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Suzuki Access 125 Overview :- Suzuki Access 125 was first introduced on September 18, 2007. After that Suzuki launched a newer model Swish 125 in 2012, and again a special edition variant of Access 125 with the name of 'Suzuki Access Special Edition' in collaboration with 'Being Human' foundation on October 3, 2013. It was available for a limited period. In 2016 Suzuki India launched new face-lifted and upgraded version of Access 125 with alloy wheels, chrome bezel for the headlamp, 3D logo, odometer, trip-meter, digital fuel gauge, easy read Speedometer, large under seat storage and foot-board, optional charging socket and a unique engine oil change indicator. The new Access 125 looks big, and quite handsome.The squarish headlamp in integrated on the handlebar and the apron gets pseudo air vents and turn signals.The side profile is actually much better than before and it may become good choice for customers of any category including women.
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Jericho, made famous in the Bible and one of the earth's lowest and oldest inhabited cities, has begun a year-long celebration of its 10,000th anniversary.
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Free yourself from the downward spiral of scaling, root planing, gum grafts, flap surgery, chemicals, and the inevitable extractions and implants and cure gum disease (periodontitis) naturally. Ramiel Nagel's bestselling guide, Cure Tooth Decay, has inspired tens of thousands of readers to discover hidden and effective means to reduce dental cavities by at least 90 percent. In Cure Gum Disease Naturally, Nagel expands upon his original work and shows you the forgotten and suppressed cure for gum disease. The CDC now reports that about half of all adult Americans suffer from periodontal disease, with 8.5 percent of all adults having severe gum disease. And even worse, 23 percent of all adults aged sixty-five and older have lost all of their teeth. Despite the prevalence of periodontal disease, dentistry has not found the "cure" as it continues to allow adults to lose their teeth only to primarily offer the expensive and often painful alternative of dental implants. This is not a book that advocates for gum surgery, or for other chemical or harsh overpriced treatments with dubious results. This is a truly natural, holistic approach that primarily focuses on how you can use the food that you eat as medicine for your body, to give it specific and targeted nutrition, and to make your sad gums happy again. It will show you how to turn the frequent dreadful dental visits into a delight, and to help you stop worrying about the health of your teeth and gums so you can start living life-as you deserve to-once again. Take a bite out of life, improve how you feel, reduce your level of stress, and finally, at last, read a book that was truly written with a goal that you can align with, to get you out of the endless and unnecessary cycle of gum disease treatments that do not provide results that last because they never address the root cause. Cure Gum Disease Naturally is about you and your health. It begins with the story of how conventional dentistry no longer advocates and prescribes treatments based upon the agreed upon and proven cause of gum disease. You will learn how enlightened dentists Melvin Page and Harold Hawkins applied the research of esteemed dentist Weston Price in their practices to prevent the tragic loss of teeth by restoring gum health in their patients. You will then be led, step by step, through the evidence and the information that gives you a precise and detailed road map, using whole foods, to stop gum disease and to rebuild and repair your gums. Finally, you will be given essential information to navigate the dangerous waters of gum treatments, and find new ways to care for your teeth and gums that until now, few knew were even possible. Read Cure Gum Disease Naturally and learn how loose teeth can be firmed up and become rooted like a strong tree once again into your jaw bone, inflamed gums can become healthy, and bleeding can be greatly reduced and stopped. You will at last see clearly why you have succumbed to gum disease and know specific steps to take, by eating certain foods, to keep your gums healthy and thus keep your teeth for the rest of your life.
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|Ramiel Nagel
|Golden Child Publishing
|Data Published
|20 March 2015
|Format Book
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|Age +
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Ouarzazate to Efourd
Dades Oasis. "The Sahara belongs to us" Just before that he noted location of Recent Cadillac commercial. Stunning, and people actually live there. Went to another place in road to Erfoud, Reminded lame of fotos I have seen of Petra in Jordan. Tour guide who has been there, agreed. We made a bathroom stop. Took fotos. S bought bracelets and a scarf …
Finally the Sahara
... 10 to 15 years. When they reach the end of their useful life, they just abandon it and build another right next to it.
We continued our trek following a dry river bed called the Oued Rhies, to our camp for the night. By now we were all ready for showers, after which we felt totally renewed. Mark warned that the winds were expected to pick the next day, and it may rain. Sometime in the middle of the night we awoke to the sounds of ...
Fossils trade
As this was fossil country we decided we should have a look at a workshop/shop. Along the road from our camp there were a number of large fossil workshops and retail stores and we picked one at random. As usual we were greeted like long lost cousins and given a guided tour. The working conditions were very basic, dust everywhere with the workers using their headdress as protective masks.
Given the ...
Send Your Camel To Bed
... clapping his hands to roust us out of our desert slumber.
Pretty quick up and out as we were racing the sun to catch the dunes change color from indigo to red to adobe to tan. Mission accomplished. But I missed the initial few seconds of the sun's red glow. It's hard to look over your shoulder on a camel.
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... and goats. They were so beautifully hidden in the rocky sands and brush. And some shepherds waved us through. I can imagine the sight of the bus is exciting. There is a lot out there but it is very subtle and one has to be very appreciative of small natural delights. Everything is discreet and cloaked in nature. Truly beautiful and the light extraordinary but so hard to capture. Tomorrow we set the sun with our camel pals. Can't ...


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by Jada
(Dublin, Georgia, USA)
At a church function, we were to have dinner with our age group. We sat with some usual friends and found three sealed envelopes lying on the table. While eating the main course, we were told to open the first envelope and discuss the questions.
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The first of our kind on the Mid-Town Manhattan, established in 2006, We brought an upscale combination of Billiard & Sports Bar to New York City. Our customers have loved us for it ever since.
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Dragons infielder Angel Cabrera has been unconditionally released by the Reds. Cabrera played in 65 games this season, batting .263 with three home runs and 22 RBIs.
Cabrera slid hard into second base – spikes high – right before Dragons skipper Donnie Scott came and Chiefs interim manager Carmelo Martinez got into the shoving match that started the brawl. He was one of the Dragons who had been hit by a pitch earlier in the game.
Check out the DDN's story about Cabrera. Sounds like this wasn't the first time he's been accused of getting dirty.


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WHAT'S WARM, FUZZY and the perfect recession-era pitchman for everything from iPhones to laptops to credit cards? If you ask some of the country's big advertisers, the answer would be: the entrepreneur.
Trying to tap into the popular belief that entrepreneurs are somehow more authentic — and more innovative — than big corporations, a handful of the country's highest-profile employers are tapping small businesses as spokesmodels.
Dell's (DELL) new "Take Your Own Path" print, online and billboard campaign features 40 entrepreneurs in eight countries. American Express' (AXP) "Anthem" campaign, which ran through early October, featured six small business owners in a television advertisement and a series of vignettes that ran on AmEx's OPEN web forum. Also in the mix, Intel (INTC), which gave five entrepreneurs the chance to describe their business in videos and online questionnaires at an Intel micro-site.
"Coming out of troubling economic periods, small businesses usually reignite the economy," says Deb Curtis, the vice president for global advertising at American Express who helped develop the company's "Anthem" campaign. "We partnered with businesses that knew how to reinvent themselves," she says.
AT&T produced a 30-second commercial that featured Blake Mycoskie, the founder of TOMS Shoes.
Spotlighting their own customer base not only generates heaps of free publicity for all participants, it can also firm up loyalties, and increase business by extension — if small entrepreneurs do well, they give business to larger firms. The big companies get points with consumers just for acknowledging entrepreneurs. "It's like innovation by association," says Paul Kurnit, a clinical marketing professor at Pace University in New York. The big firms don't have to do anything innovative; in fact, during a recession, they are often doing the opposite — pulling funding for research and development and marketing.
AT&T (T) recently produced a 30-second commercial that featured Blake Mycoskie, the founder of TOMS Shoes, a Venice, Calif.-based shoe maker that donates shoes to needy children. In the spot, Mycoskie shows how he uses the AT&T network in his travels. Just after it first aired nationally in April 2009 during the Masters Golf Tournament, the commercial received so much attention on Twitter and YouTube that AT&T decided to make a special, 60-second version, which premiered on American Idol.
TOMS Shoes benefited, too. "Our daily online traffic has nearly tripled; blog mentions about TOMS have more than doubled; and we've attracted a growing number of supporters on Facebook, MySpace and Twitter," says Mycoskie. Informally, he adds that during public appearances he typically asks his audience whether or not they've heard of TOMS Shoes. About 25% of audiences had heard of his company before the spots ran. Now that number is closer to 80%, he says. "There can be no doubt that AT&T is responsible for this increased exposure," Mycoskie says.
Warren Brown, the founder of Cake Love, a regional chain of sweets shops based in Washington, D.C., had a similar experience. The attorney turned entrepreneur, was doubly featured in campaigns from American Express and Dell. Those appearances both boosted online cake sales, and his ego. "Someone was acknowledging in the midst of this terrible season that we can make it through this," says Brown. "I was happy to participate."


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Details of this Paper
Probation versus Parole (APA Format with References)
The criminal justice system in America is very complex. It has many parts that must work together in order for it to be effective. The criminal justice system relies on politicians to create laws, judges to interpret laws, and police officials to enforce the laws. However, our system would not be as effective, if not for the vigilant efforts of other agencies and groups. Although often overlooked by the public the parole and probation programs in America are important components of the American criminal justice system. These programs must continue to evolve to ensure the current and future effectiveness of our criminal justice system. The parole and probation program was designed to help give a second chance to people
Paper#23062 | Written in 18-Jul-2015Price : $29


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This month, CervixCheck is dedicated to bringing awareness to cervical cancer screening, and decreasing the stigma of the HPV – the virus that causes cervical cancer.
At CervixCheck we work to educate Manitoba women about the causes of cervical cancer and the importance of screening through regular Pap testing, as well as educate health care providers about best practices in cervical cancer screening.
One clinic in Winnipeg we have worked with is Hope Centre Health Care, where LeAnn Friesen is the clinic coordinator.
In her role, she's become aware of many reasons that prevent women from booking a Pap test – even though it is a quick, simple test, and it can save your life – and she works with clinic staff to help women overcome any discomfort, confusion or fear they may have in order to help them get screened for cervical cancer.
"It's an intimate exam, and sometimes women aren't totally comfortable for a number of reasons," LeAnn says. "Maybe they are not comfortable having a male doctor do the test, or maybe it's a language barrier or knowledge barrier, so they put it off.
"We also know that many women have gone through abuse or sexual assault," LeAnn says, acknowledging that for those women, the test can be especially intimidating.
"There are many clinics that offer Pap testing, and there are lots of resources out there to help," LeAnn says. "At our clinic we can take as much time as you want, or we can get you out of here as fast as you want. We've done it where a second nurse is in the room to hold the woman's hand or offer comfort. We also have nurses here who work with the sexual assault program in Winnipeg, so they have that experience as well, so we can help out in a lot of different circumstances."
CervixCheck recommends all women age 21-69 who have ever been sexually active be screened with a Pap test every three years. The Pap test detects abnormal changes to the cells on the cervix, caused by the HPV virus, which can lead to cancer – but can be addressed and treated if detected early, through regular Pap tests.
CervixCheck also works to help women find Pap clinics – you can click here to visit our website, enter your postal code, and see where in your community you can go for a Pap test, including information about the availability of female health care providers, languages spoken by health care providers at each clinic and whether the clinics are wheelchair accessible.


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February 5, 2009
IN THE MATTER OF THE CLAIM OF AMBER GOLDNER, APPELLANT.v.COMMISSIONER OF LABOR, RESPONDENT.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Calendar Date: December 18, 2008
Before: Cardona, P.J., Mercure, Kavanagh and Stein, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 16, 2007, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
After claimant, an office manager, left the employer's premises at the end of the work day on August 11, 2006, she did not return for approximately six weeks. Although claimant had a friend contact the employer after two weeks had passed to advise that she would be returning at some point, the employer testified that claimant did not contact him during her absence, she offered no explanation for her absence upon her return and he had not given claimant permission to take time off from work. Inasmuch as claimant failed to contact the employer in a timely fashion during her prolonged and unexplained absence or otherwise take reasonable steps to protect her employment, the Unemployment Insurance Appeal Board's decision ruling that claimant voluntarily left her employment without good cause is supported by substantial evidence (see Matter of Zaichik [Commissioner of Labor], 42 AD3d 616, 617 [2007]; Matter of Pregon [Commissioner of Labor], 32 AD3d 650, 650-651 [2006]; Matter of Felder [McRoberts Protective Agency Commissioner of Labor], 21 AD3d 1175, 1176 [2005]). Notably, claimant's inconsistent testimony attempting to explain her absence presented a credibility determination for the Board to resolve (see Matter of Krisher [Commissioner of Labor], 34 AD3d 894, 895 [2006]).
Cardona, P.J., Mercure, Kavanagh and Stein, JJ., concur.
ORDERED that the decision is affirmed, without costs.
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Damage Control (TV series)/Credits
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Full Credits for Damage Control.
Main Cast
Recurring Cast
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Created By
- Ben Karlin - Executive Producer (Season 1)
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Replace dairy or coconut milk in sauces, curries, smoothies and more...
Enjoy the wonderful convenience and delicious flavor of Let's Do Organic Creamed Coconut, the secret ingredient in regional dishes from Thailand to Jamaica.
Let's do...Organic Creamed Coconut is brought to you by Edward & Sons Trading Company, purveyors of delicious and convenient natural foods since 1978.
Suggested Use
Mix 1 Tbsp Creamed Coconut with 2 Tbsp hot water. Stir briskly until fully dissolved. Adjust thickness as desired by adding more or less hot water. Add to soups, gravies, casseroles and other favorite dishes toward the end of cooking.
Note: Creamed Coconut will harden in cool temperatures. To soften, simply immerse closed bag in a bowl of hot water for a few minutes.
Organic Creamed Coconut is perfect for Thai sauces and Caribbean stews. Diluted, pour over fresh fruit to make a delicious and "coconutty" sweet treat.
Or simply add Creamed Coconut into a blender with frozen fruit to enhance tropical smoothies! Experiment!
Other Ingredients
Organic coconut.
Store in a cool dry place.
Refrigerate after opening.
|Supplement Facts
|Serving Size: Per 1 tbsp (28 g)
|Servings Per Container: about 7
|Amount Per Serving
|% Daily Value
|Calories from Fat
0 g
|0 mg
|10 mg
|7 g
|5 g
|2 g
|2 g
|Vitamin A
|Vitamin C
Creamed coconut is not the same as condensed coconut milk. It contains coconut-meat solids and is pulpier/thicker, and will not taste like coconut milk by thinning it out with water. What you get: inside the green box you see in the picture is a plastic-wrapped block of creamed coconut. Unless your house is very warm, it will be rock-hard. I fill a bowl with hot tap water and immerse the entire package, then knead it with my fingers after a few minutes. Repeat a couple of times, then snip the package open and pour/squeeze it out like toothpaste for use in cooking. If you don't use the entire package all at once it will resolidify; that's what real coconut cream does. That's why I love these little packages, as opposed to the 16-oz jars of other brands.
I had previously used creamed coconut from another brand that wasn't organic, so I was glad to find this one here. I use it to make coconut milk. Here in Spain it's hard to find cans or bricks of real coconut milk, not the ones filled with thickeners and not very high quantity of coconut, at a reasonable price, even more if it's organic. I just heat some water, as much as the coconut milk needed for the recipe, and then add creamed coconut until it gets the right thickness. It's definitely cheaper than buying cans (also more Earth-friendly, much less packaging), and you get the real stuff, just water and coconut. Mine was liquid when I opened it, it was a hot day, but it gets solid when the weather's colder. Now I kow it's much easier and less messy to use it liquid, will keep it in mind from now on. Oh, and keep it refrigerated after the first use, it lasts for months in good condition.
Posted by 5219788476217161666 on Dec 05, 2016
nice & thick & creamy! great for desserts or savory dishes! organic too what's not too like!
Thick like paste
Posted by 5722811239183954417 on Nov 30, 2016
This is a very thick product, more like a paste than a milk. And it has texture to it. It also has a rather strong coconut flavour. It isn't bad, but it's different from most coconut creams.
Great organic coconut butter
Posted by 5063487695190117137 on Oct 08, 2016
It has a really wonderful taste.Amazing to cook with. Gives a delicious flavor and texture to dairy free desserts.
Posted by 5230234397799064995 on Oct 05, 2016
Love it very nice
This is a good product
Posted by 5162690405072799045 on Sep 17, 2016
It is a much smaller packet than I expected.... The cream is separated from the oil, you can see obviously two layers, which is good because it shows that no emulsifier is added. Moreover, you can easily remove the excessive oil if you want to. I removed most of the oil and used it to do oil pulling this morning. So, if I continue to use this product, I may not need to buy coconut oil anymore... Used the cream last night. It tasted good!


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No. 15 FSU Looking For Fourth Straight Win Over No. 13 FloridaThe college football rivalries inside the state of Florida are something special.
Four Big Games To Watch This College Football SaturdayFour Top 10 teams face stiff challenges this weekend that could affect their hopes of a playoff spot.
Young QB's Shine On College Football's Opening WeekendFans in Alabama, Texas, Georgia and Florida are all pretty happy after getting their first look at their team's new QB's.
Canes Knock Off FSU In Nail-Biting VictoryMiami once again had Florida State's number, as the 12th-ranked Hurricanes took down their rivals for the second time in 2016 to sweep the season series, this time in a 67-65 nail-biter Sunday at the Donald L. Tucker Center.
No. 12 Miami Faces Big ACC Road Test Against Florida StateThe Miami Hurricanes are having a solid season but want to improve their play inside the ACC, especially on the road.
Miami Hurricanes 2016 Football Schedule ReleasedThe University of Miami's 2016 football schedule was released on Tuesday.
FSU Booster Group To Pay Attorney Fees From Title IX LawsuitFlorida State University is going to have some help after the ending of its recent litigation.
FSU Settles With Woman Who Accused Jameis Winston Of RapeAlmost three years later, a former Florida State University student is being compensated for the trauma she went through at the school.
Canes Crush Seminoles For 8th Straight WinGuard Sheldon McClellan scored all but one of his game-high 21 points in the second half to lead 11th-ranked Miami to a 72-59 victory over Florida State in an Atlantic Coast Conference matchup on Saturday afternoon.
Canes Hoops Face In-State Rival FSU In Coral GablesNo. 11 Miami (Fla.) looks to get off to an 2-0 ACC start before facing three consecutive road tests while visiting Florida State tries to avoid an 0-3 start in league play when the in-state foes meet on Saturday.
Hurricanes Confident They Can Win In Tough ACCThe University of Miami men's basketball team got its season off to a great start against non-conference opponents, and now the Canes want to keep that momentum going strong.
UM Student Who Broke News Of New Coach Discusses The HireThe Miami Hurricanes will hold a press conference on Friday morning to announce the school's next head football coach.


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Human Chromosome, Sem by Science Photo Library - 10.000" x 7.125"
Luster Photo Paper
CRQ13 - Black Wood (CRQ13)
Arctic White
1/8" Clear Acrylic - Foam Core Mounting
Assembly Charge
Human Chromosome, Sem framed print by Science Photo Library. Bring your print to life with hundreds of different frame and mat combinations. Our frame prints are assembled, packaged, and shipped by our expert framing staff and delivered "ready to hang" with pre-attached hanging wire, mounting hooks, and nails.
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Fine Art America offers over 250 different frames at wholesale prices.
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Human chromosome. Coloured scanning electron micrograph (SEM) of a human chromosome. Chromosomes are a packaged form of a cell's genetic material DNA (deoxyribonucleic acid). The DNA condenses into chromosomes during cell replication. Each chromosome consists of two identical strands (chromatids), aligned parallel to each other and joined at an area called the centromere (grey). The terminal regions are called teleomeres (pink), and play a role in regulating cell ageing.
Science Photo Library was founded in 1981 by Michael Marten, one of the authors of "Worlds Within Worlds", a book exploring different ways to observe the universe - from electron micrographs, to images of earthrise taken from the Apollo spacecraft. When Marten started receiving requests for the beautiful images in the book, he had an idea of setting up Science Photo Library. Since then, Science Photo Library has continued to work alongside world acclaimed photographers and the leading science and medical experts to provide a central source of the best science and specialist imagery available. Although the collection started with scientific images, it has grown to encompass all aspects of science and their impact on everyday life.
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text:
Doosan Dump Truck Tire - Chinaprice: 100.00 Dollar US$
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Full Name:Alice Wong
Address:2nd Floor, Xinhe Linghang building, Xinsheng Road, Gaoxin District, Chengdu, Sichuan, China
Company Contact:
- Posted By: A&S Tire Co. Ltd.
- Phone: 862865376577
- Address: 2nd Floor,Xinhe Linghang building, Xingsheng Road, Chengdu , China
- Email:
- Website: http://www.mining-tire.com/
Published date: July 22, 2016 -
- Business Description: A&S Tire is a leading tyre exporter and supplier based in
Chengdu, China.
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text:
Troy Villa practices extensively in the areas of business transactions and advisory services, traditional and non-traditional financing services, including advising clients in leveraged bank financing, mezzanine financing, private equity investments, venture capital and other high-yield credit facilities. Additionally, he has represented clients in various capacities in tax credit financing transactions involving New Markets Tax Credits and historic rehabilitation tax credits.
He also represents business clients and entrepeneurs in a wide variety of business transactions involving the purchase and sale of privately-held businesses, mergers, consolidations, reorganizations and other similar transations. He has extensive experience in the structuring and negotiation of terms related to these types of transaction, and the drafting of related contracts and agreements. He has advised client with respect to both domestic and international transactions.


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Boys Sweaters Sizes 8 To 20
Shrimp cocktail. Perfect for Christmas party and I can have it.
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Union Jack Sweater Thomas Brown 8/9y Adorable boy's size 8/9y sweater with the British flag. In excellent, gently used condition. 16.5" across chest, 19.5" from back neckline to hem. 80% wool, 20% Polyamide. Machine washable. By British company Thomas Brown, a brand worn by Prince George! Thomas Brown Shirts & Tops Sweaters
Green Boys Vineyard Vines Sweater Small 8-10 Preowned Vineyard Vines by Shep & Ian light green 100% cotton sweater. Size S 8-10. Approx. 15.5" underarm to underarm lying flat unstretched; 13" underarm to wrist; 20" back top of neck to bottom hem. Vineyard Vines Shirts & Tops Sweaters
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text: Need Administrative Assistant Requirement: 1. Good Verbal and written communication skills 2. Good computer skills (word and excel). 3. Knowledge of clerical and administrative procedures and systems such as filing and record keeping. 4. Should live in or around Santa Monica preferably with driving skills. Willing to do immigration paper work. Salary negotiable. Please email you resume at email@example.com


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It's crazy saltwater fly-fishing for striped bass off Montauk in the Blitz.Watch Video
Head to Sitka, Alaska, as Ben learns the ins and outs of halibut fishing.Watch Video
Put your seat belt on! Ben gets a swordfish fishing lesson in Islamorada.Watch Video
Ben fishes for striped bass three ways: from a boat, the shore & the water.Watch Video
Ben gets a few pointers before reeling in the biggest catch of the day.Watch Video
Watch and learn a quick way to make flour tortillas for these tasty tacos.Watch Video
A basic primer of words and phrases you may hear in a sushi restaurant.
Forget the sushi bar. Jeffrey eats a Sushi Popper and takes fish on the go.
Get our tips for perfect frying at home. Hint: You don't need a deep-fryer.
How is sushi meant to be eaten? These etiquette tips unravel the mystery.
Fish tacos in a creamy sauce don't have to be full of fat: just watch.
Sushi has a language all its own. Here is a glossary to impress any chef.
Tips on how to eat sushi from washing your hands to the sauce to dip it in.
Check out this simple definition of a famous Japanese dish.
These restaurant owners make sandwiches with a twist: biscuits for buns.
Ben helps prepare a traditional Polish carp dish served on Christmas Eve.
Get Cooking Channel on your TV.


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265 pages, B/w photos, maps
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August 03, 2015
FCA US is recalling 284,153 Dodge Chargers in the 2011-2014 model years because some air bags might unexpectedly deploy – a defect arising from faulty side-impact sensor calibrations, the National Highway Traffic Safety Administration said.
The recall covers Dodge Chargers manufactured from May 6, 2010, to June 5, 2014. In these cars, the side-impact sensor calibrations may be overly sensitive. As a result, the side air bag inflatable curtains and seat air bags may unexpectedly deploy, and the seat belt pre-tensioners may activate, NHTSA said.
Dodge dealers will update the occupant restraint control module calibration, free of charge, to resolve the problem.
Vehicle owners can reach FCA (Fiat Chrysler Automobiles) customer service at (800) 853-1403. FCA US's number for this recall is R35.
Determine the actual cost of owning and running a vehicle in your fleet. Compare vehicles by class and model.
Jim McCarthy is the director of Vehicle Management Services for Siemens Shared Services.
Read more
Jim McCarthy is the director of Vehicle Management Services for Siemens Shared Services.
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The Penguins Developmental Camp will open up Tuesday July 13th and run through Saturday July 17.
The rooks and prospects will take part in a series of on-ice practice and scrimmage sessions at Southpointe, medical and fitness testing at the UPMC Sports Medicine Complex on the South Side and workouts, meetings and seminars at Mellon Arena.
The good news for many of you is that the on-ice sessions at Southpointe will be open to the public.
The sessions will be instructed by Wilkes-Barre/Scranton head coach Todd Reirdon, his assistant coach John Hynes, Penguins assistant GM Tom Fitzgerald, Penguins goaltending coach Gilles Meloche and Penguins strength and conditioning coach Mike Kadar.
The roster for the event shakes out as such:
Forwards Kenneth Agostino, Andy Bathgate, Beau Bennett, Brian Gibbons, Joey Haddad, Ben Hankowski, Dustin Jeffrey, Tom Kuehnhacki, Nick Peterson, Casey Pierro-Zabotel, Zack Sill, Alex Smigelski, Eric Tangradi, Paul Thompson and Kevin Veilleux.
Defensemen Robert Bortuzzo, Nicholas D'Agostino, Simon Despres, Viktor Ekbom, Alex Grant, Reid McNeill, Brady Lamb, Joe Rogalski, Carl Sneep, Brian Strait, and Alex Velischek.
Goaltenders Patrick Killeen, Mattias Modig, and Brad Thiessen.
This will be a great opportunity to see some of the Penguins top prospects in action before they actually get a chance to compete for NHL roster spots in the team's full training camp in September.
I will be taking in much of the action on and off of the ice and will keep you posted on any developments.


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Instantly search over 85,000+ pages of premium teaching resources.
Home / Teaching Resources / Grade 4 / Standards for Mathematical Practice / Measurement & Data / Geometric measurement: understand concepts of angle and measure angles / CCSS.MATH.CONTENT.4.MD.C.5 / CCSS.MATH.CONTENT.4.MD.C.5.B
An angle that turns through n one-degree angles is said to have an angle measure of n degrees. (View this topic on www.corestandards.org )


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The "broken window theory" is a social science or criminology theory that essentially states maintaining physical urban settings in good order will stop vandalism before it occurs. When Rudy Guiliani became mayor of New York, he and his police commissioner became well known for implementing the broken window theory; their thinking was if they prosecuted small crimes, like the breaking of windows, they would prevent larger crimes from occurring.
I know I'm not the first to write about how this theory can apply to ethics and compliance. It's easy to see how showing non-tolerance for "small" ethics or compliance violations can prevent employees from even considering larger instances of full-blown misconduct.
I read a fascinating Harvard Business Review blog titled "How Unethical Behavior Becomes Habit." This is one of those things that has always seemed intuitive – at least to me – but it's nice to have some empirical data to prove it.
Madoff, Enron and a History of Bad Habits
The blog notes that Bernie Madoff, referring to someone else who had been arrested on embezzlement charges, once said to his secretary "well, you know what happens is, it starts out with you taking a little bit, maybe a few hundred, a few thousand…You get comfortable with that, and before you know it, it snowballs into something big."
Of course, who would know more about that than Bernie Madoff? But he is not the only one. The collapse of Enron, the billions in rogue trading losses at UBS, and many other corporate misconduct scandals all followed a similar pattern to what Madoff referred to in that quote. These were not the result of one, huge bad deed. They were built up over many months and years, and constructed of many smaller instances of unethical conduct that escalated into larger and larger misdeeds. In other words, the ethical behavior of those involved eroded over time. This behavior became habitual.
This, to me, shows why the broken window theory is so valuable. We now have empirical proof showing that ethical behavior erodes over time and that misconduct becomes habit. So if you stop those small violations in the beginning, you can prevent that habit from forming. Your policy and compliance training should make it clear to employees that even small infractions are not tolerated.
How Do Unethical Habits Form?
How does this habit form? As the author of the Harvard Business Review blog notes, while few of us will ever commit crimes on the scale of Bernie Madoff (thank goodness), we all are vulnerable to the same slippery slope. People often begin with small indiscretions such as taking home office supplies, exaggerating expense statements, or miscategorizing a personal meal in a restaurant as business-related. Those things don't "feel" like misconduct; they don't seem like "big deals," but they are.
The Harvard researchers found that people will rationalize their unethical conduct more when they are presented with growing opportunities over time versus an abrupt opportunity. There is a desensitizing effect over time. The researchers found that when people were given a series of problem-solving tasks, 50% of the subjects cheated to earn $.25 per problem in the first round, and 60% cheated to earn $2.50 per problem in the final round. However, the people in the abrupt change group who could not cheat during the first two rounds were much less willing to cheat big for $2.50 per problem during the final round (only about 30% did).
Rationalizing minor ethical lapses inevitably influences how employees view progressively worse behaviors and may lead them to commit bigger offenses that they perhaps would not have considered. Additionally, and perhaps even more frighteningly, the researchers discovered that people are more likely to overlook the unethical behavior of others when it deteriorates gradually over time. For example, one researcher found that people who played the role of auditors in a simulated auditing task were far less likely to report those who gradually inflated their numbers over time than those who made more abrupt changes all at once, despite the fact that the level of inflation was eventually the same.
The author of the HBR blog noted: Unfortunately, the assumption that unethical workplace behavior is the product of a few bad apples has blinded many organizations to the fact that we all can be negatively influenced by situational forces, even when we care a great deal about honesty. This is why the broken window theory can be so helpful; it can be applied broadly and can help your entire employee population from forming bad habits.
Nudging Habits: Building a Habit of Ethical Behavior
Think of your AB1825 training, your antitrust training and your compliance policy certifications, just to name a few, as ways to prevent broken windows. Make it clear in your AB1825 training that your company will not tolerate even one single incident of perceived sexual harassment, no matter how innocent or nuanced, and that will help prevent full blown sexual harassment incidents and lawsuits. And then, when the time comes, walk the talk and actually investigate and take action against an offending individual.
My colleague Jillian blogged recently about the concept of "nudging" and the HBR blog mentions it as well. In fact they mention that in a study conducted with a major U.S. insurance company, the researchers found that customers who signed the statement "I promise that the information I am providing is true" prior to reporting their annual mileage, at the top of the page, were significantly more honest in their reporting compared to those who reported first and signed at the bottom of the page.
That's an excellent example of nudging but you can use that to prevent broken windows. Ask your employees to certify to compliance policies and to attest to your Code of Conduct annually.
The blog author notes that in a different study, the researchers found that even subconsciously exposing people to ethical content increased their moral awareness and prompted more ethical decisions, so perhaps ethical conduct can become habit as well.
One of the most detrimental things a company can do is have a culture where standards are unclear or unenforced. Employees must know what is expected of them and what consequences will ensue if they don't live up to those standards. Use a mix of methods that are very clear (broken windows) and more subtle (nudging) to prevent employees from taking the first step on that slippery slope, and developing the ugly habit of unethical behavior.
For More Information About Ethics and Compliance Training, Check Out These Resources:
- Blog: AB1825 Training In 2015: "Nudging" Employees To Do The Right Thing
- Blog: How To Identify The 14 Red Flags Of Ethical Misconduct & Mitigate Them With Your Compliance Training Program: Part 2
- On- Demand Webinar: The 4 Lever Formula: Elevating Your Compliance Training Effectiveness
2014 Corporate Governance and Compliance Hotline Benchmarking Report
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March 7, 2008
FARM FAMILY CASUALTY INSURANCE COMPANY, PLAINTIFF-APPELLANT/CROSS-RESPONDENT,v.KENNARD G. BUDD, PAULA N. BUDD, DEFENDANTS-RESPONDENTS/CROSS-APPELLANT, AND HEIDI J. GROVATT, INDIVIDUALLY AND AS ADMINISTRATOR AS PROSEQUENDUM FOR THE ESTATE OF CHARLES B. GROVATT, DEFENDANT.
On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Docket No. L-3057-04.
Argued January 23, 2008
Before Judges Winkelstein, Yannotti and LeWinn.
Farm Family Casualty Insurance Company (Farm Family) appeals from orders entered on January 30, 2007, which denied Farm Family's motion for a declaratory judgment; granted a cross-motion for summary judgment by Kennard G. Budd and Paula N. Budd (the Budds); and ordered Farm Family to pay the legal expenses and litigation costs incurred by the Budds in defending certain claims asserted against them by Heidi J. Grovatt and the Estate of Charles B. Grovatt, as well as a portion of the amount paid by the Budds to settle certain of those claims. The Budds cross-appeal from the provisions of one of the January 30, 2007 orders awarding them monetary relief. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.
This dispute arose from the following facts. Mr. Grovatt was the owner of certain residential properties located at 21 and 23 Ed Brown's Meadow in Lumberton, New Jersey. In 1978, Mr. Grovatt rented the property at 21 Ed Brown's Meadow to the Budds. In 1981, Mrs. Budd's mother purchased the property and, in turn, sold it to the Budds. In January 2001, the Budds learned that the artesian well on their property was providing water to the residence at 23 Ed Brown's Meadow, which Mr. Grovatt had rented to Mark Carter.
By letter dated September 13, 2001, Robert J. Incollingo, the Budds' attorney, notified Mr. Carter that the Budds intended to cut off the water supply to the Carter residence within ten days of the date of the letter. Mr. Grovatt complained to the Burlington County Health Department (BCHD), which advised Mr. Incollingo that terminating the water supply may be in violation of various ordinances. Thereafter, the Budds and the Grovatts agreed that Mr. Grovatt would have until November 13, 2001 to obtain an alternative water supply for the residence at 23 Ed Brown's Meadow.
On November 13, 2001, at approximately 8:53 a.m., the Grovatts filed a verified complaint against the Budds in the Chancery Division. They alleged that the well had been in existence since 1955 and thereafter continuously supplied water to both the Budd and Grovatt properties. The Grovatts alleged that, in light of these circumstances, it would be inequitable to permit the Budds to terminate the water supply to the Grovatts' property. The Grovatts further alleged that "the permissive use of water" over the years had "created an implied easement for [the Grovatts'] pipe and its access to the [w]ell."
The Grovatts sought a judgment enjoining the Budds from terminating the water supply to the property at 23 Ed Brown's Meadow Lane; ordering that the water supply continue in an uninterrupted fashion; and awarding reasonable attorney's fees and costs.
On November 13, 2001, the judge entered an order to show cause with temporary restraints, enjoining the Budds from "shutting off or otherwise preventing [the Grovatts] from utilizing the well in question existing on [the Budds'] property[.]" The Grovatts' attorney faxed the order to the Budds' attorney. However, Mr. Budd claimed that he had not been informed of the order, and sometime that day he cut off the water supply to the residence at 23 Ed Brown's Meadow.
On November 28, 2001, the Budds informed Farm Family of the Grovatts' Chancery Division action and made a claim for coverage under their insurance policy. Farm Family sent the Budds a reservation of rights letter dated December 4, 2001, and requested a copy of the Grovatts' complaint. Thereafter, the Budds' attorney furnished Farm Family with a copy of the complaint.
Because the water supply had been cut off, the Grovatts sought further relief from the court. On December 21, 2001, the judge conducted a hearing and directed the Budds to permit Mr. Grovatt and a licensed professional to enter upon their property so that they could reconnect the well to the Grovatt's property. It appears that when Mr. Grovatt and the professional entered the Budds' property, Mr. Budd called the police and had them removed. The judge entered an order on January 2, 2002, which directed the Budds to immediately make the well on their property available to the Grovatts. On February 27, 2002, Farm Family sent the Budds a letter denying coverage.
Carter and his family moved from the residence at 23 Ed Brown's Meadow in February 2002. On September 6, 2002, the dwelling was completely destroyed by fire. In addition, on November 21, 2002, Mr. Grovatt died of idiopathic pulmonary fibrosis. By order dated March 6, 2003, the Chancery Division transferred the matter to the Law Division for resolution.
On September 9, 2003, Mrs. Grovatt, individually and as administrator of Mr. Grovatt's estate, filed another action against the Budds in the Law Division. In this action, Mrs. Grovatt alleged that, when Mr. Grovatt sold the property to Mrs. Budd's mother, he retained a fifty-per-cent ownership of the well for his permanent use. Mrs. Grovatt claimed that this action gave rise to an implied easement for the pipe that provided the Grovatts access to the well. Mrs. Grovatt further alleged that Mr. Grovatt and Mrs. Budd's mother had an agreement that granted the Grovatts the right to use the well until Mr. Grovatt died but this agreement had not been attached to the deed. Mrs. Grovatt claimed that the Budds violated the agreement when they cut off the water supply to the Grovatts' property.
Mrs. Grovatt alleged that as a result of the Budds' cutting off the water supply to their property, the Grovatts lost rental income which in turn caused them "serious" financial problems. Mrs. Grovatt asserted that the Budds' "unlawful and intentional bad acts" caused the Grovatts to suffer emotional distress, physical and mental illness, and serious bodily injury. She further alleged that the Budds' "wrongful" actions brought about Mr. Grovatt's death from cardiac illness due to the stress.
In the complaint, Mrs. Grovatt asserted claims for negligence; breach of contract; quantum meruit and unjust enrichment; breach of express and implied warranties; breach of the implied covenant of good faith and fair dealing; fraud; intentional and/or negligent misrepresentation; intentional infliction of emotional distress; intentional and malicious destruction of property; conversion; intentional and unlawful interference with business opportunity, economic advantage, or contractual rights; malicious prosecution; abuse of process; and harassment. Mrs. Grovatt sought compensatory damages, attorney's fees, expert witness fees, costs of suit, interest, punitive damages, and all other relief and damages that are recoverable by law.
The Budds furnished Farm Family a copy of the complaint in the newly filed action, and by letter dated February 11, 2004, demanded that Farm Family defend and indemnify them in that case. Farm Family denied coverage.
The Budds moved on February 23, 2004, to dismiss both of the Grovatt actions based on the Entire Controversy Doctrine. They additionally sought dismissal of the wrongful death claim, arguing that Mrs. Grovatt did not have a good faith basis for that claim. On April 20, 2004, the court denied the Budds' motion. On June 30, 2004, the court entered an order consolidating the two lawsuits.
Farm Family filed a declaratory judgment action on November 4, 2004, seeking a determination that it was not required to defend or indemnify the Budds in the Grovatt lawsuits. On April 1, 2005, the court entered an order consolidating the Farm Family action with the underlying actions. On that same day, the court entered an order granting partial summary judgment to the Budds in the Grovatt action, dismissing with prejudice all claims asserted by the Grovatts with the exception of the claim based on an implied easement. The trial on the remaining claim commenced on May 23, 2005. After a mistrial was declared, the parties reached a settlement, which required the Budds to pay $17,500 to the Grovatt Estate.
In April 2006, Farm Family filed a motion for summary judgment. The Budds cross-moved for summary judgment, seeking reimbursement of the $135,476.98 that they paid in attorneys' fees and costs in defending and settling the Grovatts' lawsuits. The judge heard oral argument on the motions on June 9, 2006, June 23, 2006, October 31, 2006, and January 4, 2007.
The judge found that the Budds were not entitled to coverage in the case initiated in the Chancery Division and later transferred to the Law Division because in that action, the Grovatts did not make a claim for damages. The judge also determined that the Budds were entitled to coverage under the policy for the implied easement claim. The judge further found that coverage was not barred under the policy's provision excluding coverage for damages arising from the intentional acts of the insured.
The judge determined that there was insufficient evidence to show that Mr. Budd intended to cause harm by cutting off the water to the Grovatts' property. Accordingly, the judge found that the Budds were entitled to reimbursement of the attorneys' fees and litigation costs that they incurred in the period from February 11, 2004 through May 30, 2005, subject to an assessment of the reasonableness and fairness of the fees and costs.
The judge entered orders on January 30, 2007, which required Farm Family to reimburse the Budds for attorneys' fees and litigation costs in the amount of $48,469.54. Farm Family also was ordered to pay the Budds $5,594.63, of which $5,500 represented partial reimbursement of the $17,500 paid in settlement of the Grovatts' actions, plus pre-judgment interest of $94.63. The judge entered another order on April 16, 2007, which stayed enforcement of the judgments and reduced Farm Family's obligation to pay the Budds' counsel fees and costs to $42,874.91.
In its appeal, Farm Family contends that the claims asserted by Mrs. Grovatt are not covered by the Budds' policy and therefore the judge erred by finding that it was obligated to defend and indemnify the Budds in the underlying lawsuit.
In reviewing an order granting summary judgment, we apply the same standards that are applied by the trial court. Prudential Prop. Ins. v. Boylan, 307 N.J. Super. 162, 167 (App. Div.), certif. denied, 154 N.J. 608 (1998). Summary judgment may issue when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. R. 4:46-2(c). In determining whether a genuine issue of material fact exists, the court must determine "whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Therefore, we must determine whether the judge correctly found that there were no material issues of fact, and that the Budds were entitled to judgment as a matter of law.
The duty of an insurer to defend arises "'when the complaint states a claim constituting a risk insured against.'" Voorhees v. Preferred Mutual Ins. Co., 128 N.J. 165, 173 (1992) (quoting Danek v. Hommer, 28 N.J. Super. 68, 77 (App. Div. 1953), aff'd o.b., 15 N.J. 573 (1954)). We compare "the allegations in the complaint with the language of the policy." Ibid. "When the two correspond, the duty to defend arises, irrespective of the claim's actual merit." Ibid. (citing Danek, supra, 28 N.J. Super. at 76-77). Furthermore, when a complaint includes multiple causes of action, "the duty to defend will continue until every covered claim is eliminated." Id. at 174 (citing Mt. Hope Inn v. Travelers Indem. Co., 157 N.J. Super. 431, 440-41 (Law Div. 1978)).
Furthermore, in considering whether claims are covered under an insurance policy, we must interpret the policy language "according to its plain and ordinary meaning." Voorhees, supra, 128 N.J. at 175 (citing Longobardi v. Chubb Ins. Co., 121 N.J. 530, 537 (1990)). If there is any ambiguity in the policy, it must be resolved in favor of the insured, and in accord with the insured's "objectively-reasonable expectations." Ibid. (citing DiOrio v. N.J. Mfrs. Ins. Co., 79 N.J. 257, 269 (1979)). "Moreover, if an insured's 'reasonable expectations' contravene the plain meaning of a policy, even its plain meaning can be overcome." Ibid. (citing Werner Indus. v. First State Ins. Co., 112 N.J. 30, 35-36 (1988)).
Here, Farm Family issued to the Budds a "Special Farm Package" for the period from April 27, 2001 to April 27, 2002. The policy states in pertinent part that coverage will be provided "if a claim is made[,] or a suit is brought[,] against an INSURED for damages because of BODILY INJURY or PROPERTY DAMAGE that is caused by an OCCURRENCE to which coverage applies." The policy defines "bodily injury" to mean "bodily harm, sickness or disease to a person including required care, loss of services and death resulting therefrom." The term "property damage" is defined as "physical injury to or destruction of tangible property, including the loss of use of this property." In addition, the policy defines "occurrence" to mean "an accident."
Farm Family contends that there is no coverage under its policy for the claims asserted by Mrs. Grovatt in the second lawsuit. However, the complaint in that action included claims for "bodily injury" and "property damage" as those terms are defined in the policy. The complaint included a claim for Mr. Grovatt's wrongful death. This is undoubtedly a claim for "bodily injury" under the policy. Furthermore, Mrs. Grovatt asserted an assortment of claims based on the alleged wrongful termination of the water supply to the Grovatts' rental property. The policy defines "property damage" to include physical injury to tangible property, "including the loss of use of this property." The lack of water may cause injury to tangible property, and the Grovatts' claim arising from the "loss of use" of water from the Budds' well is a claim for "property damage" under the policy.
Farm Family nevertheless argues that Mrs. Grovatt's claims are essentially claims for breach of a contract that are not covered by the policy. In support of this argument, Farm Family relies upon the exclusion under the policy of claims for "bodily injury" or "property damage" that are "assumed" by an insured "under any contract or agreement." However, the policy states that this exclusion does not apply to "bodily injury" or "property damage" assumed under a "covered contract." The policy defines "covered contract" to include "an easement or license agreement[.]" We must interpret the exclusion in light of its ordinary and plain meaning. Voorhees, supra, 128 N.J. at 175. Accordingly, Mrs. Grovatt's claims for "bodily injury" and "property damage" are not excluded under this provision of the policy.
We therefore conclude that the complaint filed in the second action includes claims for "bodily injury" and "property damage" as those terms are defined in the policy, and the claims are not excluded under the provision of the policy that bars coverage for claims assumed under certain contracts.
We turn to Farm Family's contention that Mrs. Grovatt's claims for "bodily injury" and "property damage" are not covered because these claims do not arise from an "occurrence," which is defined in the policy to mean "an accident." Farm Family alternatively argues that the claims are not covered because the policy excludes coverage for claims that result from the intentional acts of an insured.
Like the policy at issue here, the policy in the Voorhees case defined the term "occurrence" as "an accident." Voorhees, supra, 128 N.J. at 180. There, our Supreme Court stated that, when a policy limits coverage to claims arising from an "accident," the general rule is that "coverage exists for the unintended results of an intentional act, but not for damages assessed because of an injury which was intended to be inflicted." Id. at 182. The Court added that, "the accidental nature of an occurrence is determined by analyzing whether the alleged wrongdoer intended or expected to cause an injury. If not, then the resulting injury is 'accidental,' even if the act that caused the injury was intentional." Id. at 183. In the absence of exceptional circumstances that objectively establish that the insured intended to injure, a court will look to the subjective intent of the insured to determine intent to injure. Id. at 185.
In this matter, the trial court held that the evidence did not establish that Mr. Budd intended to cause injury when he cut off the water supply to the Grovatts' property. In the court's view, the critical fact was whether, at the time Mr. Budd severed the water line, he was aware that the court had issued an order enjoining him from doing so. At the hearing on June 6, 2006, the judge stated:
Because, to me, the linchpin on intention in this case is, what were Budd's rights at the time he cut the water? If he didn't know about the order saying you can't cut the water, his rights were governed, in his mind, by the contract, which he had every right to cut the water. And he had every right to assume at that point, not hearing from Grovatt, that Grovatt had made alternative methods to deliver water to the Grovatt property.
If he did know about the order, or if he even knew about the application, which he probably didn't because it's ex parte, from what you're saying. Then if he knew about the order, he's going to lose, because he did it in contravention of an order.
If he knew about the application, I'm going to let a fact finder decide whether or not knowing about the potential application you don't wait for the result, you cut it.
The judge adjourned the matter so that he could review the evidence concerning the time in which Mr. Budd received notice of the court's order.
Following oral argument on June 23, 2006, the judge found that because Mr. Budd's counsel did not have notice of the order until after the water line had been severed, Mr. Budd could not have known about the order when he cut off the water. The judge additionally found that in these circumstances Mr. Budd could not have intended to cause harm because he had a contractual right to cut off the water to the Grovatts' property. The judge stated that "you can't get to the intent to injure part of [the] policy if [Mr. Budd] has a right to do it. He had a right to do it. It was a negotiated right."
We are convinced, however, that there is a genuine issue of material fact as to whether Mr. Budd intended to cause injury to the Grovatts by severing the water line. We note that, on this issue, the evidence must be viewed in a light most favorable to Farm Family, which was the party opposing the Budds' motion for summary judgment. Brill, supra, 142 N.J. at 540. Moreover, Farm Family was entitled to the benefit of all favorable inferences that could legitimately be drawn from the evidential materials. Ibid.
We disagree with the judge's conclusion that because Mr. Budd may have had a contractual right to cut the water line, he could not have intended to harm the Grovatts by doing so. The agreement contemplated that the Grovatts would obtain an alternate source of water for the rental property. It is undisputed that the Grovatts failed to do so by November 13, 2001, the deadline established by the agreement. The judge suggested that Mr. Budd could have assumed that Mr. Grovatt had obtained another source of water but, in view of the proximity of the properties, an inference could legitimately be drawn that Mr. Budd was well aware that the property would be without water and therefore uninhabitable if he shut off the water from his well.
Moreover, an inference of an intent to harm could be drawn from Mr. Budd's own statements. In a certification dated November 20, 2001, which was submitted in opposition to the Grovatts' application for a preliminary restraining order, Mr. Budd made clear that he was not pleased with the Grovatts or their tenants. Mr. Budd stated that the since the tenants moved into the residence at 23 Ed Brown's Meadow, his life and that of his wife "ha[d] turned into living hell."
Mr. Budd added that the tenants were "constantly yell[ing], hooting, [and] screaming[.]" He asserted that possibly as many as twelve adults and about nine children were living on the premises. He stated that the tenants had allowed dogs to bark incessantly; ran trucks and equipment at all hours; and "blasted" the car radio amplifier.
Mr. Budd commented, "[o]ur peace, quiet and comfort has been totally taken away from us. We no longer have a happy . . . home." He said that he and his wife had been "under constant stress and fatigue." Mr. Budd said that the tenant's behavior was abusive and he suggested they may be using and selling drugs on the property. Mr. Budd also stated that the tenants "tried to flood [him] out of [his] house by running the water from a hose all day long in [his] yard."
At the trial of the underlying action, Mr. Budd admitted that he knew that cutting off the water to Grovatts' tenants would render the home uninhabitable. He stated that the tenants had an excessive amount of traffic. They had yelled obscenities at his wife on four occasions and the police had been called. He additionally testified concerning the tenants' "derelict cars, trucks, recreational vehicles and piles of rat infested debris on [the tenant's] land."
In our view, this evidence raises a genuine issue of material fact as to whether Mr. Budd intended to injure the Grovatts by severing the water line to their property. We are convinced that the judge erred by deciding this issue as a matter of law. Suffice it to say, the evidence on this fact issue was not so "'one-sided'" that it could be resolved as a matter of law. Brill, supra, 142 N.J. at 540 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 2512, 91 L.Ed. 2d 202, 214 (1986)).
Therefore, we reverse the orders granting summary judgment and awarding monetary relief to the Budds. We remand for further proceedings on the issue of whether the claims for "bodily injury" and "property damage" asserted by Mrs. Grovatt in the second lawsuit arose from an "accident" or "intentional act" of the insured.
In their cross-appeal, the Budds argue that the trial judge erred by: denying reimbursement for the fees and costs incurred in the Chancery Division action; holding that no fees or costs would be awarded for any work done prior to February 11, 2004; and determining that no fees or costs would be incurred for Mr. Incollingo's work.
Here, the trial court determined that the Budds were not entitled to coverage for the claims initially asserted in the Chancery Division action because they were essentially claims for equitable relief, not claims for damages. In our view, that determination was correct. By its plain and unambiguous terms, the policy only provides coverage for claims for "damages." Because the Grovatts did not seek "damages" in the complaint filed in the Chancery Division action, the claims were not covered by the policy. Therefore, the Budds were not entitled to reimbursement for the attorneys' fees and costs incurred to defend against those claims.
In addition, both parties raise issues that pertain to the amount of reimbursement awarded to the Budds. Farm Family argues that the trial court erred in awarding pre-judgment interest; and in determining the hourly rate for the Budd's counsel. The Budds argue that the court erred by denying reimbursement for work done after May 30, 2005, when the trial in the underlying action was concluded; and by ordering only partial reimbursement for the amount paid by the Budds to settle the case. In view of our determination that summary judgment should not have been granted to the Budds, we need not address these issues.
Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction.
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