text:
Follow RFF News on your cell phone. Text follow rff to 40404 you will receive txt messages with RFF News
0 Members and 1 Guest are viewing this topic.
Um . . . something wrong with them?
Quote from: Paron on January 21, 2010, 05:15:37 PMUm . . . something wrong with them?I don't think my answer would be viewed as anything but "offensive," so I won't elaborate.
this team's gott a lot of potential to be in the final 3. they look strong.
Amazing Race's Carol and Brandy: Caite "Very Clearly Had a Problem with Us As Lesbians" Caite Upton and Brent Horne seemed to have it out for Carol Rosenfeld, 47, and Brandy Snow, 40, from the beginning of The Amazing Race this season which was news to the couple. "We both had separate conversations with her and Caite talked about [her infamous answer at Miss Teen USA 2007]and how she overcame it. I remember specifically saying, 'Good foryou,' so to find out how much she hated us was a complete shock," Caroltells TVGuide.com. The models' self-described hatred culminated in themU-Turning Carol and Brandy in Sunday's episode, leading to theiranger-filled elimination. Get the duo's take on the so-called "feud,"why they think Caite in particular was after them, and if they would'veused the U-Turn on the models.TVGuide.com: What was your first thought when you saw that you were U-Turned by Brent and Caite?Brandy:Just shock. In a common-sense world, strategy dictates, you know, "takethe stronger team out." They didn't do that. I had no idea how personalit was. We never really had any negative interactions with Caite orBrent. We didn't seek out a friendship with them, but we also didn'thave an opportunity to race alongside them except in Malaysia when theypassed us on the stairs. When they did that, you didn't see us pissed.I actually told Caite that she did a kick-ass job. Just like how I saidto Mike, "You're a rock star." We both were very complimentary andsupportive of the other racers. To watch the name-calling and hatredunfold has been an emotional rollercoaster. It's also surprisingbecause you don't know it's happening until you watch it. You know,them calling us "the mean lesbians."Amazing Race's Steve and Allie: Elimination was "hard to swallow"TVGuide.com: They hardly ever referred to you by your names.Brandy: Yeah, it's like, "I have a name!"Carol:I don't want to go to the point where I say she's homophobic becausethat's a pretty severe indictment of somebody. I don't know. Peoplewill have to be the judge of that, but you watch it and you don't knowthis is going on, and you like to think that in this day and age,people of a much younger generation would be a little more open-minded.It is what it is. She was clearly obsessed with beating and eliminatingus. I think she very clearly had a problem with us as lesbians, notwith us as individuals because she never individually indicts one of usas having done anything specifically wrong to them.TVGuide.com:She seemed to be hung up on your tiara comment in the first episode andsaid you guys were always mean to her. Did you make other comments orjokes about her that we didn't see?Carol: No. The wholejoke is, "Is she racing with her sash and tiara?" That's not even mean!I don't think it is at all a personal attack or a value statement aboutit. We made the same joke about the cowboys: "It's amazing the cowboysraced in their magic hats." I think it would've been hysterical had sheshown up in a sash and tiara. That would be props to her. ... She likedto use the word "haters" about people who latched on to the YouTubesensation. You kind of wonder if "hater" maybe applies back the way shespoke about us. And having gone through that, you think maybe shewould've been more sensitive to that.Amazing Race's Jeff and Jordan: We like to make mistakesTVGuide.com: So you had no inkling at all that they would U-Turn you?Carol:We had no idea. Our goal was to fly under the radar. ... As I lookback, I think she maybe thought Brandy was stealing her spotlight. Shesaid on the show she would like to be the only girl left. Brandy's abeautiful woman and she's a former model. This is what Caite aspires tobe. I don't think she expected a woman to be on there who was every bitas attractive as she was. I'm not blaming Brandy, but you know, ifanyone is to blame, it's me for making a joke Day 1. I'm a joker! Yousaw it on the zipline. Brandy was like, "Why are you going faster?""Because I'm fatter than you are!" ... I make jokes about myself beforeI do about anyone else. If you don't have a sense of humor aboutyourself, I don't know how you get through life. If you choose to putyourself out there, you better have a sense of humor.TVGuide.com:The cops "trained" Brent and Caite to U-Turn you in an effort to avoidbeing U-Turned themselves. What do you think about that?Brandy:While I don't like the way the cops played the game, they get props forbeing smart. Two weeks ago, watching them stand on the mat and callingus out, I was heartbroken because we were friends with them. Talk aboutfeeling blindsided. This was on the tail of having a very private andpersonal conversation with Michael about his wife, his daughter, hisanger-management issues, so that shocked us. Maybe I was just naïve innot realizing the level of gamesmanship. Amazing Race's Joe and Heidi: Morse code challenge was "an impossible task"TVGuide.com: A lot of fans think you would've U-Turned Brent and Caite if you had gotten there first. Would you have?Carol:No! We would've U-turned the cowboys. There's a clip online from theMalaysia leg where Phil asked us, "Who would you like to see leave?" Wesaid, "We wouldn't really want to see anybody go." We were like, "Leteverybody do their best and the chips will fall where they may." Weknew the U-Turn was part of the game. Our strategy then was that thecowboys appeared to be the strongest team and then the second strongestteam was Mike and Louie. They've each won the most legs. Brandy:The cowboys set a record in Malaysia. No one had ever before gone fromlast to first with a Speed Bump. They're strong competitors, they'resmart competitors, and we were focused on the race, not the racers. Wewould not have made it personal not that we had a reason to make itpersonal with any team.TVGuide.com: From your point of view, there was no feud between you and Brent and Caite at all?Brandy:Right. What we find fascinating in the way this has been skewed, thatthere is a feud. There was no feud. You have to have two partiesparticipating for there to be a feud. We were the object of her hatredand derision. There wasn't a feud until [Sunday's] episode where itexploded! I don't like being attacked. I don't like being blindsidedand that's exactly what happened when they U-Turned us. Seriously,we're in the Seychelles and I'm bonding with Caite over a kitty! It wasvery stunning for it to happen. We had no clue they would U-Turn us orthat they hated us like that. Now America's starting to believe thereis a feud.Amazing Race's Monique and Shawne: We hated "that stupid wooden horse"TVGuide.com: You were angry after getting U-Turned. Do you think your anger affected your performance afterward?Carol:No. The fact of the matter is, while we were toast, we caught up toLouie and Mike, and Jet and Cord at the Roadblock. I'm also amazedbecause ... Louie and Mike were the ones running around like chickenswith their heads cut off. They couldn't do the drums, they tried to dothe Fast Forward, they went to the ice cream. We were still in therunning. We always knew from a physical standpoint that we weren'tgoing to outrun anyone. It would take three of my strides to match oneof Brent's. So for us, it was to stay in it. We didn't hope mistakes onour other people. We'll do our best and that's all we can do.TVGuide.com: What are you up to now?Brandy: Work!Carol:Yeah, work. I recently had a death in the family ... so dealing withthat and trying to ignore all this hoopla. Being called a "meanlesbian" versus losing a parent, you know, [the former is] not going toaffect me the rest of my life. Now we're going to be the fiercelesbians!
After finishing the two of The Amazing Race's last three legs in second place, the "Dating Couple" team of Carol Rosenfeld and Brandy Snow appeared to be beginning to peak just as the Race was entering its final legs. However unbeknownst to them, they had earned the ire of "Dating Models" Caite Upton and Brent Horne -- who opted to use the ninth leg's special U-Turn option to force Carol and Brandy to complete an additional Detour task that resulted in the women becoming the seventh team eliminated from The Amazing Race's sixteenth edition. On Monday, Carol and Brandy talked to Reality TV World about their The Amazing Race experience -- including how they were surprised to learn Caite had an issue with them, what "mean things" they believe they had actually said to Caite, whether they feel the fact that Caite only ever seemed to identify them as "the lesbians" may have suggested she had additional issues with the women, and what they thought of some of "Detectives" Louis Stravato and Michael Naylor's gameplay tactics. Reality TV World: Other than the "tiara" comment the producers kept showing another team telling Caite you'd made about her again and again and again, what other "mean things" did you ever say directly to Caite? That's all they ever seemed to show. Brandy Snow: That's all they HAD to show! Carol Rosenfeld: Yeah. Brandy Snow: I mean let's be honest. (laughs) Carol Rosenfeld: I think watching the last several weeks, when it started with "the lesbians" and "the mean lesbians" and "the lesbians" and "the mean lesbians," I think we were both kind of blindsided because to have this painted as some kind of feud with Brent and Caite, we were completely unaware of any kind of feud. We were never really in the same place with them until we were a good five or six legs into the Race. We were on different buses in South America, on different planes leaving South America, and I have yet to see a tape of us being mean or rude or less than polite. All I've seen is a lot of "good job you guys" and "good luck today." So someone's going to have to show me and prove it to me. Whether they were manipulated by Mike and Louie into believing that or she thinks or lesbians are mean, I really don't know. Brandy Snow: (laughs) Reality TV World: "The lesbians" seemed to be the only way Caite ever referred to you during the Race, and it seemed to reach the point on last night's episode where Jordan finally broached the obvious question of whether her dislike of you was simply because you're lesbians. What's your take on that? Brandy Snow: I think it is. Carol is actually hesitant to use the word homophobic, as am I because I don't think she's specifically homophobic. I think she has a problem with lesbians. I think that they call into question -- you know look, she was raised in a pageant world, she competed in pageants. There's value placed on being beautiful and a lot of different things that kind of go along with that. And I think the way that Carol and I are, the way that we operate in the world -- who we are and what we stand for -- is very different and called into question and perhaps threatened who she is or what her core values were. And I have to say for me, this was my national coming out party. Like, I'm on national television. Work acquaintances and people like that are like, "Oh, I had no idea!" Because I'm just a very private person. My family had met many of my past lovers in past relationships and things [but] I didn't run around broadcasting anything because I'm just a very private person. So being on national television, having it being my national coming out party, and then being labeled and hated -- that label has been a really interesting, sort of devastating, very emotional kind of experience to have to go through. And Caite posted something on her Facebook last night about how she doesn't hate gays and lesbians, she actually loves them and supports them, but well then it's like if you had a specific issue with either one of us, or either one of us had said something that offended you -- specifically -- [then] call us out and use our [actual] names, don't lump us together and label us. Carol Rosenfeld: I'm not buying she doesn't. I mean it wasn't like they took the "tiara" comment and played it over and over in terms of her saying -- I mean it was every week on more than one occasion. So Brandy said the exact thing -- I would be very hesitant to call anybody homophobic because I think it's a pretty harsh statement and criticism of somebody, I'll let other people be the judge of that. But it is kind of with the hate and derisiveness with which she says it in kind of that snide way, and it's like "wow." I think also, to some degree, she also felt -- and I'm not blaming Brandy at all -- that Brandy was stealing her thunder. There's another very beautiful woman on the show, she's been a successful model in Europe, and I think Caite was a little probably surprised and intimidated by that. It was funny because we were like "good job," "you guys rock" -- I mean we knew that they were younger and faster and stronger than we were. So it's kind of odd to see that people may have also been intimidated by independent, half-intelligent woman. Reality TV World: [But] you guys did go off on her after you found out you'd been U-Terned... Brandy Snow: Oh yeah... are you kidding me? Carol Rosenfeld: You haven't even seen -- if she thinks I'm a mean lesbian, that was even nice of me. Brandy Snow: (laughs) Carol Rosenfeld: You haven't even see me... Brandy Snow: Carol was censoring herself, I did not. Carol Rosenfeld: I was totally censored myself. Reality TV World: Well what I was going to say was, do you have any regrets about that or do think at that point all bets were kind of off? Carol Rosenfeld: No, I'm sending dictionaries for Hanukah. Brandy Snow: In my mind I have zero regret, I couldn't have done it any differently. I was very invested in the Race and was completely blindsided and attacked. And I don't like being blindsided and attacked and I'm not going to take it lying down, Carol Rosenfeld: You're in the heat of the moment... Brandy Snow: I'm going down kicking and screaming. Because I wanted to stay in the Race and compete and see how far our best could get us... Carol Rosenfeld: Based on our own merit... Brandy Snow: ...and we were robbed of our opportunity. Carol Rosenfeld: Based on our own best. And we were robbed [of] that opportunity. Brandy Snow: And I had, like I said, zero idea that she hated us so much! I had bonding moments with her, great conversations with her -- I mean I know things about her based on conversations. P.S. She doesn't know that much about me, based on those same conversations, because she was very self-focused. I didn't know who she was until Jordan did his imitation -- which by the way, he's not being called to task or being [called] "mean" on. It was a genuine imitation. I had never seen the video, didn't see it until after the Race ended. And I work with celebrities. I was not particularly thrilled -- thrilled is the wrong word -- I was not particularly in awe of her. She was just another racer. Don't have much in common with her either, so while I was not overtly friendly because I'm not disingenuous, I was certainly kind and respectful and encouraging when it was appropriate. Apparently that wasn't good enough. She wanted more attention from us. Carol Rosenfeld: There's not a bunch of tape of me being mean or of us being mean. It's like I said, we were not even near them for the first third of the Race in terms of being on the same planes, the same buses, etc. And we were not at all focused [on them]. I mean I knew they young and they were fast and I thought they were good competition from that respect, but you know we weren't even around them so it would be impossible for us to be mean. Someone's going to have to show me the tape of all that. We're on the mat at one point in the Seychelles and Phil said, "One word, how do you feel about them?" And I said "lucky," they're lucky because they had made a couple of pretty significant mistakes but it didn't come back to bite them in the sense that they were eliminated. So they were fast enough to overcome those mistakes, it was like props to them. But to watch it all and, like I said, see the derision is kind of just shocking. It really is. And you know, we've watched this every week for several weeks now and it's like we know what's coming and it's like "Wow, this is really very surprising." Reality TV World: Did you ever consider going for the Fast Forward? Brandy Snow: No. Carol Rosenfeld: We knew that we had gotten to the opera house significantly after some other people and we just thought that somebody would have already gone for it. And especially because we didn't see Dan and Jordan -- everyone else we saw running around the opera house looking for Mr. Wu. And we never saw Danielle and Jordan so I think I assumed at that point that they just had gone for it. They had just found it and gone for it. Once we left that train station, we never saw Danielle and Jordan again. We saw Brent and Caite. We saw Jet and Cord. We saw Mike and Louie. So it was like they must have gone for it, by process of elimination that's where they were. So no, we were too far behind and everything we had seen and studied [was] that for a second team to pursue a Fast Forward usually came back and really bit them in the ass. Reality TV World: What made you both initially decide you wanted to do the "Pounding Drums" Detour task instead of the "Pounding Pavement" option? Brandy Snow: I just instinctively thought the ice cream truck thing sounded heavier or harder, it sounded like it was going to take longer. Carol Rosenfeld: Yeah, also it was really early in the morning when we first got that [clue]. I want to say it was before 10AM, and my thinking was, "Who is buying ice cream before 10AM?" And I was game [for the drums]. And we got over there and Brandy was much more adept at it. I struggled, I was probably a little more like Jet at it -- I thought he was hysterical last night. I struggled with it. We went to the first [instructor] and it was the tiniest little boy, he couldn't have been three feet tall. And we were like, "Okay, we'll switch drummers." And our second instructor, the kid was great and hysterical. But I struggled with that and I think it would have been hard to sell ice cream [that] early. Had everything been an hour later I would have been, "Oh no, it's hot, we can do this." In hindsight, we blew through the ice cream so fast [when we had to do it as part of the U-Turn afterwards] but when we were doing it, again, it was an hour later and was lunchtime. I think the drums were still the right choice, I just wish I had picked it up a little faster. Hey, if I had picked it up faster then Brent and Caite wouldn't [have U-Turned us] and we wouldn't be having this conversation. Reality TV World: About how long do you think you were at the drums before you completed it? Carol Rosenfeld: We were there an hour before we got it, but Brent and Caite [only] went up on the stage right before us. I mean we were literally right behind them. Brandy Snow: We were 15, maybe 10-15 minutes behind them at the most. At the very most. We watched them go, that sort of kicked us in the ass. We ran through one more time, got the okay from our teacher -- who by the way, that little kid was the cutest, sweetest boy. We're all out there dying of heat -- it's hot -- and he's getting red in the face and he was just so patient and so sweet and so kind. I just loved him, I just wanted to take him home with me, he was very cute. Reality TV World: So I guess in hindsight, it wasn't -- given the early morning time that you would have selling the ice cream -- a situation where you feel you might have beat Brent and Caite to the U-Turn if you had chosen the ice cream Detour task right away then? Carol Rosenfeld: You know, we might have. Brandy Snow: I've wondered that, we might have. Carol Rosenfeld: Yeah, now you sit back and now that it's all done you second guess every decision you made. Hopefully that will end soon! But maybe we could have gotten through the ice cream, even at that hour of the morning, faster. Who knows? It is what it is. Reality TV World: When Louis and Michael did the ice cream task they ended up selling 10 of the sandwiches to their own cab driver, which seemed a little sketchy to some viewers given they could have basically just repaid him with a big tip later. Brandy Snow: Yeah... Reality TV World: What were your own thoughts on that, were you aware of that? Carol Rosenfeld: Did they actually end up selling him some? I mean I know he said to his cab driver "You look hungry," but did they actually end up selling some to him? Reality TV World: I believe they sold 10. Brandy Snow: Yeah, they sold 10 of them to him. Reality TV World: Their last 10. Carol Rosenfeld: Are you kidding me? Reality TV World: Their last 10, I believe. Carol Rosenfeld: Oh, I didn't know that. Brandy Snow: Yeah, you know that's amazing because we oversold by like five or 10... Carol Rosenfeld: Yeah... Brandy Snow: We didn't stop, people kept wanting ice cream from us. But it's interesting to know that because that actually is kind of shady. They could have had a deal with him and repaid him later and you, it is what it is, you can't -- I don't know. A game is a game and it kind of comes down I think [to] Mike and Louie are playing a smart game [but] it's a little disappointing because it seems like it's dirty and kind of personal. But for them it's keeping them in it. Reality TV World: How were you cast on the show -- whose idea was it? Carol Rosenfeld: You know, it was neither of our ideas. We were actually approached. We were asked to interview, we went on the interview [and] we didn't think the interview went well at all. [But] low and behold, the next think we knew we were finalists and I think we just kind of embraced that and said let's have fun with this and whatever happens, happens. It was this unique opportunity that came to both of us at the same time. It was like, "Hey, want a one in 11 chance to win a million dollars and travel around the world?" And it was very out of character for both of us so obviously you're given this amazing gift on a silver platter, it's something you want to embrace.
Reality TV World: How were you cast on the show -- whose idea was it?Carol Rosenfeld: You know, it was neither of our ideas. We were actually approached.
QuoteDO NOT LIKE!!! With each new season we're seeing more of it. The "over the transom" team might turn into an extinct species.
Page created in 0.184 seconds with 34 queries.


text:
In our News & Events section we share with you the latest legal developments in Thailand, and we invite you to browse through our News Archive for any past stories and articles of interest to you.
Additionally, pertinent information regarding recent events involving SCL Law Group and its member firms can be found on this page, including recent group and individual firm news, as well as important updates related to our firms and staff.
SCL Law Group

subset: commoncrawl


text:
1. K.S.A. 40-3113a(e) is interpreted and applied.
2. Constitutional grounds asserted for the first time on appeal are not properly before the appellate court for review.
Appeal from Seward District Court; KIM R. SCHROEDER, judge. Opinion filed May 9, 2003. Affirmed.
Paul Hasty, Jr., and James L. MowBray, of Wallace, Saunders, Austin, Brown & Enochs, Chartered, of Overland Park, for appellant.
John L. Carmichael, of Wilson, Lee, Gurney, Carmichael & Hess, of Wichita, for appellees.
Before PIERRON, P.J., KNUDSON, J., and PATRICK D. MCANANY, District Judge, assigned.
KNUDSON, J.: Allstate Indemnity Company intervened in its insured's third-party litigation against a tortfeasor to protect its lien for personal injury protection (PIP) benefits that had been paid. Ultimately, the third-party litigation was settled, and the district court awarded the insured's attorney 25% of the PIP subrogation recovery as attorney fees. Allstate appeals, contending the law does not provide for the apportionment of attorney fees under the uncontroverted facts of the case and, alternatively, the apportionment was grossly unfair.
We affirm.
The parties agree there was a recovery of $23,535.22 duplicative of PIP benefits and that a 35% contingent fee was reasonable. What is at issue is the district court's attorney fees award of 25% to the insured's attorney with only 10% to Allstate's attorney.
Allstate's argument is straightforward--K.S.A. 40-3113a(e) is not applicable where the insurer retained its own attorney who intervened and was solely responsible for the recovery of PIP benefits that had been paid.
K.S.A. 40-3113a(a) provides that an injured person who has received PIP benefits has the right to sue the tortfeasor who caused the injury. The insurance company is entitled to subrogation "to the extent of duplicative [PIP] benefits provided" and a lien in that amount, as well as the right to intervene in the action to protect its lien. K.S.A. 40-3113a(b). K.S.A. 40-3113a(e) states that "the court shall fix attorney fees which shall be paid proportionately by the insurer . . . and the injured person . . . in the amounts determined by the court."
Interpretation of a statute is a question of law, and the appellate court's review is unlimited. Babe Houser Motor Co. v. Tetreault, 270 Kan. 502, 506, 14 P.3d 1149 (2000).
Unfortunately, we do not have a bright-line case that specifically considers application of K.S.A. 40-3113a(e) under the facts in this litigation. However, a panel of our court has previously stated:
"[K.S.A. 40-3113a(e)] does give the insurer authority to intervene in its insured's action to protect its lien and right of subrogation, and gives the trial court the right to determine the entire fee question after judgment. If it does intervene the insurer obviously will incur additional attorney fees, but will not be relieved of its obligation to the insured's attorney. Cf. Potts v. Goss, 233 Kan. 116, [660 P.2d 555 (1983),] where, although it didn't intervene, the company hired counsel to observe and eventually brought an independent action. Despite the obvious additional expense, the company was found liable for its share of fees and its contention to the contrary was found to be frivolous." (Emphasis added.) American Family Mut. Ins. Co. v. Griffin, 9 Kan. App. 2d 482, 486, 681 P.2d 683 (1984).
The dicta in Griffin is the only time a Kansas court has addressed this precise issue. However, the Supreme Court of Kentucky has applied a similar statute in the way suggested by Griffin. In Woodall v. Grange Mut. Cas. Co., 648 S.W.2d 871 (Ky. 1983), the insured plaintiff's attorney, Woodall, filed a supplementary complaint against the plaintiff's insurance company, Grange, seeking attorney fees. Woodall had filed suit on behalf of the plaintiffs, and the jury awarded them a $10,000 judgment. $3,724.91 went to Grange to cover "basic reparation benefits" paid to the plaintiffs.
Woodall argued that even though Grange had intervened in the injured plaintiff's lawsuit and obtained independent counsel, he was still entitled to attorney fees under the applicable Kentucky statute, which read as follows:
"'An attorney representing a secured person in any action filed under KRS 304.39-060 shall be entitled to a reasonable attorney's fee in the event that reparation benefits paid to said secured person by that secured person's reparation's obligor are reimbursed by any insurance carrier on behalf of a tort-feasor who is the defendant in any such action filed by the said secured person or in the event such potential "action" is settled by said potential tort-feasor's insurance carrier on his behalf prior to the filing of any such suit.'" Woodall, 648 S.W.2d at 873.
The Woodall court construed the language of the applicable statute to mandate a reasonable attorney fee to Woodall for his work in recovering the reimbursement of benefits, despite the fact that Grange had hired independent counsel to intervene and represent its interests in the action. The court found no abuse of discretion in the trial court's decision to award Woodall 33% of Grange's subrogation recovery as attorney fees. 648 S.W.2d at 873.
Our own statute is similar to the one construed in Woodall. Kentucky's "basic reparation benefits" includes net loss suffered through the operation, maintenance, or use of a motor vehicle including: medical expenses, work loss, replacement services loss, survivor's economic loss, and survivor's replacement services loss. Ky. Rev. Stat. Ann. § 304.39-020(2) and (5) (Michie/Bobbs-Merrill 2001). In Kansas, "[p]ersonal injury protection benefits" include: disability benefits, funeral benefits, medical benefits, rehabilitation benefits, and survivors' benefits. K.S.A. 40-3103(q).
Applying the statutory interpretations of Griffin and Woodall to our statute, the language indicates that the fact that the insurance company has retained their own counsel does not exempt it from payment of attorney fees under K.S.A. 40-3113a(e). The statute allows for the proportionate payment of attorney fees if, as in this case, the trial court determines the plaintiff's attorney has performed work leading to the recovery of PIP benefits.
In Ballweg v. Farmers Ins. Co., 228 Kan. 506, 618 P.2d 1171 (1980), the Kansas Supreme Court determined K.S.A. 40-3113a(e) requires the payment of attorney fees by the insurance company for PIP reimbursement even if the same company insures the plaintiff and the defendant in the underlying negligence suit and settlement.
"We hold: The PIP insurer received the benefit of the efforts of the injured insured's attorney whose efforts brought about the compromise and settlement in a binding legal fashion. [K.S.A. 40-3113a(e)] authorizes and directs a court to fix reasonable attorney fees to be paid proportionately by the insurer and the injured person, and this is true even though one insurance carrier may have insured all relevant persons involved in the accident out of which personal injury protection benefits became due." 228 Kan. at 511.
Just as the court in Ballweg determined the statute made no exception when one insurance company represents both parties to the lawsuit, the statute makes no exception when an insurance company has retained independent counsel to pursue an appeal.
Allstate argues Howard v. Edwards, 9 Kan. App. 2d 763, 689 P.2d 911 (1984), and Bardwell v. Kester, 15 Kan. App. 2d 679, 815 P.2d 120 (1991), stand for the proposition that Kansas courts have refused to allow attorney fees because the plaintiff's attorney did not recover the PIP benefits. Both cases involved a recovery by the insurance companies independent of PIP subrogation; therefore, the courts refused to apply K.S.A. 40-3113a(e). In this case, the recovery was made through PIP subrogation and the analysis used by the above-cited cases does not apply in the manner argued by the appellant.
Allstate also argues the percentage apportionment was grossly unfair and not supported by substantial competent evidence. In short, Allstate argues its attorney did all of the work necessary to obtain recovery of the PIP benefits that had been paid.
Unfortunately for Allstate, the district court found: "Allstate's counsel's involvement in this matter was minimal at best and the bulk of the work was performed by [plaintiff's attorney]."
We are convinced the district court was intimately familiar with the litigation and was in the best position to determine which attorney had performed the bulk of the work leading to settlement of the PIP reimbursement. Who did what and for whom are uniquely factual questions best left to the trial bench to decide. After reviewing the record, we are not persuaded the district court abused its discretion. See Davis v. Miller, 269 Kan. 732, 748, 7 P.3d 1223 (2000).
We conclude by noting Allstate attempts to raise a constitutional issue for the first time on appeal. Accordingly, we will not address the issue. See Dalmasso v. Dalmasso, 269 Kan. 752, 765, 9 P.3d 551 (2000).


text:
Touratech F800GS Windshield Spoiler
This special spoiler for the windscreen of the F800GS is perfect for undertaking long, fast motorbike journeys in comfort. There is a significant reduction in turbulence and wind pressure against the helmet.
It simply fits onto the windscreen, and is secured using the snap closure. When going off-road, the spoiler is easy to remove in seconds.
Standard Version is pictured.
Touratech F800GS Windshield Spoiler
Produced by Touratech of Germany


text:
Transcend Premier Diamond Engagement Ring
Call for Price
A new addition to our bestselling Transcend Engagement Ring designs. This sophisticated style highlights the center stone, with additional diamonds on the shank to create a fashionable, yet classic look with extra sparkle.... *Prices are subject to change based on fluctuations in metal prices and currencies
A perfect ring of eight hearts when viewed from the bottom. A perfectly formed symmetrical fireburst of light when seen from the top. Diamonds cut and polished at 100X magnification - 10 times the industry standard. That's the perfection of a Hearts On Fire diamond. It's a perfection you can see. Hearts On Fire, The World's Most Perfectly Cut Diamond


text:
It seems like twice a year there's a new Ryan Leaf story published, updating us on the whereabouts of the NFL's bust-of-all-busts who is always on the verge of a personal rebirth. Here we go again.
This one comes courtesy of the AP, who tracked Leaf down at his parents' house, where he now lives, as he goes through the daily routine of trying to like himself again. It's as sad and depressing as every other update we've done on Leaf's post-NFL career.
"What I can do is live every day what I'm talking about," he said. "Life is life and there are always going to be struggles. But when you're doing the next right thing it seems to make everything a little easier, a little bit better and a lot happier."
Are you ready for some football?!?!?!
(via Big Lead)


text:
Dave Swider
Marin County, CA
Some bikes. Some with motors, some without.
Dave Swider
Marin County, CA
Some bikes. Some with motors, some without.
Wow--tough choice, Dave. Really nice stuff this week. I favor nos. 1 & 3. Both are really cool images, a bit otherworldly, I'd say. I might like 3 better if just for the contrast of metal and leather. Patterns galore.
Paul Glaves - "Big Bend", Texas U.S.A
"The greatest challenge to any thinker is stating the problem in a way that will allow a solution." - Bertrand Russell
Blue fescue, actually. They're much larger now. They grow into a blue mound about 2 feet around and tall.
Dave Swider
Marin County, CA
Some bikes. Some with motors, some without.
I agree with Tom that shots 1 and 3 are very good, but my vote goes for KbasaÔÇÖs #1. The repetition of pattern is really striking, but what really sets it off is the reflected red in the chrome contrasting against the blueish background. The color contrast helps give the image added dimension and depth, nice shot.
Another week gone already. Where do the photo opportunities go? Well, we were looking for patterns, and once again this group distinguished itself interpreting this theme in a number of clever and inventive ways.
Franze started us off with a bang this week. This guy must live in one of the most beautiful places in the world. I must admit, when I saw this picture my first reaction was to smash my camera, a la Rapid_Roy. . . . The light in this shot is really interesting. The whole thing's a bit hazy and the foreground is quite dark, beneath clouds I suppose. The composition is quite interesting with the horizon and the rainbow's terminus each occupying it's own third of the photo. Of course, that it's landing square on this leprechaun's house is a miracle. What's the best camera to own? The one you have with you when you see a rainbow falling in someone's backyard. Pretty amazingly cool shot. Right place at the right time, but that is not in any way to take away from his thoughtful execution.
I already commented on this unique perspective. I admit to having a soft-spot for this shot. It would appear to be a cat, and this rather mundane circumstance has never been seen by virtually any of us before. It's really remarkable to me because it invokes a kind of response, a "Hey." I don't know if anyone else feels that way but I find it striking.
I was kind of proud of this. Not a great photo, but I'm rarely satisfied with my interpretations. When this idea dawned on me I thought I had something unique. I like the rugged textures the spines form; I like that it's motorcycle related. I like this hidden feature of the ON, a bit like Playboy's hidden bunny on each cover. That and the articles. Anywho, what I don't like is that I couldn't get parallel to the mags. They're on a shelf and my tripod, even with a horizontal column, wouldn't quite get to where I wanted. The lighting is a bit harsh, giving this an "old photo" quality; it lacks a bit of contrast or saturation or both. Still, a fun image.
Another interesting close-up, GrossJohann's submission is exactly the sort of picture on which I run hot and cold. Sometimes a starkly monochromatic subject like this really turns me off but this shot works for me. I think because it's an unusual prespective (how many pictures are looking into a can?), the ribs in the aluminum are an interesting, concentric patter. The reflections--which might have ruined this image--actually lend an element of interest. Although the subject is clear and familiar, this isn't a picture of a thing, it's a picture of reflections, repeating patterns, and shapes. It's very interesting. . . .
At first glance, RandallIsland's title "donut" didn't makes sense to me. When I caught it, I laughed out loud, imagining this frantic cat or rabbit or whatever it was racing through the freezing snow. That's really funny and an interesting kind of pattern, too. Snow is really tough to photograph, and this illumination and color cast is really interesting.
This is a very cool interpretation of "pattern." I thought of a bike chain, but I didn't do it, and if I had, it would have been around a sprocket. This way, curled up as it is, makes it infinitely more interesting. Again, a familiar (and motorcycle-related) item envisioned in a different way altogether.
Now, I know that this is disqualified for having been photoshopped, but is this not a remarkable image? I love this shot along with the whole poignant series. In an upcoming assignment I'm going to ask that we shoot a short series of a given subject. Really nice stuff, Rocketman.
Touruniqo is back this week with an interesting shot. I think the appeal of this shot is its prespective. A lot of people would have shot this from where they stood, but TU takes us into the groove, must like on-board surfing photographers. I don't if it strikes you, but the wreath in the distance adds a certain something. (I was going to say je ne sais quoi but I don't want to get beaten up at the next rally).
This photo does highlight how difficult it is to photograph snow. You'll notice in this shot that it's rather gray. A camera's light meter is calibrated to expect 18% gray reflectance. If you shoot something that's either predominantly white or black, it tends to be rendered as a shade of gray. Overexpose snow by about two stops (+2 EV or a Chinaman's googly to your cricket players). Underexpose black by about 2 stops. I know it's counterintuitive, but that's how it works.
It would be very easy to say that this has been done a thousand times (at least that many in my own collection) but PGlaves' interpretation of patter is really kind of remarkable. Again: simple, familiar, a bit of drama with the perspective, and an interesting, layered texture that is all around us, but how often do we stop down and look at it? These bricks actually have character.
This is another shot that I love. Are you seeing a pattern in these shots (master of the unintentional pun)? Close-up, familiar objects, extraordinary detail. The chain link here, weathered, rusted, frozen, is so fascinating. It's repeating folds and loops are really compelling. The perspective combined with the very shallow depth-of-field add such interest. Note that the very short section that's in focus is very near the "front." The photos always work better if there's little out of focus in the foreground. Great interpretation: color, texture, contrast. Just neat.
Lamble has a couple of very interesting shots this week. This is one. The multiple curves are the attraction for me. Here the lack of contrast colors (monochromatic shot) doesn't work so well for me. I also have to hunt for the point of focus (and there is one). I wonder what this would look like with a great depth-of-field. Still it's a very interesting image, well-composed, that invites inquiry. Perhaps because it's not so immediately identifiable, it's more challenging to the viewer.
I really appreciate that Lamble posts this one which he clearly feels is less successful. It's a great learning opportunity for all of us. This subject, because it's white with familiar bright colors, is a real challenge for white balance. Here the WB seems to be set for "outdoors" rather than "automatic" and it's shot under indoor, incandescent lighting. Everyone reading this has yellow pictures taken indoors without a flash, right? That's why. This would be a situation where one might take a WB reading, or at least set it for "indoor" (the little light bulb icon--not the fluorescent).
Notice, too, how Lamble talks about where the camera wants to focus. It's important to learn that the camera (much like a motorcycle) will go where you tell it to. In every viewfinder is a central oval, brackets or parentheses indicating where the camera will focus. Modern DSLRs have autofocus systems that focus on multiple points. They generally don't work for me and I set them to the center point. Point the camera at what you want to be in focus, depress and hold the shutter, recompose and shoot. That's all there is to it. I encourage you to play with that. It will set you free.
In addition to his excellent advice on the photo above, WMUBrown submitted a couple of cool shots this week. There were two of these. Like him, I preferred the perspective of the first, but the subject is swallowed by a shadow. This one is starkly symmetrical and very unusual. It's a nice find (a bike rack I assume). I think it wants to be cropped square. It's interesting: This image works precisely because of its rigid symmetry, just the opposite reason that GrossJohann's shot works.
As my dear mother used to say, "I'm just going to rest my eyes for a minute."
More later.
Apart from the lighting being duff, your comments just made me take a look at the camera. It is indeed set on a 9 points of focus setting rather than the centre.
On the carbon being monochrome, that's just the colour it is I'm afraid.
I'll have another pop at the paint pot tomorrow perhaps. One learns form one's mistakes.
Tom wrote: "Touruniqo is back this week with an interesting shot. I think the appeal of this shot is its prespective. A lot of people would have shot this from where they stood, but TU takes us into the groove, must like on-board surfing photographers. I don't if it strikes you, but the wreath in the distance adds a certain something. (I was going to say je ne sais quoi but I don't want to get beaten up at the next rally).
This photo does highlight how difficult it is to photograph snow. You'll notice in this shot that it's rather gray. A camera's light meter is calibrated to expect 18% gray reflectance. If you shoot something that's either predominantly white or black, it tends to be rendered as a shade of gray. Overexpose snow by about two stops (+2 EV or a Chinaman's googly to your cricket players). Underexpose black by about 2 stops. I know it's counterintuitive, but that's how it works."
Thanks very much for the remarks regarding exposure. This will lead me into more discoveries with my new (to me) Nikon. Will experiment. And the wreath in the background slightly off center was done for no particular reason but just appealed to my eye. I seem to suspend technical correctness for some sort of artsy feel..... which these weekend adventures allow me to explore in new and increasingly disciplined ways. Oh yeah, that "beaten up at the rally" thing.... only if you think getting yet another free beer is getting "beaten up". -Bob
Last edited by tourunigo; 12-13-2007 at 03:30 PM.
Bob Weber
Larry's River, Nova Scotia, CANADA


text:
Skip to Main Navigation. Each navigation link will open a list of sub navigation links.
The University of Wyoming offers a campus orientation program at the beginning of the fall and spring semesters. This mandatory program is designed to acquaint incoming international students with the Laramie and university communities through a series of informative activities and services. Students will discuss academic issues, tour the campus, meet with UW officials and student representatives, hear from student support organizations, and learn about special services that are available to international students. It also offers students an opportunity to learn about immigration regulations, procedures, and policies that will affect them while they are studying in the United States. As part of the orientation program students will complete various forms that are required by International Students and Scholars. These documents will help ISS report required arrival and immigration information to the U.S. Citizenship and Immigration Services (USCIS). That is why it is critical that each new international student arrive early and attend the orientation session at the beginning of their first semester at UW. We urge students to make their travel plans accordingly so that they are here in time to attend their scheduled orientation program.
Classes for Fall 2019 begin Wednesday, September 4th, 2019. There will be a mandatory orientation that you must be present for on Wednesday, August 28 and Thursday, August 29th, 2019. Please watch your email for more information regarding time and location. You should plan to arrive at the University of Wyoming no later than Tuesday, August 27th. Attendance is required for all new international students. Students must also check in with International Students and Scholars in Suite 5, Cheney International Center, anytime between 7:30 am - 4:30 pm, Monday - Friday, as soon as possible after arrival. Be sure you bring all of your immigration documents with you.


text:
docrobot necesitaba un nuevo diseño de impreso o envases y lanzó un concurso de diseño en 99designs.
Un ganador ha sido elegido entre 41 diseños de 8 diseñadores freelance.
We build tools and services to help Human Resources departments be more effective.
A chocolate bar wrapper for a large bar of chocolate. (Please note that part of the design is covered by the other part. Refer to 'wrapper 17.5.pdf' for an example). Also refer to 'choc bar example.png' as it shows that the middle third is on the front of the bar, the right third is on the back, and that covers up the left third.
The general idea of a mockup can be found at http://docrobot.co.uk/static/wrapperbig.pdf.
The chocolate bars are large, so the paper should be something like 17.5cm x 29.5cm to print and wrap the bar. I've now measured from a chocolate bar, so this is the final size. This is a bit narrower than an A4 sheet of paper.
Problems in the current design
The wording says "TRS statement" on the front, which is redundant. That should just be "Total Reward Statement". A TRS is the document that explains to an employee that their total package is greater than just their salary; it includes bonuses, pension, medical, holiday, and a range of other benefits that are only to be found in a company (presumably the one giving you the statement).
The strap line might read: "A Total Reward Statement for less than the cost of this chocolate bar? Now *that's* sweet!"
The baby picture is likely not the right image, as it put my wife (HR professional) in mind of Child-Care vouchers rather than total reward statements. I'm open to ideas on what is the correct image to get people to think of the "whole package", the "bigger picture", or "seeing the overall pattern instead of the details", etc.
I'd expect the logo and the QR code to stay the same. The rest is up to the designer. I lean towards simple, almost to the point of pain, design. (i.e. I *love* most ads from Apple).
In my engineer-like and non-designer way, I picture the colour palette to be white, orange, light blue and light green. Refer to the web site for examples. The printing will be done in 4 colour digital, so we're fairly flexible.
If stock photography is used, just put in comps from istockphoto, indicating which picture you used, and I can buy and insert at a later date.
I'm open to a design created in Illustrator, Microsoft Publisher, or Inkscape or Scribus.
At the end of the project, I'll expect all supporting files, artwork, etc.
I will retain all rights to the winning design. I will grant permission to show it in catalogs or portfolios as needed.
I'd expect this to be roughly 1 week of solid work. If you're doing it in spare time, that's fine, but I'm fanatical about meeting agreed deadlines. I do not want to hire you for this and still be working on it in 6 month's time.
_Please_ do /not/ promise a timeline you cannot meet.
Alternate Supplier
In addition to 99designs, I've already offered this project to an outside designer. I reserve the right to award the project to him.
If I really love your design, I may ask you to carry it on to an accompanying 3 page flyer to really sell the concept.
The target audience is harried HR professionals, predominantly female, well educated, in large organisations.
I can't image they would take kindly to supermodels in bikinis, or designs that are anti-feminist.


text:
Comic characters
These are some of the many characters to be found in the magazines featured in our picture library. Move your mouse over the characters to see more about them. Or click here for an alphabetical list.
All of these characters are available for licensing, along with the domain names listed as available.
|© 2005-2019 Look and Learn - All rights reserved - Terms and conditions - Privacy policy - Cookie policy


text:
- We take care of the customer
- Professionally Trained Team
- #1 in Garage Remodeling
- Professional and friendly staff
Reducing unexpected surprises
You should be well informed when it comes to Garage Remodeling in Luttrell, TN. You don't want to go into it without understanding it, and you'll want to know what to expect. We take the unexpected surprises out of the scenario through providing adequate and complete info. Step one is to give us a call by dialing 844-244-6220 to set up your project. We will review your concerns as soon as you give us a call and get you arranged with a scheduled visit. We consistently arrive at the scheduled hour, all set to work together with you.
For Garage Remodeling in Luttrell, Wyoming, choose Garage Remodeling Guys
You have plenty of good reasons to turn to Garage Remodeling Guys for your needs when it comes to Garage Remodeling in Luttrell, TN. Our products are of the highest quality, our cash saving strategies are functional and successful, and our customer service ratings can't be beat. We offer the expertise that you need to fulfill all your ambitions. Dial 844-244-6220 to reach Garage Remodeling Guys and consider all your expectations about Garage Remodeling in Luttrell.


text:
Superior National Forest Project
Project DescriptionDuring the summers of 1983 and 1984, NASA conducted an intensive experiment in a portion of the Superior National Forest (SNF) near Ely, Minnesota, U.S.A. The purpose of this experiment was to investigate the ability of remote sensing to provide estimates of biophysical properties of ecosystems, such as leaf area index (LAI), biomass, and net primary productivity (NPP).
The study area covered a 50 X 50 km area centered at approximately 48 degrees North latitude and 92 degrees West longitude in northeastern Minnesota at the southern edge of the North American boreal forest. The SNF is mostly covered by boreal forest. Boreal forests were chosen for this project because of their relative taxonomic simplicity, their great extent, and their potential sensitivity to climatic change.
Detailed vegetation data were collected on the ground for about 100 sampled sites. These sites represent a range of stand density and age for spruce and aspen and also include jackpine and mixed stands. At each site, five circular subplots of 16 meters in diameter were sampled within a large plot of 60 meters in diameter. Within the subplots, all woody stems over 2 meters in height were tallied by species, diameter, and height.
Satellite, aircraft, helicopter, and ground observations were obtained for the study area. Climate data for the period 1972-1990 were also complied. These data constitute a unique data set for the investigation of the relationships between the radiometric and biophysical properties of vegetated canopies. This is perhaps the most complete data set of its type ever collected over a forested region.
Within each subplot, coverage by vegetation was determined for the canopy, subcanopy, and understory. Thirty each of black spruce and aspen trees from outside the plots were sacrificed and dimension analysis relations developed between diameter at breast height, biomass, and leaf area index. Also, above-ground NPP was estimated for each test site. For the aspen sites, bark area and understory leaf area indexes were found. During the spring, measurements of understory leaf extension and canopy coverage were made on several days to describe the phenology of an aspen stand. Measurements of the optical properties of canopy components were made for wavelengths between 0.35 and 2.1 micrometers. Reflectance and transmittance properties of leaves and needles of eight major overstory tree species and three understory shrubs were measured. Multiple measurements of aspen and spruce allow an investigation of the variability of optical properties within a species, spagnum moss and leaf litter.
Above-canopy reflectance was observed by a helicopter-mounted Barnes Modular Multiband Radiometer (MMR). The helicopter MMR data have a spatial resolution of approximately 32 meters. In 1983, 10 days of data were collected between May and October, with a total of 105 sites observed. In 1984, 8 days of data were collected between May and September, with a total of 29 sites observed. Several sites have multiple observations, to allow studies of seasonal variation.
Thematic Mapper Simulator (TMS) data were collected from the NASA C-130 flying over the SNF. The flights were in a "criss-cross" pattern to allow observation of the same location with multiple sun and view angles. The TMS scans out to 50 degrees off nadir; in flights at 5000 feet above ground level, a nadir pixel covers 3.81 meters along the scan. Three days of TMS data are presented; these data have been atmospherically corrected and calibrated to determine surface reflectance. A key goal of the experiment was to use the aircraft measurements to scale up to satellite observations for the remote sensing of biophysical parameters.
[Summary provided by Oak Ridge National Laboratory.]


text:
Click here for the full article.
This summer, Phillip Rodgers has sent out 19,000 notices.
He hopes that soon he can tell the recipients to ignore them.
Rodgers, director of financial aid at Portland State University, was obliged to inform all arriving students that on July1, the interest rate on federal student loans doubled, from 3.4 percent to 6.8 percent. Because every single figure in Washington, D.C., has declared opposition to the change, Rodgers and the 19,000 students are entitled to hope that the increase will be reversed by the time students are actually signing loan documents in the fall.
But Congress, as with everything else these days, doesn't exactly seem in a hurry to fix things.
The House has passed a bill to peg student loan rates to the interest rate of 10-year Treasury bonds, which Democrats agree would lower the student rate now but could shoot it up in the future. "Under all projections," said Sen. Jeff Merkley, D-Ore., Wednesday, "costs would go up significantly after a couple of years."
Lauren Asher, president of The Institute for College Access and Success, estimated to McClatchy Newspapers that the rate could hit 7 percent by 2018.
Merkley, who says, "I think the U.S. government should not be profiting off student loans," is a co-sponsor of a bill by Sen. Elizabeth Warren, D-Mass., that would tie the student loan rate to the interest rate banks pay the Federal Reserve, which right now would be 0.75 percent. That's not happening any time soon.
Wednesday, a Senate Democratic effort to keep the rate at 3.4 percent for another year, while a longer-range fix was devised, failed to get the 60 votes needed to reach the floor. Democrats in the House and Senate would like to take an overall look at college affordability, which wouldn't be a bad idea, but isn't going to happen before the students Phillip Rodgers works with show up at Portland State in September.
And the real deadline is much sooner, considering that Congress takes August off.
The difference between the two sides on this issue doesn't seem vast. But the difference for a college borrower paying off at the two rates could be thousands of dollars, added onto an already heavy debt burden.
Connecting the student loan rate to the 10-year Treasury bond but putting a cap on how high it could go might serve everyone's concerns, and still leave Congress plenty to talk about concerning higher education costs.
Even in a Congress that has had trouble accomplishing anything, this should be doable, and soon. There's no reason to leave students in this kind of suspense.
And Phillip Rodgers needs to be able to send out another mailing.