grace went out of her way to help me pre-booking, then was very communicative prior to the event.…
Guns 4 Roses(11)
Guns N' Roses Tribute Band / Impersonator
Dallas, TX
Serves Hutchinson
1 Verified Booking
Recent review: We hired Guns 4 Roses for a private party and they were fantastic! Guns N' Roses is my husband's…
Michael Jackson 3 Legends(121)
Michael Jackson Impersonator / Impersonator
Dallas, TX
Serves Hutchinson
26 Verified Bookings
Recent review: Michael Legend 3 was the headliner at our Valentine's Day Single's luncheon at my church. He…
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Impersonators in Hutchinson, KS
Everyone wishes they could rub elbows with the rich and famous. Unfortunately, we can't all be so privileged. Lucky for you, there are a lot of doppelgangers out there and they're making their living paying tribute to the stars. From the popular Elvis Presley and Marilyn Monroe to the more obscure Dog the Bounty Hunter and L.L. Cool J, there are impersonators for almost any celebrity you can dream up. Tell your guests to have their cameras ready so they don't miss a single photo opportunity with celebrity impersonators at your event! Search for Impersonators in Hutchinson, Kansas above.
Please note that these Impersonators may also travel to South Hutchinson, Yoder, Nickerson, Partridge, Buhler, Inman, Burrton, Haven, Abbyville, Arlington, Sterling, Pretty Prairie, Mount Hope, Lyons, and Andale.


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Bitcoin [BTC]: General manager of BIS says Bitcoin and blockchain technology should be explored to its limits
The debate about the credibility and mainstream acceptance of cryptocurrency ever since Bitcoin rose to fame in 2017 does not seem to have any conclusion. People involved in this discussion presented valid reasons both 'for' and 'against' the credibility and acceptance of cryptocurrencies. A recent addition to this discussion was the general manager of Bank for International Settlements, Agustin Cartens, who sided with the 'Asset' camp.
In an interview with Dallas Fed, Cartens presented his ideas regarding cryptocurrencies and said:
"Bitcoin or Cryptocurrencies in general are interesting… the main issue I take with cryptocurrencies is the term currencies. And i think they are not currencies, they are not good store of value, they are not good medium of exchange, they are not good unit of account. I think the attempt to have them come into life as a way to substitute legal tenders and fiat currency is a failed attempt."
Cartens supported his argument by giving historical evidence that a number of attempts were made to substitute fiat currencies, but failed. He further added:
".. they have a role as crypto assets.. they have a room for financial assets in general but not cash"
The general manager of BIS further acknowledged the power of blockchain technology and how it can be used in settlement systems and added that the technology should be embraced and explored to its limits. He gave a concluding statement to his argument by stating:
"Blockchain by itself is not sufficient to think of a different monetary arrangement in a country."
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Bitcoin's 2017 bull run was fueled by FOMO & hype; present run more fundamentally driven, claims report
Here we go again. Another bull run. Another "hype session" among investors as Bitcoin rises again. The cryptocurrency market is well known for its incredible shift in market sentiment, especially on the back of the world's largest cryptocurrency surging again.
Bitcoin not only reached its 16-month high today, but it also recorded a growth of 15 percent over the week. This has contributed to several analysts and industry insiders speculating how high Bitcoin will go, with Anthony Pompliano claiming that the digital currency will soon cross its all-time-high valuation of nearly $20,000 and reach a massive $100,000 by 2021.
These predictions have definitely contributed to the coin's growth as while the present surge is similar to the 2017 rally, it's not driven by FOMO alone.
A recent comparison drawn out by the SFOX Volatility report compared the preset rally with the bull run of 2017.
The report suggested that the rally of 2017 was largely driven by 'FOMO.' When Bitcoin started climbing the valuation ladder, word got out and many investors discovered virtual assets for the first time. The rally of 2017 was mainly fostered through hype and speculation, since there were no major readings or past data to back the rising price.
The present run, while similar, is different in some aspects, one of them being that Bitcoin has a larger user base now than in 2017. While FOMO remains a major factor in driving the price up, the current surge is also backed by developments in the ecosystem, such as the entry of retail investors and huge financial/non-financial institutions joining the crypto-bandwagon.
Facebook's crypto project, Libra, and Bitmain's pursuit for a U.S IPO have validated Bitcoin and the rest of the cryptocurrency market, a luxury not available to the market of 2017. The present rally thus, is more mature than the 2017 rally as the present market's fundamentals are more data-driven.
There remain some stark similarities in the trends however. For instance, in 2017, the push from $9000 to $11000 took place in a period of 7 days. The current push from around $8800 to $11000 came to be in 8 days.
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BBC News
- Tory leadership race: Contenders clash over Brexit
- Tory leadership race: EU will renegotiate Brexit package, says Hunt
- Wahaca changes eat-and-run policy after waiter asked to pay part of bill
- Harry and Meghan share picture of son Archie on Father's Day
- Wainfleet flooding: Pumps used to reduce water levels
- Gulf of Oman: Iran protests to UK ambassador
- Greenpeace activists try to board oil rig at sea
- Julia Rawson disappearance: Police find body in Tipton
- Donald Trump attacks Sadiq Khan over London violence
- Trans charity Mermaids UK 'deeply sorry' for data breach
- Extinction Rebellion postpone Heathrow drone protest
- Police officer hurt in Erdington pursuit crash
- Wales' chapels: The Abernant man single-handedly keeping the doors open
- 'She will always be my daughter' - a Father's Day letter to Jessica
- EastEnders star: How award saved my dad
- Leaked exam: 'I cried in the car on the way home'
- Tattoos at work: Are they still an issue?
- Slavery: Welsh weavers 'implicated in US slave trade'
- Jailed Nazanin's husband in Iranian embassy tent protest
- Nigerian weddings: Glitz, glamour but mind the cost
- 'Grime Gran': Margaret Keefe, 80, plugged into music scene
- Thrapston nifty knitters knit their town's whole high street
- Plastic pollution: Bangor divers cleaning up the seabed
- Illegal eel exporters exposed by Countryfile
- Sinn Féin's Michelle O'Neill says NI talks 'should not stop for summer'
- Sex education: Llanelli MP says no child should be excluded
- Arrest over Knightswood 'violent attack' death
- Apache flight path over Essex 'hotspot' raises concerns
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Genforum Messages re the Bartles of the Briston area
Gooderstone Entry in Kelly's Directory 1883, mentioning a Briston charity
The BAGATS Can you help the Briston Action Group Against Turkey Smells?
Name Index - 1891 Census Lists the surnames of everyone living in Briston in 1891
Find a church Lists churches in the Briston area
The Buildings Norfolk Hates Piece including reference to a house in Briston's main street


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Deputy Director Sufyan Sohel presented at the Annual GlobeMed Summit last Friday, March 27.Read More
Deputy Director Sufyan Sohel spoke at the inaugural event for DePaul University's Muslim Law Students Association on March 11.Read More
CAIR-Chicago's Outreach Coordinator Gerald Hankerson and Deputy Director, Sufyan Sohel took a trip to D.C. in an effort to make the community's issues be heard by the Congress.Read More
Reflecting on a tumultuous year of Occupy movements and the Arab Spring, the U.S. government has passed not one, but two new anti-protesting laws. With the exclusion of single word - from "willingly and knowingly" to simply "knowingly" - the Federal Restricted Buildings and Grounds Improvement Act is further restricting Americans first amendment rights.Read More
CAIR-Chicago's Deputy Director, Sufyan Sohel, and Communications Coordinator, Amina Sharif, lead a training seminar for new fellows in ICIRR's Unite America program.Read More
CAIR-Chicago representatives attended IQRA International Educational Foundation's fundraising dinner at Drury Lane on Saturday, October 29 to support its educational initiatives.Read More
CAIR-Chicago staff members look back on the 9/11 terrorist attacks, share their stories, and explain how we as a nation can move forward after 10 years.Read More
A group of DePaul students visited CAIR-Chicago's downtown office this past Monday to learn about the organization's services for immigrant communities. This visit was a part of DePaul's course, "Discover Chicago: Immigrant Youth in Chicago."Read More
As you know, we have endeavored to expand both the quality and quantity of our work each and every year since our rebirth 7 years ago. This year is no different. I want to update you on some exciting changes we have been working on at CAIR-Chicago for some time now.Read More


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Diet Center Worldwide
Quick Franchise Summary
At Diet Center, stake your claim in an industry that is poised to top the $37 billion mark. You will be aligning yourself with an established name that represents the most current developments in dieting, nutrition, and weight control. We are looking for caring, compassionate, and dedicated business savvy individuals.
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Naturals2Go Vending
Naturals 2 Go, is a leader in the exploding healthy food vending category, with over 20 years of industry experience. Start your vending machine ownership career with a built-in reputation that consumers trust and respect, offering your customers a wholesome snack alternative today so they can enjoy a healthier tomorrow.
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Baby's Badass Burgers
Start a gourmet burger food truck business, and capitalize on one of the fastest growing segments in franchising today. With a Baby's Badass Burgers Franchise, you will be serving a product that can't be beat, enjoying low start-up costs, unparalleled support and a sure-fire media explosion in your market. Learn more now!
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Purchase A Franchise Using Your Retirement Plan
This is NOT a franchise or business opportunity. This is a service offered to those seeking to purchase a franchise or business using their retirement funds without having to pay the taxes and penalties. You can purchase a franchise or traditional business with a tax qualified retirement plan such as an IRA, 401(k), 403(b), 457(b), SEPs and others.
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Richard Pope - Franchise Business Advisor
Making the decision to go into business for yourself can be exciting, liberating and rewarding, so what's holding you back? Buying a business can be a life changing event and you don't want to make a mistake. You need professional help to navigate through all the available options to find the one that is right for you. Richard Pope can help!
$ 100,000 Min.Cash Required


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Divine Word University
- Profile
- About
- Contact
Divine Word University is a national university, open to all, serving society through its quality of research, teaching, learning and community service in a Christian environment. It is a dynamic and leading university established in 1996 in the South Pacific Region, with an outstanding reputation for its ICT facilities and high quality provision of education.
DWU offers a range of full-time and distance education programs at certificate, diploma, bachelor, postgraduate, master and doctoral levels across its faculties:
Faculty of Arts: Papua New Guinea studies, communication arts, social and religious studies.
Faculty of Business and Informatics: Business studies, tourism and hospitality management; information systems, mathematics and computing science.
Faculty of Education: Leadership, curriculum, professional studies, language, mathematics, science, community development, social and spiritual.
Faculty of Health Sciences: Health management, physiotherapy, environmental health, rural health, primary eye care.
Faculty of Flexible Learning: Undergraduate studies, training and development.
Faculty of Theology: Religious studies.
The Contemporary PNG Studies: DWU Research Journal is published twice a year by DWU Press, Divine Word University, Madang, Papua New Guinea. The journal provides the means for DWU staff, students and associated academics to publish research findings, personal perspectives, reports of projects or developments and reviews of recent books on Papua New Guinea.
Divine Word University,
PO Box 483
Papua New Guinea
Tel: +675 422 2937
Fax: +675 422 2812
Email: email@example.com


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Plaintiffs - Appellees,
No. 97-6437
(W.D. Oklahoma)
(D.C. No. CV-96-1825-M)
Plaintiffs - Appellees,
No. 97-6438
(W.D. Oklahoma)
(D.C. No. CV-96-1825-M)
CAMPBELL , ** District
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
between the insured plaintiff directors and officers and the uninsured plaintiff
The dispositive issue on the first question is whether the 1996 securities
actions are causally connected (a term used in the 1993 insurance policy) to a
1993 pricing action brought by a customer against Fleming Companies, Inc. and
one of its officers. If so, any loss arising from the 1996 actions must be
aggregated with the loss suffered from the 1993 action, and the limits of coverage
under the 1993 policy will apply. We conclude that, for coverage purposes, the
1996 class actions are not causally connected to the 1993 pricing action, and that
coverage under the 1996 policy applies. We therefore affirm the district courts
summary judgment in favor of the plaintiffs on this issue.
The substantive issue presented by the second question is whether the
district court erred in determining how any potential loss from the 1996 class
action lawsuits should be allocated between insured and uninsured plaintiffs.
However, for the reasons stated below, we conclude as an initial matter that the
district court prematurely decided the issue. Accordingly, we vacate the district
courts grant of summary judgment on this issue.
Factual Background
Fleming, even though Fleming was not directly insured, for any indemnification
payments it made to insured directors and officers for liability incurred for
wrongful acts.
Clause. Id. The total yearly limit on the Federal D&O policy was $25,000,000.
Fleming purchased excess insurance coverage from National Union Fire
Insurance Company. The policies issued by National Union were follow-form
policies that adopted the terms and conditions in the underlying Federal policy;
thus, coverage under the National Union policies is determined by looking to the
policy had a yearly limit of $25,000,000. In 1993, then, Fleming had $50,000,000
worth of D&O insurance coverage.
In 1996, in addition to renewing the Federal and National Union policies,
policy, whose terms and conditions are dictated by the underlying Federal policy.
Thus, in 1996, Fleming had $60,000,000 worth of D&O insurance coverage.
ERII is not participating in this appeal. During the course of the litigation
below, ERII executed a stipulation that it will be bound by any decision of the
district court and was dismissed without prejudice from the litigation.
Appellants App. Tab X, at 1 n.1.
Finally, Davids alleged that Fleming and Stuard had violated the Texas
Deceptive Trade Practices Act.
The complaint, which was amended four times (largely to increase the
amount of damages sought), alleged no wrongdoing on the part of any Fleming
officer or director other than Stuard, the Executive Vice-President who negotiated
the agreement with Davids. Also, the complaint alleged no wrongdoing on the
part of Fleming, Stuard, or anyone else against any party other than Davids.
Furthermore, the complaint alleged no wrongdoing by anyone after September
1992. See id. at 3.
The case went to trial, and in March 1996, Davids procured a $207 million
verdict against Fleming. The Texas court entered judgment in the case, but the
judgment was later vacated, and the case was subsequently settled for $19.9
million. 3 See Affidavit of Mary D. Manesis in Support of Federal Br., Ex. A at 1
n.1; Appellants App. Tab K, at 65. There is no dispute that this settlement was
covered under the 1993 Federal policy, and Federal paid a substantial portion of
the claim, leaving just over $10 million of unexhausted coverage under the 1993
Federal policy, and just over $35 million in total 1993 D&O coverage.
Appellants App. at 436, 503.
Soon after the verdict in the Davids Litigation, between March and June
1996, Fleming stockholders and noteholders filed ten different class action
lawsuits against Fleming and various officers and directors (the Class Actions).
These class actions were eventually consolidated into two separate actions, one by
shareholders and one by noteholders. The noteholders class action was filed on
In their briefs, the parties are not forthcoming about the details of this
settlement agreement. Elsewhere in the record, however, we were able to learn
that the settlement amount was apparently $19.9 million, of which Federal paid
$14.7 million, leaving $10.3 million in unexhausted insurance under the 1993
Federal policy. See Appellants App. at 435-36, 503 (affidavit of Michael D.
Daugherty, a claims examiner for Federals parent company, filed with the district
behalf of all persons who purchased one of two types of Fleming notes between
December 8, 1994 and March 15, 1996. The plaintiffs chose December 8, 1994
because that was the date on which Fleming filed a registration statement with the
Securities and Exchange Commission (SEC) which, because it contained no
mention of the then-pending Davids Litigation, was allegedly materially false
and misleading respecting Flemings exposure to contingent liabilities.
Appellants App. Tab L, at 2. The plaintiffs chose March 15, 1996 because that
was the day after the verdict in the Davids Litigation was finally handed down,
and on which the companys potential liability in the Davids Litigation finally
became public knowledge. The noteholders class action alleges that the price of
the Fleming notes was artificially inflated by Flemings failure to disclose, in the
registration statement and in subsequent SEC filings, the existence of the Davids
Litigation and the potential liability that lawsuit represented to the company.
The noteholders class action names as defendants the following parties:
Fleming; Fleming officers and directors Robert E. Stauth, Harry L. Winn,
Donald N. Eyler, and Kevin J. Twomey; and underwriters Merrill Lynch & Co.
and J.P. Morgan Securities, Inc. The suit alleges that these defendants violated
11 of the Securities Act, and 10 and 20(a) of the Exchange Act, by failing to
disclose the existence of the Davids Litigation. The suit does not allege
wrongdoing on the part of any other person or corporation, including Stuard, and
does not seek redress for any wrongdoing prior to December 8, 1994. Also, the
suit does not allege any wrongdoing on the part of the named defendants other
than their failure to disclose the existence of the Davids Litigation in the
documents filed with the SEC.
The shareholders class action was filed on behalf of all persons or
corporations that purchased Fleming common stock between November 15, 1993
and March 14, 1996. The plaintiffs in this lawsuit chose those particular dates
because November 15, 1993 was the date on which Flemings first post-Davids
Litigation SEC Form 10-Q was filed,
because March 14, 1996 was the date on which the Davids verdict was handed
down and on which the companys potential liability in the Davids Litigation
became public knowledge. The shareholders class action alleges that the price of
Flemings stock was artificially inflated due to Flemings failure to disclose, in
documents filed with the SEC or in other public statements such as annual
reports, either (1) the existence of the Davids Litigation and the potential
liability that lawsuit represented to the company or (2) the fact that a portion of
Flemings profits were derived from overcharging customers.
The shareholders class action names Fleming as a defendant, as well as
Fleming officers and directors Stauth, Devening, Eyler, and Twomey. The suit
alleges that these defendants violated 10 and 20(a) of the Exchange Act. The
suit does not allege wrongdoing on the part of any other person or corporation,
including Stuard, and does not seek redress for any wrongdoing prior to
November 15, 1993.
As of June 1999, both Class Actions were still pending before the United
States District Court for the Western District of Oklahoma.
Procedural History
Soon after the Class Actions were filed, Fleming notified the Insurers
the existence of the lawsuits. Federal replied that it considered the Class Actions
to be covered by the 1993 policy and not the 1996 policy. Fleming objected,
because nearly $15 million of Federals $25 million annual policy limit had
already been exhausted for 1993, as a result of the Davids Litigation. Federal
based its position on the language of the 1993 policy which states that
[f]or the purpose of this policy, all Loss arising out of all interrelated
Wrongful Acts of any Insured Person(s) shall be deemed one Loss,
and such Loss shall be deemed to have originated in the earliest
Policy year in which any of such Wrongful Acts is first reported to
the Company.
Appellants App. at 8. The policy defines Wrongful Acts and interrelated
Wrongful Acts as follows:
alleged in the Davids Litigation and the securities violations alleged in the Class
Actions are causally connected, and therefore are interrelated Wrongful Acts.
Thus, Federal asserts that the Class Actions are covered by the 1993 policy.
In October 1996, Fleming and several of its officers and directors filed this
lawsuit, under 28 U.S.C. 2201 and 28 U.S.C. 1332, seeking a declaratory
judgment that the Insurers have a duty to indemnify Fleming, under the 1996
D&O policy, for any loss resulting from the Class Actions. The Insurers
answered by denying that the Class Actions were covered under the 1996 policy,
and by asserting, among other affirmative defenses, that they were entitled to an
The 1996 policy contains a similar statement that losses stemming from
Interrelated Wrongful Acts shall be treated as one Loss which shall be
deemed to have originated in the earliest Policy Period in which a Claim is first
made against any Insured Person alleging any such Wrongful Act or Interrelated
Wrongful Acts. Appellants App. at 88. The 1996 policy also defines
Interrelated Wrongful Acts as all causally connected Wrongful Acts.
Id. at
93. Causally connected is left undefined in both policies.
allocation, and that they were only obligated to pay for loss directly incurred by
the directors and officers, and not by the corporation itself.
On August 1, 1997, before discovery had been conducted in the case,
Fleming moved for summary judgment, arguing that there was no genuine issue of
material fact in the case, and that the Class Actions were not causally connected
to the Davids Litigation. Also, Fleming argued that the Insurers were not
entitled to an allocation. Both Insurers responded to Flemings motion. National
Union responded by arguing that there were genuine issues of material fact
surrounding the causally connected inquiry, and that therefore summary
judgment was improper on that issue. National Union also argued, as it does here
on appeal, that any decision with regard to the allocation issue would be
Federal responded by arguing that there was no need for additional
discovery, and that the undisputed facts, as ascertained from the allegations
contained in the Davids complaint and the Class Action complaints, indicated
that the two sets of litigation were causally connected. In the alternative,
The record reflects that as of August 1, 1997, Federal had noticed the
depositions of two Fleming employees and had submitted one set of
interrogatories and document requests to Fleming. Fleming responded to the
interrogatories and document requests on September 2, 1997. The record does not
reveal whether the two noticed depositions ever took place, and the record does
not reveal whether any other discovery was conducted in this case.
however, Federal stated that [i]f . . . the Court concludes that a determination of
interrelatedness [and causal connection] raises factual issues, Federal requests
that plaintiffs Motion be denied under Rule 56(f) and Federal be allowed to
conduct discovery into such issues. Appellants App. Tab S, at 20. Federal also
argued, as did National Union, that any decision on the allocation issue would be
On September 2, 1997, Federal filed a summary judgment motion of its
own, asking the district court to enter summary judgment in its favor and against
Fleming on the interrelatedness issue. In this motion, there was no mention of
any factual dispute; indeed, Federal maintained that there were no disputed issues
of fact and asked the court to enter summary judgment. Fleming responded by
arguing, as it had in its own motion, that the Class Actions and the Davids
Litigation were not causally connected. Again, Fleming made no argument that
disputed facts were in issue.
In addition, National Union took the unusual step of responding to
Federals summary judgment motion, which had sought summary judgment
against Fleming . In its response, National Union argued vigorously that there
were disputed factual issues with respect to interrelatedness and causal
connection, and that any summary disposition of that issue would be improper.
On November 12, 1997, the district court granted summary judgment for
Fleming and the directors and officers. The court made no mention of any
disputed factual issues, stating only that it made its determination [b]ased upon
the parties submissions. Appellants App. Tab X, at 1. The court held that the
pricing practices underlying the Davids Litigation and the securities violations
alleged in the Class Actions were not interrelated Wrongful Acts as that term
has been defined by other courts, and that the Insurers affirmative defense of
allocation failed as a matter of law under the larger settlement rule.
The Insurers now appeal from this judgment of the district court. On
appeal, Federal asserts that the district court erred by holding that the pricing
improprieties and the securities violations were not interrelated. Federal argues
that the district court ignored the policy requirement that the acts be causally
connected, and asserts that the two events are in fact causally connected and
therefore are interrelated wrongful acts. Alternatively, Federal claims that section
5(a) of the 1996 policy precludes coverage for the Class Actions.
Federal does
shall not be liable for Loss on account of any Claim made against any
Insured Person: (a) based upon, arising from, or in consequence of
any circumstance if written notice of such circumstance has been
given under any policy or coverage section of which this coverage
section is a renewal or replacement and if such prior policy or
coverage section affords coverage (or would afford such coverage
not argue on appeal that any outstanding factual issues exist which would prevent
summary judgment on this issue. With respect to the allocation issue, Federal
asserts that the district court erred by holding that the allocation defense fails as a
matter of law. Federal argues that the issue was not ripe for decision, since no
settlement or judgment has yet been entered in the Class Actions, and further that,
even if it were proper to reach the issue, the district court should not have applied
the larger settlement rule in this case. National Union does not appeal the
district courts holding that the two sets of litigation were not interrelated; rather,
National Union concentrates its appeal on the allocation issue, urging the same
arguments advanced by Federal.
We review a decision granting summary judgment
legal standard applicable in the district court.
America , 50 F.3d 793, 796 (10th Cir. 1995). Summary judgment is proper only in
cases where there is no genuine issue as to any material fact and . . . the moving
party is entitled to a judgment as a matter of law. Fed. R. Civ. P. 56(c).
except for the exhaustion of its limits of liability) for such Loss, in
whole or in part, as a result of such notice.
affidavit filed with this court in this case by Federals counsel Mary D. Manesis,
we glean information that the Davids case settled for $19.9 million, and from an
affidavit of a claims officer filed with the district court in this case, we learn that
Federal paid $14.7 million of the settlement. This suggests, among other things,
that Stuard himself was responsible for the greater loss, but Fleming, after
deductibles, was responsible as a company for some of the loss. As indicated
above, Stuard is not named in the Class Actions, and no allegation in those
actions refer to him, and the individuals named in the Class Actions are not
named in the Davids suit.
Additionally, Federal directs our attention to the fact that besides the
Davids suit, two other Fleming customers brought actions, but Federal offers no
details regarding these other suits. Federal then asserts that other Fleming
customers investigated pricing matters, a bland reference which as easily
suggests that those customers found no actionable conduct by Fleming as the
opposite. See Federal Br. at 23, 25.
Furthermore, Federal furnishes no sense of scale or proportion other than to
assert that Fleming is a multi-billion dollar business. We are not informed, for
instance, whether the Davids settlement was proportionately minuscule; whether
Davids is only one of hundreds or thousands of customers; whether it rates as a
Federal Br. at 26. Indeed, there are two general lines of authority dealing with
the term interrelated acts in insurance policies, neither of which applies
squarely to this case. The first involves policies which do not further define the
term, leaving it to the courts to ascertain the meaning.
& Loan Assn v. American Cas. Co.
1988). Most courts faced with such policy language have generally taken a proinsured approach to defining interrelated, and have held that legally distinct
claims that allege different wrongs to different people are not interrelated
claims. Ambassador Group , 691 F. Supp. at 623; see also Home Ins. Co. v.
Spectrum Info. Techs., Inc. , 930 F. Supp. 825, 849 (E.D.N.Y. 1996) (stating that
claims which describe wrongs which are factually and legally distinct from the
prior claims are not interrelated);
Supp. 1129, 1133 (D. Kan. 1985) (stating that a series of four separate loan
transactions were not interrelated because they occurred at separate times,
involved different borrowers, were for different purposes, and had separate
Many of the courts that take a pro-insured approach when faced with
policies which do not define interrelated cite, as a major reason for taking such
an approach, the maxim that ambiguities in insurance policies must be
interpreted in favor of the insured.
cf. Atlantic
Permanent Fed. Sav. & Loan Assn v. American Cas. Co. of Reading, Pa.
F.2d 212, 219-20 (4th Cir. 1988) (holding that several different acts
, 839
interrelated, in part because such a holding benefitted the insured in that case, and
stating that Virginia law requires us to construe all ambiguities in insurance
contracts against the insurer and in favor of coverage). Oklahoma insurance law,
applicable in this case, contains a similar requirement.
Farm Fire & Cas. Co. , 961 P.2d 828, 830 (Okla. 1998) (stating that words of
inclusion are construed against the insurer; and [] words of exclusion are
, 859 P.2d
1992). Other policy definitions are even more specific, excluding coverage
whenever all or part of [any] claim is, directly or indirectly, based on,
attributable to, arising out of, resulting from or in any manner related to the
Insureds Wrongful Act(s).
F.2d 596, 600 (1st Cir. 1992);
, 981
961 (10th Cir. 1992). Other companies have used the following language:
Interrelated Wrongful Act(s) means Wrongful Acts which are the
same, related, or continuous; or Wrongful Acts which arise from the
same, related, or common nexus of facts. Claims can allege
Interrelated Wrongful Acts regardless of whether such Claims
involve the same or different claimants, Insureds, or legal causes of
Specimen Policy Forms For Lawyers Professional Liability Coverage in New
York, Practising Law Institute: Litigation and Administrative Course Handbook
Series 580, at 516 (1998) (quoting a policy issued by American International
Companies). Courts interpreting these specific definitions have been much more
willing to find acts to be interrelated. Some of these courts have even
concluded that but for causation is enough, under such policy language, to
render two acts interrelated.
As indicated above, in the case before us, the policy language does not fit
neatly into either of these two general lines of authority. The Federal policy does
contain a definition of interrelated, but this definition is not as specific as the
definitions in the second group of cases discussed above. The Federal policy
merely defines Interrelated Wrongful Acts as causally connected wrongful
acts. This definition does not greatly advance our inquiry because, not only does
it fail to parallel the language in either of the two groups of established cases, it
merely poses a further question: What is the meaning of causally connected?
Federal argues first that the alleged acts of overpricing through 1992 and
the later acts of alleged non-disclosure or concealment in reporting are part of a
single, unitary plan to defraud; thus, they are causally connected at the very least.
Alternatively, Federal argues that causally connected means any act that flows
from another, or that would not have happened but for the precedent act.
Finally, it argues that the plain meaning of the words compels a conclusion in its
Likewise, we regard
Couch on Insurance
101:40 (1998). But [p]roximate cause must be distinguished from mere causal
relation, which requires only a cause and effect relationship or sequence;
proximate cause imposes an element of nearness or proximateness of the cause to
the effect or result.
said to be proximate when it sets in motion a chain of events which results in the
loss without the intervention of any new or independent force.
allowed to pursue discovery into whether there was a unitary, overarching scheme
to defraud both customers and investors. Federal stated that it should be allowed
to conduct discovery to ascertain whether the acts underlying the Davids Action
and Class Action Litigation are distinct acts or arise out of a unitary fraudulent
scheme by defendants. Appellants App. Tab S, at 21. National Union argued
that the parties dispute whether the alleged misrepresentations and failures to
disclose in the Class Action Litigation form a part of a scheme to overcharge
Flemings customers. Appellants App. Tab. T, at 8.
also id. 101:41 (stating that proximate cause, generally, has a different
meaning in insurance cases than it has in tort cases);
Assurance Co. , 450 F.2d 1079, 1081 (10th Cir. 1971) (applying Oklahoma law
and stating that the rule of proximate cause as applied ordinarily in negligence
cases does not apply in construing liability under the policy in question (citations
omitted)). Certainly the 1996 and 1993 actions relate to each other at some level,
as Federal strongly argues. But whether they interrelate in the sense of being
proximately causally connected is still more speculative and argumentative than
not. Even if we were to compare the allegations in the complaints with respect to
acts and actors, despite the fact that the Davids Litigation was settled on a basis
unknown to us, we would still not be able to say with any confidence that the
pleadings portray a continuous unbroken sequence of events. Thus, returning to
Federals flows from concept, we are unpersuaded at the proximate cause level,
and no other satisfactory definition of the term presents itself.
We must, of course, address the flows from conceptand the causally
connected concept as a wholefrom the practical standpoint of coverage, not as
an abstract proposition. In the end it is a judgment call whether a broad or narrow
definition of the policy language is applied to the facts before us and whether to
resolve any doubts in favor of coverage and against the drafter of the policy
language. In doing so, sitting in a diversity jurisdiction case where there is no
case law from the highest appellate court of the forum state directly on point, we
must in essence sit as a state court and predict how the highest state court would
rule. Wood v. Eli Lilly & Co. , 38 F.3d 510, 512 (10th Cir. 1994);
Phillips v. State Farm Mut. Auto. Ins. Co.
see also
From our reading of the Oklahoma cases, we conclude that the Oklahoma
Supreme Court would construe any ambiguity surrounding the term causally
connected against the insurance company and in favor of coverage on this
record. We do so here, and conclude that for coverage purposes the Class Actions
are not causally connected to the Davids action.
Section 5(a)
In the alternative, Federal argues that section 5(a) of the parties 1996
policy precludes 1996 coverage for the Class Actions. This argument fails also.
In order for section 5(a) to apply, the loss in question must be covered by a prior
policy. The policy states that Federal is not liable under the 1996 policy for loss
for any claim based upon, arising from, or in consequence of any circumstance,
if two conditions are met: (1) if written notice of such circumstance has been
given under any policy of coverage of which this coverage section is a renewal or
replacement, and (2) if such prior policy or coverage section affords coverage
(or would afford such coverage except for the exhaustion of its limits of liability)
for such Loss. Appellants App. at 87. Without expressing any opinion as to
whether the first of these two conditions precedent is met, we think the second
condition is certainly not satisfied. We hold directly above that any loss resulting
from the Class Actions is covered under the 1996 policy, and not the 1993 policy.
Thus, no prior policy affords coverage for any Class Action losses, and
therefore section 5(a) is of no help to Federal.
We conclude, therefore, that any Class Action losses are covered under the
parties 1996 policy, rather than the parties 1993 policy, and that the district
court correctly entered summary judgment on this point in favor of Fleming and
the directors and officers.
Both Federal and National Union appeal from the district courts grant of
summary judgment on the allocation issue. The Insurers argue first that the
district courts summary judgment as to allocation is premature in this case
because no settlement has yet been reached in the Class Actions, and therefore
there is nothing to allocate at this point. They argue further that even if the
district courts decision was not premature, it was incorrect, because the district
court should have applied the relative exposure rule rather than the larger
settlement rule. We agree with the Insurers that the district courts allocation
decision was premature.
The allocation problem arises when both the uninsured corporation (or
other uninsured parties) and the insured directors and officers are found liable in
a securities lawsuit. In such cases, it is often difficult to determine the amount of
the eventual award attributable to the directors and officers (and therefore subject
to the policy). This determination is made especially difficult where cases are
settled out of court, and one lump sum is paid to the plaintiffs.
The parties policy provides only limited guidance on allocation issues.
The 1996 policy, which, as we hold above, covers any loss resulting from the
Class Actions, states that the Insurers must compensate the Fleming directors and
officers (or Fleming itself, if Fleming indemnifies the directors and officers) for
loss covered under the policy; the policy defines loss as the total amount
which any Insured Person becomes
on account of each
Claim . . . made against them and covered under the policy. Appellants App. at
86, 93 (emphasis added). In addition, the 1996 policy contains an allocation
clause, which requires both parties to use their best efforts to agree upon a fair
and proper allocation. Appellants App. at 90. This best efforts policy
language requires an allocation
Courts faced with the allocation problem have applied one of two different
rules. The relative exposure rule allocates settlement amounts according to the
relative exposures of the respective parties to the [suit].
PepsiCo, Inc. v.
Continental Cas. Co. , 640 F. Supp. 656, 662 (S.D.N.Y. 1986). The relative
exposure rule . . . envisions a somewhat elaborate inquiry into what happened in a
settlement and who really paid for what relief.
American Ins. Co. , 62 F.3d 955, 961 (7th Cir. 1995). The larger settlement
rule, on the other hand, involves a simpler inquiry. This rule allows allocation of
settlement costs only where th[e] settlement is larger because of the activities of
uninsured persons who were sued or persons who were not sued but whose actions
may have contributed to the suit.
allowed under this rule where the uninsured partys liability is concurrent with
the liability of the insured parties, because in such cases, the uninsured partys
conduct has made the settlement no larger.
The only two federal circuits to address the allocation issue have applied the
larger settlement rule to the facts before them.
962; Nordstrom, Inc. v. Chubb & Son, Inc.
The Insurers argue, however, that the allocation landscape was altered in
December 1995, when Congress passed the Private Securities Litigation Reform
Act of 1995 (PSLRA). Pub. L. No. 104-67, 109 Stat. 737 (1995). That statute
abolished joint and several liability in private securities lawsuits, except in cases
where the defendants committed knowing violations of the securities laws. Each
liable person, under the statute, is liable only for that portion of the judgment for
which they are responsible. 15 U.S.C. 78u-4(g)(2)(B)(i) (1997) (stating that
persons found liable in private securities suits shall be liable solely for the
portion of the judgment that corresponds to the percentage of responsibility of
that . . . person). The statute provides guidelines for the factfinder to follow in
determining the discrete percentages of responsibility attributable to the various
liable defendants in the lawsuit.
all decided earlier in 1995, before the passage of the PSLRA, and therefore, the
Insurers argue, these cases do not take into account the statutory pronouncements
of the PSLRA.
The parties do not seem to dispute that the PSLRA applies to the Class
Actions, because the Class Actions were filed in 1996, after the passage of the
PSLRA. Thus, if the Class Actions go to trial, the factfinder will, in accordance
with the statute, be required to determine the exact percentages of fault
attributable to the various defendants. In such a situation, the culpable directors
and officers will each be assigned a relative percentage of fault, and thereby also
assigned to pay a relative percentage of the judgment. Thus, in securities suits
covered by the PSLRA that actually go to trial, the entire question regarding the
proper allocation rule is rendered moot. That is, unless the Class Actions settle
before trial, we need not determine whether the larger settlement rule or the
relative exposure rule is the better one.
The district court, without mentioning the PSLRA, entered summary
judgment for Fleming and the directors and officers on the allocation issue.
Relying on the cases from the Ninth and Seventh Circuits which have applied the
larger settlement rule, the district court determined that the larger settlement rule
should apply in this case as well. The court then stated that an actual settlement
is not required to determine the allocation issue. The Court finds the defendants
affirmative defense of allocation fails as a matter of law. Appellants App. at
650-51. In making the determination that the affirmative defense failed as a
matter of law, the district court was implicitly stating, without the benefit of a
settlement or judgment to guide it, that Fleming (or other named or unnamed
uninsured parties) could not possibly be found separately liable in the Class
Actions as those lawsuits had been pled.
In determining whether the district court properly granted declaratory relief
in this case, we are constrained by the proposition that the oldest and most
consistent thread in the federal law of justiciability is that federal courts will not
give advisory opinions.
long struggled to reconcile the rule against advisory opinions with their authority
the Court held that a declaration could issue in a case brought by an insurance
company against a third party, even though any claim the third party might have
against the insurer was contingent upon (1) his obtaining a final judgment in
state court against the insured, and (2) the insureds failure to personally satisfy
the judgment.
Casualty , set forth the test for determining whether a dispute was appropriate for
declaratory relief:
The difference between an abstract question and a
controversy contemplated by the Declaratory Judgment Act is
necessarily one of degree, and it would be difficult, if it would be
possible, to fashion a precise test for determining in every case
whether there is such a controversy. Basically, the question in each
case is whether the facts alleged, under all the circumstances, show
that there is a substantial controversy, between parties having
Maryland Casualty ,
courts have usually been willing to decide questions relating to the existence of
coverage under an insurance policy, even though such questions are often
contingent on several factors, including whether a court in the underlying
litigation finds the insured party liable.
2760 (1998).
For instance, in this case, there is no question that the first part of the
casethe coverage issuepresents a live controversy despite the unsatisfactory
manner in which it is framed by the parties, and neither our opinion nor the
district courts opinion on this point is unconstitutionally advisory. This is so
despite the presence of several contingencies, including whether the insured
directors and officers are found liable in the Class Actions, and whether any
settlement or judgment in the Class Actions exceeds $10.7 million (the
unexhausted amount of coverage available under the 1993 policy).
However, we are convinced that the second part of the case is at least one
step removed from the paradigmatic insurance declaratory relief case. The
allocation issue presents additional contingencies not present in the other portion
of the case. For our opinion on the allocation issue to have any relevance, parties
other than the insureds must be found liable in the underlying litigation. These
parties may include Fleming itself, the underwriters named in the noteholders
Class Action, or other unnamed parties.
Actions go to trial, we need not decide the allocation questions because the case
will be governed by the procedures set forth in the PSLRA. These additional
contingencies increase the odds, beyond those usually found in insurance
declaratory relief cases, that our allocation opinion could turn out to be advisory.
We stated in Kunkel that [c]ertainly a situation may be hypothesized where the
The district court held that the larger settlement rule was the proper
allocation rule in this case, and went on to enter summary judgment for Fleming
and the directors and officers because, it held, the Insurers allocation
counterclaim failed as a matter of law under the larger settlement rule.
Presumably, the district court based this holding on the assumption that no
uninsured party could, under the allegations in the Class Actions, be held
separately liable for the securities fraud. We fail to see how summary judgment
would be proper in this case even if we were to assume that the district court was
correct to apply the larger settlement rule. The noteholders Class Action, for
instance, names as defendants certain underwriters, who are undisputedly not
insured by the policies in question.
See Appellants App. at 310. Alternatively, it
is certainly conceivable that Fleming itself could be found liable on some of the
securities claims, even if the directors and officers are not, due to differing
standards of liability and the availability of certain defenses to the directors and
officers. On the record before us, we cannot say at this point that, as a matter of
law, no uninsured party can be found separately liable for securities fraud in the
Class Actions. Thus, even if we were to assume (which we do not) that the
district court was correct to apply the larger settlement rule, we cannot see how
summary judgment would have been proper on the allocation issue.
We think that an opinion on the allocation issue in this case, at least before any
settlement or judgment has been rendered, would be premature and, because of
the many contingencies involved, would be advisory in nature. Phrased in terms
of the Maryland Casualty test, we do not think that, under all the circumstances
presented here, there is a substantial controversy of sufficient immediacy and
reality to warrant the issuance of a declaratory judgment.
Also important to our conclusion is the unusual procedural posture of this
portion of the case. The allocation issue was presented to the district court as an
affirmative defense, pled by both Insurers when they answered Flemings
See Appellees Supp. App. at 31, 46. However, before the district
court and on appeal, both Insurers have implicitly argued that their own
counterclaim was premature, and at least one of the Insurers has explicitly made
the argument on appeal that the district courts opinion in response to its own
At oral argument, counsel for Federal stated that the Insurers pled the
affirmative defense only to avoid potential insurance bad faith claims, in the
event that a settlement was reached, without their participation, which was
unpalatable to the Insurers. Federals counsel stated at argument that the Insurers
considered it a mandatory exercise to plead the affirmative defense, while
recognizing that it was something which should be decided, if at all, after the
policy provisions had been complied with with respect to good faith meeting and
negotiation, and after a settlement had been arrived at.
Simply stated, no court has ever reached the issues Fleming and the directors and
officers ask us to reach here, in the absence of a settlement or judgment to guide
the analysis and remove several of the contingencies hanging over this portion of
the case. We decline the invitation to become the first court to do so.
In sum, the allocation issues in this case do not present a controversy
immediate enough to warrant the issuance of a declaratory judgment. Any
opinion we might issue with regard to these questions would be premature and in
the nature of an advisory opinion. Therefore, we vacate that portion of the
district courts opinion dealing with allocation, and remand the case to the district
court with orders to hold the case in abeyance until the Class Actions have either
been settled or dismissed or have proceeded to judgment.
For the foregoing reasons, we AFFIRM the district courts grant of
summary judgment as to coverage, VACATE the district courts opinion and
judgment as to allocation, and REMAND for further proceedings consistent with
this opinion. It is so ordered.
Stephen H. Anderson
Circuit Judge


text:
Tim McDonnell
Tim McDonnell is a senior fellow on the Climate Desk, where he covers national energy policy.
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