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Illinois Appellate Court
September 27, 2001
CHICAGO HOSPITAL RISK POOLING PROGRAM, PLAINTIFF AND COUNTERDEFENDANT-APPELLEE,v.ILLINOIS STATE MEDICAL INTER-INSURANCE EXCHANGE, DEFENDANT AND COUNTERPLAINTIFF-APPELLANT.
Appeal from the Circuit Court of Cook County. No. 98-CH-04606 Honorable Michael B. Getty, Judge Presiding.
The Chicago Hospital Risk Pooling Program (CHRPP) brought an action against defendant, the Illinois State Medical Inter-Insurance Exchange (ISMIE), under theories of equitable contribution, unjust enrichment, and quantum meruit to recover one-half of a settlement payment it made on behalf of a physician covered by both CHRPP and ISMIE. ISMIE filed an affirmative defense, alleging, inter alia, that CHRPP's contribution claim was barred by the physician's selective tender of his claim to CHRPP. The trial court rejected ISMIE's argument, holding that the selective tender rule applied only to traditional insurance companies and did not apply to a self-insured risk-pooling trust. Thereafter, ISMIE filed a motion to dismiss the complaint pursuant to section 2-615 of the Illinois Code of Civil Procedure (the Code) (735 ILCS 5/2-615 (West 1998)), alleging that as a risk-pooling trust CHRPP lacked the necessary elements to state a cause of action for equitable contribution. The trial court denied ISMIE's motion but certified the following questions of law for review under Illinois Supreme Court Rule 308 for interlocutory appeal. 155 Ill. 2d R. 308.
"1. Whether the 'selective tender' rule of Institute of London Underwriters v. Hartford Fire Ins. Co., 234 Ill. App. 3d 70, 599 N.E.2d 1311 (1st Dist. 1992), and its progeny can be applied to the Plaintiff in this case, [CHRPP], which is a self-insurance retention trust established under the Illinois Religious and Charitable Risk Pooling Trust Act; and
2. Whether [CHRPP], a self-insurance retention trust established pursuant to the Illinois Religious And Charitable Risk Pooling Trust Act, may state a cause of action for equitable contribution, unjust enrichment, or quantum meruit against [ISMIE], an insurance company, to recover one-half of a settlement payment that [CHRPP] made on behalf of a physician covered by [ISMIE] and [CHRPP]."
We answer the certified questions as follows and remand for further proceedings consistent with this opinion.
In September 1993, Luz Rivera filed a medical malpractice action against Norwegian-American Hospital, Dr. Ha Nguyen, Dr. Carlos Baldoceda, and her private obstetrician, alleging that they were negligent in delivering her twin sons, causing the death of one and the brain damage of the other. Dr. Baldoceda was insured under a professional liability policy issued by ISMIE. He was also covered under CHRPP as an employed physician of the hospital. CHRPP administers a trust established pursuant to the Religious and Charitable Risk Pooling Trust Act (the Risk Pooling Act or Act) (215 ILCS 150/1 et seq. (West 1998)), whereby participating nonprofit hospitals pool certain risks associated with the care and treatment provided to their patients. Under the CHRPP trust agreement (the Trust Agreement), participating hospitals are required to contribute certain sums to CHRPP in consideration of CHRPP's promise to pay judgments or settlements in response to medical malpractice suits against the participating hospital or other "Covered Persons," which include hospital employees while acting within the scope of their employment.
ISMIE agreed to defend Dr. Baldoceda with respect to the Rivera action. CHRPP declined Dr. Baldoceda's request for a defense under a reservation of rights and claimed that ISMIE had the primary obligation to defend and indemnify him with respect to liability arising out of the Rivera action. However, despite refusing Dr. Baldoceda's tender of the claim, CHRPP settled the Rivera action for $3 million. The settlement reflected that $1 million was paid on behalf of Dr. Baldoceda. ISMIE did not participate in settlement negotiations.
Thereafter, CHRPP sought half of the settlement costs from ISMIE under theories of equitable contribution, unjust enrichment, and quantum meruit based on the court's holding in Padilla v. Norwegian-American Hospital, Inc., 266 Ill. App. 3d 829, 641 N.E.2d 572 (1994). Therein, the court found that, where ISMIE and CHRPP had coincidental coverage obligations to the same physician and where their "other insurance" clauses were deemed incompatible, the liability for a judgment or settlement was owed equally. *fn1 The "other insurance" clauses construed in Padilla are identical to those at issue in this case.
ISMIE set forth its affirmative defenses to the complaint, including that the action for equitable contribution was defeated by the "selective tender" rule as expressed in Institute of London Underwriters v. Hartford Fire Insurance Co., 234 Ill. App. 3d 70, 599 N.E.2d 1311 (1992), and its progeny. Under the rule, where two policies potentially apply to the same loss, the insured may choose to forego coverage under one policy, thereby foreclosing the targeted insurer from obtaining contribution from the nontargeted insurer. ISMIE alleged that, pursuant to the holding in Institute, Dr. Baldoceda exercised his right to tender the defense and indemnity obligation for the Rivera action to CHRPP under the Trust Agreement, and elected not to trigger the defense and indemnity obligations of ISMIE. Accordingly, it alleged that CHRPP could not obtain contribution from ISMIE for its settlement of the Rivera action. In addition, ISMIE filed a counterclaim seeking to recoup the costs it incurred in defending Dr. Baldoceda.
CHRPP responded that ISMIE could not rely on the "selective tender" rule because the rule only applied to traditional insurance companies and that CHRPP was not an insurance company but, rather, a trust. CHRPP claimed that applying the rule to the trust would violate the purpose of the Risk Pooling Act, to minimize the amount of money nonprofit hospitals spend on protecting themselves from the risks of financial loss due to their liabilities (215 ILCS 150/2 (West 1998)), and would undermine its function to provide a public health benefit. CHRPP also argued that the "selective tender" rule could not apply to it because the rule presumes a duty to defend and its Trust Agreement does not obligate it to defend Dr. Baldoceda. Lastly, CHRPP argued that Dr. Baldoceda did not "unequivocally" renounce his coverage under his ISMIE policy in order to exclusively trigger the coverage obligations of CHRPP.
The trial court found that the "selective tender" rule was not applicable to a trust established under the Risk Pooling Act. The court examined the language of the Act which states that trusts formed pursuant to the Act are not to be considered insurance companies or to be in the business of insurance nor are they to be subject to regulation under the Illinois Insurance Code except as specifically provided. 215 ILCS 150/25 (West 1998). Based upon the plain language of the Act, the court concluded that CHRPP was not intended to be treated as insurance and strictly construed the selective tender rule as only applying to traditionally constituted insurance companies. The court held that to hold otherwise would "undermine the legislative intent that the trusts *** operate for the benefit of the participating hospitals and would be contrary to the public policy of the [S]tate of Illinois, as enunciated in the Act, that a trust such as CHRPP should not be considered an insurance company or in the business of insurance."
Thereafter, ISMIE filed a motion to dismiss the complaint, arguing, in part, that the reasons underlying the court's refusal to treat CHRPP as an insurance company for purposes of the "selective tender" rule also dictated that CHRPP could not seek equitable contribution. Specifically, ISMIE argued that the remedy of equitable contribution is available only to insurers that insure on the same basis and that there must be identity between the policies as to parties, insurable interests and risks. Since CHRPP, not being an insurance company, lacked the identity of insurable interests necessary to obtain such a remedy, it could not maintain its cause of action. The trial court denied ISMIE's motion, finding that CHRPP was entitled to the equitable remedies it sought from ISMIE.
Subsequently, the trial court granted a joint motion for interlocutory appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308), finding that the rulings involved questions of first impression under Illinois law and a substantial ground for difference of opinion.
Before answering the certified questions, we review some general principles of insurance law necessary to an understanding of this case. Ordinarily, where an insured has concurrent coverage for the same liability, both of its insurers are obligated to provide coverage under the terms of their respective policies and their coverage obligations are then coordinated, typically by reference to the policies' "other insurance" provisions. These clauses take many forms, but generally provide that, where there is other insurance available to cover the claim, the loss will be apportioned according to various formulas in order to limit each insurer's potential obligation to the insured. See, e.g., Padilla, 266 Ill. App. 3d 829, 641 N.E.2d 572.
However, "other insurance" clauses only affect insurers' rights among themselves; they do not affect the insured's right to recovery under each concurrent policy (Zurich Insurance Co. v. Raymark Industries, Inc, 145 Ill. App. 3d 175, 199, 494 N.E.2d 634, 650 (1986)), nor do they affect the insured's right to selectively tender a claim to one insurer alone. Under the "selective tender" rule, an insured has the paramount right to choose or knowingly forgo an insurer's participation in a claim. John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 727 N.E.2d 211 (2000).
In Burns, a construction company hired a subcontractor to pave a parking lot. The subcontract agreement required the subcontractor to name the construction company as an additional insured on its policy in addition to the construction company's own insurance coverage. After the paving was completed, a commuter was injured in the parking lot and sued the construction company. The company notified the subcontractor of the lawsuit and requested that its insurer defend and indemnify it. The subcontractor's insurer rejected the tender of the claim and later sought a declaration that both insurance policies were obligated to contribute equally to the claim based on the policies' "other insurance" clauses, notwithstanding the insured's election of coverage. Burns, 189 Ill. 2d at 571-72, 727 N.E.2d at 213-14.
The supreme court held that an insured has the exclusive right to determine whether to trigger coverage under an available policy by allowing the insured to make a "selective tender" of its claim to one of several potential insurers, irrespective of the presence of an "other insurance" clause. The targeted insurer has the sole responsibility to defend and indemnify the insured, thereby foreclosing a claim for equitable contribution from the excluded insurer. Burns, 189 Ill. 2d at 578, 727 N.E.2d at 217. An insurer does not have the right to trigger the insured's coverage under another policy in contravention of his wishes. Otherwise, the policy becomes, in effect, a third-party beneficiary contract entered into by the insured for the direct benefit of other insurers. Bituminous Casualty Corp. v. Royal Insurance Co. of America, 301 Ill. App. 3d 720, 726, 704 N.E.2d 74, 79 (1998). See also Cincinnati Cos. v. West American Insurance Co., 183 Ill. 2d 317, 701 N.E.2d 499 (1998); Richard Marker Associates v. Pekin Insurance Co., 318 Ill. App. 3d 1137, 743 N.E.2d 1078 (2001); Alcan United, Inc. v. West Bend Mutual Insurance Co., 303 Ill. App. 3d 72, 707 N.E.2d 687 (1999).
Does Selective Tender Apply to CHRPP?
With these principles in mind, we turn to an analysis of the questions before us. The scope of our review pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308) is strictly limited to the questions certified by the trial court. Klak v. Skellion, 317 Ill. App. 3d 1092, 1094, 741 N.E.2d 288, 290 (2000). In the first certified question, we are asked to decide whether the nature of this particular risk-pooling trust requires that it be treated differently than a traditional insurance company for purposes of applying the "selective tender" rule. As stated previously, unlike a traditional insurer, CHRPP administers a trust established pursuant to the Risk Pooling Act whereby participating nonprofit hospitals pool certain risks associated with the care and treatment provided to their patients. As part of a broad category of "self-insurance," this type of program has been described in many jurisdictions as both the "antithesis" of insurance and the "functional equivalent" to insurance, depending upon the nature of the analysis and the particular facts and circumstances of each case. Compare, e.g., State v. Continental Casualty Co., 126 Idaho 178, 183, 879 P.2d 1111, 1116 (1994) (because self-insurance does not involve a transfer of the risk of loss, it is not insurance), with Ohio Government Risk Management Plan v. County Risk Sharing Authority, Inc., 130 Ohio App. 3d 174, 180, 719 N.E.2d 992, 996 (1998) (structure of risk-sharing authority analogous to insurance); Hillegass v. Landwehr, 176 Wis. 2d 76, 81-82, 499 N.W.2d 652, 654-55 (1993) (self-insurance is a form of insurance).
In the past, CHRPP and ISMIE have looked to their respective "other insurance" clauses to apportion liability between themselves as they did in Padilla. However, in the present case, ISMIE alleges that Dr. Baldoceda selectively tendered his claim to CHRPP, thereby foreclosing CHRPP from seeking equitable contribution. CHRPP argues in response that the rule has only been applied to commercial insurance carriers and by statute CHRPP is not to be considered an insurance company or in the business of insurance. It further maintains that the plain language of the Risk Pooling Act, the legislative intent, and the provisions of CHRPP's Trust Agreement prevent the common law rules regarding selective tender from applying to a self-insured risk-pooling trust. To resolve this question, we must examine the nature of the Risk Pooling Act, the Trust Agreement, and the relationship of the relevant parties involved.
The impetus for enacting this particular risk-pooling legislation can best be understood in its historical context. It is generally recognized that during the 1970s there was a medical malpractice insurance crisis stemming from an increasing reluctance of insurance companies to issue policies and the dramatic rise in premiums being demanded by those companies that were issuing policies. As a result, many health-care providers were forced to curtail or cease to render their services due to the difficulty in obtaining insurance at reasonable rates. Anderson v. Wagner, 79 Ill. 2d 295, 301, 402 N.E.2d 560, 562 (1979). In 1977, in the wake of this crisis, the Religious and Charitable Risk Pooling Trust Act was enacted to allow nonprofit organizations, including hospitals, to pool their risks of certain financial losses as a method of protecting themselves against the imposition of legal liability. 215 ILCS 150/2 (West 1998). Thus, the Act provided nonprofit hospitals with a cost-effective, alternative means to cover their medical malpractice liability instead of having to purchase insurance and pay premiums on the commercial market.
While the Act expresses that these trust funds "shall not be considered insurance companies or to be in the business of insurance" or be regulated under the Insurance Code (215 ILCS 150/25 (West 1998)), nothing in the Act exempts CHRPP from its common law contractual rights, duties, and obligations to indemnify covered persons as expressed in its Trust Agreement. Indeed, CHRPP has conceded that "in many respects the coverage provisions of the [T]rust [A]greement follow the same basic structure as an insurance policy."
In many ways, the CHRPP Trust Agreement purports to be a contract of insurance. It provides "hospital liability coverage" and further provides that it will pay on behalf of "Hospitals" judgments or settlements, as well as defense costs, incurred in response to medical malpractice suits. Additionally, to the extent that a physician qualifies as a "Covered Person" under the Trust Agreement, he is entitled to coverage for all sums that he becomes legally obligated to pay as damages due to malpractice injury. Each participating hospital is obligated to pay a contribution to the trust on behalf of covered persons, and each has a minimum deductible to be paid by the hospital. CHRPP has a claims management program, a risk management program, and an underwriting committee which has the right to seek a reservation of rights in relation to covered persons under the trust. The Trust Agreement includes an "other insurance" clause with provisions regarding the allocation of funds in cases where there is concurrent coverage. It also includes provisions to allow CHRPP to reinsure its risk. Furthermore, each participating hospital is required to provide written notice to CHRPP as soon as possible of any threatened claims against the hospital or covered persons.
Based upon the particular provisions in this Trust Agreement, CHRPP should be treated no differently than a traditional insurer for purposes of applying common law insurance principles as they relate to coverage issues. For example, under the Trust Agreement, if the notice provisions of the contract are not adhered to, CHRPP would certainly be entitled to raise coverage defenses to any claim brought by a covered person for lack of timely notice. See, e.g., Northbrook Property & Casualty Insurance Co. v. Applied Systems, Inc., 313 Ill. App. 3d 457, 466, 729 N.E.2d 915, 922 (2000). If CHRPP is entitled to its contractual rights under the Trust Agreement, we find no reason why it should not also be required to meet its contractual obligations to its covered persons.
Furthermore, Burns specifically makes it clear that the "selective tender" rule is concerned with construing the contractual relationship between the insurer and the covered person. Thus, the key question here is not whether a self-insured risk-pooling trust is insurance, but whether CHRPP's Trust Agreement and ISMIE's policy cover the loss to Dr. Baldoceda on the same basis such that the coverage provided to him is concurrent. As stated previously, the relationship between CHRPP and ISMIE is not effectuated until multiple coverage is triggered. See Burns, 189 Ill. 2d at 576-78, 727 N.E.2d at 216-17.
In construing the relevant relationship here, from Dr. Baldoceda's perspective, he has chosen to shift his risk of individual liability to ISMIE by paying a premium, and has also chosen to shift his risk to CHRPP as a contracted-for-benefit of his employment just as in Burns. 189 Ill. 2d at 571, 727 N.E.2d at 213-14 (where construction company paid a premium for its own liability insurance and also negotiated its additional insured status as a bargained-for benefit of its subcontract). For purposes of the "selective tender" rule, it does not matter to Dr. Baldoceda whether his coverage derives from a commercial carrier or from a private indemnity agreement. Nor is it of significance from Dr. Baldoceda's perspective how the coverage is funded, whether ISMIE funds the claims or reinsures them or whether the hospital pools its risk or purchases additional commercial coverage.
Moreover, nothing in the Act or the CHRPP Trust Agreement limits Dr. Baldoceda's right to exclusively select his CHRPP coverage and to knowingly forgo his ISMIE coverage. Had CHRPP or the participating hospitals desired to impose a contractual duty upon its covered persons to tender claims to all other insurers that cover the loss, it could have done so by providing such language in its Trust Agreement. Alcan, 303 Ill. App. 3d at 82, 707 N.E.2d at 693-94, citing American Country Insurance Co. v. Kraemer Brothers, Inc., 298 Ill. App. 3d 805, 812, 699 N.E.2d 1056, 1061-62 (1998). Thus, where CHRPP has a concurrent obligation to cover the risk of Dr. Baldoceda, he has the "paramount" right to exclusively select his CHRPP coverage to the exclusion of his ISMIE coverage. By this holding, CHRPP is only being required to do what it contracted for, provide indemnification for Dr. Baldoceda's individual liability arising out of his employment at the hospital.
CHRPP next argues that public policy dictates that it should not be responsible for the full amount of its obligation to Dr. Baldoceda under the "selective tender" rule. Specifically, it maintains that to do so would deplete the assets of the trust, reducing the amount of funds that could be funneled into the public health initiatives of CHRPP member hospitals. However, the purpose of the trust is not to provide a safe haven for nonprofit hospitals against employee claims, but rather to provide a cost-effective means of obtaining coverage for its legal liabilities. Additionally, the Second District of this court recently rejected an argument that the rule unduly prejudices the targeted insurer because it holds it solely responsible without the benefit of equitable contribution. The court held that prejudice will always result when the insured elects a particular insurer. Nevertheless, Illinois has chosen to protect the insured's right to choose or knowingly forgo coverage over the insurer's right to contribution. Pekin, 318 Ill. App. 3d at 1144, 743 N.E.2d at 1083. Accordingly, we find that CHRPP's status as a risk-pooling trust does not defeat the application of the "selective tender" rule and answer the first certified question in the affirmative.
However, although the above conclusion materially advances the termination of this litigation under Rule 308 (155 Ill. 2d R. 308), there are many unresolved factual and legal questions that impact on the ultimate determination of whether the "selective tender" rule applies to CHRPP in the instant case. A factual question remains as to whether Dr. Baldoceda effectively renounced the coverage under his ISMIE policy and properly perfected his selective tender of the claim to CHRPP. Dr. Baldoceda and his ISMIE-appointed defense attorney wrote to CHRPP that "[i]t is Dr. Baldoceda's wish to have his ISMI[E] coverage remain secondary; the ISMI[E] policy would be used only in the event that there was insufficient CHRPP coverage (primary and excess) to cover his entire loss." The trial court never reached this issue because it held that selective tender only applied to insurance companies in the strict sense of the term.
Additionally, the trial court never reached, and the parties did not fully address on appeal, whether CHRPP had a duty to defend Dr. Baldoceda. The "selective tender" rule presumes that both insurers have a concurrent coverage obligation. Burns, 189 Ill. 2d at 574-78, 727 N.E.2d at 214-217; Alcan, 303 Ill. App. 3d at 77-78, 707 N.E.2d at 690-91. Without a duty to defend, Dr. Baldoceda would not have two available policies from which to target and the selective tender rule would therefore not be applicable to him. *fn2 Accordingly, if on remand the trial court finds that either CHRPP had no duty to defend Dr. Baldoceda in the Rivera claim or that Dr. Baldoceda failed to properly perfect the selective tender of his CHRPP coverage, CHRPP would not be subject to the selective tender rule in this case.
Can CHRPP State a Cause of Action for Equitable Remedies?
Our disposition of the second certified question depends upon the answers to the above unresolved questions on remand. If the "selective tender" rule applies in the instant case, CHRPP would not be entitled to the equitable remedies it seeks from ISMIE. As explained in Burns, the targeted insurer has the sole responsibility to defend and indemnify its insured. 189 Ill. 2d at 575, 727 N.E.2d at 215. If, however, CHRPP had no duty to defend Dr. Baldoceda or he did not effectively perfect his tender of the defense and indemnity obligations exclusively to CHRPP, then we must consider whether CHRPP could state a cause of action for the equitable remedies it seeks.
Contribution is an equitable principle arising among co-insurers which permits one who has paid the entire loss to be reimbursed from other insurers that are also liable for the loss. Schal Bovis, Inc. v. Casualty Insurance Co., 315 Ill. App. 3d 353, 362, 732 N.E.2d 1179, 1186 (2000). The reason for this rule is that one insurer has paid a debt that is equally owed by the other insurers. The fact that one insurer undertakes the burden of a full settlement payment does not mean the insurer is a volunteer. Aetna Casualty & Surety Co. of Illinois v. James J. Benes & Associates, Inc., 229 Ill. App. 3d 413, 417, 593 N.E.2d 1087, 1090 (1992). In order for the settling party to recover in a contribution action, the policies must cover a risk on the same basis and there must be identity between the policies as to parties and insurable interests and risks. Schal Bovis, Inc., 315 Ill. App. 3d at 362, 732 N.E.2d at 1186. Thus, since contribution claims are matters solely between insurers, the focus of question two shifts to the relationship between CHRPP and ISMIE.
Many courts have examined this relationship in the context of whether self-insurance can be considered "other valid and collectible insurance" for the purpose of assigning liability between insurance providers and self-insureds. These courts have held that, when an entity chooses to completely retain the risk of a particular loss rather than obtain a traditional insurance policy, self-insurance is not insurance. As stated in USX Corp. v. Liberty Mutual Insurance Co., "Illinois appears to have aligned itself with the majority in rejecting attempts by commercial carriers to treat self-insurance as 'other insurance'" in this context. 269 Ill. App. 3d 233, 243, 645 N.E.2d 396, 403 (1994).
For example, in Benes, 229 Ill. App. 3d 413, 593 N.E.2d 1087, the court considered whether the Intergovernmental Risk Management Agency (IRMA), a municipal joint risk management pool, had the same obligation to contribute to the settlement of a claim as an insurer. The court held that IRMA did not have the same obligation for purposes of equitable contribution because, "'when a municipality self-insures, it bears all risks itself, and settlements or awards are paid directly from government coffers.'" Benes, 229 Ill. App. 3d at 421, 593 N.E.2d at 1092, quoting Antiporek v. Village of Hillside, 114 Ill. 2d 246, 250, 499 N.E.2d 1307, 1308 (1986). The court concluded that the sharing of risk among the self-insured entities under IRMA was distinguishable from the shifting of the same risk to for-profit companies. See also St. John's Regional Health Center v. American Casualty Co. of Reading, Pennsylvania, 980 F.2d 1222 (8th Cir. 1992) (pooled liability fund was not "other insurance"); Wake County Hospital Systems, Inc. v. National Casualty Co., 804 F. Supp. 768 (E.D.N.C. 1992) (holding that hospital's self-insured retention did not constitute "other valid and collectible insurance" within meaning of "other insurance" clause of nurse's commercial policy); Physicians Insurance Co. of Ohio v. Grandview Hospital & Medical Center, 44 Ohio App. 3d 157, 542 N.E.2d 706 (1988) (determining that self-insured hospital's contract to provide professional liability coverage for its residents was not "other insurance" within the meaning of residents' professional liability policy, and characterizing self-insurance as the "antithesis" of insurance since it is the retention of the risk of loss by one upon whom it is directly imposed by law or contract); American Nurses Ass'n v. Passaic General Hospital, 98 N.J. 83, 484 A.2d 670 (1984) (holding hospital's self-insured retention was not "other insurance"). Accordingly, a true self-insured does not share an identity of insurable interests and risks with a traditional insurance carrier because it has chosen to retain its risk rather than shift any of that risk to a commercial carrier. Therefore, there can be no equitable contribution from the commercial carrier or to the commercial carrier.
However, the facts in this case present us with a unique set of circumstances. Here, unlike in Benes or any of the other cited cases, CHRPP, like ISMIE, has chosen to include an "other insurance" clause in its Trust Agreement. By doing so, it seeks to share the risk of loss with a commercial carrier when they have coincidental coverage, and it is therefore something other than a pure self-insured which, as stated previously, chooses to retain all of its risk. As such, CHRPP and ISMIE should be treated no differently than they were treated in Padilla. Where both CHRPP and ISMIE have a duty to indemnify Dr. Baldoceda for the Rivera claim, CHRPP is entitled to seek contribution for the settlement costs it paid on behalf of Dr. Baldoceda.
We reject ISMIE's argument that, if CHRPP had no duty to defend, it does not insure the same interests and risks for purposes of contribution. "'It is not necessary that the policies provide identical coverage in all respects in order for the two policies to be considered concurrent,'" and "'as long as the particular risk actually involved in the case is covered by both policies, the coverage is duplicate, and contribution will be allowed.'" Schal Bovis, Inc., 315 Ill. App. 3d at 363, 732 N.E.2d at 1186, quoting 15 Couch on Insurance §218:6 (3d ed. 1999). Here, both CHRPP and ISMIE had a primary duty to indemnify Dr. Baldoceda and CHRPP seeks contribution for indemnification costs only. Accordingly, we find that CHRPP's status as a risk-pooling trust does not defeat its cause of action for contribution.
We further find that, where the "other insurance" clauses of CHRPP's Trust Agreement and ISMIE's policy govern the relationship of the parties in allocating liability, CHRPP cannot state a cause of action for unjust enrichment or quantum meruit. People ex rel. Hartigan v. E & E Hauling, Inc., 153 Ill. 2d 473, 497, 607 N.E.2d 165, 177 (1992); Canel & Hale, Ltd. v. Tobin, 304 Ill. App. 3d 906, 913, 710 N.E.2d 861, 868 (1999). Lastly, we decline to address ISMIE's counterclaim for defense costs where it is outside the scope of the certified questions.
Accordingly, for the foregoing reasons, we answer the certified questions and remand for further proceedings consistent with this opinion.
Certified questions answered; cause remanded.
REID, J., concurs.
QUINN, J., specially concurs.
JUSTICE QUINN specially concurring.
I concur in the holdings and in the answers given to the certified questions in this opinion. I write separately to express my concern with the whole theory of "selected tender." In John Burns Construction Co. v. Indiana Insurance Co., 189 Ill. 2d 570, 727 N.E.2d 211 (2000), our supreme court articulated the question as follows: "[W]hether an insurer to whom litigation is tendered and whose policy contains an 'other insurance' clause like the one above may seek contribution from another insurer whose policy is in existence but whose coverage the insured has refused to invoke?" In answering this question in the negative, the court relied upon the holdings in Alcan United, Inc. v. West Bend Mutual Insurance Co., 303 Ill. App. 3d 72, 707 N.E.2d 2d 687 (1999); Bituminous Casualty Corp. v. Royal Insurance Co. of America, 301 Ill. App. 3d 720, 704 N.E.2d 74 (1998); and Cincinnati Companies v. West American Insurance Co., 183 Ill. 2d 317, 701 N.E.2d 499 (1998). All three of these cases, in turn, relied upon an interpretation of Institute of London Underwriters v. Hartford Fire Insurance Co., 234 Ill. App. 3d 70, 599 N.E.2d 1331 (1992).
In Burns, our supreme court explained their reasoning as follows: "The insurance provided to Burns by Royal was not 'available,' in the language of the other insurance provision, for Burns had expressly declined to invoke that coverage. Moreover, we do not believe that the presence of the 'other insurance' provisions in the Indiana policy serves by itself to trigger the coverage afforded by Royal's policy. An 'other insurance' provision does not in itself overcome the right of an insured to tender defense of an action to one insurer alone." John Burns, 189 Ill. 2d at 578.
Apparently, Illinois is the only state that recognizes this "right." The reason 'd etre for this right has been explained thusly: "The insured may choose to forgo an insurer's assistance for various reasons, such as the insured's fear that premiums would be increased or the policy cancelled in the future, and this ability to forgo assistance should be protected." Cincinnati Companies, 183 Ill. 2d at 326. The insured may base the exercise of this "right" on any reason or no reason at all. When an insured exercises this "right", the targeted insurer is precluded from obtaining equitable contribution from other insurers who insure the same risk. This makes it much more difficult for insurers to determine the extent of the risk they potentially face in every policy they issue.
In Cincinnati Companies, our supreme court addressed what type of notice to an insurer was required to trigger the duty to defend. In doing so, the court commented that some courts required that the insured actually tender their defense to the insurer before the duty to defend is triggered, citing Institute as being an example. Cincinnati Companies, 183 Ill. 2d at 324. The court rejected the argument advanced by "tender courts" that "allowing mere notice to trigger the duty to defend would require the insurer to 'intermeddle officiously' in the underlying litigation." Cincinnati Companies, 183 Ill. 2d at 327, again citing Institute.
In Burns, the supreme court commented that in Cincinnati Companies "this court considered what is necessary to trigger an insurer's duty to defend, and held that the duty arises with actual notice of a claim against an insured, regardless of the insured's level of sophistication. *fn3 In reaching that result, the court acknowledged the line of authority that granted an insured the right to elect which of its insurers will defend a particular case." John Burns, 189 Ill. 2d at 575, citing Cincinnati Companies, 183 Ill. 2d at 324. That "line of authority" consisted entirely of a cite to Institute of London.
In Alcan, the insured tendered its defense to West Bend. The insured informed Reliance Insurance that it was looking only to West Bend for coverage, and did not want Reliance to provide coverage for the incident. The appellate court rejected West Bend's argument that their policy's 'other insurance' clause distinguished the case from Institute of London, as, in Institute, the insurer to whom tender was made had no such clause in its policy: " [L]anguage in Institute of London suggests that the result in that case would not have been different had Institute's policy contained an 'other insurance' clause. In that regard the court stated:
"Only when a policy is triggered and the insurer becomes obligated to pay 'all sums' and to defend 'any suit' does the 'other insurance' clause come into play to allow liability to be apportioned among the insurers." Institute of London, 234 Ill. App. 3d at 77 (Citations.) Alcan, 303 Ill. App. 3d at 81.
A plain reading of the cited language from Institute in no way "suggests that the result in that case would not have been different had Institute's policy contained an 'other insurance' clause." The quoted language refers to the policy of the insurer to whom tender was made. While tender was made to Institute, its policy had no 'other insurance' clause. As no tender had been made to Hartford, Hartford's 'other insurance' clause did not "come into play." Even if one were to accept the Alcan court's hypothesis, their holding that the "other insurance" clause in the policy of the insurer to whom tender was made should be disregarded is based on a "suggestion" contained in dicta.
The court in Bituminous Casualty looked at Institute's language that "if the policy is never triggered, the issue of liability under the 'other insurance' clause does not arise." Bituminous Casualty, 301 Ill. App. 3d at 728, quoting Institute, 234 Ill. App. 3d at 77.
The court interpreted this as follows:
"It is only when an insurer's policy is triggered that the insurer becomes liable for the defense and indemnity costs of a claim, and it becomes necessary to allocate the loss among co-insurers. The loss will be allocated according to the terms of the "other insurance" clauses, if any, in the policies that have been triggered. As discussed above, Royal's policy was not triggered and its obligation to defend and indemnify Johnson Construction with regard to the Peterman lawsuit was excused by the targeted tender to Bituminous." Bituminous Casualty, 301 Ill. App. 3d at 728.
As in Alcan, this analysis does not take into account the use of the singular form of the word "policy" in Institute. Applying the plain language of Institute, if the triggered policy contains an 'other insurance' clause, the loss should be allocated according to the terms of that clause. Put simply, the amount and nature of the coverage provided should be determined by the language of the policy issued by the insurer to whom tender has been made. If that policy provides for equitable contribution from other insurers covering the same risk, that policy's provisions should control.
Bituminous opined that if one insurer was able to trigger the insured's coverage under another insurer's policy, the policy of the insurer to whom tender was not made becomes, in effect, a third-party beneficiary contract entered into by the insured for the direct benefit of other insurers. Bituminous Casualty, 301 Ill. App. 3d at 726, citing Institute of London, 234 Ill. App. 3d at 79. Institute, in turn, cited Sabath v. Mansfield, 60 Ill. App. 3d 1008, 1016, 377 N.E.2d 161 (1978) in support of this proposition. However, Sabath involved a lawsuit in which a stockholder of a corporation sued a company based on a construction contract. Sabath stands for the well-settled proposition that a person may sue as a third-party beneficiary of a contract only when the contract clearly shows that it was made for his direct benefit. Sabath, 60 Ill. App. 3d at 1016. I do not believe that this principle of contract law provides a basis to disregard the (until recently) equally well-settled principles of equitable contribution in the context of insurance law.
Finally, accepting (as we must) that an 'other insurance' clause alone cannot overcome an insured's right to selective tender, left unanswered by all of the previously cited cases is what, if any, steps insurers may take to protect their right to equitable contribution in the face of a "target tender." In American Country Insurance v. Kraemer Bros., 298 Ill. App. 3d 805, 812 (1998) this court considered the effect of an insurance policy provision requiring the insured to:
"Promptly tender the defense of any claim made or 'suit' to any other insurer which also has available insurance for a loss which we cover under Coverage A or B of this coverage part."
This court held that, in selectively tendering his defense to only the insurer whose policy contained the above language, the insured "clearly breached the terms of the...policy and is not entitled to a defense or indemnity." American Country, 298 Ill. App. 3d at 812. As this case refers to "available insurance", it would seem that this cases's viability is in serious doubt based on Burns' holding that insurance is not "available" when the insured refuses to tender his defense or request for indemnification to that insurer.
In the vast area of legal jurisprudence, there are undoubtedly many instances where being the first, or only, jurisdiction to grant rights to persons or entities may rightly be a source of pride. While it is still very early, the doctrine of "selective tender" does not appear to me to be one of those instances.
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4 Bedrooms Detached Bungalow - £355,000
Turnberry Avenue, Dumfries, DG1
First listed on: 19th January 2016
Nearest stations: Dumfries (1 mi)
Interested in this property? Call See phone number 01387 257 666
Further Informations
Property Features
- Luxury Modern Built Detached Bungalow
- Four Double Bedrooms
- Luxury Split Level Kitchen / Family Room
- Double Elevated Plot With Mature Gardens
Property Description
* Luxury Built Detached Bungalow
* Spacious Flexible Living Throughout
* Large Double Plot Garden With Breathtaking Views
* Small Exclusive Development Set On The Edge Of Town
* Opportunity Not To Be MissedDescription
We are delighted to offer to the market this luxury,Location
The property is located in a prestigious development on the outskirts of Dumfries. Dumfries offers several major supermarkets, popular high street shops, secondary schools, university campus, a range of restaurants and medical facilities including the Region\'s Royal Infirmary.Our View
This property was constructed by Dickie Homes and is set within a small yet prestigious development on the outskirts of Dumfries. This luxury home has been finished to a very high standard. Viewing is a must! Set on an elevated plot, offering a superb quality of living all within an exclusive modern development, this is a fantastic family home!!IMPORTANT NOTE TO PURCHASERS:
We endeavour to make our sales particulars accurate and reliable, however, they do not constitute or form part of an offer or any contract and none is to be relied upon as statements of representation or fact. The services, systems and appliances listed in this specification have not been tested by us and no guarantee as to their operating ability or efficiency is given. All measurements have been taken as a guide to prospective buyers only, and are not precise. Floor plans where included are not to scale and accuracy is not guaranteed. If you require clarification or further information on any points, please contact us, especially if you are travelling some distance to view. Fixtures and fittings other than those mentioned are to be agreed with the seller.
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3025 North Lincoln Avenue, Chicago, IL 60657Request info Add to list
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Lakeview C.
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- Available Spaces
|Space Type
|Retail Space
|For sale: $239,000
|1,000 sqft
Lincoln Ave Retail or Office in Lakeview. Ideal for service retail, retail, or office. Do not disturb tenants. Available 60 days from Lease Execution... show more »
Building Details:
3025 North Lincoln Avenue is aretail property for lease in Chicago, IL. The property currently has 1 retail space for lease and is marketed by World Business Chicago.
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Dodge Charger R/T
Badass '68 Dodge Charger ... just the best muscle car in my opinion!
Charger …
This 1968 pro touring Charger got some radical and serious treatment, folks. It was shortened by 10.5 inches in front and 10 inches in the rear end. The roof also got chopped by 2 inches and even moved ahead by whole 4 inches.
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1968 Dodge Charger R/T Maintenance/restoration of old/vintage vehicles: the material for new cogs/casters/gears/pads could be cast polyamide which I (Cast polyamide) can produce. My contact: firstname.lastname@example.com
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'68 Dodge Charger RT 440 - 375 HP
Double plug sockets with USB charger


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How often do you hide your sexuality?
View Results
Read More: animal, queer dance party, RVA parties, Strange Matter
ANIMAL returns this Saturday with their queer friendly dance party at Strange Matter. Saturday's show will include sonic contributions from Connie ϟue (RVA), Alan Van (RVA), and Alex DB (DC).
They'll be helping the good folks at Rag & Bones Bicycle Co-op raise money for their programming. Rag & Bones will have some rad merchandise and a photo station. Be sure to throw some dough their way.
1. Linkoban – "Oh Oh"
Linkoban is a Chinese/Danish "grime rapper" hailing all the way from Copenhagen. We've recently become infatuated with her sound. "Oh Oh" is a song and video that will make you sweat for several reasons…
2. Lizzo feat. Sophia Eris – "Batches & Cookies"
Lizzo is a Minneapolis-based artist and member of the group GRRRL PARTY. The lyrics and beat are equally formidable in this song. "Batches & Cookies" makes you want to get up, dance, and maybe bake a little something sweet.
3. Yolanda Be Cool feat. SYF & Fritz Helder – "All That She Wants"
YBC and crew drop some welcome nostalgia in this cover. The infectious tackiness that Ace of Base served us in the 90′s has been distilled and reinterpreted as a surprisingly stylish dance track.
"I just try and keep my music on a positive happy page and help people enjoy life."
Copyright (c) 2016 GayRVA.com | Website Developed By CO+LAB
GayRVAout. spoken.


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Published: 15/11/2016China's Cyber Security Law, which will take effect from 1 June, 2017 was adopted on 7 November. The third draft of the law adopted by the Standing Committee of the National People's Congress, China's ... Read more
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Published: 14/11/2016Ever since the first draft of the EU-US Privacy Shield framework was published in early 2016, groups opposed to the idea have indicated their intent to challenge the legality of the framework under EU ... Read more
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text:
Meet the Glamore Cosmetics Team
At Glamore Cosmetics we pride ourselves on being MORE than just the product. For us our customers are everything and so is our service. We offer 24 hour service and will do everything we can to help you. Need a foundation that will match your skin....email us, call us we will help you!
Gael Baines: Founder and owner of Glamore Cosmetics. Gael has a PhD from the University of Cape Town (Dr Gael Fenhalls). If you have a question about ingredients this is your person to ask. In Gael's own words: "Starting this website was a huge event, I have learnt so much but the most important thing is that if I don't try I will never succeed." Meet Gael here.
Emma Baines: Emma has very sensitive skin which is why Hean and Oceanic products are her 'go to items' every day! Our products are for all skin types and in saying this we cater for hypoallergenic skin including sensitive skin. Emma can now wear makeup whereas previously her eyes burned or her skin itched and she was 'red and puffy'. Meet Emma here.
What do the experts say about HEAN makeup and OCEANIC cosmetics? This is a really good question and to answer it we have a makeup artist as part of our team.
Nafeesah Kherekar: Nafeesah is from Cape Town and has been doing professional makeup since 2010. Nafeesah LOVES our brands and thinks they were fantastic.....actually she said 'this stuff is better than anything she has ever used'. Meet Nafeesah here.
Here is a short video clip from Gael on how it all started:
Shop For
Makeup Brushes
Bridal Shoot


text:
You are a pilot in charge of an alien transport vessel.
Navigate through 6 locations and 14 levels picking up your passengers and transporting them to the delivery platform.
Either scripts and active content are not permitted to run or Adobe Flash Player version
13.0.0 or greater is not installed.
Press Up arrow key to take off/activate boosters, then use LEFT and RIGHT to move.
You can land anywhere, but it has to be a controlled, soft landing.
Likewise, you can bump into pillars and walls at very slow speeds.
You have to pick up all of the passengers ( green guys, 1 or 2 per level ) then land on the landing platform on the right side.
Is this game not working? Any suggestions? Send your comments.


text:
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text:
Capt. Bo & Deidra Johnson were featured once again on Right This Minute TV! –this time, with their unique and Read more →
Future Anglers
It is incredibly rewarding to be blessed with opportunities to take our youth fishin', and not only put a smile on their face in the thrill of the moment, but sew seeds to skills they will have with them for LIFE!


text:
Video: "Real Republican" battle royale
posted at 11:32 pm on October 21, 2007 by Allahpundit
I said I wasn't going to do it but I couldn't resist. In sequence: Fred smacks Mitt, Fred smacks Rudy, Rudy smacks Fred, Fred smacks Rudy back, Rudy smacks Fred back, McCain smacks Mitt, Mitt politely declines to smack McCain, McCain smacks the hell out of Mitt, Mitt politely declines to smack McCain again, Mitt smacks Hillary.
The winner? Chris Wallace, for fanning this brushfire.
Breaking on Hot Air
So you've decided to quit your church because of the election…


text:
N8636 Linden Beach Rd, Taycheedah WI, 54937
3 beds , 2 Full baths
1,732 sqft
Status: Active
Last Updated: 12/2/2016 12:23 PM
Description for N8636 Linden Beach Rd Taycheedah, WI 54937
Lakeside living at its finest in this immaculate, extensively remodeled(2004) 3BR/2BA Ranch w/ 60 ft of frontage on beautiful Lake Winnebago!Enjoy entertaining in the open living space w/ GFP, wet bar w/granite & DR w/ wall of windows for full view of lake and breathtaking sunsets. This property also includes 2 back lots; one w/ an amazing 39x22 heated bldg. to store all you recreational toys. Frontage w/ lg 24x22 boat house, pier & shore station. MBR suite w/ MBA. Kit has plenty of cabinet space & all appls. Other features incl. lg maint. free deck, wood flr, 2.5-car gar. & more.
Fond Du Lac
2 Full
1,732 (approx)
Listing Information
Softener Own, Sump Pump, Well Private
City Sewer
School Information
Room Information
Interior Features
Dishwasher, Dryer, Microwave, Other, Range-Oven, Refrigerator, Washer
Central Air, A/C - Other
Gas Heat, Forced Air
Gas Burning
Gas Fireplace, Cathedral/vaulted Ceiling
Exterior / Lot Features
2 Garage Spaces, Self-Park, Garage
Pier View
Lake, Boat House, Fishing Pier
Driving Directions
Highway 151 to Linden Beach Road to N8636 Linden Beach Road.
Financial Considerations
Listing Price History
Taycheedah Real Estate
Taycheedah is located in Wisconsin. Taycheedah, Wisconsin 54937 has a population of 5,008.
The median household income in Taycheedah, Wisconsin 54937 is $70,508. The median household income for the surrounding county is $53,399 compared to the national median of $53,046. The median age of people living in Taycheedah 54937 is 51 years.
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HyGreen partners with WKU Health Services
|Author: Terri F.
Date: Friday, November 15th, 2013
Contact: Keith Lancaster
WKU Health Services
HyGreen partners with WKU Health Services
Bowling Green, Kentucky, November 15, 2013
WKU Health Services has partnered with HyGreen Hygiene Recording and Reminding System to improve hand hygiene in the ambulatory and college healthcare setting. WKU Health Services, an accredited facility with the Accreditation Association for Ambulatory Health Care (AAAHC), is excited about the opportunity to be a pilot facility for this technology. Now that the flu season has arrived, it is even more important for healthcare workers to remember to disinfect work areas and sanitize their hands.
"WKUHS has a history of seeking out and utilizing cutting edge technology in the field of clinical healthcare. We are proud to be continuing that tradition through this collaboration with HyGreen," said Keith Lancaster, Manager, Healthcare Information Systems at WKU Health Services. "Their product will allow us to provide higher quality care for our patients and better protect our employees, while supplying valuable product development information to the HyGreen team. We see it as an added bonus that we will be able to partner with a member of the WKU Small Business Accelerator."
The HyGreen Hand Hygiene Recording and Reminding System is the first and most comprehensive tool to definitively monitor adherence to hand hygiene protocols. HyGreen® actively reminds healthcare workers if they forget to sanitize their hands prior to patient engagements. The system documents each time a healthcare worker sanitizes their hands and through the use of wireless technology records their status on every interaction with a patient.
"Improving hand hygiene is not only crucial to a healthcare facility's bottom line, it is also imperative in reducing the number of infections and improving patient safety," says Elena Fraser, HyGreen's Vice President of Client Services. "Our current deployments are hospitals making our collaboration with WKUHS the first deployment of an electronic hand hygiene monitoring reminding system into an ambulatory setting. WKUHS will be helping HyGreen to tailor our product to the needs of not only ambulatory settings but also of clinical and acute care facilities."
You may learn more about HyGreen from their website at: http://www.hygreen.com/
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Dr. Scott Lyons, Director of the School of Kinesiology, Recreation & Sport (KRS) at Western Kentucky University, was recently recognized by the American College of Sports Medicine (ACSM) as a new Fellow of the College.
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Say what you will about John Sculley, the man who fired Steve Jobs in 1985. At least he can admit he made a mistake.
According to a recent SmartBrief poll of 1,200 leaders, more than half say they have never regretted firing anyone—they stand by all their firing decisions. Only 8% admit that they later felt they'd made a mistake.
For Sculley's part, he takes responsibility for his mistake and believes that Apple's board should have understood that Jobs needed to be in charge.
"My sense is that it probably would never have broken down between Steve and me if we had figured out different roles," Sculley says.
"Maybe he should have been the CEO and I should have been the president."
One of Sculley's biggest regrets is that he didn't go to Jobs later, after Sculley was removed as CEO, to try to recruit him back. It would have saved Apple from years of floundering.
Lesson: Wise leaders have the gift of self-awareness, allowing them to acknowledge when they make an error, no matter how large.
— Adapted from "Why I Fired Steve Jobs," Thomas E. Weber, Daily Beast.
Related Articles...
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text:
Homemade Chorizo Sausage
Recipe courtesy of Bobby Flay
"Homemade sausage is so easy to make, but there's something about it that sounds very impressive."
- 3 tablespoons canola oil
- 1 small Spanish onion, finely diced
- 3 cloves garlic, finely chopped
- 2 teaspoons dried Mexican oregano
- 1 teaspoon ground cumin
- 1 teaspoon Spanish paprika
- 1/4 teaspoon cayenne pepper
- Pinch of ground cinnamon
- 1/4 cup apple cider vinegar
- 1 1/4 pounds ground well-marbled pork shoulder
- Kosher salt and freshly ground black pepper
Heat 2 tablespoons of the canola oil in a small saute pan over medium heat. Add the onion and cook until soft, about 5 minutes. Add the garlic and cook 1 minute. Add the oregano, cumin, paprika, cayenne and cinnamon and cook 1 minute. Add the vinegar and cook until reduced by half, about 5 minutes.
Remove the onion-spice mixture from the heat. Transfer to a blender, add 1/4 cup cold water and blend until smooth. Pour into a bowl and let cool to room temperature.
Add the ground pork to the onion-spice mixture and gently mix to combine. Mix in 1 teaspoon salt and 1/4 teaspoon black pepper. Cover and refrigerate at least 2 hours and up to 24 hours to allow the flavors to meld.
To cook the chorizo, form the pork mixture into 8 patties. Heat the remaining 1 tablespoon canola oil in a cast-iron skillet over high heat until smoking. Add the patties and cook until golden brown and just cooked through, about 5 minutes per side. Remove to a paper towel-lined plate to drain. Serve hot.
Photograph by Con Poulos
Recipes from Brunch at Bobby's: 140 Recipes for the Best Part of the Weekend. Copyright (c) Clarkson Potter, an imprint of Random House, LLC
Cooking Tips
More Recipes and Ideas
Chorizo and Cornbread Stuffing
Recipe courtesy of Aarón Sánchez
Potato and Chorizo Tortilla
Recipe courtesy of Tyler Florence
Chorizo Sliders
Recipe courtesy of Rachael Ray


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Wl & M Inc
1303 Southfield Dr Se Decatur, Alabama 35603(256) 350-3303
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AboutWl & M Inc is located at the address 1303 Southfield Dr Se in Decatur, Alabama 35603. They can be contacted via phone at (256) 350-3303 for pricing, hours and directions.
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The Company Blog Awards have come around again this year and I am still reeling after winning Best Personal Style Blog Newcomer last year! This year I would LOVE to be nominated again, this time for the Best Personal Style Blog category, which is the first on the drop down list. If you love reading my blog as much as I love writing it for you, it would mean the world to me if you could please nominate inthefrow.com for the Best Personal Style category. It literally takes 20 seconds to fill in and then your nomination is counted. I just need to be in the top 10 nominated in order to go through to the actual voting stage, so the nominations are so important. Your support is always so overwhelming, so thankyou so much for that. Please let me know in the comments if you nominate and if you're going for an award yourself, very very best of luck! :)
Just click here, or click the image above to go to the link
V xxxx
Some of these items may have been sent to me for review. Please see my disclaimer for more information


text: What was your source for this sewing project? Online Photo or Website Name of website or photo McCall's 6044 Link to website or photo mccallpattern.mccall.com/m6044-products-10742.php?page_id=103 What are you most proud of? Aside from the overall fit and finish, I think I'm proud of the plaid matching. It's not perfect, but the patterns line up well in several places. Also, I did a pattern alteration to take some excess fabric out of the sleeve, and that worked well. What advice would you give someone starting this project? Seersucker can be difficult to work with for a men's shirt, since you have to get the folds and seams down precisely, and the fabric doesn't always press well or fold cleanly. So some patience is definitely in order. You can see more about the shirt on my blog: http://lineofselvage.jotabout.com/?p=994


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Assistant/Associate Professor of Geotechnical Engineering
Ras al-Khaimah 30+ days ago
University teaching experience. Commitment to excellence in teaching and scholarship. All classes and other campus activities are conducted only in English....
Teaching Opportunities in Beautiful Ras Al Khaimah, 2016 and 2017 Start Dates
Ras al-Khaimah 30+ days ago
F/t teaching experience in American Curriculum strongly preferred (Math, Science and English). 1 English teacher (required ASAP)....
Ras Al Khaimah School Seeking Business and Economics Teachers for January, 2017!
Ras al-Khaimah 30+ days ago
Teaching Certification required. Experience teaching at the Middle/High School Level. F/t teaching experience in American Curriculum strongly preferred....
African english teacher (female candidates only )
Ras al-Khaimah 11 days ago
* Developing and implementing lessons and work schemes, using the Early Years Foundation Stage as a framework * Providing a safe and stimulating environment
Teaching position
Ras al-Khaimah 30+ days ago
Diagnostic, formative and summative to inform teaching is necessary.Oversee Behavior Management plans in classes;...
English Teacher- Native Speaker
Ras al-Khaimah 2 days ago
2-5 years of experience in teaching young learners. American, European,Canadian, Australian, South African....
Assistant / Associate / Full Professor of Medical Biotechnology
Ras al-Khaimah 18 days ago
Fluency in spoken and written English. Copies of teaching evaluations from at least two courses. Significant teaching and technical experience in the field of...


text: 05/24/14 Spent the morning in the woods seeing what photo opportunities I might get. Was there at first light, but due to the solid canopy of leaves overhead, the woods were darker than I expected and I never really got minimal shooting light for enough shutter speed to freeze animal movement and avoid blurring until around 10:00am...had to cull the vast majority of shots...but I kept a few to document the trip. MALE NORTHERN CARDINAL FEMALE NORTHERN CARDINAL FEMALE RUFOUS SIDED TOWHEE SQUIRRELS LARGE FUNGI


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SGS Indonesia PT
Technical Coordinator and QC Engineer (Power & Utilities)
Deskripsi Pekerjaan
Assist Operation & Technical Manager to lead, supervise and co-ordinate projects related to Power and Utility in-line with Operation & Technical Manager direction.
Responsible to project completion, authorizing all project activities, to ensure All Quality, Timely & Efficient execution of contract deliverable.
Responsible to project completion, authorizing all project activities, to ensure All Quality, Timely & Efficient execution of contract deliverable.
Operation & Technical Manager
- Responsible for Project completion and QC with Zero Accident
- Responsible for all project activities, technical and report deliverables, ensure the Quality as per Standard & codes, ensure Project timely & Efficient execution of contract deliverable.
- As the key person for Client / affiliates liaison for all correspondence including inquiries, quotations, and receipt of orders and technical matters.
- Support the Tendering team and inform the technical requirement, Standard & codes required
- Make recommendation on hiring and recruiting inspector in the RBI projects.
- Determine proper inspector for job assignment.
- Provide technical guidance to the inspector related to inspection method and technical requisition
- Brief or held tool box meeting to the inspector before job execution
- Monitor job execution
- Review inspection report prior approval Division Manager
- Inform clients regarding issuance of certificates and obtain shipping documents for certificate.
- Prepare final report and or certificate
- Send approved final reports, certificates to clients/affiliates or other parties as approved by Technical & Operation Manager.
- Review all complaints and/or potential claims relating to the projects.
- Preparation of reports for Technical & Operation Manager as requested, in a timely manner and other tasks as requested by the Division Manager, e.g.: weekly highlight, etc.
- Lead and Facilitate Criticality Assessment on P & U Equipment.
- Defined Equipment primary function, Equipment functional Failure, Equipment criticality Assumptions, SHE.
- Well known on Power Plant Operation & Maintenance.
- Good knowledge on Power Plant Technology.
- Hold on Certification of Electrical Engineering Professional at least issued by National Certification Body.
- Has a good skill in analyzing data for supporting the business
- Self starter, able to handle confidential information and has good communication and interpersonal skills.
- Open minded to continuous improvement, acts quickly and decisively.
- Having good technical background & projects experiences
- Education - Degree in Electrical / Mechanical Engineer.
- Experience - Minimum 8 years on project operation / coordination in Power & Utility, Power Plant or general industrial field.
- Specific Experiences
Specialized in: Well known / good knowledge on Electrical, Mechanical Equipment & Instrumentation of Power & Utility, plus having knowledge in National & International Standards (IEC, IEEE, PUIL. SPLN, etc)
- Additional requirements
- Fluent in Indonesia and English Language (verbal, written and comprehension)
- Has good knowledge and understanding on global harmonized procedure
- Has a good skill in analyzing data for supporting the business
- Computer literate
- Has a good logical sense, knowledge and skill in computer application or programming
- Has a good knowledge and understanding on analyzing and utilize the data by using computer application.
- Having knowledge in ETAP software, PLC, Micro Controller, etc.
- Desirable personality
- Fast learner, people skills, team player, mature, responsible person.
- Customer focused and business oriented individual.
- Able to work independently without immediate instructions or direct and constant supervision and to coordinate activities simultaneously.
- Self starter, able to handle confidential information and has good communication and interpersonal skills.
- Open minded to continuous improvement, acts quickly and decisively.
- Willing to contribute with ideas and recommendations and work well under pressure and challenges status quo.
- Able and willing to expedite issues with other clerical and technical staff, including Industrial Business manager, when it is felt that inaction could result in reduced satisfaction of customers (internal and external).
- Able to interacts, with all levels of managements, supplier, client, subcontractors, etc.
- Applies judgment and acts according to the SGS standards of ethics and integrity.
Ke halaman yang merekrut lowongan ini
Data pekerjaan
|DKI Jakarta
|Bisnis / Konsultasi Manajemen
|SGS Indonesia PT lihat lowongan lihat gaji lihat review lihat profil
Deskripsi Perusahaan
SGS is the Geneva based world's leading inspection, verification, testing and certification company with operations all over the world. Founded in 1878, SGS is recognized as the global benchmark in quality and integrity. With over 80'000 employees, SGS operates a network of almost 1,650 offices and laboratories around the world.
At SGS, we provide independent services that touch the lives of millions of people across the globe. We provide you with industry leading inspection, verification, testing and certification services – anywhere in the world. Our services enable you to operate in a more sustainable manner by improving quality and productivity, reducing risk, verifying compliance and increasing speed to market. From the energy that powers our cars and homes, to the food on our plates and the clothes on our backs, we provide solutions that really make a difference. With a reputation for passion, integrity, entrepreneurship and innovation, we offer you an unequalled service that you can truly rely on to make your goals a reality.
As we continue to expand and move ahead to establish ourselves to be the most competitive and the most productive service organization in the world, we would like to invite qualified and result-oriented individuals to join us.
Ke halaman yang merekrut lowongan ini
lowongan kerja rekomendasi
Quality Control Telemarketing
Site Quality Control (QC)
Quality Assurance (Code: QA)
Quality Assurance (QA) Manager
Payroll Quality Assurance Specialist (QA)
Group Claim Analyst
Quality Manager - Indonesia Singapore
QC Supervisor
SGS Indonesia PT
Rekan kerja yang bersahabat
- Masih Bekerja
- Other
- 19 Oktober 2015
- Rekomendasi
- Gaji & Benefit
- Work/Life Balance
- Senior Manajemen
- Nilai & Budaya
- Jenjang Karir
- Pros
- Selama bekerja di sini, saya tak hanya mendapatkan rekan kerja yang ramah-ramah, namun mereka sudah seperti menjadi keluarga sendiri. Tempat kerja yang sudah terasa seperti rumah kedua.
- Cons
- Persaingan yang ketat sehingga jenjang karirnya sedikit terhambat. Selain itu, manajemennya kurang transparan terhadap karyawannya mengenai sistem penilaian sebagai bahan pertimbangan jenjang karir karyawannya.


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Nancy Hinkle, professor of veterinary entomology in the College of Agricultural and Environmental Sciences, conducts research and outreach at the intersection of human health and veterinary medicine.
Beth Phillips
Beth Phillips, Rite Aid Professor in Community Pharmacy and director of the residency program at the VA Community Outpatient Clinic in Athens, encourages her residents to integrate teaching with scholarship and service, a practice that she follows closely.
Dee Dee McEwen
Dee Dee McEwen, director of introductory pharmacy practice experiences in the College of Pharmacy, helps her students learn to think like a pharmacist and emphasizes respect for patients, peers and fellow health care team members.
Dexi Liu
Dexi Liu, the Panoz Professor of Pharmacy and head of the department of pharmaceutical and biomedical sciences, encourages his students to develop a thirst for innovation and creativity in problem-solving.
Scott Pegan
Scott Pegan, an associate professor in the College of Pharmacy, provides students with real-life examples of the many drug discovery techniques that he uses in his lab to develop new antiviral drugs and antibiotics.
Henry Young
Henry N. Young, an associate professor in the College of Pharmacy, strives to create learning experiences that help students discover and construct knowledge for themselves.
Susan Fagan
Susan Fagan, Distinguished Research Professor in the College of Pharmacy, says that both her research and teaching are inspired by the patients she sees and has seen in her clinical practice.
Y. George Zheng
Y. George Zheng, an associate professor in the College of Pharmacy who develops new drug molecules and therapeutic strategies to fight cancer, teaches students medicinal chemistry principles and tactics to enable great new discoveries.
Brian Cummings
Brian Cummings, an associate professor in the College of Pharmacy and director of the university's Interdisciplinary Toxicology Program, has developed new drug delivery methods that target prostate cancer.


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Sorry! The position you're looking for is no longer available. Check out other Social Media internships below.
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Create Forward — Virtual
December 09 2016
Create Forward is seeking a creative, resourceful, self-starter seeking an opportunity to hone their skills as an emerging communications professional. This internship is ideal for someone passionate …
Application Deadline: 1/7/2017
Part time Remote
Marketing & Social Media Intern at Upscale Progressive Fashion Label
Asher Levine — New York, NY
December 09 2016
Asher Levine is an upscale label that specializes in fusing modern design with pioneering fabrication techniques. We are only interested in those with a passion to communicate, who are responsible and…
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Social Media and Event Coordinator
Global Art & Design Project — Virtual
December 09 2016
Founded in 2013, Global Art and Design Project is a new non-profit that uses creativity as an entrepreneurial tool for global development. We provide access to technology, scholarship support and arts…
Application Deadline: Available Year-round
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WREVEL — Brooklyn, NY
December 09 2016
"Wrevel" based out of Brooklyn is a brand-new social media website that helps people find and attend local parties and events in their area. With this in mind, it is Wrevel's mission to provide its us…
Application Deadline: 12/16/2016
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Event Coordination & Social Media Internship
Sonia Sharma Events — Venice, CA
December 08 2016
Sonia Sharma Events is a boutique event production company based in Venice, CA. We specialize in high end, multicultural weddings and a vast array of social events.
Application Deadline: Available Year-round
Part time
Videographer and Social Media Internship
American Adventure Expeditions — Buena Vista, CO
December 08 2016
This position will be tasked with increasing sales by promoting all activities that American Adventure Expeditions offers through multiple media outlets. Inspiring customers to adventure with us, by c…
Application Deadline: Available Year-round
Full time Paid
Operations Intern
StyleHaul — Los Angeles, CA
December 08 2016
StyleHaul is the largest global style community of content creators, comprised of more than 6,100 channels serving a global audience of style influencers and tastemakers who come to create, consume an…
Application Deadline: 1/15/2017
Part time
Social Media Intern
Profiles, Inc. — Baltimore, MD
December 08 2016
Profiles, Inc. is a full-service public relations and communications firm located in Baltimore, Maryland. We are looking for skilled social media/digital marketing interns for the 2017 spring semester…
Application Deadline: Available Year-round
Part time
Marketing and Social Media Intern
Achieve Internet — San Diego, CA
December 08 2016
Overview For over 14 years Achieve Internet has been on the forefront of web and mobile application development. Were hardcore software engineers with a simple mantra: Quality on Time! We work mainly …
Application Deadline: 1/14/2017
Part time Paid
Graphic Design & Social Media Intern
Benjamin Apartments LLC — Allston, MA
December 08 2016
Benjamin Apartments & Cityside Homes is seeking a graphic designer to generate web designed marketing materials for our top rated Real Estate office. The position is ideal for an ambitious individual …
Application Deadline: Available Year-round
Full time


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£55 - £65
Timberland® Brown Asphalt Trail Chelsea Boot
Regrettably this item is unavailable to order.
Premium full-grain leather and suede upper for rugged durability. Traditional Chelsea with a medial zipper for convenience and elastic gore side panel for a comfortable fit. Brushed nylon lining for warmth and comfort. Smartwool® fabric-lined footbed for climate control. OrthoLite® footbed provides all-day cushioning and support. Nylon shank for arch support. Lightweight, flexible, non-marking rubber outsole for durability and traction.
Upper - Leather, Lining and Sock - Textile, Sole - Other Materials.


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You missed it This great deal for Houston Fungus Treatment Center is over. But don't despair, we've got more great deals every day.
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The professional staff at this medical practice uses a 30-minute laser treatment to help free your nails of fungi potentially fast enough to allow you to resume regular activities that day:
• $199 ($850 value) for one laser toenail fungus-removal treatment for one foot
• $299 ($1,400 value) for one laser toenail fungus-removal treatment for both feet
• Call to schedule an appointment
Prepare for Sandal Season
Toenail fungus isn't a puny problem: It can cause your nails to become yellow and brittle, and possibly painful and ingrown. This Southwest Freeway office in Sugar Land boasts weekday hours to accommodate stuffed schedules. Additional treatments might be needed to eliminate more fungus for cleaner nail growth.
PAID VALUE EXPIRES ON December 10, 2021
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text: building website 1839 west 5th ave, vancouver, bc v6j 1p5, canada, strata plan number vas1228, kitsilano neighborhood, 6 suites, 3 levels, built 1981. this website contains: current building mls listings & mls sale info, building floor plans & strata plans, pictures of lobby & common area, developer, strata & concierge contact info, interactive 3d & google location maps linkwww.6717000.com/maps with downtown intersection virtual tours, downtown listing assignment lists of buildings under construction & aerial/satellite pictures of this building. for more info, click the side bar of this page or use the search feature in the top right hand corner of any page. building map location; building #011-map 7, vancouver west kitsilano area.


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Member Area Login
Please click below to be taken to the Member Login screen.
Not a member yet? Click here to join
Upcoming Meeting
ZAP the GAP- Manage and Motivation
From Boomers to Linksters - Work Life Balance
Interested in joining the Chapter?
Interested in becoming a Board member? All Board positions are open in the January elections.
National Scholarship applications are due on Dec. 15 by 5:00 EST.
Chapter Scholarship applications will be out in January!


text:
How would we recover from equipment failure, natural or man-made disaster without leadership? As part of a weekly, multi-disciplinary (sales, engineering and project management) discussion, my colleagues and I talk about the qualities of leaders that have a direct impact on critical infrastructure in North America.
We are currently reviewing a book by John C. Maxwell, The 5 Levels of Leadership. In summary, Maxwell states leaders are empowered by their team. A team leader doesn't need a title to lead, but does require the support of those he or she leads.
You may be asking what this has to do with disaster response. I have had the opportunity to witness firsthand how leaders emerge during times of crisis. Working with public safety, utilities, Fortune 500 companies and government agencies as they plan and execute strategic plans, I have seen the effectiveness and importance of leadership training.
I could very likely write a book on the actions of leaders during crisis that would be very entertaining, though I believe the real story is before a challenge presents itself. That brings us back to the hand-in-glove analogy between critical infrastructure leadership and disaster response.
Some may argue that great leaders are born with certain qualities, but the reality is that leadership skills can be taught, mentored and developed. Any individual can be a leader, but my experience is that there are some key common characteristics leaders have embraced to prepare them to be great leaders.
First off, there is a commitment to following and serving prior to stepping forward as a leader. Those that seem to have developed the skill of leading, but haven't learned the value of serving, fail the test of trust and lose the support of their followers. They need to learn the lessons of arrogance and the seductiveness of power. Post-Watergate, I had the opportunity to have a brief one-on-one conversation with President Richard Nixon in which he shared the effect of losing the trust of those he lead.
While at Mississippi Power Company, I was part of a team challenged with improving the effectiveness of delivering reliable and cost-effective electricity safely to residents and businesses in southern Mississippi. One project assigned to our team was the updating of the disaster response emergency plan.
This required pulling together best practices developed from decades of experience in dealing with hurricanes hitting the Gulf Coast. Anyone who has worked in the aftermath of a major disaster will be the first to tell you how important planning and training are. In reality, they can never truly prepare you for when you come face to face with the horror of a natural or man-made disaster. You rely on the training because you have to respond and only have time to refer to the manual for key contact information or reference documentation. But it is key that you have been prepared and know where and who to go to for the information your team needs.
The 1,200-plus employees of Mississippi Power were prepared to step up and showed their leadership skills when Hurricane Katrina hit the Gulf Coast in 2005. When more than 11,000 electric utility crews responded from 24 states and Canada to help restore electricity, they had no idea how much damage had been done, as illustrated in this USA Today photo gallery.
The emergency plan we had developed for such an event did not anticipate the full breadth of damage, which had resulted in the loss of all power to businesses and residential customers in the region. But all the training and planning that had been done provided a scalable template. I remember getting phone calls at home in Virginia from past team members who shared how the planning and prep work helped crews get the majority of communications back online within a week because of the planning that had been done ahead of time.
The ability to communicate during or following a disaster requires leaders to be trained and mentored, so that when an emergency presents itself, they are ready to rise to the leadership challenge. This capability comes from the willingness to invest in leadership training programs as well as collaboration between organizations and federal, state and local government officials. This ensures we are prepared as a team to protect our quality of life and, more importantly, protect lives.
In summary, we need to recognize the individual opportunities available for us to develop leadership skills. We never know when it will be our turn to take the lessons we learn and put on the gloves of action that save lives.


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October 17, 2011 - Batman: Arkham City is one of the most anticipated video games of the year, and it looks to improve on the already impressive Batman: Arkham Asylum. While the player doesn't get free-roam of Arkham City in its entirety, a large section of the city is available to explore. There is also a larger number of side-quests available, and an even wider variety of classic villains.
Despite that the Dark Knight returns with an expanded array of gadgets and a new ally in Catwoman, he'll need all the help he can get to defeat the game's large number of villains and save the day. Get a leg up on Batman: Arkham City by taking an early look at the all-star cast of villains that appear in the game!
NEXT: The Joker


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There are a lot of very different drinks out there called "Nutcracker cocktail", and I'm pretty sure it's one of those cases where people invent a cocktail and pick a name without checking to see if it's already in use (c'mon, people, we have a thing called search engines now). One thing all these recipes have in common is sweetness. This is the … [Read more...]
Sandbar Sleeper
The Sandbar Sleeper recipe makes 4-5 shots of creamy delicious goodness. You've got notes of coffee, hazelnut and caramel, so what's not to love? This is a terrific party drink because you can whip up a pitcher and just pour and top off as needed. Just remember to keep it in the fridge so the milk doesn't go bad (or the Bailey's, which actually … [Read more...]
Very Cherry Christmas
The Very Cherry Christmas tastes quite a bit like a chocolate covered cherry. It blends cherry vodka with the flavors of chocolate and Irish cream to create a flavor that's rich, sweet and easy on the palate. This is a great one for holiday parties. Recipe 2 ounces Three Olives Cherry Vodka ½ ounce Bailey's ½ ounces Godiva Chocolate … [Read more...]
Apple Cobbler cocktail
The Apple Cobbler cocktail tastes just like it sounds - apple, cinnamon and something creamy with hints of caramel. It really does taste a lot like apple pie. This drink obviously makes a great dessert substitute. It's also wonderful served with milk, almost with one drink as a chaser for the other. Because a glass of milk goes with apple cobbler like … [Read more...]
Mangan Coffee
The Mangan Coffee drink is a little stronger than most coffee cocktails. It's mostly liqueurs, but it does have an ounce of two rums, too. It still retains that coffee drink kind of flavor - sweet and easy on the taste buds - but it will definitely relax you a little. This is a great drink for cool evenings or anytime you just want to take it easy and … [Read more...]
Irish Cola drink recipe
The Irish Cola gets its name from blending Irish whiskey and Bailey's Irish Cream with cola. You probably could've guessed that on your own. This drink has a rich taste with notes of fruit and almond, and a little hint of smoke from the Jameson's. Now, you don't have to use Jameson's if you have another Irish whiskey you like. I wouldn't waste a … [Read more...]
Umbrella Man Special
The Umbrella Man Special is one of those super-easy cocktails featuring equal parts of everything, and most of them sweet liqueurs. But this one uses a fairly unusual ingredient: Drambuie. Without that, this drink would be be a B-52 with added vodka. But the Drambuie adds a honey flavor into the mix, and that makes it taste even more like a caramel … [Read more...]
The Tiatip is a layered cocktail with just two ingredients: Tia Maria and Bailey's, in equal parts. It's an elegant looking drink, black and cream. This is a sweet little shot that deserves to be savored, not chugged. It's like sweetened coffee and cream with just a little Irish whiskey thrown into the mix. Try this one the next time you're in the … [Read more...]
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Michael Giacchino
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Micheal Giacchino scored the films Doctor Strange and Spider-Man: Homecoming.[1].
He also scored the theme for the Marvel Studios 2016 logo[2].


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Upper Tampa Bay Chamber of Commerce
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The Upper Tampa Bay Chamber proudly serves the premier demographic areas of Citrus Park, Oldsmar, Town N County, and Westchase. Our product is building solid business to business relationships as well as linking business to government and community leaders.
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text:
Alex G. Pitman
BMedSci, MBBS, FRANZCR
My Selection
Alex G. Pitman
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