text:
- Friday, 2/13/15
Ski Boots: The Bootmobile Mountain Tour
Snow is flying, the days are starting to get longer and skiers and boarders are flocking to the mountains in search of deep powder and perfect turns. Our L.L.Bean Bootmobile wants to meet you there! In January the L.L.Bean Bootmobile officially kicked off its Bootmobile Mountain Tour, traveling across the Northeast to help skiers and… More
- Tuesday, 9/30/14
Three New Stores in Three Weeks – L.L.Bean Arrives in Vermont, Minnesota and Colorado
You think your November is going to be busy? We'll be opening three new retail stores in three new states – and putting a lot of miles on the L.L.Bean Bootmobile in the process. We'll start in Burlington, Vermont, where we'll open our first L.L.Bean Retail Store in the beautiful Green Mountain State.… More
- Monday, 9/29/14
The L.L.Bean Bootmobile is heading back to school
The temperature is dipping and the days are getting dark earlier which means winter is coming – and so is our L.L.Bean Bootmobile. Starting today at University of New Hampshire, the L.L.Bean Bootmobile officially kicks off its third annual "Wintervention College Tour," traveling across the Northeast to inspire students to get outfitted and get… More
- Monday, 6/23/14
L.L.Bean Is Popping Up in Natick, MA, This Summer
Boston-area customers, this one's for you! L.L.Bean is making a very special appearance at the Natick Mall this summer, just in time for back-to-school shopping. WHAT: Watch for the new L.L.Bean pop-up store – it's just 20 x 20 feet and looks like a miniature log cabin. You'll find our legendary built-tough school backpacks, including… More
- Wednesday, 11/20/13
Wintervention's Greatest Hits
After five weeks, 15 campuses, and over 2,100 miles traveled, the L.L.Bean Bootmobile has officially completed its second Wintervention college tour. We had a great time visiting New England colleges, and an even better time inspiring students to get outdoors and enjoy the winter chill. And from the huge collection of #Wintervention photos on our… More
- Thursday, 11/14/13
Life Inside the Shoe – Tales from the L.L.Bean Bootmobile: Red Sox Rolling Rally
As told by Bootmobile driver Eddie F. The day started just like any other day; I woke up, got ready, and headed out to give the Bootmobile its regular check-up: lights, turn signals, tire pressure, etc. But today it looked a little different – completely decked out in red, to replicate the 2013 World Championship… More
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in BEHIND THE SCENES on THURSDAY, 6/18/15
Get to Know Bill Gorman, Host of L.L.Bean Guide to the Outdoors
in BOOTMOBILE on FRIDAY, 2/13/15
in CONTESTS AND GIVEAWAYS on TUESDAY, 9/30/14
Three New Stores in Three Weeks – L.L.Bean Arrives in Vermont, Minnesota and Colorado
in CUSTOMER STORIES on FRIDAY, 2/27/15
in EMPLOYEE STORIES on TUESDAY, 5/26/15
in GUEST BLOGGER on FRIDAY, 6/5/15
Top 5 things to see and do for first-time visitors to Acadia National Park
in IN THE COMMUNITY on FRIDAY, 2/27/15
Touring the Rachel Carson National Wildlife Refuge with Justin Chase
in JOIN THE FUN on WEDNESDAY, 12/10/14
in L.L.BEAN PARTNERS on THURSDAY, 2/26/15
in MAINE LIVING on WEDNESDAY, 3/11/15
in OUTDOOR DISCOVERY SCHOOLS on WEDNESDAY, 12/24/14
Georgette Kanach: Master Maine Guide and Master Wildlife Artist
in PRODUCT STORIES on FRIDAY, 5/15/15
in SUMMER IN THE PARK on THURSDAY, 8/28/14
- Bean Boot Giveaway – What's Your L.L.Bean Boot Style?
- Win Your L.L.Bean Wish List!
- Our Outdoor Discovery Schools Kayaking Course Giveaway
- A Special Gift for the Boston Red Sox
- Bootmobile Rolls into Boston
- L.L.Bean Boots. Red Sox. Enter Our Fenway Bean Boot Giveaway!
- L.L.Bean Introduces ParkFinder
- Do you Haiku? We do.
- L.L.Bean Rated #1 in Customer Satisfaction
- L.L.Bean Holiday Shop Is Popping Up in Natick, MA
- A Restless Transplant
- Adventure Journal
- Alex Grant: Preppy. Quirky. Daddy.
- AMC Outdoors: Equipped
- AMC Outdoors: Great Kids, Great Outdoors
- AMC Trails
- AMC: Hike the Highlands
- Backpacking Light
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- Gear Junkie
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- National Park Foundation
- Outdoors, by Cracky!
- The Weather Channel
- Whole Larder Love


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Moore Family Cemetery
LOCATION: Coppell, Texas. Travel 3 miles west on Belt Line Road through Carrollton, Texas to Moore Road, then right on Moore to Carter circle, left on Carter about 100 years. Cemetery is on top of a hill. Entrance to cemetery is located between two houses at 516 and 524 Carter Dr., on north side of road. This is active, fully fenced and maintained cemetery. It does not have a sign. ( View on Google Maps )

subset: commoncrawl


text:
A shorty story about a young African boy named Imamu. The story is set in the year 2036 whilst Africa is locked... : War And Military » Read
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Search the collections
Similar items over time
Photograph - Massey Harris, 80 Rice Special Harvester, circa 1955 Reg. No: MM 99760
- Summary:
- Photograph of man operating harvester.
This image forms part of the H.V. McKay Old Archive, which includes personal correspondence, agreements, contracts, prospectus, company publications, photographs, information about staff and social activities, documents regarding farmers visits, articles and claim of invention for the sunshine harvester stripper and documents relating to McKay's harvester works.
- Description:
- Black and white photograph
- Description Of Content:
- Ken Niven operating a Massey Harris No.80 Rice Special harvester, showing him at the wheel of the harvester.
- Acquisition Information:
- Donation from Massey Ferguson Iseki Australia Ltd
|100 mm (Height), 150 mm (Width)
More information
|Tagged with:
|manufacturing, agricultural equipment, industry, farmers, farms, rice harvesters
|Themes this item is part of:
|Sustainable Futures Collection, H.V. McKay Sunshine Collection
|Primary Classification:
|Secondary Classification:
|Crop Management - Harvesting
|Tertiary Classification:
|Hand written in pencil on back, 'KEN NIVEN ON / MASSEY HARRIS No80 RICE SPECIAL / TONY FULLER'S FARM / WARRAWIDGEE - N.S.W.'
|People Depicted:
|Ken Niven
|Model Name/Number:
|80 Rice Special
|Photograph: Black & White
|Place & Date Depicted:
|Warrawidgee, New South Wales, Australia, circa 1955
|Manufacturer of Item Depicted:
|Massey-Ferguson (Aust.) Ltd, Sunshine, Victoria, Australia, circa 1955
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text:
School of Journalism
and Mass Media
Physical Address:
Administration Bldg. 347
E-MAIL: email@example.com
Mailing Address:
School of Journalism
and Mass Media
c/o University of Idaho
875 Perimeter Drive MS 3178
Moscow, ID 83844-3178
Julie Scott teaches Media Writing, Broadcast News, Broadcast Sports Reporting and is the producer of "Inside the Vandals."
"Inside the Vandals" is a television program produced in the Broadcast Sports Reporting class every fall. The weekly half-hour program airs on television stations in Idaho. Julie also works with ESPN, the WAC Network and other companies when they broadcast games from the Kibbie-ASUI Center.
When she's not teaching JAMM students, Julie is a freelance reporter for Northwest Public Radio; a sports reporter for The Associated Press, covering both the PAC-10 and the Western Athletic Conference; and a part-time news producer with KXLY in Spokane.
Julie worked for ten years in radio and television news at KXLY-TV and KXLY-AM in Spokane, wearing multiple hats. She worked as a radio-TV news producer, radio-TV talk show producer and online news producer for KXLY.com. She wrote, edited and anchored daily newscasts. Julie helped to develop a mid-day radio show which she directed, wrote and edited, and she produced a weekly television segment "Spirit of Sports" from 2003-2005. She is a golf coach and a certified tennis pro.


text:
Governor Fashola definitely got more than he had bargained for. An exercise he had carried out a number of times in the past and which he had dubbed part of a reformatory process has come to at the least take on more sensitive nomenclatures, such as deportation and at the worst opened up several cans of worms, made demands on history, challenged legitimacy and threatened unity.
I consider it a priority in all of these, to again emphasize an already affirmed fact, which is that in the face of conflicts, truth is usually the first casualty.
Today, most people who have expressed an opinion on this issue cannot really say with confident integrity that we know the exact truth about what transpired. It remains a question, if the Lagos state government truly contacted the Anambra State government about the planned exchange as claimed? Did the Anambra state government ignore as alleged. An ambiguous response with unquestionable veracity to these questions will change the entire face of these issues, without which we would be left only to mourn the demise of truth.
Next to the danger of the demise of truth is the economization of truth. And that becomes most prominent when the question of what tribe the Lagos land space belongs to is asked. Most responses from the Igbo side have been those that emphasize the constitutional right of any citizen to claim legality of space and place in any part of the country based on birth and extended period of stay and that is just infallible. It however leaves a critical question still unanswered. Perhaps, rewording the question in a way that would make responses less ambiguous will save the day, hence, the question, "to which Nigerian tribe is the Lagos land space indigenous to?
Needful to state, closely mixed with those economizations of truth will be outright lies. These lies do not rise to the dignity of a debate.
Lagos, and whoever answers to that name or shares with it an affinity of goodwill should indeed be proud of themselves at these times. A Yoruba adage goes "Owo epo l'araye n bani la", meaning only the finger that drips with oil, draws other people to a feast.
I am young, so I may be wrong, but I'm yet to know of any other Nigerian state that all the country's people has tried to lay claims of equal ownership to as with Lagos. At the core of such aspirations is the relentless effort to de-emphasize the indigenous character of the state so as to feel a higher sense of belonging. Not even Abuja, the current federal capital and a more likely permanent one is so desired. Again, "Lagosians"-whoever that is deserve to path themselves at the back.
In response to the Yoruba's claim to Lagos then, I have these to say. It might be a little too late to seek a high handed grip on Lagos, and it might in fact been unnecessary.
As one of the most populous places in the world, it will be too diminutive to reduce the state to just a Yoruba's zone. As is typical of most densely populated cities, diversity is key to its existence, expansion and survival. Lagos has not been different, and that can't change now.
The pride of Lagos is not just about Nigeria, it's about the world. Lagos is one of those places in the world that comfortably fuses millions of people with millions of differences, differences in tribe and race, in religion and orientation. Lagos is that place that manages its limited land space and resources with them all. Lagos should be, and is one place where any man can fell some sense of belonginging. Lagos should be, and is a pride of humanity.
If all the Yoruba's wish to be made clear is the indigenous character of Lagos, there is no need to sweat it. History solves it.
A number of Igbo people have expressed their views, and quite rightly so, about this sensitive issue too. While most of them seem to speak with a similar tone and share similar opinions, I would still not assume that these voices speak in the name of the majority of Ndigbo.
Even then, for those who have expressed their opinions, I must commend their aggressive zest to rip Nigerians of our blinding and hateful and retrogressive tribalism. They have done this by emphasizing how by the virtue of a constitution that binds us; no one should claim exclusive reserve over any part of the nation against any other equal citizen, naturalized into the community either by birth or berth. Indeed they have done a noble thing.
We need such equity if we would ever achieve the "One Nigeria" that has so much eluded us. He that must come to equity however must come with clean hands. Should the Igbos decide to champion our one Nigeria course, they also need to with the same aggression deemphasize the indigenous nature of all parts of the country. Generals of this campaign such as Chief Orji Uzor Kalu and their lieutenants need to call Kano, (the bride in Nigeria's "Lagos-Kano" union in terms of commerce and population) a no man's land. They need to agitate as much as they do in Lagos for greater Igbo participation in politics and governance in Kaduna, at least no one can deny the strong representation of the Igbos in the state. They need to champion the course of a Yoruba governor in Abia State and Rivers states. The droves of Yoruba people in these states definitely deserves that they get just the kind of participation the Igbos seek in Lagos, and in every other part of the country, just as things should work.
In fact, this noble zeal for "Nigerianisation" cannot end at the level of land land ownsership. It should touch all aspects of our life, and a great place to start will be with regards to our polity. Since we now seek to make Nigeria for Nigerians, based on what the constitution offers, we should also seek that political offices be detribalized and fully "Nigerianised". How blessed will that just be.
To emphasize these, the Igbos then needs to stop calling for an Igbo president at any time in our electioneering future. Should a candidate emerge that seems would be able to deliver on our needs as a nation, and he happens to be Igbo, that would be just fine. It would not be acceptable to campaign for him though just because he is Ibo. And in fact it would become immoral to clamour for an Igbo president, even before a candidate emerges. Or a Yoruba president, or an Hausa president. The constituition does not provide for that. It only provides for a qualified Nigerian adult, at anytime, regardless of zonal, regional national divide.
It is imperative to state though, that while most Igbo responses to Chief Fani Kayode's article "the bitter truth about the Igbos" claims to condemn the ethnically dividing tones of the article, they themselves have not fared better in spitting out their venomous bigotry.
Again, I hope I will be safe to assume their responses do not represent the most views of the Ndigbo.
A recurring word from these writers and commentators have been "Igbophobia", described amidst words that seem to emphasize the feeling of superiority and arrogance, this an idea most of these writers have only sought to deepen, not expunge.
There is no harm in being proud of your history and achievements. There is all the harm in thinking that makes you a more superior brand to than any other human being.
According to history too, these is a card that they have not fared too well playing.
All that being said, should anyone ask me though, "Who owns Lagos?" I am going to say without any ambiguity, that Lagos belongs to all Nigerians. However, should the question be asked as "To which Nigerian tribe is Lagos indigenous?" I will refer to custodians of history to give us answers for the sake of posterity.
– Mayokun Adekola (@Mayokunlm)
Follow @InfoNubia on twitter!


text:
Korean dialects
From Wikipedia, the free encyclopedia
(Redirected from Dialects of Korean)
Native speakers
|76 million (2007)[1]
Hamgyoeng (NE)
Gyoengsang (SE)
Jeolla (SW)
|Language codes
A number of Korean dialects are spoken in the Korean Peninsula. The peninsula is extremely mountainous, and each dialect's "territory" corresponds closely to the natural boundaries between different geographical regions. Most of the dialects are named for one of Korea's traditional Eight Provinces.
The standard language[edit]
- In South Korea, Standard Korean (표준어/標準語) is defined by the National Institute of the Korean Language as "the modern speech of Seoul widely used by the well-cultivated" (교양있는 사람들이 두루 쓰는 현대 서울말). In practice, it tends not to include features that are found exclusively in Seoul.[citation needed]
- In North Korea, the accepted official standard is the Munhwaŏ dialect of Seoul, not the P'yŏng'an dialect—contrary to popular belief.[3] Though language in the two Koreas have diverged to some extent, the two standards are still broadly intelligible. One notable feature within the divergence is the North's lack of anglicisms due to isolationism and self-reliance—pure/invented Korean words are used in replacement.[citation needed]
Regional dialects[edit]
Korea is a mountainous country, and Korean is consequently divided into numerous small local dialects. There are few clear demarcations, so dialect classification is necessarily to some extent arbitrary. Nonetheless, the following divisions are commonly cited in the literature:
- Hamgyŏng dialects (함경 방언), also called Northeastern dialects. Spoken in the Hamgyŏng (Kwanbuk & Kwannam) region, northeast corner of P'yŏng'an, and Ryanggang Province of North Korea as well as the Yanbian Korean Autonomous Prefecture of northeast China (in Jilin). Nine vowels: the eight of the standard language plus ö.[citation needed]
- Northwestern dialects
- P'yŏng'an dialects (평안방언). Spoken in P'yŏngyang (though not the basis of the official language), the P'yŏng'an region, Chagang Province, and neighboring Liaoning Province of China.[citation needed]
- Hwanghae dialects (황해 방언). Spoken in the Hwanghae (Haesŏ) region of North Korea. Commonly included among the Central dialects, but do not fit there comfortably.[3]
- Yukchin dialect. Spoken in the historical Yukchin region of northeastern North Hamgyŏng province, far removed from P'yŏng'an, but has more in common with P'yŏng'an dialects than with the surrounding Hamgyŏng dialects.[3]
- Central dialects.[3] Commonly divided along provincial boundaries:
- Seoul dialect (서울말), also called Gyeonggi. Spoken in Gyeonggi, Incheon, Seoul (South Korea), and Kaesŏng (North Korea). The basis of the standard language.[citation needed]
- Yeongseo dialects (영서 방언). Spoken in the Yeongseo region of Gangwon Province in South Korea and neighbouring Kangwŏn Province in North Korea, to the west of the Taebaek Mountains. Though commonly subsumed under Gangwon dialect (강원 방언), Yeongseo is quite distinct from the Yeongdong dialects to the east of the mountains.[citation needed]
- Chungcheong dialects (충청 방언). Spoken in the Chungcheong (Hoseo) region of South Korea, including the city of Daejeon.[citation needed]
- Yeongdong dialects (영동 방언). Spoken in the Yeongdong region of Gangwon Province in South Korea and neighbouring Kangwŏn Province in North Korea, to the east of the Taebaek Mountains. Though commonly subsumed under Gangwon dialect (강원 방언), Yeongdong is quite distinct from the Central Korean dialects to the west of the mountains.[3]
- Gyeongsang dialects (경상 방언), also called Southeastern dialects. Spoken in Gyeongsang (Yeongnam) region of South Korea, including the cities of Busan, Daegu, and Ulsan. This dialect is easily distinguished from the Seoul dialect because its pitch is more varied. Six vowels, i, e, a, eo, o, u.[citation needed]
- Jeolla dialects (전라 방언), also called Southwestern dialects. Spoken in the Jeolla (Honam) region of South Korea, including the city of Gwangju. Ten vowels: i, e, ae, a, ü, ö, u, o, eu, eo.[citation needed]
- Jeju dialect (제주 방언) is spoken on Jeju Island, off the southwest coast of South Korea, and is sometimes considered a separate Koreanic language.[4] The nine vowels of Middle Korean, including arae-a (ɔ). May have additional consonants as well.
Outside of the Korean peninsula[edit]
- Koryo-mar (Autonym: Корё мар/고려말, Standard Korean: 중앙아시아 한국어), usually identified as a descendant of the Hamgyŏng dialect, is spoken by the Koryo-saram, ethnic Koreans in the former USSR. It consists of a Korean base vocabulary, but takes many loanwords and calques from Russian and the Turkic languages.[citation needed]
- Zainichi Korean language (재일어; 재일조선어) is a language or a dialect spoken among Zainichi Koreans in Japan, strongly influenced by Japanese.[citation needed]
- Korean language in China (중국조선) As discussed above, Koreans in China use a dialect nearly identical to Hamgyŏng dialect in North Korea, but there are still some differences, as the former has many modern terms that came from Chinese.[citation needed]
See also[edit]
- Korean language North-South differences
- Koreanic languages
- List of Korea-related topics
- Eight Provinces (Korea)
- Regions of Korea
- Tsushima dialect of Japanese, which contains loanwords from Korean.
- ^ Nationalencyklopedin "Världens 100 största språk 2007" The World's 100 Largest Languages in 2007
- ^ Nordhoff, Sebastian; Hammarström, Harald; Forkel, Robert; Haspelmath, Martin, eds. (2013). "Korean". Glottolog. Leipzig: Max Planck Institute for Evolutionary Anthropology.
- ^ a b c d e Lee & Ramsey, 2000. The Korean language
- ^ Janhunen, Juha, 1996. Manchuria: an ethnic history


text:
Skip navigation.
UM = Uninsured Motorist. ORS = Overruled by statute. ORC = Overruled by case law. C = Current. H = Historical interest only.
1960 H Boughton v. Farmers, 354 P.2d 1085: "Arbitration", "no action" clause invalid; judgment against UM binds insurer.
1964 H Holt v. Bell, 392 P.2d 361: Can't join UM and insurer. ORC
1969 H Johnson v. USAA, 462 P.2d 664: Insurer not bound by judgment against UM where policy so provided and permitted action against company. ORC
1972 H Lund v. State Farm, 342 F.Supp. 917 (W.D.Okla.): No recovery under UM where tort-feasor had required minimum limits (5/10), but aggregate limit was divided among five claimants thus reducing recovery to $2,000. ORS
C Markham v. State Farm, 464 F.2d 703 (10th Cir.): No recovery under UM on claim of mother against unemancipated daughter - "not legally entitled to recover." (Doubtful as present authority due to Unah v. Martin, 1984 OK 2, 676 P.2d 1366, and Karlson v. City of Oklahoma City, 1985 OK 45, 711 P.2d 72.)
1974 H High v. Southwestern, 1974 OK 35, 520 P.2d 662: Default judgment against hit and run "John Doe" not binding on insurer. Direct action against insurer permitted.
1975 H Associated Indemnity v. Cannon, 1975 OK 87, 536 P.2d 920: Permits direct action against insurer; partially overruled Holt.
1976 ORS Cothren v. Emcasco, 1976 OK 137, 555 P.2d 1037: "Occupying owned but uninsured car" clause invalid.
C Keel v. MFA, 1976 OK 86, 553 P.2d 153: UM "stacking," liability, and damages determination by: (1) direct action against insurer; (2) joinder of insurer and UM; and (3) action against UM with notice to insurer permitted.
H Simmons v. Hartford, 1975 OK 155, 543 P.2d 1384: Follows Lund v. State Farm. No UM recovery where tort-feasor had required 5/10 liability policy but multiple claims against aggregate limits reduced insured's recovery below $5,000. ORS
1977 C Biggs v. State Farm, 1977 OK 135, 569 P.2d 430: Invalidates "physical contact" requirement for "hit and run" coverage.
H Hicks v. State Farm, 1977 OK 150, 568 P.2d 629: Insured knowingly waived UM coverage where insurer sent notice explaining coverage. ORC
C Irvin v. Allstate, 436 F.Supp. 575 (W.D.Okla. 1977): suit against one's own insurance company to recover UM coverage is not a "direct action" within the meaning of 28 U.S.C. §1332(c).
1978 C Calhoun v. Calhoun, 482 F.Supp. 347 (E.D.Okla.): UM claim not "separate and independent" from claim against resident UM carrier so as to be removable to federal court.
1979 H Mid-Continent v. Theus, 1979 OK 23, 592 P.2d 519: No UM recovery if UM limits same as adverse vehicle's liability limits. ORS
1980 C MFA v. Hankins, 1980 OK 66, 610 P.2d 785: Where accident occurred before the 1976 amendment, underinsured provisions of 1976 statute do not apply to affect coverage where policy was not issued or renewed after effective date of 1976 amendment.
C McKinley v. Prudential, 1980 OK 29, 619 P.2d 1269: Where the accident happened after the 1976 amendment, but the policy had not been issued or renewed after 1976 amendment, that amendment did not apply to provide underinsured coverage.
C Richardson v. Allstate, 1980 OK 157, 619 P.2d 594: "Stacking" permitted where multiple vehicles are insured under one policy.
1981 C Aetna v. State Board of Prop. & Cas. Rates, 1981 OK 153, 637 P.2d 1251: Med pay offset against UM invalid. No subrogation for medical bills paid under UM.
1982 C Chambers v. Walker, 1982 OK 128, 653 P.2d 931: Insurer may not offset workers' comp against UM.
C Lake v. Wright, 1982 OK 98, 657 P.2d 643: "Limit of liability" clause unenforceable and void as against public policy.
C Porter v. MFA Mut. Ins. Co., 1982 OK 23, 643 P.2d 302: Settlement with (and release of) the tort-feasor voids UM coverage.
C Tidmore v. Fullman, 1982 OK 73, 646 P.2d 1278: Where plaintiff sues the tort-feasor and his own UM carrier, case should be submitted to jury against only tort-feasor, not UM carrier.
1983 C Heavner v. Farmers, 1983 OK 51, 663 P.2d 730: Passenger may collect owner's liability and UM limits.
C Shepard v. Farmers, 1983 OK 103, 678 P.2d 250: Policy definition of "insured" which excludes resident relative who owns own car not void as against public policy.
C Uptegraft v. Home Insurance, 1983 OK 41, 662 P.2d 681: Failure to sue tort-feasor within two years does not bar UM suit within five years.
1984 C Brown v. USAA, 1984 OK 55, 684 P.2d 1195: Hit and run coverage applies where owner, but not driver, of vehicle which leaves scene is identified; insured has no duty to ascertain identity of hit and run driver; insured has burden of proving a known driver was uninsured, but may do so by negative proof.
C Babcock v. Adkins, 1984 OK 84, 695 P.2d 1340: Occupants of one of several vehicles not entitled to stack coverage on other vehicles covered under separate policies.
C Bill Hodges Truck Company v. Humphrey, 1984 OK CIV APP 55, 704 P.2d 94: no UM offset against workers' compensation recovery.
1985 C Frey v. Independence Fire & Casualty, 1985 OK 25, 698 P.2d 17: Covenant not to sue tort-feasor barred UM recovery.
H Hibbs v. Farmers, 1985 OK 77, 725 P.2d 1232: Settlement with primary UM carrier for less than limits bars recovery against excess UM carrier. ORC
C Karlson v. City of Oklahoma City, 1985 OK 45, 711 P.2d 72: UM pays damages above Governmental Tort Claims Act limits.
C Rhody v. State Farm, 771 F.2d 1416: Texas law applied to UM stacking where policy issued in Texas on car garaged in and accident occurred in Oklahoma.
C State Farm v. Wendt, 1985 OK 75, 708 P.2d 581: Policy excluding from definition of "uninsured motor vehicle" a vehicle defined in the policy as an insured motor vehicle was void where liability coverage was excluded by a "named insured" exclusion.
1986 C Moser v. Liberty Mut. Ins. Co., 1986 OK 78, 731 P.2d 406: UM offer not required on umbrella liability policy.
1987 C Barfield v. Barfield, 1987 OK 72, 742 P.2d 1107: Insured injured by negligence of fellow employee driver could recover his own UM.
H Beauchamp v. Southwestern, 1987 OK 96, 746 P.2d 673: Adding vehicle to policy constituted new policy requiring new UM offer, reversing in part, Hicks v. State Farm (1977). ORS
C Buzzard v. McDanel, 1987 OK 28, 736 P.2d 157: Improper to bifurcate from bad faith case question of UM tort-feasor's liability and damages.
C Farmers v. Thomas, 1987 OK 84, 743 P.2d 1080: Divorced husband who was named insured had no insurable interest in car awarded wife in divorce so passenger had no UM claim against husband's policy.
C Houston v. National General, 817 F.2d 83: Fact question existed whether mother of insured's grandchild was covered as a "ward."
C Prideaux v. Allstate, 1987 OK CIV APP 72, 753 P.2d 935: no passenger UM stacking; UM offer adequate; no written rejection of UM required where UM written, but for less than liability limits.
C Rogers v. Goad, 1987 OK 59, 739 P.2d 519: Employee occupying employer's vehicle could not stack under employer's policy.
C Russell v. American States, 813 F.2d 306: UM vehicle includes insured vehicle being occupied; passenger covered under non-owner driver's UM policy which insures vehicle driven by insured.
C Stanton v. American Mutual, 1987 OK 118, 747 P.2d 945: Employee occupying employer's vehicle could not stack under employer's fleet policy.
1988 C Everaard v. Hartford, 842 F.2d 1186: The insured need not join or sue the tort-feasor in order to recover UM. The insurer's insistence upon this constituted bad faith.
C Mann v. Farmers, 1988 OK 58, 761 P.2d 460: A UM rejection is required only where the policy affords no UM coverage - not where UM limits are written but in an amount less than liability limits; a Shepard v. Farmers clause excluding an insured who owns a vehicle from the definition of insured family member was inapplicable where the separately owned vehicle was insured under the policy in question.
C Moon v. Guarantee Insurance Co., 1988 OK 85, 764 P.2d 1331: A car renter is the insured who must accept or reject UM coverage on a rental car's liability policy; a rejection by the car rental company is inadequate, since the rental company's employees are the insurance company's agents.
C Nunn v. Stewart, 1988 OK 51, 756 P.2d 6: The insured could recover interest on a UM award in excess of policy limits, but only from the date liability became fixed.
H Silver v. Slusher, 1988 OK 53, 770 P.2d 878: The insurance company has no duty to make an explanatory offer of UM coverage. (Legislatively reversed by the 1990 amendment to §3636.)
1989 C Aetna v. Craig, 1989 OK 43, 771 P.2d 212: A class 1 insured may stack UM coverage under a commercial, fleet policy; punitive damage coverage under UM contravenes public policy.
C Cofer v. Morton, 1989 OK 159, 784 P.2d 67: The controlling UM statute is the one in effect at the last policy renewal before the accident; under the 1976 underinsured statute, the tort-feasor's liability limits are to be compared to the stacked UM limits, to determine underinsured status; if one of the named insureds is aware of the right to buy UM equal to the liability limits, failure to offer increased limits does not effect coverage.
C Davis v. Choate, 1989 OK CIV APP 29, 787 P.2d 465: Summary judgment for insurance company was inappropriate where the insurance company charged a "per policy" premium but the record did not show that the insured had a choice and elected to take coverage which could not be stacked. ORC
C Hulsey v. Mid-America Preferred, 1989 OK 107, 777 P.2d 932: Hit-and-run coverage may apply to random shooting from a motor vehicle.
H Plaster v. State Farm, 1989 OK 167, 791 P.2d 813: Each named insured must reject UM coverage; rejection by wife did not bar claim for child's death. ORS (Legislatively reversed by the 1990 amendment to §3636.)
C Roberts v. Mid-Continent Casualty Co., 1989 OK CIV APP 92, 790 P.2d 1121: An insured may sue his UM insurer without suing the tort-feasor; the UM carrier is not entitled to credit for the tort-feasor's liability limit, but must seek subrogation against the tort-feasor.
C Rush v. Travelers Indem. Co., 891 F.2d 267 (10th Cir.): An Oklahoma insured, involved in an Arkansas accident was entitled to stack, under Oklahoma law, but was entitled to the higher Arkansas minimum limits, pursuant to a policy provision to that effect.
C Scott v. Cimarron, 1989 OK 26, 774 P.2d 456: An insurance company which charges a "per policy" UM premium may deny stacking, where it clearly advised the insured of that result and gave the insured the option to select other coverage.
C State Farm v. Greer, 1989 OK 110, 777 P.2d 941: A policy provision excluding from the definition of "uninsured motor vehicle" a government vehicle was void.
C Stucky v. Long, 1989 OK CIV APP 75, 783 P.2d 500: Whether an injury is accidental or intentional is to be viewed from the insured's viewpoint, not the assailant's; a beating administered after a traffic confrontation did not arise from the use of the vehicle and was not covered by UM.
C Welch v. Armer, 1989 OK 117, 776 P.2d 847: As to an accident before the 1986 Amendment to 36 O.S. §2012, a claimant must first exhaust his UM coverage before claiming against the Guaranty Fund; an insolvent liability company's insured is protected against a UM subrogation claim, but only to the extent of his liability coverage with the insolvent insurer.
1990 C Marshall v. Allstate, 1990 OK CIV APP 100, 805 P.2d 689: Beauchamp v. Southwestern (requiring a new offer of UM coverage with addition of a vehicle to a policy) will not be applied retroactively; one not a named insured under a UM policy may sue to reform the policy to be named a named insured.
C Mellenberger v. Sweeney, 1990 OK CIV APP 85, 800 P.2d 747: A UM insurer is liable for pre-judgment interest, but only on the part of the judgment exceeding the liability coverage.
C Merrill v. Northern Ins. Co. of New York, 747 F.Supp. 1415 (W.D. Okla.): Section 3637, exempting from UM requirements motor carriers, whose employees are covered by Workers' Compensation, applied to a carrier which carried its own goods, as well as those of others.
C Niemeyer v. USF & G, 1990 OK 32, 789 P.2d 1318: Liability insurer owed no duty to UM insurance cmpany and had no privilege claim in the insured's suit for tortious interference with contract, based on supplying false derogatory information in claim file.
C Safeco v. Sanders, 1990 OK 129, 803 P.2d 688: Insureds' murders by being burned to death in car arose out of the use of the car and had a causal connection to the use of the car, but were not covered, since the killers' act of burning the car was not a transportation use of the car.
C Willard v. Kelley, 1990 OK 129, 803 P.2d 1124: Summary judgment precluded where differing inferences can be drawn from undisputed facts; whether an injury is accidental is viewed from the eyes of the injured party; and "occupying" a vehicle includes alighting from and entering into the vehicle.
1991 C Bohannan v. Allstate Ins. Co., 1991 OK 64, 820 P.2d 787: Out-of-state policy will be interpreted under law of place where made, unless foreign provisions are contrary to Oklahoma public policy or other state has more significant relationship with the subject matter or the parties.
C, ORC Buzzard v. Farmers, 1991 OK 127, 824 P.2d 1105: UM insurer may not insist liability limits be exhausted before it must pay; UM carrier owes only the amount of the insured's damages over the liability limits (this dictum was overruled in 1998 by Burch v. Allstate, 1998 OK 129, 977 P.2d 1057); the UM insurer's failure to pay a claim will waive subrogation.
C Economy Fire & Cas. Co. v. Faulkner, 790 F.Supp. 1082 (W.D.Okla.), aff'd w/o opinion 951 F.2d 1258 (10th Cir. 1991): Existence of multiple claimants with claims arising out of a single wrongful death, do not trigger multiple "per person" liability and UM insurance limits but rather the limit applicable is a single, per-person limit.
H Kinder v. Okla. Farmers Union Mut. Ins. Co., 1991 OK CIV APP 53, 813 P.2d 546: Fact question existed whether insured could stack where the insureds disputed whether they had been given the option to pay extra for UM coverage which could be stacked. ORC
C Rose v. State Farm Mut. Auto. Ins. Co., 1991 OK CIV APP 124, 821 P.2d 1077: A mother could recover UM benefits based on the negligence of her unemancipated minor child, even though she could not have recovered against him, due to parent-child immunity.
C Sexton v. Continental Cas. Co., 1991 OK 84, 816 P.2d 1135: An insurer waives its right to UM subrogation by denying coverage and cannot complain of the insured's liability settlement.
C Thrasher v. Act-Fast Labor Pool, Inc., 1991 OK 12, 806 P.2d 640: No subrogation of Workers' Compensation against UM; suit against UM carrier does not require filing election in Workers' Compensation Court.
C White v. Equity Fire & Cas. Co., 1991 OK CIV APP 131, 823 P.2d 953: All survivors in a death action had to share the "per person" UM limit and were not each entitled to a per person limit up to the aggregate limit for all persons injured.
1992 C Davis v. Equity Fire & Cas. Co., 1992 OK CIV APP 171, 852 P.2d 780: UM limits could not be stacked where doing so would cause the stacked UM limits to exceed the unstacked liability limits.
C Flitton v. Equity Fire and Cas. Co., 1992 OK 2, 824 P.2d 1132: UM coverage for a "family member," defined as a household resident related to the insured "by blood, marriage or adoption" included the named insured's step-brother.
C Hardin v. Prudential Prop. and Cas. Co., 1992 OK CIV APP 42, 839 P.2d 206: A single death gives rise to only one "per person" limit, no matter how many survivors suffer damage.
H Lewis v. State Farm Mut. Auto. Ins. Co., 1992 OK CIV APP 106, 838 P.2d 535: An Arkansas policy defining "uninsured" car to exclude the insured car violated Oklahoma public policy so Oklahoma law applied; disapproved by Bernal v. Charter County Mut. Ins. Co., 2009 OK 28, 209 P.3d 309.
C Provident Life & Accid. Ins. Co. v. Ridenour, 1992 OK CIV APP 93, 838 P.2d 530: Health insurance company not entitled to subrogation against UM. Distinguished by Reeds v. Honorable Thomas S. Walker/NAICO v. Reeds, 2006 OK 43, 157 P.3d 100.
C Robertson v. USF & G, 1992 OK 113, 836 P.2d 1294: Insurers waived their objection to settlement with the tort-feasor by failing to take an adequate rejection of UM coverage and leaving UM coverage out of the policy.
1993 C Barnes v. Oklahoma Farm Bureau Mut. Ins. Co., 1993 OK CIV APP 168, 869 P.2d 852: Substitution of limits does not entitle the insurer to a credit against UM limits and subrogation against liability coverage.
C Littlefield v. State Farm Fire and Cas. Co., 1993 OK 102, 857 P.2d 65: Derivative claims trigger only a single UM limit.
H Phillips v. State Farm Mut. Auto. Ins. Co., 1993 OK CIV APP 27, 848 P.2d 70: UM policy pays pre-judgment interest over limits but only from date liability is established. [Reversed in Carney v. State Farm Mut. Auto. Ins. Co., 877 P.2d 1113 (Okla. 1994).]
C Phillips v. Oklahoma Farmers Union Mut. Ins. Co., 1993 OK CIV APP 199, 867 P.2d 1361: No error where court denied insured leave to amend to add a bad faith claim after the time permitted for amendment in pretrial order and after court had ordered UM claim and liability claim bifurcated pursuant to Tidmore v. Fullman.
C Roby v. Bailey, 1993 OK CIV APP 93, 856 P.2d 1013: Oklahoma public policy did not require an Arkansas policy to afford underinsured motorist coverage where the policy did not afford that coverage under Arkansas law.
C Torres v. Kansas City Fire and Marine Ins. Co., 1993 OK 32, 849 P.2d 407: Employee occupying employer's vehicle entitled to UM coverage under employer's vehicle policy, even where accident due to negligence of a fellow employee; the UM insurer is obligated to pay pre-judgment interest.
C Townsend v. State Farm Mut. Auto. Ins. Co.,, 1993 OK 119, 860 P.2d 236: Class 2 insured has standing to bring a bad faith action against the UM carrier.
C Williams v. Preferred Risk Group Ins. Co., 1993 OK CIV APP 193, 867 P.2d 485: A murder committed by a passenger on the driver of a car was not covered by UM.
1994 C Assalone v. Hartford Acc. & Indemn. Co., 1994 OK CIV APP 64, 908 P.2d 812: UM carrier may not condition payment on insured honoring request to sue tort-feasor.
C Carney v. State Farm Mut. Auto. Ins. Co., 1994 OK 72, 877 P.2d 1113: Interest is recoverable from time of filing a UM suit, but only up to the UM policy limit, overruling Phillips v. State Farm.
H Coker v. Allstate Ins. Co., 1994 OK CIV APP 62, 877 P.2d 1175: Allstate could deny stacking by charging a "per policy" premium. Reversed: Kramer and Wilson v. Allstate.
H Fields v. Farmers Ins. Co., Inc., 847 F.Supp. 160 (W.D.Okla. 1993), aff'd, 18 F.3d 831 (10th Cir.): Insurance company was not required to make statutory UM offer with first renewal after the 1990 amendment to 36 O.S. §3636H but could wait until after a "phase-in" period; the equitable rule that an insurer may not get subrogation from its insured's recovery until the insured had been fully compensated does not apply to contractual subrogation. Reversed, as to the subrogation issue by Equity Fire and Cas. Co. v. Youngblood, 1996 OK 123, 927 P.2d 572.
C Kramer v. Allstate Ins. Co., 1994 OK CIV APP 146, 909 P.2d 128: A premium-pricing scheme which charged about twice as much for a policy insuring two or more cars than for a single car resulted in a multiple premium and stacking two limits.
C McSorley v. The Hertz Corp., 1994 OK 120, 885 P.2d 1343: A self-insured car rental company need not offer its customers UM.
C Ouellette v. State Farm Mut. Auto. Ins. Co., 1994 OK 79, 918 P.2d 1363: An insured who is not the next-of-kin may not pursue a claim for wrongful death against his UM carrier.
H Perkins v. Hartford Underwriters Ins. Co., 1994 OK CIV APP 151, 889 P.2d 1262: Failure of the insurance company to make a statutory form offer of UM equal to the liability coverage results in UM limits equal to liability limits. ORC [Overruled by May v. Nat. Union Fire Ins. Co. Of Pittsburg, Pa., 1996 OK 52, 918 P.2d 43.]
C Smith v. Shelter Mut. Ins. Co., 1994 OK 5, 867 P.2d 1260: The U.S. Constitution's full faith and credit clause required Oklahoma to follow an Arkansas state court declaratory judgment applying Oklahoma law, even where the result would violate Oklahoma public policy.
C Vincent v. Tri-State Ins. Co., 1994 OK CIV APP 24, 874 P.2d 65: Insured who settled with claimed tort-feasor could not recover from UM carrier on theory there existed a fact question whether the claimed tort-feasor or a hit-and-run motorist caused the wreck.
C Wickham v. Equity Fire and Casualty Company, 1994 OK CIV APP 148, 889 P.2d 1258. holds that a person fixing a flat is considered "occupying" the vehicle for UM purposes.
1995 C Boyer v. Oklahoma Farm Bureau Mut. Ins. Co., 1995 OK CIV APP 102, 902 P.2d 83: Running of statute of limitations on claim against tort-feasordid not trigger UM claim, where damages did not trigger UM claim, where damages did not exceed tort-feasor's liability limit.
C Breakfield v. Oklahoma Farmers Union Mut. Ins. Co., 1995 OK 139, 910 P.2d 991: Cannot stack UM where only one premium paid.
C Burwell v. Oklahoma Farm Bur. Mut. Ins. Co., 1995 OK CIV APP 50, 896 P.2d 1195: An offer to one of two spouses named as insured under a UM policy is sufficient to support rejection of higher-than-minimum UM limits; an uninsured motorist carrier owed pre-judgment interest that is calculated by totaling simple interest on the ultimate recovery at the rate applicable for each year the suit is pending.
C Forbes v. Shelter Mut. Ins. Co., 1995 OK CIV APP 113, 904 P.2d 159: In a wrongful death situation, UM benefits are to be distributed to those legally entitled to recover as defined by the wrongful death statute in accordance with each claimant's loss, despite conflicting UM policy provisions to the contrary.
C Gay v. Hartford Underwriters Ins. Co., 1995 OK 97, 904 P.2d 83: Evidence warranted reformation to make UM limits the same as liability limits, where evidence was that the insured had asked for increased UM limits.
C Kratz v. Kratz and Prudential General ins. Co., 1995 OK 63, 905 P.2d 753: Hospital lien does not attach to UM proceeds paid by the patient's own insurer. OR by statute effective 11/1/2012 per 42 O.S. §. 43.
C Leader Nat. Ins. Co. v. Shaw, 901 F.Supp. 316 (W.D.Okla.): Oklahoma choice of laws rules would apply Oklahoma law to a policy issued in Kansas to Oklahoma citizen, resident in Kansas, where wreck occurred in Oklahoma.
C Wise v. Wollery, 1995 OK CIV APP 69, 904 P.2d 151: Workers' compensation insurer had no subrogation right against UM, even though it was the employer's UM.
C Withrow v. Pickard, 1995 OK 120, 905 P.2d 800: UM carrier is not required to offer coverage which can be stacked.
H Woods v. Baptist Medical Center of Oklahoma, Inc., 1995 OK CIV APP 13, 890 P.2d 1367: Hospital lien attaches to UM benefits. [Overruled by Kratz v. Kratz.]
1996 H Brashier v. Farmers Ins. Co., Inc., 1996 OK 86, 925 P.2d 20: Insured who prevails in UM bad faith case may recover attorney fees. Overruled by Barnes v. Oklahoma Farm Bureau.
C Byus v. Mid-Century Ins. Co., 1996 OK 25, 912 P.2d 845: Summary judgment improper where conflicting inferences exist as to whether drive-by shooting arose from use of car, and was supervening cause, and death was caused by car's operator.
C Carlos v. State Farm Mutual Automobile Ins. Co., 1996 OK CIV APP 158, 935 P.2d 1182: An insurance company is not obligated to pay UM benefits where the insured let the time run on a Governmental tort Claims Act (GTCA) claim with damages less than the liability limits imposed by the GTCA.
C Dennis v. Harding Glass Co., 1996 OK CIV APP 105; 929 P.2d 301: Workers' compensation carrier not entitled to set-off of employer-provided UM against workers' comp.
C Equity Fire and Cas. Co. v. Youngblood, 1996 OK 123, 927 P.2d 572: The "make whole" rule precludes subrogation of ERISA benefits against UM where the effect would be to cause the insured to be less than fully compensated or made whole.
C Farmers Ins. Co., Inc. v. Stark, 1996 OK CIV APP 53, 924 P.2d 798: Subrogated UM carrier stands in insured's shoes and has two years to file subrogation suit against tort-feasor.
C Gray v. Midland Risk Insurance Co., 1996 OK 111, 925 P.2d 560: Reduced liability coverage for non-designated driver, also reduces UM.
C Martin v. Hartford Underwriters Ins. Co., 1996 OK 55, 918 P.2d 49: No UM recovery where no legal negligence. (Child puts car in gear).
C May v. Nat. Union Fire Ins. Co. of Pittsburg, Pa., 1996 OK 52, 918 P.2d 43, (opinion following certification) 84 F.3d 1342 (10th Cir. 1996): Effect of insurance company's failure to offer UM limits equal to liability limits is coverage in amount of the $10,000 minimum compulsory insurance law limits, not the liability limits. [Overrules Perkins v. Hartford Underwriters Ins. Co., 1994 OK CIV APP 151, 889 P.2d 1262.]
C Mustain v. United States Fidelity and Guaranty Co., et al., 1996 OK 98, 925 P.2d 533: UM insurance is primary as between the insured and UM insurer; UM insurer's responsibility to insured cannot be conditioned on amount of other UM coverage.
C Nichols v. Nationwide Mutual Ins. Co., 948 F.Supp. 988 (W.D.Okla. 1996): Murrah Building bombing victims are not entitled to UM.
C O'Brien v. Dorrough and Equity Fire and Cas. Co., 1996 OK CIV APP 25, 928 P.2d 322: A named driver exclusion excludes UM coverage.
C Pentz v. Davis, et al., 1996 OK 89, 927 P.2d 538: An "other insurance" clause does not permit an insurance company to delay payment until another insurance company pays.
C Phillips v. State Farm Mut. Auto. Ins. Co., 73 F.3d 1535 (10th Cir.): UM carrier required to pay part of insured's attorney fees and expenses for recovering subrogation.
C Reeder v. American Economy Ins. Co., 88 F.3d 892 (10th Cir.1996): Stacking not permitted to recover more than insured's damages.
C Walker v. Farmers Ins. Co., Inc., 83 F.3d 349 (10th Cir.1996): No UM coverage where insured shot outside car while fleeing car.
C Weatherly v. Flourney, 1996 OK CIV APP 109, 929 P.2d 296: A tort-feasor may not set-off damages owed the injured party by any amount the injured party receives from his/her own UM policy; even where the UM carrier pays its UM limit and waives subrogation.
C Whitmire v. Mid-Continent Cas. Co., 1996 OK CIV APP 115, 928 P.2d 959: UM coverage does not apply when an insured is abducted, restrained in her car, then set on fire and burned in the car.
C Wilson v. Allstate Ins. Co., 1996 OK 22, 912 P.2d 345: A policy for which a premium approximately twice that for a single vehicle is charged when multiple vehicles are insured is able to stack the coverage twice.
1997 C Boerstler v. Donald Hoover Truck Insurance Exchange Co., 1997 OK 106, 943 P.2d 614: Failure to make a written rejection of UM coverage results in UM coverage at the statutory minimum of $10,000.
C Employers Mutual Casualty Co. v. Mosby, et al., 1997 OK 93, 943 P.2d 593: The statute of limitation on an insurance company's subrogation interest is the same as its insured's SOL against the tort-feasor and begins to run on the date of the injury.
C Kavanaugh v. Maryland Ins. Co., 1997 OK CIV APP 41, 943 P.2d 629: Insured can recover damages from UM carrier where SOL has run on tort claim and damages exceed tort-feasor's liability limit. (Overruled by Burch v. Allstate.)
C Kinder v. Oklahoma Farmers Union Mut. Ins. Co., 1997 OK 104, 943 P.2d 617: Insurance company is not required to offer UM coverage which can be stacked.
C Mayer v. State Farm Auto. Ins. Co., 1997 OK 67, 944 P.2d 288: Murrah building bombing victims are not entitled to UM.
C State Farm Mut. Auto. Ins. Co. v. Narvaez, 975 F.Supp. 1435 (W.D.Okla. 1997): Beating in motel parking lot, where no car is being used, does not trigger UM coverage.
1998 C Burch v. Allstate, 1998 OK 129, 977 P.2d 1057: UM carrier is liable for first dollar coverage, not only amount over tort-feasor's liability coverage.
C Fugate v. Mooney and Shelter Ins. Co., 1998 OK CIV APP 48, 958 P.2d 818: Attorney's lien is senior and is to be paid first out of UM proceeds, balance goes to insured; all other lienholders are paid proportionately out of liability proceeds; and unsecured creditors get none of first $50,000 of personal bodily injury recovery but attorney must "marshall assets" and take all fee out of UM to free up liability to pay lienholders.
C Newberry v. Allstate Ins. Co., 1998 OK CIV APP 139, 963 P.2d 632: city-owned vehicle is not an uninsured motor vehicle within meaning of § 3636 where city is self-insured.
ORC Smith v. American Fidelity Insurance Companies, 1998 OK CIV APP 70, 963 P.2d 16.: UM carrier liable only for amount UM coverage exceeds tort-feasor's available coverage. (Overruled by Burch v. Allstate.)
1999 C Clements v. ITT Hartford, 1999 OK CIV APP 6, 973 P.2d 902: Bad faith claim survives death of insured.
C Swickey v. Silvey Companies, 1999 OK CIV APP 48, 979 P.2d 266: insured's breach of contract claim and intended insured's negligence claim against agent are jury questions.
2000 C Barnes v. Oklahoma Farm Bureau Mutual Ins. Co. (Barnes II), 2000 OK 55, 11 P.3d 162: no attorney fee award on UM claim absent exception to American rule; overrules Brashier v. Farmers Ins. Co., Inc., 1996 OK 86, 925 P.2d 20.
C Narvaez v. State Farm Mutual Automobile Ins. Co., 1999 OK CIV APP 92, 989 P.2d 1051: Assault in parking lot before assailant steals car is not injury arising out of transportation use of car.
C Newport v. USAA, 2000 OK 59, 11 P.3d 190. Low-ball offers and failure to pay funeral and medical bills constituted bad faith warranting punitive damages.
C Skinner v. John Deere Ins. Co., 2000 OK 18, 998 P.2d 1219: UM limits are those stated in policy where no rejection taken of UM limits equal to higher liability limits.
C Wille v. GEICO Casualty Co., 2000 OK 10, 2 P.3d 888: 5-year SOL on UM claim begins to run when breach of contract occurs.
2001 C Gates v. Eller, 2001 OK 38, 22 P.3d 1215: Tort-feasor is not considered uninsured when 2-year tort SOL runs and damages do not exceed tort-feasor's liability limit.
C Herren v. Farm Bureau Mut. Ins. Co., Inc., 2001 OK CIV APP 82, 26 P.3d 120: law of state where insured lived and policy issued applies.
C Phillips v. New Hampshire Ins. Co., 263 F.3d 1215 (10th Cir. 2001): UM carrier cannot deny coverage and then assert Porter defense; release of tort-feasor does not destroy UM claim unless UM carrier is prejudiced & insured knows of UM coverage.
2002 C Graham v. Travelers Ins. Co., 2002 OK 95, 61 P.3d 225: Employee covered under hired and non-owned coverage does not have to be covered under UM.
C Mueggenborg v.Ellis 2002 OK CIV APP 88, 55 P.3d 452: Agent has no duty to advise of higher UM limits.
C Price v. Mid-Continent Casualty Company, 2002 OK CIV APP 16, 41 P.3d 1019: Not bad faith for the insurance company to disagree with the insured on policy interpretation.
C Widmann v. Acceptance Insurance Co., 2002 OK CIV APP 118, 63 P.3d 23: Employee may not stack employer's UM coverage.
2003 C Burgess v. State Farm Mutual Automobile Insurance Company, 2003 OK CIV APP 85, 77 P.3d 612: Anti-stacking and setoff clauses in Kansas policies upheld.
C London v. Farmers Ins. Co., Inc., 2003 OK CIV APP 10, 63 P.3d 552: Bodily injury must be to an insured.
ORC Mid-Continent Group v. Henry, 2003 OK CIV APP 46, 69 P.3d 1216: Insurance company may not deny stacking where it charges single, per policy premium, without notice to insured that coverage does not stack, even where the coverage is imputed.
2004 C American Economy Insurance Company v. Bogdahn, 2004 OK 9, 89 P.3d 1051: No UM to corporation owner's son where corporation is the named insured.
C Barnes v. Oklahoma Farm Bureau Mutual Insurance Company, 2004 OK 25, 94 P.3d 25: No attorney fee on UM claim; no applicable exception to American Rule.
C Ply v. National Union Fire Insurance Company of Pittsburgh, PA, 2003 OK 97, 81 P.3d 643: Supervisor's bad instructions constitute use and employer's non-contemporaneous negligent maintenance of truck trigger UM coverage for employee.
C Dodd v. Allstate Insurance Company, 2004 OK CIV APP 82, 99 P.3d 1219: when insurance company collects the equivalent of two UM premiums under one policy with stackable coverage and second policy says UM coverage was paid for under first policy, only the two UM limits under the first policy stack.
2005 C Ameen v. Prudential Property and Casualty Ins. Co., 2005 OK CIV APP 23, 110 P.3d 86: (1) insurance company may not define "insured" under UM policy based on type of vehicle insured was occupying; and (2) a legitimate dispute as to validity of the provision precluded bad faith claim.
C GEICO General Insurance Company v. Northwestern Pacific Indemnity Company, 2005 OK 40, 115 P.3d 856: both primary liability and UM coverages must be paid before an excess liability carrier is obligated under umbrella policy.
C Spears v. Glens Falls Insurance Company, 2005 OK 35, 114 P.3d 448: expressly overrules Mid-Continent Group v. Henry, 2003 OK CIV APP 46, 69 P.3d 1216; insurer does not have to explain or warn insured that UM coverage does not stack.
C Strong v. Hanover Insurance Company, 2005 OK CIV APP 9, 106 P.3d 604: insurance company cannot fail to protect its subrogation rights and then deny coverage when insured settles with and releases tort-feasor.
2006 C Alternative Med. of Tulsa, Inc. v. Cates, 2006 OK CIV APP 65, 136 P.3d 716: "Named-driver" exclusion void if it leaves innocent insured without minimum limits UM.
C Broadway Clinic v. Liberty Mutual Insurance Company, 2006 OK 29, 139 P.3d 873: 42 O.S. §46 physician's lien attached to UM proceeds.
C Haberman v. The Hartford In, Group, 443 F.3d 1257 (10th Cir. 2006): named persons endorsement to policy on single shareholder corporation naming shareholder as insured extends coverage for all purposes.
C Lamfu v. GuideOne Ins. Co., 2006 OK CIV APP 19, 131 P.3d 712: UM claimant must prove damages in excess of tortfeasor's liability limit to get UM coverage.
C Pearson v. St. Paul Fire and Marine Ins. Co., 393 F.Supp.2d 1238 (W.D. Okla. 2005): UM policy did not provide greater grant of coverage than UM statute; no causal connection between injury and transportation mode of bucket truck.
C Reeds v. Honorable Thomas S. Walker/NAICO v. Reeds, 2006 OK 43, 157 P.3d 100: ERISA health plan has right of subrogation in UM proceeds.
2007 C Brown v. Patel, et al.,2007 OK 16, 157 P.3d 117: UM carrier may not intervene to protect subrogation until it pays but may move for permissive intervention to protect its liability position; Defendant's verdict against tort-feasor doesn't protect UM carrier from bad faith; Jury question precludes bad faith summary judgment.
C Great West Casualty Company v. Boroughs, 505 F.Supp.2d 1072 (N.D. Okla. 2007): Employer's UM Carrier not liable for injury to truck driver because employer was not negligent and liable for injury.
2008 C Garnett v. Government Employees Insurance Company, 2008 OK 43, 186 P.3d 935: Facts didn't support failure to pay uncontested amount of UM as bad faith.
C Murchison v. Progressive Northern Ins. Co., 572 F.Supp.2d 1281 (E.D. OK 2008): No bad faith claim where insurance company paid claim, albeit late but fact question precluded summary judgment whether insurance company owed interest.
C National American Ins. Co. v.Vallion, 2008 OK CIV APP 41, 183 P.3d 175: Insurance company may exclude from coverage an occupant who owns a car.
2009 C Ball v. Wilshire Ins. Co., 2009 OK 38, 221 P.3d 717: holds that a loaned vehicle exclusion in a commercial liability policy issued to a garage business violates Oklahoma public policy and is void but that the insurance company has no duty to defend where coverage exists solely because of the compulsory insurance law and that the insurance company was not in bad faith for relying on the exclusion to delay payment of UM benefits.
C Bernal v. Charter County Mut. Ins. Co., 2009 OK 28, 209 P.3d 309: holds that Texas law will be applied to interpret policy provisions denying UM benefits from an accident and death in Oklahoma and disapproves Lewis v. State Farm Mut. Auto. Ins. Co., 1992 OK CIV APP 106, 838 P.2d 535.
C Conner v. American Commerce Insurance, 2009 OK CIV APP 61, 216 P.3d 850: holds that a policy provision excluding from uninsured motorist (UM) coverage a named insured who is injured while occupying a vehicle he owns but which is not covered by UM coverage is a valid exclusion.
C Gregg v. Le Mars Ins. Co., 2009 OK CIV APP 93, 227 P.3d 1107:
holds that prejudgment interest on an uninsured motorist (UM) claim ran from the time the insurance company paid an uncontested amount, not the time it waived subrogation.
2010 C Beers v. Hillory, 2010 OK CIV APP 99, 241 P.3d 285: holds that an insurance company can demand a release of a UM claim upon paying UM limits and that a delay by the insurance company in paying UM limits was not unreasonable but that its inclusion of a requirement for indemnification language in the release to be signed by the insured and the insured's counsel created a fact question whether the insurance company acted in good faith.
C Porter v. State Farm Mut. Auto. Ins. Co., 2010 OK CIV APP 8, 231 P. 3d 691: holds that the insured who settles with the tort-feasor for less than the tort-feasor's liability insurance limit cannot recover UM coverage.
C Morris v. America First Ins. Co., 2010 OK 35, 240 P.3d 661: holds that a policy provision as in Conner v. Amer. Commerce excluding a named insured who is injured while occupying a vehicle he owns but which is not insured for UM is invalid if the insured has other coverage which attaches when he is in the vehicle.
C Traders Ins. Co. v. Johnson, 2010 OK CIV APP 37, 231 P.3d 790 holds that a fact question whether the named insureds' daughter had apparent authority to reject UM coverage precluded summary judgment for the insureds and against the insurance company on a claim of imputed UM coverage.
2011 C Government Employees Ins. Co. v. Quine 264 P.3d 1245, 2011 OK 88 holds that a UM carrier need not pay the amount of its evaluation of a UM claim without a release so long as the insured has been paid the insured's special damages.
2012 C Argonaut Ins. Co. v. Earnest, 861 F.Supp.2d 1313 (N.D. Okla. 2012). A road construction employee was "occupying" an insured dump truck where the dump truck was backing up and pushing a "chip spreader" on which the employee was actually riding when the spreader hit an oiler truck ahead of the rig, due to a policy provision covering special equipment being pulled or transported by the insured vehicle.
(Updated January 28, 2013)
© 2015 Personal Injury Lawyer, Oklahoma City - Travis Law Office. All Rights Reserved.
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Undergraduate Research
The undergraduate research section of our website contains all of the information that you need as a student research participant, researcher, and course instructor in the Psychology Department. To access the information, click on a hyper link under the undergraduate research section on the left hand side of the web page that pertains to you.
Please feel free to contact me if you have questions or concerns regarding the undergraduate research information.
Rex A. Wright, PhD
Professor and Psychology Subject Pool Coordinator
Department of Psychology
University of Alabama at Birmingham
Email Address: email@example.com


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Community Description
Visit today for best home site selection and information on our newest floor plan.
Bonita Lakes is a gated community in the heart of Bonita Springs offering single-family villa and estate homes with sparkling lake views. Centrally located midway between Naples and Fort Myers and only minutes from I-75, Bonita Lakes will provide you and your family with convenient access to shopping and dining at Coconut Point Mall, Miromar Outlets, and Gulf Coast Town Center. Additionally, the pristine Gulf beaches, numerous golf courses, Southwest International Airport and all the cultural and recreational attractions of Southwest Florida are just minutes away. Amenities in Bonita Lakes includes a community clubhouse with a resort-style swimming pool, state-of the-art fitness center, and tennis courts, offering endless options for fun and recreation.
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Learn More about this Master Plan Community:
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Community Sales Representative
Jean Sweet & Todd Hansen
Phone: 239-992-0200
Community Details
Priced From: Mid-$400,000s
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23005 Sanabria Loop
Bonita Springs, FL 34135
County: Lee
School District: Lee County
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These guys did more than just jump out the gym.
They made you go, "Oh lawd" like the late Bernie Mac used to say.
We'll always miss you, Bernie.
Anyway, these guys had crazy hops and did things that no one else can duplicate. You got guys who can dunk, but can they have the hang time, elevation and do so with a forcefulness?
That's the definition of a leaper to me.
So before continuing, you know the routine people.
These guys are not on my list: Kenny "Sky" Walker, Dee Brown, Harold Minor, Dwight Howard, Blake Griffin (he may be in the future if he stays healthy), Larry Nance, Steve Francis, Kobe Bryant, J.R. Rider, Josh Smith or Gerald Green.
So with that being said, let's get to it.


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Editorial: Sewer-system repairs can't be avoided much longer
Some staggering numbers have been bandied about in recent years regarding what it would take to bring Huntington's sewer system up to snuff to meet federal requirements, some as high as $785 million.
The reasons are rather simple. Most of Huntington's sewer lines are a century old or more and most carry both storm water and sewage, which leads to flooding problems, sewage backups and places an extra burden on the treatment plant. Huntington and dozens of other cities across the country have faced pressure from federal environmental authorities to make improvements.
To-date, the city has made little progress in addressing the larger issues, what with tight budgets and little desire to raise sewer rates significantly to help pay for the repairs. But that may have to change, based on what officials and a consultant with the Huntington Sanitary Board spelled out last week.
While they weren't calling for an immediate plan to pay for all the sewer system's needs, they did urge the three-member Sanitary Board to prepare for a way to make up to $50 million in repairs that they described as critical -- and to raise sewer rates to help pay for the work.
One of their immediate concerns is the city's main treatment plant, which was built in the city's Westmoreland neighborhood in 1964 and bolstered by a secondary treatment plant built in 1984. But very little has been done since that time to upgrade the plant and the main lines feeding into it and out of it, to the point that the Sanitary Board's consultant considers it to be in the worst condition of any he's seen within the region. One of the contributing problems is that no bypass system exists to take the plant off-line in order to make major repairs.
Another immediate concern is a pumping station along the floodwall at 13th Street West. Most of its components also are about 50 years old. About 80 percent of the city's sewage travels through it. It too needs a bypass system constructed so repairs can be made.
Paying for at least some of the repairs deemed most crucial is the big question. The Sanitary Board has identified the possibility of an $11.5 million low-interest loan through the Clean Water State Revolving Fund. It would pay for replacing the 13th Street West pumping station as well as the main trunk lines at the treatment plant. The loan, however, is contingent upon the city identifying a dedicated funding source to repay the debt.
That's where a possible increase in city sewer rates comes into play. After the last rate increase of 23 percent approved in 2009, the city's residential customers pay an average of about $21 a month. Sanitary Board Executive Director Kit Anderson told the Sanitary Board that repaying the $11.5 million funding package would require a 20 percent rate increase, raising the average monthly bill to $25.
The City Council must decide on any sewer rate increases, and hiking the charges has usually been met with resistance. That's one reason why the city's sewer charges are among the lowest in the state, at little more than half what is charged customers in Charleston, Beckley and Parkersburg. But those low rates also may speak to why the city's treatment facilities are in such poor condition.
As the phrase goes, "you get what you pay for," and little has been paid to keep the city's sewer system in good condition. The time appears to have come when residents should pay a little more for a system they all depend on. And it makes more sense to have an orderly repair plan rather than paying the undoubtedly higher cost of doing repairs under emergency circumstances.
The Herald-Dispatch welcomes your comments on this article, but please be civil. Avoid profanity, obscenity, personal attacks, accusations of criminal activity, name-calling or insults to the other posters. Herald-dispatch.com does not control or monitor comments as they are posted, but if you find a comment offensive or uncivil, hover your mouse over the comment and click the X that appears in the upper right of the comment. If you do not want your comment to post to your personal Facebook page, uncheck the box below the comment.


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Pyrenees, Spanish Pirineos, French Pyrénées, Catalan Pireneus, mountain chain of southwestern Europe that consists of flat-topped massifs and folded linear ranges. It stretches from the shores of the Mediterranean Sea on the east to the Bay of Biscay on the Atlantic Ocean on the west. The Pyrenees form a high wall between France and Spain that has played a significant role in the history of both countries and of Europe as a whole. The range is some 270 miles (430 kilometres) long; it is barely six miles wide at its eastern end, but at its centre it reaches some 80 miles in width. At its western end it blends imperceptibly into the Cantabrian Mountains along the northern coast of the Iberian Peninsula. Except in a few places, where Spanish territory juts northward or French southward, the crest of the chain marks the boundary between the two countries, though the tiny, autonomous principality of Andorra lies among its peaks. The highest point is Aneto Peak, at 11,169 feet (3,404 metres), in the Maladeta (Spanish: "Accursed") massif of the Central Pyrenees.
The Pyrenees long have been a formidable land barrier between Spain and Portugal on the Iberian Peninsula and the rest of Europe; as a consequence, these two countries traditionally have developed stronger associations with Africa than with the rest of Europe, and they have become tied to the sea. From Carlit Peak (9,584 feet) near the eastern limit of the Pyrenees to the peaks of Orhy and Anie, a succession of mountains rise nearly 9,800 feet; at only a few places, all well to the west, can the chain be crossed through passes lower than 6,500 feet. In both the lower eastern and northwestern sectors, rivers dissect the landscape into numerous small basins. The range is flanked on both sides by broad depressions—the Aquitaine and Languedoc to the north and the Ebro to the south—both receiving waters from the major rivers flowing out of the mountains, the Garonne of France and the major tributaries of the Ebro of Spain.
Physical features
The Pyrenees represent the geologic renewal of an old mountain chain rather than a more recent and vigorous mountain-building process that characterizes the Alps. Some 500 million years ago the region now occupied by the Pyrenees was covered with the folded mountains created during the Paleozoic era, called the Hercynian, of which the Massif Central in France and the Meseta Central in Spain are but two remnants. Although these other massifs have had a comparatively quiet history of internal deformation, or tectonism, since their emergence, the Pyrenean block was submerged in a relatively unstable area of the Earth's crust that became active about 225 million years ago.
The earliest formations, which were sediments severely folded over a granitic base, were submerged and covered by secondary sediments. They later were lifted once again into two parallel chains running to the north and south of the original Hercynian massif. These became the two zones of pre-Pyrenean ridges—of which the Spanish is the more fully developed—that are now great spurs of the main chain of the Pyrenees.
Under the forces of folding, the more recent and comparatively more plastic layers folded without breaking, but the original rigid base fractured and became dislocated. In the vicinity of the breaks, hot springs appeared and some metal-containing deposits formed. This upheaval affected chiefly the central and eastern regions. During this era, erosion continued incessantly, and, in the most exposed of the raised areas, weathering wore away the softer terrain and uncovered the old Hercynian sedimentary formations, occasionally reaching the deeper granitic bedrock.
Even today the old rocks, slates, schists, limestones transformed into marble (all of which come from old sediments transformed by great pressures and enormous heat), and granites of various kinds make up the spine, or axial zone, of the chain. The geologic phases of this zone, which rises and widens from west to east and ends by sinking, with a steep drop of nearly 9,800 feet, into the depths of the Mediterranean, have determined the evolution of the massif as a whole.
The structure of the Pyrenees is characterized by patterns of relief and of underlying structure running in a north–south sequence (like the base rock); these alternate with depressions, some of which are the result of internal deformations, others of erosion of less resistant overlying deposits. In a cross section directly through the central area, where the tectonic activity reached its fullest width and development, it is possible to distinguish, from north to south, two strips of the comparatively recent pre-Pyrenean fold, one Spanish and one French, in juxtaposition with the axial massifs. An outer strip to the north consists of folds constituting the Petites Pyrénées. Cut into channels, they permit the passage of rivers. Nearer the middle of the range rise the Inner Ridges, represented by the mighty cliffs of the Ariège, which contain the primary, or granitic, axial zones. On the Spanish side the series is repeated in the opposite direction, but it is more highly developed and thicker. Thus the Interior Ridges—e.g., Mount Perdido and the massif of Collarada—are sometimes higher than the neighbouring primary axial peaks. They are followed, to the south, by a broad, pre-Pyrenean, middle depression, with a succession of marine and continental deposits of varying hardness that constitute the valleys of such tributaries of the Ebro as the Aragón. This depression continues across the rest of the pre-Pyrenean ridges, among which are new secondary outcrops that form the fringe of Exterior Ridges and the northern rim of the depression of the Ebro; they are not, however, as thick or as important as the Interior Ridges.
From the structure of their relief and from the climatic conditions (especially on the south) that derive from the geographic situation of the chain, the Pyrenees have been divided into three natural regions: the Eastern (or Mediterranean), Pyrenees, the Central Pyrenees, and the Western Pyrenees. The different vegetation, the linguistic divisions of the people, and—to a point—certain ethnic and cultural distinctions appear to confirm this classification.


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Step 1: Material:
- Felt
- Fabric for the main body of the cell -I used flannel
- Toy stuffing
- Yarn
- Thread
- Embroidery thread
- Scissors
- Pins and needles
- Template for organelles (see celltemplate.pdf below)
You can use a sewing machine to attach the larger organelles, but the smaller ones may need to be hand stitched. I mostly used hemming stitches and in some cases running stitches along the edge of the felt. Click here for examples of these stitches
Step 2: Cell body
Step 3: Nucleus, Nucleoli and Chromatin
The nucleus is a membrane bound organelle that holds the cells DNA.
The nucleolus is the site of ribosomal RNA synthesis.
Chromatin consists of DNA and its associated proteins.
- Cut out a large circle of felt, this will be the largest component of the cell; the nucleus.
- Cut out a circle of felt in a different colour with roughly 1/4 the diameter of the nucleus, this will be the nucleolus.
- Cut out several little 'X' and 'V' shaped felt pieces of a third colour. These are the chromosomes(chromatin).
- First sew the nucleoli to the nucleus.
- Then sew the chromosomes onto the nucleus.
- Then sew the whole thing to the the cell (that blue piece of fabric from step 2).
LOVE this idea!!
i just made one of these last year for a biology project
All the parts of a cell do very interesting jobs on a microscopic level.
Maybe I should update my ribosomes to make them look more realistic.
She can keep one in her pocket and think of her mommy when she is far away at school!
Great instructable! congratulations!


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July 7th, 2013 (F1Plus / Chris Cameron-Dow) - After taking pole position on Saturday, Lewis Hamitlon was expecting to fight for victory in the German Grand Prix. However, come Sunday, warmer conditions than were seen earlier in the weekend robbed the Mercedes of its usual performance. Neither Hamilton nor Rosberg had grip on their second set of tyres, and both found themselves falling down the field as a result. Later in the race, when the Silver Arrows were handling better, both drivers made up places and by the end they were running fifth (Hamilton) and ninth (Rosberg).
Hamilton has, surprisingly, been unable to convert pole position into victory so far this season. The 2008 World Champion has topped qualifying three times in 2013, but has a best finish of third place (in Malaysia, China and Canada). At the British Grand Prix last week, Hamilton was leading when his left-rear tyre exploded, which pushed him back to last place. Although he recovered to fourth by the end, it was not the result he was looking for.
In today's German Grand Prix, Hamilton's tyre issues were more about the car than the tyres themselves. His Mercedes struggled for grip on relatively heavy fuel, which meant he spent the whole of his second stint defending furiously from drivers who mostly managed to pass him. Later on in the race, he was able to recover to fifth place, and took home 10 points for his efforts.
Rosberg was on the back foot from the start, having missed out on the top ten in qualifying due to a strategic error by the Mercedes team. He struggled on the opening lap and, like Hamilton, lacked grip in the first half of the race. When he put the option tyres onto his Mercedes in the second half of the race, his car responded with the pace he expected and he was able to fight his way into ninth place for two points.
Mercedes now have a three-week break before the next race in Hungary to work out their tyre issues. It is unlikely that Formula One will see track temperatures as high as they were today at Nurburgring until much later in the season, which will play into the hands of Mercedes, who have a car that warms its tyres up easily but overheats them when track temperatures are high.
This is what the drivers had to say after the race:
Lewis Hamilton: "That was really a tough race out there for us today. I didn't have a great start and the Red Bulls were much quicker off the line, dropping me back to third. We really struggled with the second set of tyres which then compromised the rest of my race. It's a real shame as the team are working so hard and doing such a good job. We've clearly got a good car but for some reason, it doesn't work in these hot conditions. We'll keep working on it and the positive from today is that we were able to recover to fifth place with a good strategy and great pit stops, and we're still second in the Constructors' table. Hopefully we'll have a better chance at the next race but, for now, there's a lot of hard work ahead of us."
Nico Rosberg: "The car didn't feel so nice to drive today. We struggled a lot with the rear tyres and that's why we weren't able to match the pace of the guys in the front. Even so, I had a bit of fun when I changed to the option tyres and could really push to at least score a few points. But we need to understand the new tyres a bit more because it seems that the new construction has shuffled things around, especially in these hot conditions. We have to do a lot of work in the next weeks to make sure we arrive in Hungary in good shape."


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*Cooked to your liking. Consuming raw or undercooked meats, seafood, poultry or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions. Before placing your order, please inform your server if you or a person in your party has a food allergy.
An 18% gratuity will be added to parties of 6 or more.


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MLB.com's article on slotting of draft picks is a propaganda piece
Dec 16, 2009, 9:04 AM EDT
So far, MLB.com's "Fixing the Draft" series has been just fine. It dealt with the issues of an international draft and trading picks fairly straight up, presenting the pros and cons as most people understand them. Today's entry, however — on the potential imposition of a hard slotting system for draft picks — is a propaganda piece, the sort of which many of us feared we'd see a lot of when MLB.com launched, but which has been more or less absent. This one, however, is a piece of journalistic malpractice.
At the outset, lets make sure we all know what we're talking about here. "Slotting" refers to the practice — non-biding at present — in which a team pays a drafted player a bonus on
where he's taken in the Draft. Currently, MLB makes suggestions as to what the picks should get. Some teams heed the suggestions, some do
not. There really is no penalty for exceeding slot except for drawing the ire of Bud Selig. There is anecdotal evidence that MLB punishes teams who exceed slot, but no one is really sure.
The owners — and most people who watch, but don't really understand the draft — would like to institute "hard slotting," which would impose NBA-style mandatory bonuses for each pick. The negotiation process would be over: you get picked first, you $X, and if you don't like it you can go play for the St. Paul Saints. Personally, I disagree with hard slotting because I'm a fan of the free market and don't see why billionaire owners need to impose such a beast when, in an average year, each team pays a total of $6 million — Pudge Rodriguez money — to its entire slate of draft picks. But that's a big topic, so let's save my ranting on that for another day.
Today, let's ask this: why was no one from the Players Association quoted for this article? This would seem to be pretty critical, because just two weeks ago, the new head of the Players Association — in response to my question, I must egotistically add — revealed for the first time that the union considers the term "hard slotting" to be synonymous with "salary cap," and we all know how the union feels about salary caps. It fights them. To the death. And no matter what conciliatory things Mike Weiner might say about everything being on the table come 2011, you can bet your bippy that nothing the union refers to as a "salary cap" will be negotiable.
You'd think that little fact would be relevant to today's article. I mean, how can the pros and cons of hard slotting be complete when one of the cons is that implementing it would foment an ugly labor battle that risks a work stoppage?
Without the players' hard opposition to hard slotting, the article serves as mere owner propaganda. Propaganda, I'm going to guess, that will have the effect of making the union's eventual active opposition to hard slotting seem more unreasonable and unexpected than it really is ("But this has been discussed for years, why are you just complaining now . . . ")
Bad form, MLB.com. Talk to Mike Weiner. Ask him what he thinks of hard slotting and re-run the calculus.
- soxfan17881 - Dec 16, 2009 at 9:39 AM
I thought that there was some amiability toward slotting from the players assoc. because huge bonuses for unproven talent essentially take dollars away from proven players who are free agents. Is this not something the PA considers?
- Craig Calcaterra - Dec 16, 2009 at 9:41 AM
There certainly had been, soxfan. A lot of players had made comments recently about not really caring. But after the last union meeting two weeks ago, Weiner's position was clear: the union is against it. I take that to mean that those who felt differently were voted down.
Take issue with the union's solidarity when it comes to issues like this, but it has always worked for them in the past.
- BCTF - Dec 16, 2009 at 9:50 AM
Unions rarley look out for the best interest of their members.
- Craig Calcaterra - Dec 16, 2009 at 9:53 AM
That's complete BS. Ask a coal miner who no longer has to assume an 85% probability of losing a limb or worse in a dark cave. Ask a ballplayer who makes multiple times more than players did even 20 years ago.
Unions aren't perfect. No institution is. But to make a claim like yours is to show an astounding amount of ignorance about labor issues.
- Bill@TDS - Dec 16, 2009 at 9:55 AM
Amen. Not to mention spelling issues.
- BCTF - Dec 16, 2009 at 10:14 AM
Ask any unemployed auto worker in Detroit how he thinks about unions.
- Church of the Perpetually Outraged - Dec 16, 2009 at 10:23 AM
because huge bonuses for unproven talent essentially take dollars away from proven players who are free agents. Is this not something the PA considers?
What "huge bonuses" have been handed out? The largest contract signed through the draft is a four or five year deal for $15M by Strasburg. Brandon Lyon just signed a three deal for $15M. Jason Kendall, as Klaw notes, is the only person in MLB history to have a negative ISO, just signed a two year deal for $6M (more than almost all drafties get). Pudge also got 2/$6M.
The idea of "huge bonuses" signed by these players hurting clubs and/or MLB is just as much a farce as what BCTF is saying.
- Craig Calcaterra - Dec 16, 2009 at 10:24 AM
Being from Flint, Michigan and having many family and friends currently in (and recently laid off from) the auto industry, I can tell you with absolute certainty that their opinions on the UAW are quite complicated.
On the one hand, many if not most of them owe their entire upbringings and any prosperity they have ever had in their life to the work the UAW did in the 20th century. At the same time, many are angry — though only after the fact — at how much the UAW overreached over the years, helping to bring down the domestic auto industry. At the same time, there are some auto workers — even some who have been laid off — who still hold their union in high esteem and blame the trouble on the competitive missteps of the Big Three over the past 30 years, many of which (shock!) had nothing to do with bending over for the union.
In short, it's complicated. The UAW screwed up an awful lot of things. In some ways they were too focused on looking out for its membership's interests. But no matter the case, their opinions do not support your ignorant, blanket statement that unions "rarely look out for their members' interests."
- BCTF - Dec 16, 2009 at 10:54 AM
Unions were useful at a point in American history but now are pointless for the most part. They take a cut of the workers earnings and do very little with it. They encourage mediocrity and discourage hard work. They are a big reason why many of these manufacturing business are going over seas
- Jeff - Dec 16, 2009 at 11:37 AM
They encourage mediocrity and discourage hard work.
Wanna tell that to my mother, who teaches special ed reading in a dying mill city? She's been working there for 10+ years, does not make very much money, but works her ass off every day (and sure as hell works more hours than most non-Union people). Or really, any other teacher?
They are a big reason why many of these manufacturing business are going over seas
Yeah because they insist on paying their workers a living wage, and providing basic benefits. Other countries don't have the same workplace safety standards and they sure as hell can pay their employees whatever they want.
- Pete Toms - Dec 16, 2009 at 1:36 PM
Selig "whacks the pee pees" of clubs that go "over slot" by not having MLB "sign off" on the deals til the last possible minute. This delays the draftee's entry into the world of affiliated ball and maybe stunts their development a tiny bit.
Yes, there has been plenty of squawking amongst vets over "signing bonuses" for "unproven" rookies but the notion that there will be a direct transfer to vets from rookies if signing bonuses are reduced is false. Supply and demand sets the value of veterans (and rookies for that matter). Tony Clark is one who has spoken out on this.
I think MLB wants to "fix" the draft in an attempt to improve "competitive imbalance". I agree with Craig (and others), the amount of money doled out in the draft is relatively minor (although the money that MLB spends on player development is an issue for the owners, but another time) but there is a general consensus that the worst teams don't often enough get the best player (or equal value). This is what most teams want to address, the money is of lesser concern.
- Pete Toms - Dec 16, 2009 at 1:36 PM
Selig "whacks the pee pees" of clubs that go "over slot" by not having MLB "sign off" on the deals til the last possible minute. This delays the draftee's entry into the world of affiliated ball and maybe stunts their development a tiny bit.
Yes, there has been plenty of squawking amongst vets over "signing bonuses" for "unproven" rookies but the notion that there will be a direct transfer to vets from rookies if signing bonuses are reduced is false. Supply and demand sets the value of veterans (and rookies for that matter). Tony Clark is one who has spoken out on this.
I think MLB wants to "fix" the draft in an attempt to improve "competitive imbalance". I agree with Craig (and others), the amount of money doled out in the draft is relatively minor (although the money that MLB spends on player development is an issue for the owners, but another time) but there is a general consensus that the worst teams don't often enough get the best player (or equal value). This is what most teams want to address, the money is of lesser concern.
- Alex Poterack - Dec 16, 2009 at 4:49 PM
I'm no *expert* on labor issues, but I think it would be fair to say that unions tend to look out for the union's best interest, which often but not always coincides with workers' best interests. To tie it back to baseball, it's sort of like Scott Boras's interests and his client's interests.
- Alex - Dec 16, 2009 at 6:31 PM
This is incredibly unfair to Jonathan Mayo, the author of the article. He is a good and forthright journalist for MiLB.com, and saying it is "propaganda" because he didn't interview Michael Weiner indicates that you had your mind made up before you even read it. The front office people he interviewed, the people who actually deal in the draft, explained an array of pros and cons with hard slotting, as it pertains to it's stated goal: evenly distributing amateurs to assist competitive balance. He ends with a player's perspective.
That the Players' Association might find it anti-free-market is irrelevant. ALL drafts subvert the free market; that's their whole point. He could have talked about that if he wanted to, sure, but doing so would be tangential to his point.
You can do better, Shyster. Just because you're now your a professional sportswriter doesn't mean you need to turn off your brain and deal in knee jerk reactions.
- James - Dec 16, 2009 at 11:02 PM
How hard could have it been to get Michael Weiner's thoughts on the subject though? If Craig who writes for a NBC blog (no offense I love it), can get Weiner's thoughts, Mayo who writes for the OFFICIAL MLB website surely has the means to. That he didn't speaks volumes about the viewpoint the piece was aiming for.
- Alex - Dec 17, 2009 at 9:45 AM
That he didn't quote one specific person, a person who has incredibly little to do with the draft, mind you, does not make it a propaganda piece. I find that suggestion preposterous.
The article was about how slotting would affect the distribution of talent, and it was not addressing the prima facie anti-free market status of the draft. The former is not Mike Weiner's domain.
- Craig Calcaterra - Dec 17, 2009 at 9:51 AM
The previous articles in this series discuss whether the specific proposals (i.e. international draft; trading picks) would be feasible both in terms of implementation and in terms of practice. This one gives feasibility of implementation a complete miss. Not a word to it. It's overwhelmingly weighted towards talking about how wonderful slotting would be.
I don't care who he quotes, but to ignore the fact that the union is so recently and so strongly on record against such a proposal is to miss a huge part of the story. If this is mere oversight, it's a gigantic oversight that, intentionally or not, serves the owners' purposes in the p.r. and labor battle that will be waged over this issue.
- Alex - Dec 18, 2009 at 12:04 PM
I don't care if you disagree with his thesis and wish he had written an article focusing on a separate aspect of the issue (I even partially agree with you on those); calling it propaganda for that reason is incredibly disrespectful to Jonathan Mayo, who is a very good and fair journalist.
If this EXACT article was written my Maury Brown you wouldn't even think of leveling that accusation.
- Craig Calcaterra - Dec 18, 2009 at 12:09 PM
You'll note that I didn't even mention Mayo's name in the piece. It's not my intention to slam him personally. This article is poor, however, in that it lacks critical information on the subject. And I would say the same thing if Maury Brown or Rob Neyer or anyone else wrote it. If I wrote it and someone called me out on this point I would followup with an apology for such an oversight and update the article.
However, the fact that an article with such an omission comes from the website that is owned by the same people who have a reason to downplay the information that was omitted renders it even more suspect than if it had come from a different outlet.
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text:
US researchers have built and tested a graphene amplifier that could improve future Bluetooth, radiofrequency identification (RFID) and other wireless devices.
The team claimed to be the first to demonstrate a triple-mode, single-transistor amplifier that was based on graphene and had greater functionality than conventional semiconductor devices.
Graphene is a one-atom-thick sheet of carbon that conducts electricity 100 times faster than silicon and won its discoverers a Nobel Prize in Physics this year.
The amplifier exploited the graphene's ambipolar nature - its ability to reactively use either negative or positive electric carriers, depending on the input signal.
According to the researchers, ambipolarity increased the functionality of a graphene transistor as it allowed current to flow in either direction, and could also act as frequency multiplier.
"This is different to conventional semiconductors, where the type of carrier is pre-determined by the doping during the device fabrication," University of California, Riverside professor Alexander Balandin told iTnews.
"Graphene amplifiers can lead to simpler and faster circuits and chips, smaller in size, and lower in energy consumption. The amplifiers can be used in Bluetooth, cell phone and other applications."
Balandin's research group joined collaborators at Rice University to build the graphene amplifiers six months ago, after having worked on graphene transistors for two-and-a-half years.
In a research paper published in ACS Nano this month, the researchers noted that the amplifier would greatly simplify phase shift keying and frequency shift keying modulation techniques that were used in wireless and radio communications.
The single-transistor, triple-mode amplifier achieved what usually required multiple transistors and filtering devices in traditional analogue multipliers, they wrote.
Balandin said graphene would be used in touch screens and in flexible electronics as soon as next year, and as heat spreaders in chips within five years.
"Graphene is likely to make it to analogue and communication electronics within a decade," he predicted.
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