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Value-oriented investors must train themselves to recognize undervalued businesses even when the business does not appear on the surface to be cheap. Business valuation is much more about what a business can and will accomplish in the future as it is about what they have accomplished in the past. Investment risk comes into play due to the fact that nobody can truly predict the future with absolute certainty.
Even though there are no guarantees regarding the future share price of any business, we can certainly mitigate our risk through effective due diligence. A significant part of the due diligence process is to ensure that less than obvious opportunities are not overlooked due to our preconceived perceptions regarding fair value calculations. Part of that due diligence requires that we consider our expected rate of return on our investment capital rather than just simply looking at the current valuations. In other words, we must be cognizant of the fact that high growth expectations can justify above average current valuations and still qualify for the portfolio of a serious value investor.
How Does A Business Justify Premium Pricing?
There are certain characteristics that endow a business with inherent value. One of those traits is being able to provide its clients with a product or service that is necessary to their business operations and difficult to remove once it becomes embedded. This gives them the ability to keep constant upward pressure on prices without losing existing customers. If the products and services fall within an area that requires sophisticated technical expertise in which to operate, it becomes even easier to assign a premium value.
Investors who take the time today to acquaint themselves with the business fundamentals and characteristics of Cognizant Technology Solutions (NASDAQ:CTSH) will be in a position to enter into an investment that should reward them with 15% to 20% annual gains for the foreseeable future. They will also quickly come to realize that what, on the surface might appear to be a high-priced growth stock with the normal risks associated with such an investment is really more of a value investment that simply has and will continue to grow at a very rapid pace.
What Makes Cognizant Special And Why Now?
Cognizant Solutions is an IT consulting and outsourcing firm that assists its clients in improving the effectiveness and efficiency of their business operations. The business operates across four distinct areas of specialized expertise in the areas of financial services, healthcare, manufacturing and retail and logistics. Providing vital IT maintenance and solutions to businesses with complex needs from the IT functions places Cognizant in a very unique position within the day-to-day functionality of its clients' business operations and in a position where it is very difficult to change suppliers without serious disruption to the flow of normal activities. In layman's terms, once Cognizant embeds itself into its clients' business operations, it becomes horribly expensive to change service providers. As long as they do their job, there is little reason for a customer to change and big reasons not to even consider it.
Businesses like Cognizant can leverage their unique value by offering an ever expanding line of products and services to its customers who, in many cases are completely dependent upon reliance on the recommendations from the supplier when it comes to deciding what they actually need and the benefits it will provide. This is exactly the kind of repetitive and almost addictive products that investors should dream about finding a business supplying. The more their customers consume, the more they need.
Why does the opportunity exist now? At first glance, Cognizant does not appear to be priced cheaply. It is currently trading at 20.51 times estimated 2014 earnings and 20 times free cash flow. These are not bargain basement type numbers that value investors tend to seek, or are they? Maybe not if you are simply looking at the present. But, if you take the time to look forward while considering the business model, then you will see the real value in this business at today's price.
First of all, the company has $5.836 billion in cash and receivables on its books and just $1.656 billion of total liabilities leaving net cash after all liabilities of almost $7/share or 13% of the market value of the entire business.
Against 2015 consensus earnings, the company's P/E ratio shrinks to a 17.4 times multiple. With a projected 5-year annual earnings growth rate of 17.4%, the business is actually trading at a multiple of only 1 times the expected annual growth rate. But, we must decide if the growth rate is realistic. The best source available for that evaluation is what the business has accomplished recently. Since the past 10 years includes some of the worst business conditions since the Great Depression as part of the period, the past might give us a fair view of what to expect in the future.
Over the past 5 years, Cognizant has delivered average annual returns on equity, assets and capital of 23.3%, 17.8% and 23.3% respectively. One of my calculations for establishing an estimated fair value of a business is to average these three numbers and multiply the result by the current year's projected earnings figure. The resulting average of these three measures of performance is 21.467 and, if multiplied by the current year's projected earnings of $2.41 produces a current fair value estimate of $51.73/share with an increase to $59.25/share within the next 12 months. This represents an expected return of 19.8% from the current price of $49.44.
However, long-term investors need to look further out than just 12 months to assess the real potential of a business. Analysts covering the stock currently project it to expand earnings at the rate of 17.4%/year for the next 5 years. I completely understand those who will believe these estimates are on the optimistic side. I thought the same thing until I realized that between 2004 and 2013 the company increased its sales from $586.67 million to an astounding $8.84 billion and per share earnings from a paltry $0.18/share to $2.05/share with a projection to grow another 18% this year. Considering the past history of performance, 17% a year going forward suddenly looks much more believable.
Accept Value Where We Find It And Act
Value does not always have to be a stock that looks cheap by my traditional valuation measures. Good investments are made by selecting those stocks that are cheap compared to the realistic future expectations of the business. Stocks with the past history and future prospects of a business like Cognizant can easily be valued at twice the expected growth rate multiplied by the current year earnings. It is quite unusual to find one trading at a multiple of 1. When the projected growth rate is 17%/year and all that is required to collect that level of return on capital is to maintain the current and fair multiple, investors who can set aside preconceived notions of "value" and act will collect excessive returns even without improving valuations.
As I always prefer having multiple attractive ways to open new positions, I am pleased that Cognizant offers that opportunity as well. For those who prefer the traditional approach of buy and hold, shares can be purchased at the market today and held until the market assigns a P/E multiple to the shares of 24 or greater.
Investors who simply insist on getting discount prices for everything they buy can sell (1) August 16, 2014, $47.50 strike price put option for each 100 shares they wish to purchase and collect a premium of about $0.75/share or 1.5% of the capital required to purchase the shares. This represents an annualized return on total capital of 20.49% and would require the seller to purchase 100 shares of the stock for each option sold at a price of $47.50 each or $4,750 per contract sold. Should the seller be assigned the shares on August 16th, the purchase price would represent a discount of 3.9% to the current market price.
Investors who find the current price compelling and wish to buy now; but, who would also like something a little extra thrown in, can consider buying the shares outright and simultaneously selling (1) August 16, 2014 expiration call options with a strike price of $52.50 for each 100 shares of the stock that were purchased for a premium of about $0.45/share. The sale of these options would result in an immediate return on capital of 0.91% for an annualized rate of return equal to 12.3%. Should the shares rise to a level above $52.50 by August 16th, the stock would be called away by the option buyer and the seller would achieve an additional $3.06/share (6%) in short-term capital gains. This scenario would produce a total gain of $3.06 + $0.45 or $3.51 against the $49.44 purchase price of the stock for a total gain of 7.099% over the 27 days covered by the trade for an annualized return on capital allocated equal to 95.9%.
So, we have an excellent business with a great history of superior results. We have an attractive valuation based on present facts and future prospects and three superb ways to open a new position. Is there anything else needed in order to motivate investors to take action now? There shouldn't be.
Disclosure: The author has no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours. The author wrote this article themselves, and it expresses their own opinions. The author is not receiving compensation for it (other than from Seeking Alpha). The author has no business relationship with any company whose stock is mentioned in this article.


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- Apr 1, 2015 2015-04-01 19:26:32
- Orlando, FL

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August 16, 2010
WILLIAM CAROSELLI, SR. PLAINTIFF,v.ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY DEFENDANTS.
William Caroselli, Sr. sued Allstate Property and Casualty Insurance Company ("Allstate"), on behalf of himself and others, for Allstate's failure to pay full benefits he asserts he is entitled to under his homeowner's policy with Allstate.Allstate contends, in its motion to dismiss presently before the Court, that pursuant to the unambiguous language of Caroselli's insurance policy, it paid to Caroselli all of the money he was owed as a result of his loss. The Court agrees with Allstate and therefore grants its motion to dismiss the Complaint.
Allstate issued homeowners policy number 9 28 225229 12/30 to William Caroselli, Sr., with a policy period running from December 30, 2008, with no fixed date of expiration. The policy insured Caroselli's property at 407 Beech Street in Boothwyn, Pennsylvania. (Compl. ¶ 12; Def's Mot. to Dismiss Ex. A [Policy] at 1.) Allstate agreed to cover "sudden and accidental direct physical loss to property" described in the dwelling protection section. (Policy at 7.) The Policy limited liability for Caroselli's dwelling to $253,479. (Id. at 2.) The Policy includes an "Important Notice" that states the following:
Allstate has determined that the estimated cost to replace your home is: $253,479 The enclosed Policy Declarations shows the limit of liability applicable to Coverage A -- Dwelling Protection of your homeowners insurance policy. The estimated replacement cost of your home is the minimum amount for which we will insure your home.
The decision regarding the limit applicable to your Coverage A --
Dwelling Protection is your decision to make, as long as, at a minimum, your limit equals the estimated replacement cost as determined by Allstate and does not exceed maximum coverage limitations established by Allstate.
It is important to keep in mind that your Coverage A limits reflect a replacement cost that is only an estimate based on data that was available to us when we made this estimate (this data is described further below). The actual amount it will cost to replace your home cannot be known until after a covered total loss has occurred. (Id. at 4.) The Policy explains how Allstate will pay for a loss covered by the dwelling protection provision, as follows:
b) Actual Cash Value. If you do not repair or replace the damaged, destroyed or stolen property, payment will be on an actual cash value basis. This means there may be a deduction for depreciation. Payment will not exceed the Limit Of Liability shown on the Policy Declarations for the coverage that applies to the damaged, destroyed or stolen property, regardless of the number of items involved in the loss. You may make claim for additional payment as described in paragraph c) and paragraph d) below if applicable, if you repair or replace the damaged, destroyed or stolen covered property within 180 days of the actual cash value payment.
c) Building Structure Reimbursement. Under Coverage A -- Dwelling Protection... we will make additional payment to reimburse you for cost in excess of actual cash value if you repair, rebuild or replace damaged, destroyed or stolen covered property within 180 days of the actual cash value payment.
Building Structure Reimbursement will not exceed the smallest of the following amounts:
1) the replacement cost of the part(s) of the building structure(s) for equivalent construction for similar use on the same residence premises;
2) the amount actually and necessarily spent to repair or replace the damaged building structure(s) with equivalent construction for similar use on the same residence premises; or
3) the Limit of Liability applicable to the building structure(s) as shown on the Policy Declarations for Coverage A -- Dwelling... regardless of the number of building structures and structures other than building structures involved in the loss.
(Id. at 17-18.) Caroselli also purchased a Building Structure Reimbursement Extended Limits Endorsement - APC198 which changed certain terms of the Policy. The endorsement altered the Policy provision entitled "How We Pay For A Loss." Specifically, the endorsement alters item three of the second paragraph of that provision to read:
3) 120% of the limit of liability applicable to the building structure(s) as shown on the Policy Declarations for Coverage A -- Dwelling Protection... regardless of the number of building structures and structures other than building structures involved in the loss.
(Policy at Endorsement -- APC198.)The endorsement continues:
This endorsement applies only if, at the time of a covered loss, you have met the following conditions:
1) Youinsureyour dwelling, attached structures and detached building structures to 100% of replacement cost as determined by our estimate completed and based on the accuracy of information you furnished;
2) You have accepted the Property Insurance Adjustment Condition, agree to accept each annual adjustment in the Coverage A -- Dwelling Protection limit of liability, and pay any additional premium charged; and
3) Younotifyuswithin 60 days of the start of any modifications that increase the aggregate value of your dwelling, attached structures and detached building structures at the residence premises by $5,000 or more, and pay any resulting additional premium due for the increase in value.
If, at the time of a covered loss, you fail to meet any of the conditions in 1), 2), or 3) above, then in Section I -- Conditions, item 5., How We Pay For A Loss, under c), Building Structure Reimbursement, item 3) remains:
3) the Limit of Liability applicable to the building structure(s) as shown on the Policy Declarations for Coverage A -- Dwelling Protection or Coverage B -- Other Structures Protection, regardless of the number of building structures and structures other than building structures involved in the loss.
All other policy terms and conditions apply. (Id.) On or about June 28, 2009, Caroselli's home was destroyed in a fire. (Compl. ¶ 15.) Allstate determined that the building replacement cost for the home was $304,174.80 and that the claim was subject to a "recoverable depreciation" of $19,422.78, resulting in a net actual cash value loss of $284,752.02. (Id. ¶ 17.) Caroselli sought $284,752.02, claiming the Policy's Endorsement increased Allstate's liability limit to $304,174.80. (Id. ¶ 18.) Allstate paid to Caroselli the stated policy limit of $253,479, but refused to pay the additional money Caroselli claims it owed under the terms of the endorsement. (Id. ¶ 19.) Plaintiff asserts that Allstate will not pay out benefits under the endorsement unless he repairs, rebuilds, or replaces the dwelling within 180 days of the actual cash value payment. (Id. ¶ 20.) According to Plaintiff, Allstate's stance is contrary to the clear language of the Policy and has prevented him from rebuilding his home. (Id. ¶ 21.)
Plaintiff's Complaint contains a breach of contract claim, a statutory bad faith claim, and a Pennsylvania Unfair Trade Practices and Consumer Protect Law (UTPCPL) claim. The Complaint is brought as a Class Action on behalf of:
All homeowners insured under policies issued by Allstate Property and Casualty Insurance Company or other companies issuing policies of homeowners' insurance under the designation "ALLSTATE" which were in effect on or after February 14, 2004 who have submitted claims for property damage to their homes as a result of an occurrence as defined under the policies of insurance issued by ALLSTATE which have taken place on or after February 14, 2004, wherein ALLSTATE has refused to pay benefits pursuant to its Building Structure Reimbursement Extended Limits Endorsement - APC198 for an actual cash value claim in excess of the stated policy limit until actual replacement or rebuilding has occurred. (Compl. ¶ 6.)
In reviewing a motion to dismiss for failure to state a claim, a district court must accept as true all well-pleaded allegations and draw all reasonable inferences in favor of the non-moving party. See Bd. of Trs. of Bricklayers and Allied Craftsman Local 6 of N.J. Welfare Fund v. Wettlin Assocs., Inc., 237 F.3d 270, 272 (3d Cir. 2001). A court should accept the complaint's allegations as true, read those allegations in the light most favorable to the plaintiff, and determine whether a reasonable reading indicates that relief may be warranted. Umland v. PLANCO Fin. Servs., Inc., 542 F.3d 59, 64 (3d Cir. 2008). A court need not credit "bald assertions" or "legal conclusions" when deciding a motion to dismiss. Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997); see also Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009).
"Factual allegations [in a complaint] must be enough to raise a right to relief above the speculative level." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). To survive a motion to dismiss, a complaint must include "enough facts to state a claim to relief that is plausible on its face." Iqbal, 129 S.Ct. at 1960. Although the federal rules impose no probability requirement at the pleading stage, a plaintiff must present "enough facts to raise a reasonable expectation that discovery will reveal evidence of the necessary element[s]" of a cause of action. Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S.Ct. at 1949. Simply reciting the elements will not suffice. Id. (concluding that pleading that offers labels and conclusions without further factual enhancement will not survive motion to dismiss); see also Phillips, 515 F.3d at 231.
The Third Circuit Court of Appeals has recently directed district courts to conduct a two-part analysis when faced with a 12(b)(6) motion. First, the legal elements and factual allegations of the claim should be separated, with the well-pleaded facts accepted as true but the legal conclusions disregarded. Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 2009). Second, the court must then make a common sense determination of whether the facts alleged in the complaint are sufficient to show a plausible claim for relief. Id. If the court can only infer the mere possibility of misconduct, the complaint must be dismissed because it has alleged -- but has failed to show -- that the pleader is entitled to relief. Id. at 211.
In considering a motion to dismiss, courts generally consider only the allegations in the complaint, exhibits attached to the complaint, matters of public record, and documents that form the basis of a claim. Lum v. Bank of Am., 361 F.3d 217, 222 n.3 (3d Cir. 2004).
A. Breach of Contract
To properly allege a breach of contract action under Pennsylvania law, a plaintiff must plead:
(1) the existence of a contract, including its essential terms; (2) a breach of a duty imposed by the contract; and (3) resultant damages. CoreStates Bank, N.A. v. Cutillo, 723 A.2d 1053, 1058 (Pa. Super. Ct. 1999). As a general matter, contract interpretation is a matter for a court, not a jury, provided the contract is unambiguous. Am. Eagle Outfitters v. Lyle & Scott, Ltd., 584 F.3d 575, 587 (3d Cir. 2009). The ultimate goal of contract interpretation is to determine the intent of the parties. Id. The court should first turn to the written contract to divine intent. Donegal Mut. Ins. Co. v. Baumhammers, 938 A.2d 286, 290 (Pa. 2007). "When the language of the policy is clear and unambiguous, we must give effect to that language." Kvaerner Metals. Div. of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., 908 A.2d 888, 897 (Pa. 2006). If, however, the policy provision is ambiguous, it is interpreted in favor of the insured. Baumhammers, 938 A.2d at 290. A contract is ambiguous if it is reasonably susceptible to different constructions and capable of being understood in more than one sense. Great Am. Ins. Co. v. Norwin Sch. Dist., 544 F.3d 229, 243 (3d Cir. 2008) (citing Murphy v. Duquesne Univ. of the Holy Ghost, 777 A.2d 418, 429-30 (Pa. 2001)). "In the absence of an ambiguity, the plain meaning of the agreement will be enforced." Id.
Allstate argues that if the policyholder elects not to repair or replace the damaged, destroyed, or stolen property, Allstate will pay for the actual cash value for the claim up to the limit of liability shown on the policy declarations. (Def.'s Mem. of Law in Supp. of Mot. to Dismiss Compl. [Def.'s Mem.] at 7-8.) If, however, the insured repairs or replaces the damage within 180 days of the actual cash value payment, the building structure reimbursement clause kicks in, and Allstate will make an additional payment. However, the building structure reimbursement will not be greater than the smallest of three amounts set forth in the Policy. One of the amounts was the limit of liability stated in the Policy's declarations. However, because the Policy included Endorsement - APC198, he could receive 120% of the limit of liability stated in the Policy's declarations, but only if he undertook to rebuild his home. (Id. at 8-9.)
Caroselli, on the other hand, contends that a fair reading of the Policy with Endorsement -APC198 is that the endorsement expressly increases the stated limit of liability by 20% from $253,479 to $304,174.80. (Pl.'s Statement of Facts and Mem. in Opp'n to Def.'s Mot. to Dismiss Compl. [Pl.'s Mem.] at 3.) Plaintiff notes that the endorsement twice clearly states that it changes the Policy, and the endorsement contains three conditions necessary for it to apply and none of those three conditions requires the home to be rebuilt before the increased limit applies. (Id. at 6.)
The Court agrees with Allstate's straightforward reading of the Policy's clear language. Plaintiff's reading of the contract fails for a number of reasons. First, Plaintiff is correct that the endorsement changes the Policy. Allstate did not hide that fact from the policyholder. But the endorsement clearly indicates that the changes it makes are to the building structure reimbursement provision. It does not follow that it altered other provisions of the Policy. The building structure reimbursement provision, and thus the endorsement, only apply if the insured "repair[s], rebuild[s] or replace[s] damaged, destroyed or stolen covered property within 180 days of the actual cash value payment." (Policy at 17-18.) An insured who does not rebuild can only receive actual cash value up to the liability limit and thus the endorsement is not relevant to payment of the claim. Second, the endorsement also states that "[a]ll other policy terms and conditions apply." Because nothing in the endorsement suggested that it altered the actual cash value provision or the liability limit, those provisions remained unaltered. Third, the fact that the endorsement failed to mention rebuilding the home should have come as no surprise because the endorsement only applied if the policyholder undertook to rebuild or repair the property.
Additionally, Caroselli's reading of the Policy excises from it the actual cash value section and renders meaningless the $253,479 limit of liability. Caroselli's theory would always allow an insured to collect the building structure reimbursement, regardless of whether he undertook to repair or replace the damaged property. This contravenes the clear language of the Policy and the Court will not read the Policy in a way that excises certain language. See LJL Transp., Inc. v. Pilot Air Freight Corp., 962 A.2d 639, 647-48 (Pa. 2009) ("[I]n determining the intent of the contracting parties, all provision in the agreement will be construed together and each will be given effect. Thus, we will not interpret one provision of a contract in a manner which results in another portion being annulled.").
Plaintiff relies on Pennsylvania law holding that actual cash value is calculated by determining the repair or replacement cost of the building and subtracting applicable depreciation. He claims that it "logically follows that application of this rule would require the expended policy limit to apply to the replacement cost in order to determine actual cash value." (Pl.'s Mem. at 9.) The Court does not follow Plaintiff's logic. While depreciation might be factored in to determine actual cash value, that does not foreclose a policy from including a limit of liability. Here, it is irrelevant how actual cash value is calculated because the limit of liability applies.
Plaintiff's contention that Allstate sought to deprive Caroselli of his ability to repair, rebuild or replace his home is unfounded. (Id.) He was paid $253,479 pursuant to the Policy and would be eligible for 120% of the liability limit if he undertook to rebuild his home. The Court finds it hard to believe that he would be unable to commence repairs with the money Allstate paid on the claim.
Finally, the endorsement is not illusory merely because the policyholder must insure his home for 100% of its replacement cost to receive the benefit of the endorsement. If he insured his home for full replacement cost, which was $253,479, and thus satisfied one of the conditions for the endorsement to apply, and repaired or replaced his home, he would be entitled to 120% of the limit of liability, or $304,174.80, assuming that was the smallest amount of the three possible payment amounts. But since he failed to even allege that he repaired or replaced the home, the endorsement does not even enter the analysis. The actual cash value provision clearly applies here and the language of that provision expressly caps his recovery to the limit of liability included in the Policy.
The Pennsylvania Superior Court considered the meaning of "actual cash value" in an Allstate homeowners policy in Kane v. State Farm Fire and Cas. Co., 841 A.2d 1038 (Pa. Super. Ct. 2003). In Kane, policyholders sought to bring a class action alleging that various insurance companies, including Allstate, failed to fully indemnify them for partial losses because the insurance companies deducted depreciation from the actual cost to repair or replace the damaged portion of their buildings. The insurance companies, including Allstate, countered that the policies required a policy holder to first undertake to repair or replace the damaged property before being fully compensated. The Superior Court upheld the trial court's decision to dismiss the policyholders' breach of contract and bad faith claims. "[T]he phrase 'actual cash value' as used in [Allstate's policy] cannot mean replacement value... as such an interpretation would make the remaining policy language nonsensical." Id. at 1049. The court noted that the Allstate policy included "qualifying language indicating that 'actual cash value' will be the proffered compensation where the insured does not repair or replace the damage." Id. Because the insured would ultimately be made whole upon repair of the damaged property, the court was not troubled by policy language that paid actual cash value if the insured did not repair the damage. Id. at 1050.
Here, the Policy language clearly states that absent repair or replacement within 180 days of the actual cash value payment, Allstate will pay actual cash value but "[p]ayment will not exceed the Limit of Liability shown on the Policy Declarations for the coverage that applies to the damaged, destroyed or stolen property, regardless of the number of items involved in the loss." (Policy at 18.) "[B]y failing to repair his damaged property within 180 days from receipt of Allstate's final payment, Plaintiff has failed to satisfy the condition precedent under the policy and is not entitled to make a claim for additional sums." Renna v. Allstate Ins. Co., Civ. A. No. 92-20261, 1993 WL 404092, at *3 (N.D. Cal. Sept. 27, 1993) (citations omitted); Md. Cas. Co. v. Knight, 96 F.3d 1284, 1293 (9th Cir. 1996) (upholding policy, under California law, that required repair or replacement of property before replacement cost had to be paid by insurance company).
B. Bad Faith
Caroselli also brings a claim under the Pennsylvania bad faith statute, 42 PA. CONS. STAT. § 8371. To prevail on a bad faith claim, an insured must show that the insurer did not have a reasonable basis for denying benefits under the policy and that the insurer knew of or recklessly disregarded its lack of reasonable basis in denying the claim. UPMC Health Sys. v. Metro. Life Ins. Co., 391 F.3d 497, 505 (3d Cir. 2004) (citing Terletsky v. Prudential Prop. & Cas. Ins. Co., 649 A.2d 680, 688 (Pa. Super. Ct. 1994)). To constitute bad faith for the failure to pay a claim, the insurer must have a dishonest purpose. Nw. Mut. Life Ins. Co. v. Babayan, 430 F.3d 121, 137 (3d Cir. 2005). Although the refusal to pay need not be fraudulent, mere negligence or bad judgment is insufficient. Id. The burden rests with the insured to show bad faith by clear and convincing evidence. Polselli v. Nationwide Mut. Fire Ins. Co., 126 F.3d 524, 528, 532 (3d Cir. 1997). To satisfy this standard, the insured must present evidence "so clear, direct, weighty and convincing as to enable a clear conviction, without hesitation, about whether or not the defendants acted in bad faith." Bostick v. ITT Hartford Group, Inc., 56 F. Supp. 2d 580, 587 (E.D. Pa. 1999).
The bad faith claim arises from Allstate's purported failure to pay actual cash value benefits to Caroselli and members of the putative class although such benefits are, according to the Complaint, clearly required by the language of the Policy. (Compl. ¶ 29.) As noted in this Court's discussion regarding Plaintiff's breach of contract claim, Allstate properly paid to Caroselli the limits of liability pursuant to the clear language of the Policy. Therefore, Allstate had a reasonable basis for failing to pay additional monies to Caroselli and he cannot make out a bad faith claim against Allstate. See Kelly v. Nat'l Liab. & Fire Ins. Co., Civ. A. No. 09-1641, 2010 WL 2736953, at *3 (E.D. Pa. July 12, 2010) ("Because the coverage determination was correct, as a matter of law, bad faith cannot be found.").
Plaintiff alleges that Allstate sold him an endorsement to the Policy that is "wholly illusory with respect to the coverage purportedly offered." (Compl. ¶ 31.) According to the Policy, an insured could only extend coverage under it to 120% of the stated policy limit if the insured fully insured the property to 100% of the replacement cost as determined by Allstate. (Id. ¶ 32.). But, Caroselli contends, if he fully insured his property, the stated limit of the Policy would be equal to the replacement cost of the property. (Id. ¶ 33.) Thus, under the terms of the Policy, he would never receive 120% and the endorsement he purchased was worthless.
The UTPCPL declares unlawful a number of "unfair methods of competition" and "unfair or deceptive acts or practices." 73 PA. CONS. STAT. § 201-2(4) & id. § 201-3. The statute further permits persons who suffer a loss resulting from an unfair or deceptive method, act, or practice to bring a private action to recover damages. Id. § 201-9.2. To state a claim under the UTPCPL, a plaintiff must show deceptive conduct and an ascertainable loss. See Hansford v. Bank of Am., Civ. A. No. 07-4716, 2008 WL 4078460, at *13 (E.D. Pa. Aug. 22, 2008). Additionally, a plaintiff must show that he justifiably relied on a defendant's wrongful conduct or representations and that such reliance caused harm.*fn1 Hunt v. U.S. Tobacco Co., 538 F.3d 217, 224 (3d Cir. 2008) ("[W]e conclude that private plaintiffs alleging deceptive conduct under the [UTPCPL] catchall provision must allege justifiable reliance."); Toy v. Metro. Life Ins. Co., 928 A.2d 186, 208 (Pa. 2007) ("[A] plaintiff alleging violations of the Consumer Protection Law must prove the common law fraud element of justifiable reliance."); Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425, 438 (Pa. 2004) ("To bring a private cause of action under the UTPCPL, a plaintiff must show that he justifiably relied on the defendant's wrongful conduct or representation and that he suffered harm as a result of that reliance.").
Caroselli points to two purported misrepresentations made by Allstate: "first, that it would provide coverage to Caroselli in accordance with the standards and practices in effect in Pennsylvania and, second, by falsely representing to Caroselli and members of his class that the policy would provide benefits which were totally illusory." (Pl.'s Mem. at 16.) He further clarifies his claim when he states, "Allstate has made material misrepresentations of facts regarding coverages afforded when the policy was issued... followed by a second misrepresentation after the loss occurred claiming that Allstate owed only its stated policy limit rather than the Actual Cash Value of the loss." (Id. at 21.)
As stated earlier, a reading of the plain language of the Policy does not render the benefits contained in the endorsement illusory. Additionally, the Court rejects Caroselli's contention that he states a UTPCPL claim because Caroselli purchased a replacement cost policy yet failed to receive replacement cost upon the occurrence of a covered loss. Plaintiff did not receive replacement cost because he failed to rebuild his property, not because Allstate deceived him. He points to no statement or misrepresentation made by Allstate regarding what he would receive in the event of a loss. Rather, he points to the Policy which clearly forecloses his argument. He was not entitled to replacement cost because he failed to meet a clearly stated precondition to receiving replacement costs. It is not deceptive for an insurer to adhere to the unambiguous language of a policy and pay claims in accordance with those terms. Furthermore, the Court discerns no justifiable reliance asserted in the Complaint other than the terms of the Policy; the Court has already addressed this language.
Finally, despite Caroselli's protests, his UTPCPL claim is ultimately a charge that Allstate failed to pay on Plaintiff's claim. Under Pennsylvania law, an insurer's refusal to pay a claim is nonfeasance -- as opposed to malfeasance -- and cannot sustain a UTPCPL claim. Horowitz v. Fed. Kemper Life Assurance Co., 57 F.3d 300, 307 (3d Cir. 1995) ("[A]n insurer's mere refusal to pay a claim which constitutes nonfeasance, the failure to perform a contractual duty, is not actionable.")
The Policy language is clear and Plaintiff's failure to satisfy a condition precedent to payment under the endorsement is fatal to his claims. His case is therefore dismissed. An Order consistent with this Memorandum will be docketed separately.
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Bibliographic Details
Title: Delectus argumentorum et syllabus scriptorum...
Publisher: Theodor Christoph Felginer, Hamburg
Publication Date: 1725
Binding: Hardcover
Book Condition: Very Good
Signed: Signed by Author(s)
Edition: First Edition.
First edition of Johann Albert Fabriciuss important work on Christian apologetics arguing for a "true" religion against Islam, along with atheists, epicureans, deists, naturalists, pagans and Jews. 4to (221x 172mm). [12], 755, [29], including full-page etched frontispiece (offsetting onto title) depicting the conversion of St. Paul, signed 1725 by Fritzsche of Hamburg. Title printed in red and black with woodcut printers device of Felginer. Greek letter throughout. Contemporary paneled sheep, spine ends damaged; (mostly moderate browning, some foxing, front free endpaper lacking, joints tender). Bookplate of the Newton Theological Seminary Library on front pastedown. Johann Albert Fabricius (1668-1736) was a German classical scholar and accomplished bibliographer. He is credited with the creation of some 128 books and was counted among his correspondents as one of the leading scholars of his age. Fabricius esteemed the work of church fathers since he believed they best represented the true sentiments and reasoning of Christians in the first ages after the apostles. He valued the simplicity and godly sincerity of that first age of the church. Fabricius believed that modern literature was debased by the substitution of rhetoric for the purity of thought and poetry of older times. In this early apology, Fabricius makes an account of the chief apologists before him, focusing on Eusebius of Caesarea, including fragments of their lost writings. He aimed to remove prejudices from the works so that the reader could be expected to submit to Christianity. His Delectus treatise is slightly controversial in tone as it contains a summary of sermons and truth of the Christian religion over Islam, which was "against the norm." With Muslims, Fabricius also argues against the beliefs of atheists, epicureans, deists, naturalists, pagans and Jews. This is a first edition work from the prolific Hamburger publisher Felginer (fl. 1726-1739). Important work on the philosophical argument for Christianity by a leading eighteenth century scholar, viewed in the presence of the dissolution, both social and political, this work seems impending. Good in period binding. Bookseller Inventory # D8972
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When your daughter is turning 13 and is even willing to make the cake if you invest some time in the decorations, so fill a wall with butterflies as I did with these butterfly birthday garlands that were a huge hit!
Of course, now that I've given you some inspiration, you'll certainly have more of a head start than I did, but do leave a good chunk of time for this, at least 2 plus hours. And the good news is that after all your efforts, these decorations are the kind of thing that you can save and use again, maybe not for another child in your family, but certainly for a neighbor or close relative or some kind of party at a child's school!
Continue reading "Butterfly Birthday Wall Decor That Works For Many Occassions!" »


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Villas in Apollo Heights, Aphrodite Hills, Kouklia, Paphos and Suburbs, South Cyprus - 10 Minute Walk To Resort Facilities And 2 Minute Walk From Communal Pool With Kid's Play Area
Aphrodite Hills is a luxurious golf resort set in the hills overlooking the beautiful Mediterranean Sea. In this exquisite setting, the resort offers you recreation and relaxation beyond compare. Situated on Apollo Heights which is an exclusive and peaceful village on Aphrodite Hills, these villas have their own 8 x 5m Pools as well as access to the fantastic communal pools on the village, including kids splash pool and lawned play area. The fixtures and fittings are to the highest standard, and the beautiful decor compliments this - giving the villas a lovely feeling of grandeur, but in a homely way. Beautiful outdoor space with sundeck, terrace with dining table, roof terrace, lawned garden area and Stunning ravine and sea views. The award winning resort plays host to a range of facilities and activities, all designed to keep the whole family entertained, invigorated and relaxed during your holiday. These include a championship standard golf course, European Tennis academy, health spa, gym, horse riding stables, shops, restaurants, bars all in a traditional Cypriot setting.
Details for holiday villa Villa Apollo Sleeps 6 (3 Bedrooms), 3 Bedrooms, Sleeps 6, 3 Bathrooms
Villa Apollo is a stunning, spacious villa close to the resort facilities with 3 en-suite bedrooms, heated pool and fabulous views.
The property is spread across two floors and features five star fixture and fittings, a large, open plan living and dining area with sunset views out to sea that are to die for. Interiors have been interior designed to a very high standard, featuring large leather sofas, indoor and outdoor dining areas, plasma screen T.V., UK TV with unlimited movies (and international channels), DVD Player, Playstation III, wireless internet and Bose ipod docking station.
The rear patio doors open out onto the terrace with views over the 8x4 heated infinity edge private swimming pool and stunning sea and sunset views beyond. There are outdoor sofas on the upper terrace, shaded dining table, sunbeds for all and gas BBQ.
Villa Apollo is fully air-conditioned and heated for year-round comfort. The villa also provides a well-designed and equipped family kitchen.
About the Manager
Aphrodite rentals is a resort based family business that has been renting properties exclusively on Aphrodite Hills, Cyprus, the finest and most relaxing leisure resort in the Eastern Mediterranean, since 2003. Our objective is to provide the very highest quality in every aspect of accommodation, facilities and services to property owners and renters of those properties. The company owners and our resort managers are based on the resort, and, are on resort 24 hours a day, 7 days a week. All of our properties are managed by us to a very high standard by our own dedicated team so your needs and expectations of will be addressed well before arrival on resort. We have a departure lounge facilities on resort if guests face an early check out and late flight home, just ask for further details.
Guestbook comments from the manager
5 star villa in a fantastic location on Apollo Heights, with stunning views to the sea. Very well equipped accommodation with everything you need for a relaxing break and a useful folder full of local information. Sitting on the terrace watching the sun go down is something you could never get tired of.
Mark and Serap could not have been more helpful and made our stay enjoyable and hassle free. Many Thanks.
Best regards
Vince and Wendy Brown - 24 October 2013
0 Reviews
From the Owner
"We purchased a property on Aphrodite Hills in 2003 as we noticed the potential of this impressive project very early on. The quality of the properties, the variety of activities you can enjoy here, the 5* resort facilities, the year round climate were just a few of the multiple reasons for investing in a property and business here. The resort has grown and matured since then and with the opening of new Golf courses at Secret Valley, Elea Estate and Minthis Hills - Aphrodite Hills and the surrounding area just gets better and better."
Activity and Interests
Local beaches are plentiful and include: Kourion, Pissouri (with its wealth of water sports) and Avdimou, which is home to the beautiful Zias Beach Club, an exclusive beach club available to resort residents. All of these beaches (and of course there are more!) have something different to offer and are easily located from the Resort.
Paphos International Airport is approximately a 15 minute drive with Larnaca being around 75 minute drive from Aphrodite Hills. They receive direct flights from all the main UK airports from airlines including British Airways, Easy Jet, Ryanair, Jet2, Monarch, Thomsonfly, and Thomas Cook. Car hire is able to meet you at the airport, but best to book in advance. There is a taxi rank outside of the arrivals terminal but the cost of a taxi to the resort can be as much as an entire days car hire.
The resort is conveniently situated only 15 minutes from Pafos airport and 75 minutes from Larnaca airport, very close to motorway links from both. There are traditional villages nearby including Kouklia to the west, a quiet, traditional Cypriot village about a 10-minute drive from Aphrodite Hills. It offers some good local restaurants and events in the summer; all set in the tranquil surroundings of this sleepy enclave. The beautiful Paphos Town is around a 20 minute drive from the Resort.
Further Details:
Aphrodite Hills is a luxurious golf resort set in the hills overlooking the beautiful Mediterranean Sea. In this exquisite setting, the resort offers you recreation and relaxation beyond compare.
The award winning resort plays host to a range of facilities and activities, designed to keep the whole family entertained, invigorated and relaxed during your holiday. These include a championship standard golf course, Tennis academy, spa, gym, horse riding stables, shops, restaurants and bars.
The Aphrodite Hills village square is where all of the facilities, activities and venues are based on resort. Events take place here regularly, including markets, dancing, local bands and activities for the children including open-air cinema, live shows and musical productions.
Other amenities in the village square include bicycle & Segway hire, cash point, 24 hour medicentre, supermarket, Costa Coffee outlet & Gallery multi-shop.
The Village Square bars and restaurants offer many different styles of food and provide excellent service and facilities.
There are many activities for children including a playground for both younger and older children plus an aerial rope and mini golf. The Resort also hosts a fantastic kids club that provides childcare for 3-12 year olds, offering a great variety of indoor & outdoor daily activities. In addition there is also a crèche that takes babies from 6 - 35 months and also facilities for teens where a special Grotto club is available with a pool table, table football and computer games *(the kids club is closed for renovations from December 2014 - May 2015).
Prices and Availability
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Rate 12
3 Nov 2016 - 4 Jan 2017
4 night minimum stay
for 4 nights
Low Season
5 Jan 2017 - 31 Mar 2017
4 night minimum stay
for 4 nights
High Season
1 Apr 2017 - 30 Apr 2017
7 night minimum stay
for 7 nights
Medium Season
1 May 2017 - 30 Jun 2017
4 night minimum stay
for 4 nights
Premium Season
1 Jul 2017 - 31 Aug 2017
7 night minimum stay
for 7 nights
Medium Season
1 Sep 2017 - 30 Sep 2017
4 night minimum stay
for 4 nights
High Season
1 Oct 2017 - 1 Nov 2017
7 night minimum stay
for 7 nights
Low Season
2 Nov 2017 - 3 Jan 2018
4 night minimum stay
for 4 nights
Additional pricing information
|No additional mandatory fees
|Refundable Damage Deposit
Pool heating can be arranged at an additional £160.00 per week if required.
No hidden booking fees.
Welcome packs, child equipment and table tennis tables are also available for hire on request. Please enquire for more details.
Changeover Day: Wednesday, Saturday or Sunday arrivals are preferred, but please do enquire as we are happy to be flexible where possible.
Manager's Cancellation Policy
- 50% refund for cancellations more than 30 days before check-in date.
- 100% refund for cancellations more than 60 days before check-in date.
From the Owner
"Departure lounge - If you have a late flight, don't worry, come and relax in our departure lounge, take a dip in our pool and relax before catching your flight home. Free drinks are provided, shaded terraces, sunbeds, showering facilities and free wifi. Ask our reservation team for further details. Aphrodite Hills based, British family owned business Customer service on Aphrodite Hills resort 24 hours a day, 7 days a week High levels of customer service. All properties managed by us to a high standard All guests are met at Aphrodite Hills entrance on arrival and shown to property regardless of arrival time. Free 8509 guide to Cyprus given to all guests. 8509 discount card provided for all guests offering discounts throughout the region including restaurants, taxis, kids equipment hire."
Property Type
- villa
- Air Conditioning
- Internet
- Dining Area
Pool / Spa
- Heated Pool
- Outdoor Pool
- Events Allowed
- children welcome
Location Type
- near the sea
- resort
- rural
- churches
- cinemas
- forests
- marina
- museums
- playground
- recreation centre
- restaurants
- ruins
- water parks
- winery tours
- zoo
Leisure Activities
- bird watching
- horse riding
- paddle boating
- scenic drives
- sight seeing
- walking
Local Services & Businesses
- ATM/bank
- Babysitter
- fitness centre
- groceries
- massage therapist
- medical services
Sports & Adventure Activities
- cycling
- deepsea fishing
- fishing
- golf
- hiking
- jet skiing
- mountain biking
- paragliding
- pier fishing
- sailing
- diving
- snorkelling
- swimming
- tennis
- water skiing
- water tubing
- wind-surfing
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure
- Bathroom 2 - Toilet, Bath (no shower), Shower Enclosure
- Shower room 1 - Shower Enclosure
- 3 Bedrooms, Sleeps 6
- Bedroom 1
- Bedroom 2
- Bedroom 3
- Golf ...
- Self-catering
- Notes on accommodation: Customer Service - We pride ourselves on looking after our guests and we personally manage our Helios Heights Apartments to a very high standard. We are based on the resort and are on hand 24/7 to make sure your stay on this beautiful resort is as comfortable and as relaxing as possible. Maid/linen service is available - all towels (including beach towels) provided. Personal meet and greet at the Resort, regardless of arrival time. Your Arrival - We always personally meet our guests and take them to the properties, no fumbling around in the dark for a key box if you book with us! If you have any specific requirements or wish to order a welcome pack for your arrival, let us know in advance. 8509 Guide - A free copy of our own in-house magazine, 8509, will be provided in your holiday property. It's an independent guide that contains the most current and reliable information about the region, so that you can make the most of your time in the area. Outside: Private 8x5 m Pool with heating available (at an additional cost), sundeck with comfortable sun loungers, lawned garden area, terrace with dining table and relaxing seating which overlooks the pool and has sea views, large roof terrace with great sea and sunset views, and access to the communal area of Apollo Heights which has 2 large pools, kiddy splash pool and kiddy play area.


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The Black Klansman
Release Date: January 1st, 1966
Not Yet Rated|1 hr. 28 min.
Plot Summary
After his daughter is killed in a church bombing, a light-skinned black man (Richard Gilden) infiltrates the Ku Klux Klan to avenge her murder.
Cast: Richard Gilden, Rima Kutner, Harry Lovejoy, Max Julien, Jakie Deslonde, Jimmy Mack, Maureen Gaffney, Byrd Holland
Director: Ted V. Mikels
Genres: Drama


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Economics Tutors in Laguna Niguel, CA
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University of California, Irvine Degree: B.S. Economics (concentration in Accounting), Pre-Medicine
Junior Global Studies major and Spanish minor at UCLA. GPA: 3.6


text:
Login/Create Account
Check Out the new Remax App
Ask About This Home
Fresh and bright 3 bedroom ranch on nice street! Entire home has been freshly painted (8-2016). Spacious living Room and dining room with hallway and bedrooms have beautiful hardwood flooring throughout. Super sharp kitchen with new glass and natural stone tile backsplash, brand new stainless steel wall oven and stainless steel range hood. Kitchen with modern grey 12" x 24" vinyl tile flooring (all in 2016). The three spacious bedrooms have new blinds adding to their coziness and privacy. Bathroom completely overhauled with new vanity, light, sink and faucet, with walls, tub and flooring having been surface finished by Miracle Method (8-2016)! All new fixtures too! Spacious Lower Level rec room, great for entertaining, with new carpet, lighting, ceiling tiles (8-2016) and freshly painted also. Brand new Anderson exterior storm doors were added to the front and side entrances. This home is move-in ready for you and conveniently located close to shopping, restaurants, freeways and more! Seller will be installing a new Pella window in bathroom. The City Point of Sale is complete and violation free


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On this day 100 years ago an American original was born. #franksinatra 's influence will live on as long as his music is heard. We love you.
We lost him 18 years ago tonight. We miss you, Poppa.
#FrankSinatra Frank Sinatra
Frank, Tina, Nancy, and Frankie.
Photo credit: Robert Hooper
At last, Dad is trending! He'd be so pleased. #Sinatra100 @TheGRAMMYs @franksinatra


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Recently everybody has been abuzz with concern over Google's presumptious approach to privacy, particularly since the launch of Google Buzz, which automatically co-opted gmail contacts as a user's social graph and merged their personal and professional worlds into one network overnight. Now, new advanced search features from Buzzzy, mean you can practically investigate the issue for yourself.
People of all ages and nationalities raised the alarm: 24 year-old Harvard Law School student, Eva Hibnick filed a class action suit on behalf of all 31 million Gmail users and an Australian TV channel stoked the fires of controversy, by airing a video which labelled Google, a Hungry Beast. Privacy advocates, Electronic Privacy Information Centre (EPIC) also pounced on Google's cavalier and poorly defined attitude to online privacy saying the service "violated user expectations, diminished user privacy, contradicted Google's privacy policy, and may have violated Federal wiretap laws."
THE BEAST FILE: GOOGLE ('HUNGRY BEAST', ABC TV) from Hungry Beast on Vimeo.
Yet despite some sensational headlines, the online community is divided on the issue of online privacy (the nuances of which are beyond the scope of this article). Other search engines and email services such as Bing, Yahoo and AOL collect and store the same data and whilst they remain noticeably quiet on the subject, Google is often at the forefront of privacy initiatives, with innovations such as allowing web users to opt out of being tracked by Google analytics.
Well, whatever side of the privacy fence you are sitting on, you can now investigate the nuances of this complex issue for yourself. Buzzzy have added new search operators to their index of Google Buzz content so that content can be filtered by Google profile information, such as company, username and job title. You can see the full set of new parameters in the screenshot below.
I decided to see if man could bite a dog, so had a look at what Google employees thought about their rivals. Being a snoop led me down a rabbit hole of queries and spurious conclusions, but it was heartwarming to stumble upon evidence that the company was not run by androids at all.
Instead, what i found was that Google employees are magnanimous about Twitter, bitchy about Bing and united in their love of beer.
So, erm, that would make "the Beast" much like myself then…… RAWR!
P.S. Buzzzy is a product of WorkDigital, who are part owned by Incisive Media, owner of SearchEngineWatch.com
P.P.S. RAWR means i love you in dinosaur
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Lyco Energy-Saving Halogen MR16 Spotlights offer exactly the same performance as regular low-voltage halogen MR16 bulbs, but use 20% less energy.
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Producing a warm white 2800K light, Lyco Energy-Saving Halogen MR16 Spotlights are available in a choice of wattages and beam angles. These fully-dimmable bulbs have the usual GU5.3 base, and require a low-voltage transformer for use (sold separately). Average lifespan is 2,000 hours.
Energy-saving halogen bulbs utilise a couple of design possibilities to save energy over the original technology. They either use a more effective halogen gas than the typical argon, or they use an IR reflective coating on the halogen envelope to bounce infrared heat back onto the filament. The result in either case is that the filament burns more brightly for the same wattage, allowing energy consumption to be reduced.
Like all halogen bulbs, Lyco Energy-Saving Halogen MR16 Spotlights boast superb colour rendering. With their 'continuous spectrum' output they score a default CRI 100 rating, and lack the peaks and troughs of colour that are intrinsic in non-filament technologies.
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All content and images are copyright © Lyco Group Ltd 2016 All rights reserved.
Company No. 2923542 VAT No. GB 650 6449 35 The Pixel


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Home » Merchandise » Baby Kids Stuff & Maternity » Pop - Up Dinosaurs » Ad ID: 4447
Pop - Up Dinosaurs
Ad Details
Dec 05, 2016
Province: Mpumalanga
Phone: 0614124850
Ad Type: Offering
Pop-Up Dinosaurs
4 Different ways to pop-up the baby dinosaurs.
Easy to use. Helps with colour recognition and shape matching.
12 months +
Delivered via courier from Cape Town head office at only R45
Buy the Pop-Up Dinosaurs and receive 2 packs of bathpops for FREE.(value R41) PLUS be entered into a draw for a R300 hamper PLUS 10 % Off your next purchase.
Bath Pops
Make your child's bath experience fun, imaginative and magical with these exciting bath capsules. An exciting mystery character hidden inside each capsule is waiting to be discovered! Simply place the capsules in warm water and watch the foam shapes "hatch". Each set contains 8 capsules.
Contact info
Name: Sharon van der Merwe
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3 October 2014
Researchers at the University of Maryland School of Medicine (UM SOM) and the Ottawa Heart Institute have discovered a new pathway that is used by the brain to help control blood pressure.
Published in the journal Public Library of Science (PLOS) One, the study suggests a new method for treating high blood pressure and heart failure.
Dr John Hamlyn, professor of physiology at the University of Maryland School of Medicine, one of the principal authors, said the research gives an entirely new way of understanding how the brain and heart work together. He added that it opens possibilities for innovative treatment that could help patients.
The brain sends electrical impulses to the arteries through a network of nerves called the sympathetic nervous system, which is essential but is often overactive in patients with high blood pressure or heart failure.
Many drugs work to help these conditions by decreasing activity in this system, but these often have serious side effects, such as fatigue, dizziness and erectile dysfunction.
The team have found a new link between the brain and increased blood pressure - a steroid called ouabain. The new study is the first to identify the particular pathway that connects the brain to ouabain and it is through this that ouabain is able to make arteries more sensitive to sympathetic stimulation. This results in enhanced artery constriction, which promotes chronic hypertension.
Posted by Edward Bartel
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24 x 100€ Xmas raffle!
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UDG stands for superb quality, innovation, comfort, style and durability. UDG has taken the number one brand position simply because customers know that a UDG product is second to none. The company gained respect very quickly and support from the top professionals in the global music industry, on a simple pretence: to build the perfect equipment bag. Today the UDG range has grown to provide a vast range of bags, cases and CD wallets to suit every committed DJ. You can always purchase the ideal UDG Bag for your precious collection of music and gear. The name says it all – Ultimate DJ Gear.


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Home | Make an Appointment | For Medical Professionals
Posted by Jennifer Wickham, L.P.C.
November 10, 2014
The holiday season is just weeks away. For many of us, the holiday season brings hopes of beautiful times spent with family, friends and loved ones. We dream of roasting chestnuts on an open fire, a white Christmas just like the ones we used to know and rockin' around the Christmas tree.
These moments are among the most cherished in our lives — so why can they also be among the most stressful times?
Whenever something is important to us, we pay attention, we become involved and we want to participate. This also means that we carry expectations influenced by our memories, our desires and our environment. The smell of grandma's home cooking at Thanksgiving, our favorite Christmas cookies, and the sights and sounds of the season in our homes, in our communities and portrayed in the media, become the mental representations by which we measure our happiness and satisfaction. We direct all of our energy toward creating the perfect experience, and often, events out of our control — finances, travel plans, past and present relationships, health, current events — can, and frequently do, interfere with our vision of the perfect holiday season, which can lead us to experience stress and unhappiness.
The key to coping is setting realistic expectations.
Finances are a big stress during the holidays. Take a few moments to write down your anticipated expenses, a budget for gifts, holiday travel and special holiday traditions. Set aside a bit of money for those unforeseen expenses, and stick to your budget. Remember that overspending now invariably leads to regret and difficulty later.
Holiday travel often is complicated. Families today are geographically separated more than ever. Speak with your loved ones about what you and your family can realistically do and still enjoy the holiday. The pressure of feeling that you have to be in two, or sometimes even three, places at once is enough to take the fun out of any event.
Also, we are often aware of the expectations of others from past years. It is important to clarify what others' expectations are and to state your own. The holidays cannot always be what we remember from the past. People change, and as a result, our holidays change. Sometimes, compromising to have a gathering either just before or after the actual holiday is necessary. Remember that it is the time spent together that is most important and maybe more so than the date on the calendar.
When facing difficult past or present relationships, we can focus on modeling graciousness. We can only take responsibility for ourselves. Our friends, family and loved ones also have this responsibility. We do not have control over whether they make the choice we want. This is where graciousness comes in. We need to choose to put on our best manners and make time to discuss difficult topics another day.
Finally, as much as we would like the holidays to be devoid of sadness, anxiety and other negative emotions, the reality is that life is going on around us all the time. We have emotions to inform us about what we need to pay attention to. Having a realistic expectation that the holidays won't banish our negative reactions or emotions can help us cope with the stressors that arise and allow us to have an enjoyable time with those we love.
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House in Brancaster, Norfolk, England - Peaceful Location,15 Minute Walk To Brancaster Beach
Newly updated house. Modernised to a high standard. Wood burning stove in the sitting room. A lovely sunny south facing garden and off street parking for 3 cars. Kitchen is very well equipped as the owner is a very keen ex professional cook! New build addition of a garden suite with double bedroom large wet room and sitting room with sofa bed all on the ground floor. Upstairs I twin room, 1 double room and 1 room with full sized bunk beds plus bathroom. The beds and bedding are all of high quality for maximum comfort. Hair dryers included.The house is situated in a quiet cul-de-sac 15 minutes walk from Brancaster beach. The well known Ship Inn is 3 minutes walk away.
Please note short stays are priced at 20% discount on the weekly rental.
Top Traveller Review
Going Home
The owner keeps it spruced up all the time and we just love the open fire in fact because the weather was so warm this September we opened the doors and windows just to make it a bit cooler inside to give us an excuse to light the fire - not that we need one.
The house is comfortable, roomy, cosy and we just love it.
Suzie is extremely good at replying to emails and we had a slight problem with the patio door the visit before last and within no time she had arranged for someone to come round and fix it.
When I win the lottery I will offer her an obscene amount of money so she has to sell it to me!!!
About the Owner
I am a designer and keen walker and cook. I live in London but also have an apartment in Spain (see S23094) I have have 8 grandchildren who enjoy our holiday homes with their parents as well as with us.
11 Reviews
4.5 based on 11 holidaymaker reviews
Going Home
This is the 4th time that we have stayed in Winchelsea and each time we visit it feels more like we are "going home".
The owner keeps it spruced up all the time and we just love the open fire in fact because the weather was so warm this September we opened the doors and windows just to make it a bit cooler inside to give us an excuse to light the fire - not that we need one.
The house is comfortable, roomy, cosy and we just love it.
Suzie is extremely good at replying to emails and we had a slight problem with the patio door the visit before last and within no time she had arranged for someone to come round and fix it.
When I win the lottery I will offer her an obscene amount of money so she has to sell it to me!!!
Another good stay at Mill Hill
We arrived to find that the owners had been busy upgrading the garden, bathroom and worktops in the kitchen. Always a good sign of caring owners as we had found the property comfortable on previous visits.
The house was again a great base for all we needed to do during the week and the Grandchildren were pining to be back on arriving home!
The element in the oven broke early in our stay and the owner was very prompt getting it fixed so no inconvenience.
All in all a place to revisit.
Excellent house and location
We had a fabulous 4 nights staying at number 27. Everything is as described and it was spotlessly clean. From the moment we walked in, we all felt at home. The house is very spacious and there was plenty of room for 4 adults, 3 children and 2 large Labradors, without feeling overcrowded at all. More than enough parking space on the driveway. Brancaster beach is fantastic for long wintery walks and given the unusually mild climate, we even managed a picnic on the dunes! We didn't get to explore the surrounding areas, as we had hoped to but would definitely want to come back and so some day soon. Great communication from Suzie too - hope to be in touch again!
Great House, Great Location
Nice big house, nice big garden and a driveway big enough for 2 cars easily. Plenty of room for 7 of us (5 adults, 2 kids). The downstairs bedroom is almost a separate annex with it's own wet room and living area. The location is great, a short stroll to local village pub (great food) and shop and only 15 minutes from Brancaster Beach (our favourite beach in Norfolk), there are plenty more great places to eat a short car drive away and it's close to a number of lovely town and villages. Great comms from the owner made it really easy to book. We would definitely recommend this place and will be using the house again when we go back to Brancaster.
Ideal for a family gathering.
We returned to the house for our second visit and immediately felt at home. This property is ideal for a family get together with many beautiful beaches and interesting places within easy range. The property is very well maintained and comfortable with a lovely garden for grandchildren to enjoy. Parking is easy and there is adequate equipment in the house. There are a good range of restaurants in the area with The Jolly Sailors at Brancaster Staithe being the family favourite. For a more 'sophisticated' night try The Duck Inn at Stanhoe. I would recommend the property.
Warm and friendly
We arrived on a cold and wet Friday night; the house was beautifully warm inside. Seven of us (and a dog!) had gathered for a family birthday - this house was perfect.
There isn't a lot to say, it's well-placed for access, the house is tastefully decorated and felt very homely. With two bathrooms, a large kitchen, separate dining room, and large lounge it fits eight pepople easily. The wood-burning stove kept us warm on the cold nights. Brancaster is a great location - you can walk to the beach, to the pub, or along the coast. The Tesco at Hunstanton is big enough for all your needs, and there are plenty of local specialist shops.
We would definitely recommend this house, and would love to go back.
From the Owner
"I bought the house in January 2011. After extensive refurbishment the first visitors came in May 2011. Brancaster is perfect for walkers and foodies alike! I was taken by the house as it is so near wonderful beaches."
Activity and Interests
15 walk to Brancaster beach and a wonderful starting place for Norfolks famous coastal walks.
Kings Lynn main line station is 40 minutes by car.
There is a village paper shop in Brancaster approx 5 minutes walk from the house.
Childrens playground in Brancaster approx 5 minutes walk.
A larger supermarket is at Burnham Deepdale approx 5 minutes in a car. There is a Sainburys and Waitrose in Hunstanton, approximately 15 minutes drive
Burnham Market is approx 10 minute drive.
Further Details:
Holkham, Sandringham and many other attractions are within half an hours drive.
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Rate 7
29 Oct 2016 - 22 Dec 2016
7 night minimum stay
for 7 nights
Christmas/New Year
23 Dec 2016 - 3 Jan 2017
3 night minimum stay
for 3 nights
Rate 2
6 Jan 2017 - 24 Mar 2017
3 night minimum stay
for 3 nights
Rate 3
21 Apr 2017 - 7 Jul 2017
2 night minimum stay
for 2 nights
My Standard Rate
7 night minimum stay
for 7 nights
Additional pricing information
|No additional mandatory fees
Booking Notes:
Payment of half the total fee is required to secure the booking and full payment must be made 6 weeks before the holiday begins.
Changeover Day:
Change over day is normally Friday. Arrival time is 3 pm and departure 10am.
For short breaks this can be changed.
Notes on prices:
Short lets are charged at 20% on the weekly rental price
Owner's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"We use the house as a family as well as letting it out. Everything is very child friendly, lots of special plates, cups etc. But I still have to have my comforts, ie nice linen, pillows and lots of heating, including a wood burning stove. There is a downstairs double bedroom and wet room. This is a quiet room and perfect for grandparents, who dont want to hear the children in the early morning!"
Property Type
- house
- Hair Dryer
- Heating
- Internet
- Iron & Board
- Linens Provided
- Living Room ...
- Parking
- Towels Provided
- Washing Machine
- Wood Stove
- Coffee Maker ...
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Toaster
- Child's Highchair
- Dining Area
- DVD Player
- Games
- Television
- children welcome
- pets considered
- suitable for elderly or infirm
Location Type
- beach
- village
- playground
Leisure Activities
- bird watching
- scenic drives
- walking
- Shower room 1 - Shower Enclosure
- Shower room 2 - Shower Enclosure
- Downstairs wet room. Upstairs full bathroom.
- 4 Bedrooms, Sleeps 8
- Bedroom 1 - 1 Cot
- Bedroom 2
- Bedroom 3
- Bedroom 4
- Description of sleeping capacity: Sleeps 8 (4 Bedrooms) Notes on bedrooms: Bedroom 1 - double bed. Bedroom 2 - double bed. Bedroom 3 - twin beds. Bedroom 4 - full size bunk bed.
- Terrace
- Golf ...
- Garden
- Self-catering
- Outside: Front garden - parking for 3 cars. Rear garden - large lawn area, patio area with picnic table and umbrella. Cleaning / Towels / Linen all provided. Linen included, high quality white linen and feather pillows and duvets Towels included, bath and hand towel for each guest. Hair dryers. Property fully cleaned before and after every let. Additional Cleaning help available by arrangement.


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Is Nutella The Devil's Work?
It would seem so from the description of it in a new book called Obsessed--America's Food Addiction--And My Own by Mika Brzezinki.
Nutella, of course, is the famous spread made from hazelnuts, skim milk, and cocoa. Karl Lagerfeld reportedly worships it. Editors, actors, pilots, everyone on earth practically wants to mainline it.
Even the author herself admits she shamelessly adores the stuff.
But she adds that a couple of tablespoons of Nutella have as many calories as a Three Musketeers bar! What's more, there's been a class action suit filed by parents who feel misled by Nutella's claims to be a healthy breakfast spread for kids to put on toast. (I guess in lieu of an M&M omelette or Twizzlers pancakes).
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Horrors! Still, Mika downed an entire jar of the stuff one night, but she later realized it was in an Ambien haze. That must be why I performed a similar stunt, eating a Nutella crepe at the Standard last year!
Oh, what can you do? Nothing but open wide. But as we're doing so, maybe Nutella should change their ad campaign to say, "No, it's not all that healthy, and yes, it'll turn you into a giant pig. But it's good, isn't it?"
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July 16, 1951
NEIL et al.
GULF OIL CORP. MURRAY v. GULF OIL CORP. GREEN et al. v. GULF OIL CORP
Three seamen are former crew members of the 'Gulfmoon,' operated by Gulf Oil Corporation. Each seeks to recover one month's wages because of 'discharge' on May 15, 1948. Other crew members, who were signed off at the same time, have recovered. Newton v. Gulf Oil Corporation, D.C., 87 F.Supp. 210, 3 Cir., 180 F.2d 491, certiorari denied, 340 U.S. 814, 71 S. Ct. 42, 95 L. Ed. 598. These cases were submitted under a pretrial order which sets out the agreed facts.
The sole distinction between the cases at bar and the Newton case, supra, is that the seamen here signed on and remained aboard the 'Gulfmoon' for another voyage. The exact point was not dealt with directly by either court in the former case. In the petition for certiorari
to the Court of Appeals, as to the former holding, the respondent here sets out, among the reasons for allowance thereof, the following: 'Under the decision of the Court of Appeals this windfall will inure even to the benefit of those crew members whose actual employment has never ceased for a moment and who remain upon the vessel for subsequent voyages in the same positions, at the same rates of pay and subject to exactly the same working conditions. That this result is unnecessary and unjustifiable, and was never contemplated by the parties, is demonstrated by reference to the provisions of the labor relations contract existing between Petitioner and the Union of which Respondents are members.'
The illuminating opinion of Judge Goodrich makes plain that there are no avenues of escape. It is true the contention that the statute was borrowed from the English act of similar purport
and that this latter legislation was otherwise construed by the Olympic
was not made before the Court of Appeals. But the fact that a statute, borrowed in 1872, was construed by a court of the jurisdiction of origin in 1913, although persuasive, is not binding. Statutes borrowed are generally taken with the decisions construing them at date of acquisition.
The only remedy, if this be not correct policy, is to seek amendment of this antiquated enactment which are anachronistic.
Each libellant will recover as prayed. Appropriate findings and judgment may be submitted.
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General order supplier Islamabad
General order suppliers are offering best and cost effective services to their customers to increase efficiency and lower supply chain cost. General order suppliers understand the needs and demands of their consumers and produce goods and services according to their preferences to fully satisfy them. Trust, honesty, reliability, enhancement and maintenance of consumer goods and services are the core values of general order suppliers.for more detail follow link
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General order supplier is a supply chain management system in which firms and companies provide different variety of goods and services to companies and individuals. General order suppliers follow the company policies, guidelines, rules and regulations. General order suppliers in Rawalpindi provide cost effective services to their customers in a very planned and organized procedure.
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Many Companies in Islamabad and all over the Pakistan are working as General Order Supplier. General Order Supply means that supplying equipments, Medical material and Furniture etc. in different cities of the country. These companies are responsible for the security of these goods and providing these materials on time to the customer. They are putting their best effort for getting the confidence of customers.


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A salty field of 10 3-year-old fillies will attempt to crack the tough nut of the $250,000 Acorn Stakes (gr. I) over a flat mile at Belmont Park Friday. With Kentucky Oaks (gr. I) champ Ashado sitting this one out, the now horse could be Island Sand, who was the runner-up in the prestigious Oaks, run one day prior to the Kentucky Derby (gr. I) April 30. Island Sand was sold privately and shipped to Midwest trainer Larry Jones after winning a pair of races, including the Busanda, over the inner track at the Big A this winter. Prior to the Oaks, she ran second in the Fantasy Stakes (gr. II) at Oaklwan Park. "She has improved as the distances have gotten longer," said Jones. "Every race has been better than the one before it."Island Sand may have to continue that pattern, as the Acorn waters get deep with grade I winner Society Selection going. Society Selection took the Frizette Stakes (gr. I) over this layout last fall, and is coming in off a victory in the Comely (gr. III) April 9 for Hall of Fame trainer Allen Jerkens. The Comely has proven to be a key race, with second-place finisher Bending Strings returning to win the Nassau County (gr. II) and Daydreaming coming back to take an allowance contest. Another quality contender in the Acorn is the Bob Baffert-trained Victory U.S.A. She finished fourth in the Kentucky Oaks after drawing off to take the Stonerside Beaumont Stakes (gr. II) at Keeneland April 8. She was also second to Ashado in the Fair Ground Oaks (gr. II) in March. La Reina has enjoyed success at Belmont, and returns after a disappointing fourth of four in Keeneland's Ashland Stakes (gr. I). She is trained by new Hall of Fame inductee Shug McGaughey.The field for the Acorn Stakes, in post position order with jockeys (all starters carry 121 pounds):1) Magical Illusion (Jose Santos)
2) Society Selection (Jorge Chavez)
3) Bending Strings (Pat Day)
4) Pawyne Princess (Ramon Dominguez)
5) Island Sand (Terry Thompson)
6) Grey Traffic (Javier Castellano)
7) Bohemian Lady (Edgar Prado)
8) Victory U.S.A. (Jerry Bailey)
9) La Reina (John Velazquez)
10) Friendly Michelle (Alex Solis)
Ten Fillies Hope to Crack Acorn
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