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December 6, 2007
NORTHLAND INSURANCE COMPANY PLAINTIFF,v.DOMINICK P. STRANIERI AND APPRAISALS LIMITED ENTERPRISES, INC, DEFENDANTS.
Presently before the Court is the motion of Plaintiff Northland Insurance Company for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). Because Defendants' affirmative defense raises a question of material fact, Plaintiff's motion will be denied. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1332. Plaintiff's motion is fully briefed and ripe for disposition.
Plaintiff Northland Insurance Company ("Northland") is a foreign corporation with its principal place of business in Minnesota. Defendant Dominick P. Stranieri, a resident of Pennsylvania, is the owner and president of Defendant Appraisals Limited Enterprises ("Appraisals Limited"), Inc., which is a Pennsylvania corporation with a principal place of business in Pennsylvania and which is named as an interested party only. (Compl., Doc. 1 ¶¶ 1-3; Answer, Doc. 13 ¶¶ 1-3.) Defendants are named insureds on three (3) identically worded "Real Estate Appraisers Errors and Omissions Liability Polic[ies]" (collectively, "the Policy") with Northland, which ran consecutively, for one year each, beginning August 8, 1999 and ending August 8, 2002. (Compl., Doc. 1 ¶¶ 8-11; Answer, Doc. 13 ¶¶ 8-11.) Invoking the Policy, Defendant Stranieri has tendered his defense in four (4) underlying lawsuits to Northland, and Northland is currently defending those four (4) actions, subject to a reservation of rights. (Compl., Doc. 1 ¶ 16; Answer, Doc. 13 ¶ 16.) Northland now seeks a declaratory judgment that it has no duty to defend and/or indemnify Defendant Stranieri in the underlying actions. (Compl., Doc. 1 ¶ 18.)
Two of the underlying suits, Pennsylvania v. Gene P. Percudani, et al., No. 732 MD 2002, (Pa. Commw. Ct., filed Oct. 11, 2002) and Pennsylvania v. Thomas P. Senofonte, et al., No. 595 MD 2003 (Pa. Commw. Ct., filed Sept. 4, 2003), were brought by the Attorney General of Pennsylvania against Defendant Stranieri and a number of others not party to the current case. Both of these civil regulatory actions allege that Stranieri committed unfair and deceptive trade practices in violation of Pennsylvania's Consumer Protection Law by providing deceptively high appraisals of homes in furtherance of schemes with developers and mortgage companies. (See Exs. D & E to Compl., Doc. 1.) The other underlying suits, Eddie Lester, et al. v. Gene P. Percudani, et al., No. 3:01-cv-1182 (M.D. Pa., filed June 28, 2001), and Pablo Acre, et al. v. Chase Manhattan Mortgage Corp., et al., No. 1:04-cv-0832 (M.D. Pa. Filed Apr. 16, 2004), were brought by home purchasers against Stranieri and others, alleging that Stranieri conspired to deceive and defraud them by falsely appraising their homes at higher than their true values. (Exs. F and I to Compl., Doc. 1.) Stranieri's co-defendants in the Eddie Lester suit also filed cross-claims against him for fraud and violation of the UTPCPL (See Exs. G & H to Compl., Doc. 1.)
Plaintiff Northland argues, inter alia, that the Policy covers liability resulting only from "a negligent act, error or omission in the rendering of or failure to render 'appraisal services,'" and the underlying actions allege intentional, fraudulent, deceptive, and dishonest conduct by Stranieri, not negligence, errors, or omissions. (Compl., Doc. 1 ¶¶ 102-04.). In their Answer, Defendants argue (1) that Northland is estopped from requesting a declaration that it has no duty to defend Stranieri because it has litigated the underlying actions for several years and Stranieri would be severely prejudiced in his ability to defend himself if forced to find new counsel at this late stage, (Answer, Doc. 13 ¶ 130) and (2) that a fair reading of the complaints against Stranieri shows that they allege not only intentional acts, but also improper conduct by error or omission.
The standards for deciding a motion for judgment on the pleadings pursuant to Rule 12(c) and a motion to dismiss pursuant to Rule 12(b)(6) are identical. Turbe v. Gov't of V.I., 938 F.2d 427, 428 (3d Cir. 1991). Thus, the district court must view the facts and inferences to be drawn from the pleadings in the light most favorable to the non-moving party. Green v. Fund Asset Mgmt., L.P., 245 F.3d 214, 220 (3d Cir. 2001). "[J]udgment will not be granted 'unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.' " Jablonski v. Pan Am. World Airways, Inc., 863 F.2d 289, 290 (3d Cir. 1988) (quoting Soc'y Hill Civic Ass'n v. Harris, 632 F.2d 1045, 1054 (3d Cir. 1980)). Like in a motion to dismiss, a court may consider matters of public record and "undisputedly authentic" documents attached by the moving party if relied upon by the other party. See Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993), cert. denied, 510 U.S. 1042 (1994). "Merely attaching documents to a Rule 12(c) motion does not convert it to a motion under Rule 56.... [I]n ruling on the motion a court generally has 'discretion to address evidence outside the complaint.'" CitiSteel USA, Inc. v. GE Co., 78 Fed. Appx. 832, 835 (3d Cir. 2003) (nonprecedential opinion) (quoting Pryor v. Nat'l Collegiate Athletic Ass'n, 288 F.3d 548, 559 (3d Cir. 2002)).
I. General Principles
Under Pennsylvania law, an insurer's duty to defend is broader than its duty to indemnify, as the duty to defend arises whenever the allegations in the underlying complaint (that is, the complaint in the underlying litigation), taken as true and liberally construed in favor of the insured, state a claim to which the policy potentially applies. Frog, Switch & Mfg. Co. v. Travelers Ins. Co., 193 F.3d 742, 746 (3d Cir. 1999) (citing Erie Ins. Exch. v. Transamerica Ins. Co., 533 A.2d 1363, 1368 (Pa. 1987); Biborosch v. Transamerica Ins. Co., 603 A.2d 1050, 1052 (Pa. Super. Ct. 1992)). "Furthermore, if a single claim in a multiclaim lawsuit is potentially covered, the insurer must defend all claims until there is no possibility that the underlying plaintiff could recover on a covered claim." Id. On the other hand, the duty to indemnify arises only if the damages the insured must pay are actually within the policy coverage. Lucker Mfg. v. Home Ins. Co., 23 F.3d 808, 821 (3d Cir. 1994). Thus, there may be a duty to defend without a duty to indemnify. Frog, Switch & Mfg. Co., 193 F.3d at 746.
The insured has the initial burden to establish that the claim for coverage falls within the terms of the insurance policy, but when an insurer's argument relies on a specific policy exclusion, the insurer bears the burden of proving that the exclusion applies. Cont'l Cas. Co. v. County of Chester, 244 F. Supp. 2d 403, 407 (E.D. Pa. 2003). Pennsylvania law also provides that "[p]olicy exclusions are strictly construed against the insurer." Id. (citing Selko v. Home Ins. Co., 139 F.3d 146, 152 n.3 (3d Cir. 1998)).
In determining whether an insurer has a duty to defend and indemnify, a court must examine only the allegations in the complaint in the underlying litigation; it is error to look elsewhere. Kvaerner Metals Div. of Kvaerner U.S., Inc. v. Commercial Union Ins. Co., 908 A.2d 888, 896 (Pa. 2006); see also Coregis Ins. Co. v. Harrisburg, No. 1:03-CV-920, 2006 WL 860710, at *4 (M.D. Pa. Mar. 30, 2006) ("Under Pennsylvania law, the question of whether an insurance company has a duty to defend is determined by comparing the allegations contained within the four corners of the underlying complaint against the terms and conditions of the insurance policy at issue.") (emphasis added); Tuscora Wayne Mut. Ins. Co. v. Kadlubosky, 889 A.2d 557, 561 (Pa. Super. Ct. 2005) ("It is the face of the complaint and not the truth of the facts alleged therein which determines whether there is a duty to defend."). When examining the underlying complaint's allegations, the court must "resolve all doubts as to coverage in favor of the insured." Westport Ins. Corp. v. Black, Davis & Shue Agency, Inc., No. 1:05-CV-1252, 2007 WL 1576412, at *4 (M.D. Pa. May 30, 2007).
II. Coverage Under the Policy
The parties' "Real Estate Appraisers Errors and Omissions Liability Policy" provides that Northland "will pay those sums that the insured becomes legally obligated to pay as damages because of a negligent act, error or omission in the rendering of or failure to render 'appraisal services,' provided always that [time, coverage territory, and other requirements are met]." (Exs. A, B, & C to Compl., Doc. 1, at 1.)
Courts interpreting such language have held that, when the factual allegations in a complaint "sound in both intentional tort and negligence," the insurer has a duty to defend. MP III Holdings, Inc. v. The Hartford, Civ. A. No. 05-1569, 2006 WL 2645156, at *10 (E.D. Pa. Sept. 14, 2006) (applying Pennsylvania law, finding duty to defend where underlying complaint brought alternative claims for fraud and for negligent misrepresentation). On the other hand, when the underlying complaint makes no allegations of negligence, there is no duty to defend. For example, the United States District Court for the Eastern District of Pennsylvania found no duty to defend in Unionamerica Ins. Co. v. Lim, because "no such language [asserting negligence theories] is found in [the underlying plaintiffs'] complaint." No. 9904302, 2000 WL 1056450, at *3 (E.D. Pa. Aug. 1, 2000). In reaching its decision, the Unionamerica court distinguished Bitamco Underwriters, Inc. v. Weiner, 636 A.2d 649, 651 (Pa. Super. Ct. 1994), app. denied, 655 A.2d 508 (Pa. 1994), in which the insurer did owe a duty to defend the insured because the underlying complaint asserted negligence theories of recovery.
This principle finds support as well from the Third Circuit Court of Appeals' decision in Matrix Health Mgmt., Inc. v. Western World Ins. Co. No. 93-1750, 1994 WL 378986 (3d Cir. Feb. 1, 1994), which, applying Pennsylvania law, found that an insurer owed a duty to defend its insured against allegations of a fraudulent billing scheme, even though the policy, like Northland's, covered only "liability arising out of any negligent act, error or omission in rendering or failure to render professional services." Id. at *4. It did so in part because the underlying complaint mentioned negligence expressly, albeit only once. The complaint stated that "[b]y making these false representations, [the insureds] were reckless and negligent." Id. at *2 (emphasis added). As another factor, the court noted that, with regard to certain of the insured's employees, "although the Complaint does not explicitly allege negligent conduct by [them], such conduct is potentially implicated by the catch-all phrase, 'other violations of the Plan' in paragraph 1 of the Complaint and by the allegations of negligence in paragraph 51 of the Complaint." Id. at *3 (emphasis added). Additionally, with regard to certain challenged actions, the underlying complaint did not identify who took them and did not specify whether those persons acted intentionally or negligently; this ambiguity in the allegations, the Third Circuit Court of Appeals held, "must be resolved in favor of coverage." Id.
Courts have stated that "the particular cause of action that a complainant pleads is not determinative of whether coverage has been triggered. Instead it is necessary to look at the factual allegations contained in the complaint." E.g., Erie Ins. Exch. v. Fidler, 808 A.2d 598, 590 (Pa. Super. Ct. 2002). But this language does not mean that a duty to defend exists whenever the injuries in the underlying suit could have been caused by negligence but the complaint did not allege negligence. In fact, it applies in exactly the reverse situation: the proposition means that "[m]erely adding a count entitled "Negligence" to the complaint, without adding supporting facts that could reasonably state a claim for negligence under the Policy, will not trigger the insurance company's duty to defend." Allstate Ins. Co. v. McClymonds, No. 2:06-CV-805, 2007 WL 2254563 (W.D. Pa. Aug. 6, 2007). In other words, if a plaintiff, seeking to ensure his claim will be covered by the defendant's insurance policy, brings a claim based in negligence that is unsupported by the facts, a court may be "compelled to find that the conduct [that caused the injuries complained of] was intentional as a matter of law." Id. at *7. That situation is not the case here.
The applicable rule of Pennsylvania law is that there exists a duty to defend, under a policy covering "negligent act, error, or omission" liability, if "the allegations of the ... complaint are broad enough to encompass possible negligence by [the insured]." See Biborosch v. Transamerica Ins. Co., 603 A.2d 1050, 1059 (Pa. Super. Ct. 1992). If, "based only upon the face of the complaint," a court can say "that there is no possibility that [plaintiff in the underlying case] might recover damages based upon what were essentially negligent acts, errors or omissions by [the insured]," then there is no duty to defend. See id. at 1058. And there is no possibility that a plaintiff can recover on a theory he has not plead. This conclusion follows from the well settled proposition that if the facts alleged in the complaint, if found true, would trigger coverage under the policy, then there is a duty to defend; otherwise, there is not. See, e.g., D'Auria v. Zurich Ins. Co., 507 A.2d 857, 859 (Pa. Super. Ct. 1986). Accordingly, keeping in mind the Court's duty to "resolve all doubts as to coverage in favor of the insured," Westport Ins. Corp., 2007 WL 1576412, at *4, I will look to the underlying complaints to determine whether they contain any claims upon which the plaintiffs could possibly recover from Stranieri for negligent acts, errors, or omissions, or whether, as in Matrix Health Mgmt., Inc., 1994 WL 378986, the complaints contain claims that are sufficiently ambiguous as to whether they allege negligence to merit resolving those claims in favor of the insured.
III. The Underlying Complaints
A. The Regulatory Suits
The first underlying suit, Pennsylvania v. Gene P. Percudani, et al., No. 732 MD 2002, (Pa. Commw. Ct., filed Oct. 11, 2002), brought by Pennsylvania's Attorney General, alleges that Stranieri committed unfair and deceptive trade practices in violation of Pennsylvania's Consumer Protection Law by providing appraisals of homes that "grossly overstated the value of the homes and properties ... in order to disguise the inflated value scheme of the other [d]efendants" in that case, who include developers and mortgage companies. (Ex. D ¶ 1443-1667.) The Commonwealth alleged that Defendant Stranieri acted "in a willful fashion" and "personally participated in and benefitted from the unfair and deceptive trade practices alleged." (Id. ¶¶ 1675-76.) Specifically, the underlying suit alleges that Defendant Stranieri violated section 3 of the Consumer Protection Law, 73 P.S. § 201-3, and that his acts also constituted unfair or deceptive acts or practices under section 201-2(4)(ii), (vii) and (xxi). The suit seeks civil penalties and restitution for consumers allegedly victimized.
Stranieri points to language in the complaint that he argues alleges negligence, specifically the allegations that he "would blindly incorporate the provided land value into his appraisal document," "would not research the Recorder of Deeds Office in order to establish the previous selling price of the land now being sold," and "appraised the consumers' homes by relying on blueprints, contracts and 'spec' sheets, and did not, in fact, ever physically appraise the majority of homes constructed for consumers by Defendant Raintree Homes, Inc." (Defs.' Br. in Opp'n, Doc. 38, at 3-5 (citing Ex. D ¶¶ 1447-48, 1450).) These allegations, however, simply describe the actions Stranieri allegedly took, intentionally, in furtherance of his scheme with the other defendants. The claim against Stranieri in this underlying suit states, twenty-six (26) times, that "Defendant Stranieri's overappraisal was performed in order to disguise the inflated value scheme of the other Defendants." (E.g., Ex. D ¶ 1464.) The claim against Stranieri concludes by alleging that "[a]ll of Defendants actions have been performed in a willful fashion for which civil penalties are appropriate under the Consumer Protection Law." (Id. ¶ 1675.) The underlying complaint contains no allegations of negligent acts, errors or omissions, and unambiguously alleges only willful conduct by Stranieri. The first underlying suit, therefore, is not covered by Stranieri's insurance policy, and Northland owes no duty to defend or indemnify Stranieri in connection with this lawsuit.
The second underlying suit, Pennsylvania v. Thomas P. Senofonte, et al., No. 595 MD 2003 (Pa. Commw. Ct., filed Sept. 4, 2003), was also brought by the Attorney General of Pennsylvania against Stranieri and a number of other individuals and businesses, and it alleges essentially the same behavior as the first suit does, albeit with different co-defendants. (Compl., Doc. 1 ¶ 34; Answer, Doc. 13 ¶ 34; Ex. E.) In arguing that the underlying suit alleges negligence, Stranieri points, once again, to the allegations that he would "blindly incorporate" into his appraisals the land value provided to him by his co-defendants; that he "usually appraised the consumers' homes by relying on blueprints, contracts and 'spec' sheets, and did not, in fact, physically appraise the majority of homes constructed;" and that "the acts, omissions, practices and methods of operation set forth herein are unlawful." (Defs.' Br. in Opp'n, Doc. 38, at 5-6 (citing Ex. E ¶¶ 620-21, 642).) Again, however, these acts and omissions are alleged to have been done willfully, not negligently. The complaint states that "Defendant Stranieri's overappraisal was performed in order to disguise the inflated value of the home offered by Defendant Keystone Development Co., Inc., et al." (Ex. E ¶ 642), and repeatedly states that "[t]he overappraisal (by Defendant Stranieri) was performed to disguise the inflated value scheme of the collective Defendants." (E.g., id. ¶ 653).
The count against Stranieri concludes by stating that the Defendants, "individually and collectively, deliberately engaged in a scheme by which they would overstate the price and value of the land and the home to consumers;" "planned, expected and were indifferent to the disparity between the home sales prices and the amount of the mortgage;" and "have profited from their unfair, abusive, deceptive and confusing lending practices." (Id. ¶¶ 844-45, 850.) The complaint also alleges that "[a]ll of Defendants' actions have been performed in a willful fashion for which civil penalties are appropriate," and that "Defendant Dominick Stranieri personally participated in and benefitted form [sic] the alleged unlawful and deceptive acts and practices." (Id. ¶¶ 853, 858.) Like the first underlying complaint, the Senofonte complaint contains no allegations of negligence and unambiguously brings claims only for willful conduct. Northland therefore owes no duty to defend or indemnify Stranieri in this lawsuit.
B. The Private Lawsuits
The third and fourth underlying suits, Eddie Lester, et al. v. Gene P. Percudani, et al., No. 3:01-cv-1182 (M.D. Pa., filed June 28, 2001), and Pablo Acre, et al. v. Chase Manhattan Mortgage Corp., et al., No. 1:04-cv-0832 (M.D. Pa. Filed Apr. 16, 2004), were brought by home purchasers against Stranieri and others, to recover damages caused by an alleged fraudulent scheme in which their homes were appraised at inflated values, resulting in inflated mortgage payments, taxes, insurance, and fees for the homeowners, who are as a result unable to meet mortgage payments and facing foreclosure. (Exs. F and I.) The counts against Stranieri in these suits are for conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961, et seq. (Ex. F ¶¶ 194-200; Ex. I ¶¶ 1661-67) and for fraudulent misrepresentations and other deceptive actions in violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 Pa. Cons. Stat. §§ 201-2(4)(iii) & (xxi) (Ex. F ¶¶ 201-210; Ex. I ¶¶ 1668-77).
These suits, notably, do not plead alternative claims based in negligence. In support of his argument that he has been accused of negligence, Stranieri points to certain language in the complaints, specifically, the allegation that he "failed to follow the industry standard Marshall & Swift reference book used by appraisers." (Defs.' Br. in Opp'n, Doc. 38, at 8-11 (citing Ex. F ¶ 85; Ex. I ¶ 174).) Like in the other suits, however, the allegation plaintiffs make is that Stranieri intentionally failed to comply with the proper appraisal procedures and that his actions and his omissions were willful. Indeed, other language to which Stranieri points, mentioning his "routine failure to investigate or disclose whether the subject properties being bought by Plaintiffs included land purchased by Percudani [a co-defendant] less than twelve months earlier and Stranieri's failure to investigate or disclose whether there were similar concessions in the comparable sales he cited" describes that routine failure as "[a]mong the deceptions in Stranieri's appraisals." (Ex. F ¶ 85 (emphasis added).) Reference to Stranieri's omissions in these complaints is always clearly within the context of an allegation of intentional conduct. Stranieri also cites references in the complaints to a consent agreement that, at a point in the past, he entered into with the Pennsylvania Bureau of Professional and Occupational Affairs which resulted from a complaint against him alleging his failure to conform to proper appraisal standards. (Defs.' Br. in Opp'n, Doc. 38, at 8-9, 11 (citing Ex. F ¶ 87; Ex. I ¶ 176).) It is unclear from the brief sketch of the consent agreement whether the complaint that initiated it sounded in negligence or intentional tort, but the subject of that complaint is irrelevant here. That complaint is not one for which Stranieri is now seeking to hold Northland to a duty to defend and indemnify him. And the plaintiffs in the Lester and Acre cases do not use the existence of the consent decree to substantiate any claim that Stranieri acted negligently toward them.
Further, the claims against Stranieri that are at issue today are not ambiguous; both the Lester and the Acre complaints clearly allege only intentional conduct. (See Ex. F ¶ 47 ("In furtherance of the conspiracy, Stranieri provided appraisals that intentionally and knowingly materially valued Plaintiffs' houses far above their actual fair market value."); Ex. I ¶ 137 (same)). Each complaint contains a section titled "Stranieri's Role In the Conspiracy," in which the underlying plaintiffs accuse him of acting "knowingly and intentionally;" of "enter[ing] into an agreement with Percudani to falisfy the appraisals in order to permit the Percudani Defendants to perpetrate the fraud on [p]laintiffs and to ensure that he would continue to reap enormous appraisal fees;" and of "committ[ing] overt acts in furtherance of the conspiracy." (Ex. F ¶¶ 82, 84, 90; Ex. I ¶¶ 171, 173, 179.)
As such, the underlying claims in the private lawsuits clearly allege only intentional conduct; they make no claims of negligence against Stranieri and they make no ambiguous claims.
C. The Cross-Claims in the Lester Suit
Stranieri also faces two (2) cross claims in the Lester v. Percudani et al. suit. Both the Chase defendants and the Percudani defendants in that suit allege that if the plaintiffs prove that Stranieri intentionally inflated the appraisals, that the Chase and Percudani defendants were defrauded by Stranieri when they relied on his intentional misrepresentations. (Chase Defs.' Answer & Defenses to Pls.' First Am. Compl., & Cross-Claims against Gene Percudani, Chapel Creek Mortgage Banker, Inc., Chapel Creek Homes, Inc., Raintree Homes, Inc. & Dominick P. Stranieri, Ex. G to Compl., Doc. 1 ¶¶ 18-26; Percudani Defs.' Am. Answer & Affirmative Defenses to Am. Compl. & Cross-Claims, Ex. H to Compl., Doc. 1 ¶¶ 253-58.) These cross-claims allege only intentional conduct are therefore not covered by Stranieri's policy with Northland.
IV. Stranieri's Affirmative Defense
Defendant Stranieri argues, as an affirmative defense to this action, that Northland is estopped from requesting a declaration that it has no duty to defend him because Northland has litigated the underlying actions for several years and Stranieri would be severely prejudiced in his ability to defend himself if forced to find new counsel at this late stage. (Answer, Doc. 13 ¶ 130.) For the reasons that follow, this defense raises a question of material fact that renders judgment on the pleadings inappropriate.
A. Estoppel Generally
"Equitable estoppel is a doctrine that prevents one from doing an act differently than the manner in which another was induced by word or deed to expect." Kreutzer v. Monterey County Herald Co., 747 A.2d 358, 361 (Pa. 2000) (quoting Novelty Knitting Mills, Inc. v. Siskind, 457 A.2d 502, 503 (Pa. 1983)). "The two essential elements of equitable estoppel are inducement and justifiable reliance on that inducement. The inducement may be words or conduct and the acts that are induced may be by commission or forbearance provided that a change in condition results causing disadvantage to the one induced." Novelty Knitting, 457 A.2d at 503-04.
B. The Right of an Insurer to Withdraw a Defense, Generally
The Third Circuit Court of Appeals, interpreting Pennsylvania law, faced "the precise question ... whether an insurer may terminate its defense of a claim in mid-course," and concluded "that the answer to that question can only be yes." Commercial Union Ins. Co. v. Pittsburgh Corning Corp., 789 F.2d 214, 217-18 (3d Cir. 1986). The court held that Travelers Insurance Company's policies did not oblige it "to assume the costs of defending actions against its insured after its duty to indemnify has terminated by the payment of judgment or settlements*fn1 and it has made an orderly withdrawal from the insured's defense." Id. at 220.
The court cited Wilson v. Md. Cas. Co., 105 A.2d 304, 307 (Pa. 1954) for the proposition that a casualty insurance company "is not required to defend if it would not be bound to indemnify the insured even though the claim against him should prevail in that action." Commercial Union, 789 F.2d at 218. The court concluded that where, by contract, "the duty to defend is linked to the duty to indemnify," as is the case here (see Policy, Ex. A, at 1 ("We will have the right and duty to defend any 'suit' seeking damages to which this insurance applies. However, we will have no duty to defend the insured against any 'suit' seeking damages to which this insurance does not apply.")), it follows that "absent other considerations, the insurer is not bound to defend where it cannot be bound to indemnify ... regardless of when the duty to indemnify comes to an end." Commercial Union, 789 F.2d at 218.
The Third Circuit Court of Appeals continued, "there is no principle of Pennsylvania law that the duty to defend automatically attaches at the outset of the litigation and cannot afterwards terminate." Id. at 218. And as another federal court applying Pennsylvania law has stated, "[i]ndeed, an insurer's duty to defend does not necessarily remain frozen in stasis once it is triggered. The duty to defend terminates when the insurer confines the possibility of recovery to claims outside the coverage of the policy." Strouss v. Fireman's Fund Ins. Co., No. Civ.A. 03-5718, 2005 WL 418036, at *8 (E.D. Pa. 2005 Feb. 22, 2005) (internal quotation marks and citations omitted). It is often stated that "once a third party has raised allegations against an insured which potentially fall within the coverage provided, the insurer is obligated to fully defend its insured until it can confine the possibility of recovery to claims outside the coverage of the policy." Am. Contract Bridge League v. Nationwide Mut. Fire Ins. Co., 752 F.2d 71, 75 (3d Cir. 1985) (emphasis added) (interpreting Pennsylvania law); see also Cadwallader v. New Amsterdam Cas. Co., 152 A.2d 484, 489 (Pa. 1959); Stevens Painton Corp. v. First State Ins. Co., 746 A.2d 649, 655 (Pa. Super. Ct. 2000). This language, the Third Circuit Court of Appeals stated, "should make clear, the insurer is equally entitled to withdraw when a claim clearly within the policy coverage is withdrawn and one outside the policy coverage remains." Commercial Union, 789 F.2d at 218. That is, the insurer may withdraw its defense "mid-course." See id.
C. "Other Considerations": Limits on Right to Withdraw
The holding of Commercial Union is qualified by the phrases "absent other considerations" and "after ... it has made an orderly withdrawal from the insured's defense." See id. at 218, 220. A very important "other consideration" is prejudice to the insured. See id. at 218; see also Strouss, 2005 WL 418036, at *8 (When an insurer's duty to defend terminates, "the insurer may withdraw its defense in the underlying litigation, absent prejudice to the insured."). Such considerations, though, were absent in Commercial Union. There, while the insurer "conceded at oral argument that the insurer may not abruptly withdraw from the defense of a pending case if the manner of its withdraw could prejudice the insured," the lower court had previously concluded that "the affidavits make clear that the insurer has offered to transfer the defense in an orderly manner," and the insured did not contend otherwise in its appeal. 789 F.2d at 217 n.4 (citing 553 F. Supp. 425, 432 (E.D. Pa. 1981)). Accordingly, "the manner in which the insurer may withdraw [was] not before [the court]." Id. Today's motion, on the other hand, does present that issue, as Defendants' contention in their affirmative defense is that they would be severely prejudiced were Northland allowed to withdraw from Stranieri's defense in the underlying litigation.
Lower courts within Pennsylvania have elaborated on what constitutes prejudice in such cases: In W.O. Hickok Mfg. Co. v. Unigard Mut. Ins. Co., 15 Pa. D. & C.3d 593, 595-96 (Pa. Ct. Com. Pl. 1979), the court found no prejudice to the insured, despite the fact that the insurer withdrew its defense, after eight (8) months of litigation, only eight (8) days prior to the scheduled trial date, and despite the testimony of the president of the insured company that "had he earlier learned about the noncoverage he would have employed his own counsel and conferred with him on the management of the case." The court there stated that prejudice means "financial loss that an insured suffers or may have suffered because the insurer assumed the defense. Management of the case is only relevant as it bears on that ultimate fact." Id. at 596. The court provided a nonexhaustive list of ways in which an insured may meet its burden of showing prejudice:
loss of a favorable settlement, inability to produce all testimony existing in support of the defense, inability to produce any material witness, loss of the benefit of any defense in law or in fact through reliance upon the insurer's promise to defend, or withdrawal by the insurer so near in time to trial that the insured is unable to prepare his defense.
Furthermore, under Pennsylvania law, "when an insurance company undertakes the defense of its insured, it assumes a position of trust and confidence which calls 'for the exercise of utmost good faith, particularly in view of the possible conflict of interest between insurer and the insured' such as may later develop." Woodstream Corp. v. Pa. Mfrs. Ass'n Ins. Co., 21 Pa. D. & C.3d 627, 632-33 (Pa. Ct. Com. Pl. 1982). In another case, in which the superior court held that an insurer may be "excused from defending an action against an insured on whose behalf the insurer has already paid policy limits," so long as it acted in good faith, the court cautioned:
Neither do we mean to hold that an insurer may abandon its defense of a claim within the terms of its policyin mid-course and under circumstances which are prejudicial to the rights of the insured. Having elected to defend rather than to settle, the insurer's duty is to defend in good faith and with due diligence and in such a way as to protect the rights of the insured.
Maguire v. Ohio Cas. Ins. Co., 602 A.2d 893, 896 (Pa. Super. Ct. 1992) (emphasis added). The superior court in Maguire also cited a Louisiana case that elaborated on the content of the duty of good faith in providing a defense: the insurer must make every effort to avoid prejudicing the insured by the timing of its withdrawal from the litigation. The insurer should make allowances for the time that the insured will need to retain new counsel, and should continue to represent the insured after the settlement, if necessary, until new counsel can be retained.
Id. (citing Pareti v. Sentry Indem. Co., 536 So. 2d 417, 423 (La. 1988)). The superior court's reference to these steps echo the Third Circuit Court of Appeals admonition, in Commercial Union, that withdrawal must be accomplished in an orderly manner, in order to avoid prejudice to the insured and comply with the insurer's duty of good faith.
D. Issue of Material Fact
The legal standards relevant to Defendants' affirmative defense, laid out above, are not easy ones to meet. For instance, "[i]t is well established ... that the burden rests on the party asserting the estoppel to establish such estoppel by clear, precise and unequivocal evidence." Novelty Knitting Mills, 457 A.2d at 503-04. And regarding prejudice, "where the insurer disclaims and withdraws the defense [of a claim against its insured] prior to final judgment [of that underlying claim], prejudice to the insuredis not presumedand the insurer is not estopped from raising the defense of noncoverage without proof that the insured was actually prejudiced by its conduct." W.O. Hickock, 15 Pa. D. & C.3d at 595.
Nevertheless, Defendants are entitled to offer such proof. A motion for judgment on the pleadings cannot be granted "'unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.' " Jablonski v. Pan Am. World Airways, Inc., 863 F.2d 289, 290 (3d Cir. 1988) (quoting Soc'y Hill Civic Ass'n v. Harris, 632 F.2d 1045, 1054 (3d Cir. 1980)). A material issue of fact may be raised by an affirmative defense just as it may be raised in an original claim. See, e.g., Ilan-Gat Engineers, Ltd. v. Shelter Sys. Corp., 879 F. Supp. 416, 420 (D.N.J. 1994) (denying motion for judgment on the pleadings because affirmative defense raised material issue of fact). Defendants have plead, in their affirmative defense, that Stranieri faces severe prejudice and that estoppel should apply to bar Plaintiff's motion. Whether it is possible for Northland to withdraw from Stranieri's defense in the underlying litigation without prejudicing him to the extent that allowing withdrawal would be inappropriate under the law outlined above is a question of material fact raised by the affirmative defense. That question of fact precludes granting Plaintiff's motion for judgment on the pleadings.
Because even resolving all doubts as to coverage in favor of the insured, the factual allegations in all four (4) underlying complaints would, if found to be true, demonstrate that Stranieri acted intentionally, but not that he acted negligently, and because those complaints do not contain ambiguities as to whether the claims are based in negligence or intentional tort, no claim in any of the underlying suits is covered under Stranieri's policy with Plaintiff Northland Insurance. But because Defendants' affirmative defense raises an issue of material fact as to whether Northland's withdrawal from the underlying litigation would prejudice Defendant Stranieri, judgment on the pleadings is premature. The Court will therefore deny Plaintiff Northland's motion for judgment on the pleadings.
An appropriate order follows.
Now, this 6th day of December, 2007, it is HEREBY ORDERED that Plaintiff's Motion for Judgment on the Pleadings is DENIED.
A. Richard Caputo United States District Judge
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Lightsail 1 Lands on National Mall
Posted by Susan Lendroth
Topics: Planetary Society Projects, events and announcements, LightSail, Bill Nye
The Planetary Society showcased our solar sail mission, Lightsail 1, at day one of the USA Science & Engineering Festival on Washington DC's National Mall. Engineers Chris Biddy and Justin Jang from our Lightsail team explained the mission to curious visitors while Monical Lopez, Marketing and Interactive Manager, took photos of people to send aboard the spacecraft when Lightsail 1 launches in 2011. The line to meet Bill Nye stretched across the Mall and never seemed to grow shorter!
Astronaut John Grunsfeld, whose five shuttle missions include three trips to repair the Hubble Space Telescope, dropped by our booth to sign autographs as well. It was a great day, and we will be repeating it tomorrow, Sunday, October 24, when Bill returns to the booth from 10:00-11:00 am and appears on stage at Freedom Plaza at noon.
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Would anyone have a recipe for Bourbon Chicken like they serve at the mall? It would be great to make something like that at home.
Denise from Nebraska
Try the following:
cdkitchen food court bourbon chicken
If you don't like this one, there are many other recipes for bourbon chicken on this site.
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


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Feiss F2343/4BS-LA Casual Luxury Brushed Steel Pendant
This item has been discontinued, however we may still be able to have it custom made. Prices on discontinued items are not guaranteed. Please call 877-237-9098 with inquiries.
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I started primal after reading about it a lot. It all made so much sense to me. At first, I lost a few pounds (3-4), but in retrospect, I'm sure it was all water weight. I switched to primal but wasn't restricting. When I occasionally did log my food intake on Fitday (guesstimating the quantities because I wasn't measuring or weighing my food), I always ate between 2100-2300 cals a day (but always less than 100 g carbs). When I didn't lose any more, I came to these forums to complain. I didn't hang out here constantly back then. People told me that I needed to start IFing. So I did. 16/8 at first, then 24-hour fasts. I did lose weight with the 24-hour fasts twice a week, and at my lowest, I was 13 pounds lighter than I am now. Then last June, I went to a college buddy's wedding in Chicago. All of my college friends are big foodies so we decided that it was going to be a 4-day weekend of food and booze. I gained a bit of weight after that, and I'm not sure what happened next, but I pretty much gained back everything I had lost. Then I complained on the forums again, and some people told me that maybe the 24-hour fasts broke my metabolism. So I went back to 16-hour fasts, which I still do a few times a week. I think the 16-hour fasts are pretty harmless.
Then I got the IUD (this was the very end of August) and gained even more weight (6 pounds). I'm only 5'4" so 6 pounds is a lot, especially since I gain it all in one place (waist/belly area). I still fit into jeans I had when I was in 9th grade so my hips/thighs don't really get fatter--it all goes to my belly. Anyway, then I tried VLC with carb-cycling. The high carb days would always turn into binge days because I'd be so deprived all week. That was not good. I also tried the potato hack. Whatever I did, I just couldn't lose any weight other than water weight. Then in mid-Feb, I decided that I'd had enough and stopped restricting. The binging stopped when I stopped restricting. And here I am now.


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How Indian companies have faced Volatility, Uncertainty, Complexity a Ambiguity Failure in itself is not a catastrophe, but failure to learn from failure, definitely is. It is not enough to merely train leaders in core competencies, without identifying the key factors that inhibit their use. Rather, it is resilience and adaptability that are vital in order to distinguish potential leaders from mediocre managers. Authors Suhayl Abidi and Dr Manoj Joshi bring to readers The VUCA Company (Volatility, Uncertainty, Complexity and Ambiguity), the first of its kind in India, on original case studies of 12 Indian corporate failures, since the time of economic liberalization. Each study has been the result of meticulous research over the years and provides insights into behavioural and systemic aspects of failures and under-performance. Through these engaging corporate stories, VUCA discusses how individuals and organizations can avoid, minimize and recover from failures. SUHAYL ABIDI is a practitioner of Organizational Learning a Knowledge Management. He has spent the last 25 years with organizations such as Penguin Publishing, The British Council, Reliance Industries, Essar and Piramal Healthcare. DR MANOJ JOSHI, PhD (Strategy), Fellow Institution of Engineers India, is a Professor a Strategy, Entrepreneurship and Innovation, Amity Business School. He is the Asia Editor for the International Journal of Entrepreneurship and Innovation and Regional Editor, India for the Journal of Family Business Management.a#39;Building an institution takes time, a#39; said Murali Natrajan, MD and CEO, Development Credit Bank, and a former banker at ... His case is similar to Bob Nardelli who was fired as CEO of Home Depot, the largest home improvement/ hobby retaileranbsp;...
|The VUCA Company
|Suhayl Abidi, Manoj Joshi
|Jaico Publishing House - 2015-08-01


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Beauty is the Beast
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I met my girlfriend, Sarah over the internet on one of those dating sites. We talked for several months and I eventually decided to meet her in person. I traveled to her house that was located in some apartment in a pretty urban area. I don't really like cities but I was willing to do anything for her. We went to a local restaurant and talked for hours about our interests and lives. She was absolutely beautiful, body and personality. Everything about her was so amazing. After about five hours, she finally asked the question I had been anticipating for so long, "Hey, Timothy, do you wanna go to my place?"
I answered with an excited, "Yes!" I was worried I seemed too eager and excited. Was I too excited? Did I seem creepy? Was I too desperate sounding?! Holy fuck, did I just ruin another date by being an awkward fuck?
I finally snapped out of my nervous rambling in my brain when she said, "Well, what are you waiting for?" with a sensual but loving smile.
I said, "Nothing, I'm sorry. I didn't seem weird when I said yes, did I? I usually freak out girls and they leave me after the first da..."
She put her finger on my lips. She said, "Shhh. I don't think you're weird. I think you are the most amazing person I've ever talked to. Just come on to my place."
I was so relieved that I felt like crying. We drove back to her place in her vehicle. We sat at her table for a few minutes, staring into each other's eyes. I was worried I was making it awkward but as soon as that thought crossed my mind, she said, "Want to go to my bedroom?"
I froze immediately. My heart was pounding with a mixture of excitement and fear.
I said, "WHAT?!"
She said, "I asked if you wanted to go to the bedroom, silly. Don't worry, I won't… Bite…" She softly bit my neck as she said that.
We kissed and wrapped our tongues around one another. We walked into her bedroom, still kissing and grabbing, passionately. We tossed our selves on the bed. We undressed each other. We couldn't wait to get each and every zipper zipped and every button unbuttoned. We made love and it was exhilarating. The next morning I woke up beside her. She was lying in my arms. I looked into her sweet, sweet face. She woke up after a while and her eyes met mine. She held me tightly as she was seemingly staring into my very soul.
She said, "Last night was absolutely amazing."
I said, "Yeah, you're one Hell of a lover."
She quietly smiled and chuckled. "Not as good as you are, Timothy," she said, still staring into me with her starry, blue eyes.
We sat down at the table after we cooked breakfast together. I said, "Damn, this is even better than the restaurant."
Sarah smiled and said, "It's probably because you helped."
I nodded my head no and said, "Nope. It's because we cooked it." We hugged and then eventually, I moved out of my small house in the woods and moved in with her. After a year, love took its course and we were married. Something was missing though. I couldn't quite put my finger on it. What could be missing when my lifelong dream of being loved by a beautiful, nice person had come true? After a few months, I finally came to the conclusion. I was missing home. I missed the lukewarm air of the forest, the nice scent of the forest and the company of the wildlife. I wanted Sarah to experience this too. One afternoon, I asked her, "Hey, have you ever wanted to go in the forest?"
She said, "I'm not sure. I have always kind of been scared of it to be honest."
I said, "It's not scary at all. Remember my house you visited when we first met?
"Yeah. Your house is the one place I could ever imagine being relaxed and safe feeling in a forest," she said.
I replied, "Would you be willing to move into the forest and live there with me?"
She looked at me with a surprised look on her face. "I don't know. That's a big change from the city."
I told her, "Just imagine the feeling of freedom we would have! It would just be the two of us. We wouldn't have to deal with the constant noise of traffic and we wouldn't have a bunch of assholes around us!"
She looked at me and sighed, "I guess I'm willing to do it. I love you and I'm willing to do about anything to make you happy."
I smiled and said, "I would do the same for you. I'm not being selfish, am I?" She hugged me and assured me, "Of course not. I may be nervous about moving into somewhere like that but like I said, I want to do what's best for you."
After a little while of saving up money and packing up, we found a nice cabin out in the woods. A bedroom, a bathroom, a kitchen, a dining room, and a living room. It wasn't anything too big but it had all the room we needed.
We were unpacking when she said, "This is so different. This is so, so different from the city." I was worried.
I said, "You aren't upset, are you?"
She said, "No, Timothy. I'm just getting used to it. I've always lived in the city so it's a little overwhelming."
I held her tightly. I said, "I promise I'll help you get through it." She looked at me in the eyes and we kissed. We got our stuff unpacked and we passed out on the couch from exhaustion. I had a dream that night. I woke up in a pitch black forest. The trees were covering any light that could come from the moon. My eyes got used to the darkness and saw a patch of dirt, barely lit by the moon.
I walked towards it and saw a strange object. It was a single, white rose. It wasn't like a normal rosebush. It was just one flower, sticking out of the ground. I walked to it. It was strange how nothing seemed to grow around it for several feet. I walked to it. It had a strange, black spiral pattern on it, running from the center. It reminded me of a galaxy. I heard a noise in the woods. My eyes were completely adjusted to the dark at this point so I could see pretty well so I looked around. I saw a figure. It was dark and I couldn't make much detail out. It had its back turned to me. I took a few steps forward to see what it was and then I woke up. It was morning. I noticed Sarah was gone. I said to myself, "Must have gone to work." I decided to go on a walk in the woods behind the house. I missed this. I loved the smell of the fresh, pristine air of the woods.
I ran onto a trail a few minutes into the walk. It was very old looking and had a lot of overgrowth on it. I got curious so I followed it. It went on for about a quarter of a mile. I finally reached the end. What I saw shocked me. It led to the exact place I saw in my dream. It had the rose and everything. I knew this had to be impossible. Dreams can't just become real like this. That's just psychic bullshit. As all these thoughts raced through my mind, I kneeled down and picked the rose to examine it. When I got back up, I froze. Every hair on my body rose up. As I stood there, trembling, I felt a strange, primal feeling. It was that kind of feeling you get when you know something really bad happened and you're just waiting for the aftermath.
I felt like thousands of eyes were peering into my soul. I finally snapped out of it and ran straight in the direction of the house. I dropped the rose. I didn't care at this point. I just wanted to get the Hell out of there. It was almost dark and I could hardly see. I tripped several times and almost sprained my ankle. I was running on pure adrenaline so any pain I felt didn't matter. After running the entire length of the trail, the house finally came into view. I was so relieved. I was aching so badly. I didn't understand what happened but all I could think of is how relieved I was.
The walk to the door lasted only a few minutes but it felt like an hour. I finally walked in my house. I was about to collapse on the couch when I was suddenly grabbed. I wanted to run but I was frozen in terror. I screamed and turned around.
"What is wrong, Timothy?!" It was just Sarah. I froze for a second.
I thought, "I'll sound crazy if I say what really happened." I contemplated what I'd say for a few seconds. "I was on a walk and I heard a bear," I said.
She held me tightly and said, "I was so worried. I waited for an hour when I got home. I was about to call for help!"
I hugged her and told her, "It's okay. I just got very deep in the woods."
We went to bed after all of that. I woke up because I heard a noise outside the room. I got out of bed, very startled. Sarah woke up from me jumping so bad and said, "What's wrong? What happened?"
I said, "I heard a noise outside. I'm going to go see what it was."
She said, "Please stay, I don't want you to get hurt. It could've been the bear you said you heard."
I reassured her and told her, "I'll bring my handgun and a flashlight. I'll be able to protect myself."
She said, "Okay, but promise you'll come back."
I said, "I promise you, I will."
I got my stuff and headed out of the room. I flicked the light on and walked down the hall. I checked the bathroom, nothing. Kitchen, nothing. There was nothing in the house. I opened the door to the garage and I headed outside. The feeling I felt in the woods was still in the back of my mind. I walked outside the garage. The feeling I had grew stronger with every step. I just wanted to go back to bed but I had to protect Sarah.
I flicked the flashlight on. I shined the beam into the yard. I didn't see anything. I walked down the driveway. I heard a noise in the woods. It was a crunching noise, like someone walking in the woods. I shined the beam towards the trees. There was a thick black mist in the forest. I was confused and scared by this. I have never seen anything like it. It was like fire but it was very dark.
I was wondering, "Am I really seeing this? Is it just a hallucination?" I eventually faded away. I stood there for a little while longer, still trying to make sense of what the fuck I saw. I eventually forced the thought that I was just seeing things and headed back to the house. I put the gun and flashlight up and went back to my room. Sarah asked, "What was it?" I paused, thinking back to whatever the Hell all of that shit was and replied, "It was just some raccoon. There is a lot of them around here." I felt bad for lying but I didn't want to say what happened. It sounded ridiculous. I felt like I was going fucking insane.
We went back to sleep. The rest of the week went on like normal until the nightmare happened. I went to bed as normal. Everything that night was normal until that horrid nightmare. The nightmare starts out in a barely lit room. It was strange since there wasn't a light source. The room was a fairly long room. The other side was completely dark. I backed up against the cold, damp wall. I looked into the darkness. The black fog stuff started flowing out from the darkness. I started to panic. There was nowhere to run. Some of the darkness took the forms that suddenly grasped my arms and legs. It forced me to the wall and I screamed from the pain. I saw a dark shape moving towards me. I struggled to escape.
The dark figure moved forward. It looked feminine. My heart was pounding as I saw more and more of it. I realized that this was the thing in the dream. It finally got close enough for me to see it in detail. It was a woman with very pale, white skin. She was wearing a black dress and she had very long, black hair. The weird thing about her hair and dress is that the black fog flowed from them like they were made out of it. Her face was the most terrifying thing though. It looked normal other than how pale it was except it had nothing but a pair of slightly large eyes.
The skin around them was black like she was wearing makeup but it was clear that it was organic. The irises looked almost nonexistent because they were just as black as the pupils. The sight of these eyes was terrifying. I felt them pierce into me. Her gaze was like needles. She came closer to me, with each step, I was getting more horrified. She suddenly stopped. The tendrils came loose and I collapsed to the floor. Her dress suddenly vanished. I was confused and shocked by this action.
It was then when I saw the very evil gaze in her eyes. I suddenly realized that my clothes were off. I realized what was going on now. My blood ran cold. She wanted to take advantage of me. She got just inches away from my face. She stared into my eyes with a wide eyed stare. She pinned me down to the ground. Every place her skin touched felt like knives of dry ice piercing through. She started to rape me. I was crying and trying to get away. I couldn't get out from her grip.
She tried to make each ice cold thrust as slow and horrible as possible. It was so cold it hurt. She made sure I looked into her eyes when she did this. I was absolutely mortified. I hated the fact that this thing was forcing me into this. I felt tremendous guilt when I thought of my girlfriend. I felt like I was betraying her even if I didn't have control of the situation. Finally, the thing finished. When she did, the pain of being inside changed.
It felt like heated metal surged through my body from my genitals. I screamed and she got up. As she rose, everything faded to black. I woke up with a jump. I was glad that I was out of that. That was the most horrifying experience I ever went through at that time. I didn't tell Sarah about it. I didn't want the thing to somehow get to her. These things I was seeing were definitely not just hallucinations and dreams. These things went on for a couple of weeks. I soon began to start to accept the fact that it was happening.
After I accepted this, the dreams changed. The woman started to not hurt me anymore. The pain stopped. I soon began to start getting a sick satisfaction from it. I couldn't believe it but I started to enjoy it. I felt horrible and disgusted at myself after every dream. How could I feel this way when I had a perfect, beautiful girl like Sarah. I decided to take Sarah out to dinner to try to get rid of these horrible thoughts.
She just wasn't as good anymore. I soon became bored of Sarah. The beautiful woman did everything way better than Sarah. She promised me paradise and said she would give me everything I ever wanted. There was a price though. Sarah had to go. I took Sarah out on a midnight walk. We were in the middle of the woods when she turned around and said, "I'm so glad you helped me get over my fear of… Why do you have your gun out? Did you hear something?" I pointed the gun at her head. She turned pale and tears streamed down her face. She screamed, "WHAT ARE YOU-" I shot her between the eyes with my pistol.
She dropped to the ground. Blood poured from the hole in her head. I stared at her body for a while. I thought of how I could finally live with the woman, the beautiful, beautiful woman. I had a while so I decided to write this. I am so excited to see what she has in store for me. She has finally arrived. She tells me I have to put the gun in my mouth and pull the trigger to join her. I'm so, so happy.


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I stood in front of our bookcase with my lighter poised to light this week's two candles (my son calls them "Happy Birthday To You"). A toddler on either side of me in their pajamas looking up in wonder at that flickering flame as I carefully explained that one stands for hope, the other for love.
On Monday I read 1 John's admonition to us to love one another. He said that if we love, we know God. But if we don't love, then we don't know God – because God is love.
Now, this verse is certainly not new to me. I grew up singing the song from this verse, I memorized it 3,675 times in Sunday school, Christian school, home school, and probably heard it that many more times in sermons and Bible college.
But this time it sounded different.
God is love.
Love is so much a part of His character that it cannot be separated from Him.
It is the balancing characteristic to His holiness and righteousness.
You see, we know that because God is holy, and because He lives in us, that there are certain disciplines we ought to keep, and certain activities we should avoid. His holiness and righteousness dictate that we walk in that same holiness and righteousness.
But His love reminds us that holiness and righteousness are a process. And in that process we will fail, we will fall; but His love, that balancing characteristic to His righteousness and holiness, reaches out to us reminding us: "For a righteous man may fall seven times and rise again."
When we know God in this way, it sets us free from the legalistic performance trap that locks us into continually trying harder to prove to God how holy and righteous we are.
It also sets us free to extend the same love and grace that He continually extends to us.
So that when we see a brother or sister fail or fall, we can reach out a hand to them and remind them to get up again!
Holiness and righteousness, void of love, entrap us in a cycle of comparing ourselves among ourselves and proving by our own works that we are acceptable to Christ.
Holiness and righteousness, with love, free us to live as Christ taught us to live, knowing that by His grace we are acceptable in the beloved!
And this is the love Jesus came to give. A tiny baby in a dirty manger, born to set us free from the law that demanded perfection without grace!
Come, Thou long-expected Jesus, born to set Thy people free;
from our fears and sins release us; let us find our rest in Thee.
Israel's strength and consolation, hope of all the earth Thou art;
dear desire of every nation, joy of every longing heart.
Born Thy people to deliver, born a child, and yet a King,
born to reign in us forever, now Thy gracious kingdom bring.
By Thine own eternal Spirit rule in all our hearts alone;
by Thine own sufficient merit, raise us to Thy glorious throne.
Latest posts by Rosilind (see all)
- How to Write a Prayer Strategy For Your War Room - December 4, 2016
- The Solid Faith of Joseph - December 2, 2016
- 30 Day Prayer Challenge for Worship - November 30, 2016


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> hey anon, wanna give your opinion?
2 new threads. 1 new replies.
#272 - TheUploader
Reply +6 123456789123345869(06/09/2010) [-]
Lol i hate these dumb broads. ****** in class today this chick was "yelling" her parents were rich and how she had 3 closets. I told her i dont even had one. She called me a hobo. I called her a.....BIRD BIRD BIRD> BIRD IS THE WORD


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Sr. Manager, People Operations
What We're Up To
Fueled is a product-driven venture-development firm that works with a range of startups and big brands to create compelling, successful, award-winning apps and websites. Our mission is to help entrepreneurs, whether solo or part of a thousand-person company, build and scale their business. We help people perfect and realize their visions for digital products. Other mercenary developers just churn out what a client asks for, while we strive to truly understand the problems our clients are aiming to solve and stop at nothing to build solid products that present the optimal solution. We are a lean, tenacious machine powered by 85 of the sharpest, most passionate people we could find.
Where You Fit In
You're a strategic thinker, empathetic leader, and natural mentor who will oversee People Operations at Fueled and offer a key voice and perspective to company personnel decisions. Your primary focus will be to build and maintain a strong underlying talent infrastructure as we scale, focused on setting strategy and defining an exceptional employee experience. You will ensure that decisions, programs, and processes are embedded with Fueled's values. You will foster a workplace of continuous feedback, driving a healthy culture of learning and accountability. You will be responsible for identifying opportunities to streamline company growth, engineering programs for employee development, and maintaining and maturing our already robust culture.
Role & Responsibilities:
- Oversee Fueled's recruiting efforts and hiring plan; work with recruiters, both internal and external, to ensure we reach our hiring goals; coordinate between the recruiting teams and hiring managers, ensuring seamless communication and transparency throughout
- Oversee Fueled employee onboarding, orientation, and training, including completing background checks, preparing offer letters, negotiating salary, coordinating visa efforts as needed, and preparing new employees for their first day of work
- Participate in strategic efforts around company growth and employee performance, and drive organizational excellence across all departments
- Manage employee relations, including counseling team members on issues ranging from problems with co-workers or management. Monitor discussions to identify trends and call attention to any areas of concern
- Maintain Fueled's employee handbook of policies and procedures, keeping it up to date and in compliance with applicable regulations and industry best practices
- Ensure all activities are in compliance with applicable federal, state and local employment-related regulations
- Assist with general questions regarding policies and procedures, and other areas related to Human Resources
- Conduct exit interviews with terminating team members
- Conduct compensation benchmarking studies across our global offices
- Complete/submit new hire/promotion/salary increase/termination paperwork to Payroll for processing
- Identify professional growth opportunities (events, conferences, etc) for employees and facilitate participation
- Recommend and implement procedures to improve quality and efficiency in HR department best practices
- Coordinate company-wide assessment surveys
- You have 3-5 years of experience in an Operations capacity at small-to-medium sized start-up
- You're an active listener and an effective mediator with a high degree of emotional intelligence
- You're a people person who easily builds relationships and establishes trust
- You have strong command of HR best practices and industry trends
Benefits and Perks
- Flexible vacation policy, including 8 paid company holidays
- Access to Fueled's insurance plans (healthcare, dental, and more) - effective from day one of employment
- Access to Fueled's 401k plan from day one, with tiered matching after 6 months of employment
- Opportunity to enroll in a flexible spending account
- Ability to purchase train/metrocard and other qualifying transportation costs pre-tax
- Annual performance bonuses
- Biweekly team lunches, quarterly team dinners, company outings, happy hours, and more
- Capital Award in Fueled Ventures equity plan based on employee rank and tenure
- Work in the best collective space in SoHo, conveniently located by the N, Q, R, B, D, F, M, and 6 lines.
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Guest House Alvares Cabral: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Porto, Portugal.
Guest House Alvares Cabral is situated in Porto and offers free Wi-Fi. This unique hostel is an ideal base for exploring local vineyards as it is located in Vinho Verde.
Hotel description
This 3-star hostel provides an express check-in and check-out feature, a 24-hour reception and bicycle rental. Airport transfers, a wake-up service and a laundry service are available upon enquiry.
Guest House Alvares Cabral's 12 unique rooms provide wireless internet access, heating and a ceiling fan, plus all the essentials for an enjoyable stay.
Guest House Alvares Cabral is close to Trindade Metro Station, making it easy for guests to discover Porto and its surrounding areas. It is also within walking distance of University of Porto, Douro River and Clerigos Tower.
Hotel features
Room Service
24 Hour Reception, Multilingual Staff, Wake-up Service, Laundry service, Bicycle Rental, Luggage Storage, Express Check-In/Check-Out, Self Laundry
Garden, Water Activities
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Parking, Airport shuttle
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Users who viewed Guest House Alvares Cabral also viewed these 3 stars Porto hotels:
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Travessa Antero De Quental, 360, Porto
Travessa Antero De Quental, 360, Porto
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Rua Miguel Bombarda, nr 267, Porto
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Explore Fairy Tail and more!
Photo of FT ♥ ♥ for fans of Fairy Tail. the fairy tail team except gajeel is missing what do you think?
Fairy Tail- for all of you wondering, yes I do pin things other that Fairy Tail, I'm just in a fairy tail mood


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Polyaluminium Chloride Pac Water Treatment - Chinaprice: contact company for price
1.Poly aluminum chloride bears flocculating constituent with quick forming, fine activity and excellent filterability.
2.It is no need to add alkaline auxiliaries for poly aluminum chloride whose effects remain unchangeable in case of happening deliquescence.
3.It is available for broad range PH; besides, it holds excellent adaptability and wide applications.
4.There are few salts in water after being treated.
5.It can eliminate contamination in the water from heavy metal and radioactive substances.
1.Drinking water and sanitary sewage.
2.Industrial water, industrial waste water, mine and water for oilfield injection, chemical waste water in industry of paper-making, metallurgy, washed coal and leather.
3.Industry and makes waste water recyclable: paper-making glue, printing and dying, concrete hardener, precision casting hardener, glycerine refinement, crease-resistant for fabric, medicine, cosmetics and etc.
4.Oil-water separation and has good effects in the oil refining industry.
Company Contact:
- Posted By: XUNYU CHEMICAL
- Phone: +86(0)371-56771020
- Address: No 18 Shangwu Waihuan Rd, Zhengzhou, Henan, China
- Email:
- Website: http://www.xunyugroup.com/
Published date: June 23, 2016 - Modified date: July 1, 2016
- Business Description: Xunyu Group has been active in chemical industry since 2006. Now there are fumed silica division and water treatment agent division.As a sub-company of Xunyu Group and a chemical manufacture,Henan Xunyu owns 6000 Mt/year fumed silica plant, water treatment chemical agents plant, etc.Its amount of sales in 2014 is over 650 million RMB(around 104 Million USD) , and the export turnover is 30 Million USD.
During these years in chemical industry, we realized water pollution has became a serious problem. We decide to enter the sewage treatment industry, because helping clients to increase profit is not the only purpose for us, helping clients to recognize and fulfill their social responsibility. That is the value of Xunyu Group, make a better personal life by making a better world.
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Coffee, Vintage and Kids. My Life.
My son also has big feet, but is also really tall so I expected it. He's a 6.5 right now, probably will need a 7-7.5 pretty soon, and he's 17 months old today. So yeah, totally normal, especially if your little man is tall/big in general
Life is strange and wonderful. Me , DP , DS (3/09) , 3 and 4
Ditto the PP....my 20 month old (today!) DD wears about a 4.5, and she is 25% for height but not on the chart for weight. My DS, who will be 4 on Oct 2, wears an 8, although he's probably moving into a 9 soon. Makes buying nice shoes good as their feet grow pretty slowly.
You are sooooo lucky! My daughter changed sizes almost every 4 mos until she turned 4! She's now been in the same size (10.5/11) since last summer. I'm debating new winter boots for her. Crossing my fingers that I won't have to buy them. Still teetering on the boot purchase for the boy, though, as I'm afraid his size will change before winter is out here in good old winter-in-late-spring Chicago.
Scarlett , DH Boris , DS 1/29/08 Julian DD2 6/7/12 missing our DD 1/06/06 Sonja and MC @ 9 wks 11/18/06 Satchel
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When the sun's shining and you want to keep your feet fresh and stylish, Alegria sandals are the perfect fit. Available in a wide variety of colors, sizes and exterior designs, you'll find just what you're looking for in this collection of orthopedic warm weather shoes. If you're new to Alegria women's sandals, we'd recommend testing out some of the brands most popular styles - Carina, Molly, Verona, Kleo and Karmen. You simply cannot go wrong. Whether you prefer the flexibility of Alegria flip flops or the security of strappy slip-on sandal, Footwear etc. has the look to shape your wardrobe. Order online today and you'll receive free 3 day shipping on Alegria sandal orders over $60!
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Track and Field - Archives 2016-17
The Columbia track & field teams put up impressive results at the first indoor meet of the season, the Metro Season Opener in Staten Island.
Our next Hall of Fame Series installment features an athlete that found her stride at Barnard.
Cleary joins the staff after a year with Brandeis University in Waltham, Massachusetts.
Check out the Columbia ties to the Games of the XXXI Olympiad
Ten members of the Columbia Track & Field teams and both the men's and women's teams were honored by the USTFCCCA.
Columbia rising junior Akua Obeng-Akrofi is set to be part of the Ghanian 4x100m relay team at the Rio Olympics next month.
Columbia Director of Cross Country/Track & Field Daniel Ireland has announced the hiring of Jesse Chapman as its newest Assistant Coach for Jumps and Multi Events.
Director of Cross Country/Track & Field Dan Ireland has announced the addition of 32 student-athletes to the class of 2020.


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BBS > Activities > Meetings and Workshops > Forthcoming
See also the other meetings page for details of FSC courses etc.
Forthcoming meetings 2016-17
Regional meetings are designed to encourage members who find it difficult to commit the time taken up by the Society's longer meetings to participate in field meetings, and to provide opportunities for local naturalists to improve their bryological skills in the company of BBS members. Details of the regional meeting programme for 2015 are given below. Many areas also have BBS local group meetings and details of these can be found on the BBS website. Please contact the relevant local Secretary if you wish to attend any of these meetings, and for further details.
Grimmia workshop, Blencathra Field Centre, Cumbria 16 – 18 Sep 2016
Local Organiser: Martin Godfrey (email firstname.lastname@example.com), Trainer: Ron Porley The workshop will be held at Blencathra Field Centre, Cumbria. The workshop will attempt to impart an appreciation of the characters and methods necessary for the successful naming of Grimmia collections. Because of the variability (environmentally induced) of most Grimmia, they do present a challenge especially to novices wishing to name them, and some specimens will inevitably remain enigmatic. Grimmia taxonomy has settled down in recent years but there is still disagreement over limits of variability and what constitutes distinct taxa, and some of these issues will be discussed. Many, if not most, Grimmia cannot be safely named in the field and require microscopical checking. Emphasis is therefore on developing skills (such as sectioning) in the lab, but it may be possible to do some fieldwork if time allows. The workshop is aimed at those wishing to improve their understanding/ identification of Grimmia, although beginners should also derive benefit from the session. If you have any specimens you would like to work on please bring them along. At the moment it is anticipated that the costs will be L150, please keep an eye on the website for any updates. Bookings to Martin Godfrey. Numbers will be limited to 18 to fit available classroom space.
Introduction to Liverworts Workshop - Treborth Botanic Gardens, Bangor, North Wales. 11-13 November 2016.
An opportunity to learn about the main liverwort genera and species, the workshop will consist of lectures, microscope work and a couple of field outings. Local Secretary: Lucia Ruffino. Trainers: Lucia Ruffino and Martin Godfrey. The workshop will be held in the lab facilities of Treborth Botanic Gardens, near Bangor, North Wales (nearest postcode LL57 2RQ – SH5504 7103). Arrival: 6pm Friday 11 November – workshop ends: 4 pm Sunday 13 November 2016. Please note: numbers will be limited to 15 to fit comfortably in the lab room. You will need to book your own accommodation in the Bangor area. The cost will be £50. To express an interest please contact Lucia on email@example.com or phone 07830 177564.
Intermediate Workshop: "Brachythecium and Eurhynchium s.l. - the basics" – Leicester Botanic Garden, 21 January 2017
Trainer: Martin Godfrey, Organiser: Uta Hamzaoui. This will be an indoor workshop for everyone who wants to come to grips with this group of closely related pleurocarps, many of which are common but difficult to distinguish in the field. Dissecting and compound microscopes as well as plant material will be provided, but please feel free to bring your own reference material as well as any mystery specimens. The course will take place from 10:30 to 16:30. Please bring your own lunch. Numbers will be limited to 16. Cost: £15. There are frequent bus services from Leicester Railway Station to the Botanic Garden, or, if you let us know in advance, we can arrange pick-up from the Station. The workshop can be booked online. For queries please contact Uta Hamzaoui (firstname.lastname@example.com, 0116 2940704).
Spring Meeting 2017, Jersey, Thursday 6th - Tuesday 11th April 2017
Members attending the meeting will need a car, please contact the local secretary if you wish to car share and she can put you in touch with other members attending the meeting.
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Ballard is just about the sweetest dog you'll ever meet! This guy is playful, but so respectful! He is very submissive and does not like anyone ever being upset with him! He has a few small breed foster siblings (chihuahua's and Maltese). He just gets along great with everyone! He is so eager to please and is so intelligent! He is completely potty trained and sleeps in the bed with his foster mom at night. Ballard would be the perfect addition to any family as he just wants to make his humans happy!


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Latest Comments
"This is perfect!! I can't wait to get started on my own cute little kitchen herb garden...when I get my own place, that is"
"Very intresting of what projects can be done with tp. We use them a lot for projects with children and this one will be this week project. Though, i think the colors can be more traditional with green and red or maybe golden colors with the green tree. I am sure the children will chose the traditional, but personally i like this one. Can be placed in any wall and every season."
"How cute are these fun and colorful little birds! I really like how easy they are to make. Can you really make a flamingo like mulberrygalprinces s says you can? That would be so cute to make. I love the idea of making several kinds of birds. My stepdad loves birds, so I can see making all kinds of these for him to add to the christmas tree or just to decorate the house."
"What a fun and festive way to use up a pile of paper clips that you never use! I love that you made them in various colors. I think it is so neat to use magnets on them too. You could use them to hang pictures from on a refrigerator or file cabinet."
Linen and Lace Summer Scarf
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Scarves aren't just for fall and winter -- a lace-trimmed linen scarf is the perfect accessory for warmer weather. If you want to add a touch of color to your summer fashion, this easy-to-make scarf from Jenya of MyEvaForeva fits the bill.
- Good quality pure linen, 1-1/2 to 2 yds. x 50" to 60" wide
- Flat lace, 2-7/8 to 3-3/8 yds.
- Sewing machine
- Serger (optional)
- Thread
- Scissors
- Serge the shorter edges and use a fancy picot edging stitch on longer sides. If you don't have a serger you can use your sewing machine and do a running stitch on a narrow folded edge.
- Attach the lace to your shorter edges using a sewing machine. To secure exposed sides of the lace trim I just used a zig-zag stitch.
- Now submerge the whole scarf in cool water and them squeeze the water out. Let the scarf dry a bit. When it's still slightly wet twist it really well like shown below and let it dry completely. Once it's dry, open it up and give it a good shake.
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Apr 30, 2016
I agree arodriguez. This scarf is so beautiful. So simple yet so elegant. And the choice of color is just so cool and classy. Thanks for the sewing instructions.
arodriguez 5298921
Jan 29, 2016
I absolutely love the color of this scarf as well as the tiny lace detail. It is a spring scarf that everyone should have in their closet.
antoinettegrussell 0668209
Apr 14, 2014
This is a great idea for people (like me) who live in hot countries and need sun protection of the neck and decolletege while keeping cool. I like this scarf and will try to make it. It could be used as a wrap for cooler summer evenings as well.
magginkat 4915793
Jun 18, 2013
Too....too bulky. 58-60" wide? 2 yds long? I'm a fan of skinny scarves. This looks more like a blanket of some sort.
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10-16-2006, 12:32 PM #1Newbie
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10-16-2006, 03:07 PM #2Newbie
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I just wanted to add that our servers are currently in Texas, US. All our staff are UK based etc and we will be getting a new UK server soon. There is 24/7/365 access to support from the US network and the internet backbone is very reliable.
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I would like to add - SpeedHosting is a brilliantly run hosting provider, i've had no problems with them and have brilliant support staff if you've got a question.


text: In evaluating investment opportunities, I consider a company's management, products, customer relationships, competitive positioning, financials, the macroeconomic climate, social media response and other sources. I arrive at my own conclusions, tuning out the noise of the marketplace. My investment choices are typically based on a holding period of at least two to three years. Influences include Nassim Nicholas Taleb, Howard Marks, Joel Greenblatt, Steve Romick and Warren Buffett. My academic studies were in literature and psychology; I've supplemented this with extensive reading in business, economics and investing.