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Deposit Premium Alternative Billing – Resolution 2010-04 – Deposit premiums are typically paid in full when billed annually. In the event a member is unable to make the annual payment due to financial difficulty, they may request semi-annual or quarterly billing.
EPL Rate Stabilization Fund – This resolution establishes a fund that may be used to off-set primary and/or excess employment practices liability (EPL) rates or assessments.
Grant Program Administration – The Safety & Loss Control Grant Programs assist members to improve safety in both the community and the workplace. The Board of Directors annually review funding.
Liability and Workers Compensation Funding Policies – Policies outline the funding requirements for the self-insured programs including: prospective funding confidence level, minimum overall confidence level, target equity, rate stabilization, equity distribution, and financial benchmarks.
Liability Program – Funding Policy
Liability Program Minimum Premium for New Members – New members are charged a minimum if there is insufficient payroll and/or loss data to calculate an appropriate premium and does not include excess coverage.
SIR Adjustment Policies – Every three years PARSAC reviews the appropriateness of each members’ SIR based on several evaluation points.
Liability Program – SIR Adjustment Policy
Statement of Investment Policy 2018/2019 – This Statement of Investment Policy, is adopted annually by the board of directors. The policy covers all funds and investment activities under the direction of PARSAC and its advisor, PFM Management, LLC.
Subcommittee Training Stipend – This policy is intended to reward members who invest extensive amounts of time in PARSAC and to encourage increased subcommittee participation.
Travel & Expense Policy – The policy outlines general travel guidelines, covered expenses, and non-allowable expenses.
In compliance with California Government Code §12463 and the Public Employees Retirement Law (PERL) Chapter 570.5, PARSAC’s salary schedule for the current fiscal year is provided below. The schedule includes all approved positions (filled and unfilled), which enables PARSAC the flexibility to meet changing operational requirements. The below schedule is also available at the PARSAC offices:
Salary Schedule – Current Fiscal Year
Additional information regarding total compensation for California public agencies can be found on the State Controller’s website: https://publicpay.ca.gov/Reports/SpecialDistricts/SpecialDistrict.aspx?entityid=2954.
Prudent fiscal investment has been a key component of PARSAC’s successful accumulation of equity. PARSAC’s $35 million portfolio is actively managed by PFM Asset Management with a majority of funds invested in US Treasuries and Agency securities. Municipal bonds and medium-term corporate notes were added to the investment policy in 2013. Click here for the current investment policy, which is adopted annually by the Board of Directors.
The Treasurer’s Report includes a detailed transaction listing from our investment advisor in addition to the statements from Union Bank and Local Agency Investment Fund (LAIF). If you have any questions about the report, please give us a call at (800) 400-2642.


The novel coronavirus epidemic could spread to around two-thirds of the world’s population if it cannot be controlled, according to Hong Kong’s leading public health epidemiologist.
His warning came after the head of the World Health Organisation (WHO) said recent cases of coronavirus patients who have never visited China could be the “tip of the iceberg”.
Professor Gabriel Leung, chair of Public Health Medicine at Hong Kong University, said the overriding question was to figure out the size and shape of the iceberg. Most experts thought that each person infected would go on to transmit the virus to around 2.5 other people. That gave an “attack rate” of 60-80%.
“Sixty per cent of the world’s population is an awfully big number,” Leung told the Guardian in London, en route to an expert meeting at the WHO in Geneva.
Even if the general fatality rate is as low as 1%, which Leung thinks is possible once milder cases are taken into account, the death toll would be massive.
He will tell the WHO expert meeting that the main issue is the scale of the growing worldwide epidemic and the second priority is to find out whether the drastic measures taken by China to prevent the spread have worked – because if so, other countries should think about adopting them.
Leung – one of the world’s experts on coronavirus epidemics, who played a major role in the Sars outbreak in 2002-2003 works closely with other leading scientists such as counterparts at Imperial College London and Oxford University.
At the end of January he warned in a paper in the Lancet that outbreaks were likely to be “growing exponentially” in cities in China, lagging just one to two weeks behind Wuhan. Elsewhere, independent self-sustaining outbreaks in major cities globally could become inevitable” because of the substantial movement of people who were infected but had not yet developed symptoms, and the absence of public health measures to stop the spread.
Epidemiologists and modellers were all trying to figure out what was likely to happen, said Leung. Is 60 to 80% of the world’s population going to get infected? Maybe not. Maybe this will come in waves. Maybe the virus is going to attenuate its lethality because it certainly doesn’t help it if it kills everybody in its path, because it will get killed as well, he said.
Experts also need to know whether the restrictions in the epicentre of Wuhan and other cities have reduced infections. Have these massive public health interventions, social distancing, and mobility restrictions worked in China? he asked. If so, how can we roll them out, or is it not possible?


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Supervisor Mark Ridley-Thomas, Second District, L.A. County
With: Steve Clemons, The Atlantic
Steve Clemons is Washington editor at large for The Atlantic and editor of Atlantic Live. He writes frequently about politics and foreign affairs.
Clemons is a senior fellow and the founder of the American Strategy Program at the New America Foundation, a centrist think tank in Washington, D.C., where he previously served as executive vice president. He writes and speaks frequently about the D.C. political scene, foreign policy, and national security issues, as well as domestic and global economic-policy challenges.
Mark Ridley-Thomas is a member of the Los Angeles County Board of Supervisors for District 2. He served as a California State Senator, representing the 26th district from 2006 to 2008 and was a California State Assemblyman representing the 48th district from 2002 until 2006. He was Chairman of the Assembly Democratic Caucus. Before his six years in the Legislature, he was on the Los Angeles City Council from 1991 to 2002.


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Buckman Law Firm provides high quality, aggressive, and cost-effective legal illustration throughout Oklahoma in all state and federal courts. The agency was founded by veteran trial legal professionals well-versed in bad religion and insurance coverage. We symbolize clients in bad religion cases and other coverage disputes. The limits out of your previous policy years stay in place to pay any future claims after the tip of the policy . Find out the way to insure your horse float and get appropriate cover for damage, theft, liability and vandalism. Your comprehensive guide to car insurance exclusions and the situations and occasions your policy gained’t cover.
Since tail coverage may be expensive, you can consider which state of affairs makes probably the most sense for you. This tiny detail can have a massive effect in your premium and exposure to potential risk. Speaking with our commercial group may help you understand how this particularly impacts your family, business, or both. Our design insurance professionals may help you craft a proper policy for your client’s situation and allow you to make the choice of claims made vs occurrence.Call us at present. Normally, when your car is broken at two separate occasions by two separate causes, your full deductible will apply to each occurrence. However, it’s possible for exceptions to be made in the case of storm damage.
It isn’t uncommon for an insurance company to limit the period of coverage for prior acts or prior losses. Insurance companies accomplish this by using the ‘retroactive date’ provision. The retroactive date provision excludes any claims that come up from injuries or damage that occurred previous to the desired ‘retroactive date’. Insurance companies take two drastically totally different approaches when writing liability insurance.
The main advantage of an occurrence policy is that it is permanent. The time frame your small business is insured under an occurrence policy is protected eternally by that exact policy. With an occurrence policy the business by no means must renew or buy a tail whenever you go away. A claims-made policy covers the insured for an incident that occurred through the policy period and was reported as a claim while the policy remained in pressure.
Business owners who typically purchase claims made with GL or skilled liability insurance coverage include contractors, attorneys and medical professionals. The commonest types of insurance policies written on a claims made basis embrace skilled liability, directors and officers E&O, in addition to employment practices liability insurance . Switching from an “Occurrence” to a “Claims Made” form is the least perilous change.
Retroactive date is typically the start date of the first annual claims made policy. Businesses that proceed to renew their coverage will generally retain coverage again to the original date of coverage. Insured should report claim, or potential claim, to insurance service throughout policy interval. The major drawback to occurrence insurance policies is that they cost extra upfront because they apply for such a protracted time period after the policy ends. In addition to homeowners insurance and auto insurance, medical professionals like physicians and surgeons often require another kind of insurance—medical professional liability insurance. Professional liability insurance, also referred to as medical malpractice insurance, protects them towards loss ensuing from acts, errors or omissions of their efficiency of professional duties.
Most professional, errors and omissions (E&O), directors and officers (D&O), and employment practices liability insurance is written on a claims-made foundation. If you’re still not sure, you can go forward and begin the claims process anyway. For example, flood damage isn’t covered by home insurance, but if your basement sustains important water damage, it isn’t necessarily as a result of a flood and could also be coated. Years later Client X sues you for services you offered while insured. You are lined as a result of 1) You extended the time you needed to report the claim indefinitely and 2) The service in question was provided when you had been coated by the underlying policy.
By doing so, physicians can keep practicing and specializing in the features of their job and life that truly matter to them, and take the fear of things like a potential malpractice swimsuit off their mind. Colin is the CEO of LeverageRx, an online lending and insurance marketplace for docs. Colin has over 10 years of expertise in monetary services and is a licensed life and medical health insurance agent. Read by way of the real experiences of Hiscox indemnity customers and perceive the methods we will work to guard you and your corporation from potential legal threats. LexisNexis has twice acknowledged his blog as one of many Top 25 Blogs on Workers’ Compensation.
5 years might not even be obtainable, and whether it is, it may be expensive. Once an Insured is hooked on a “claims-made” policy it is troublesome to get off. The Insured is given a 90 day “tail” coverage extension which can typically be extended to 1 / 5 years, and even this is at the possibility of the Insurer, and isn’t under the management of the Insured. This insurance doesn’t apply to “bodily harm” or “property damage” which occurred earlier than the retroactive date, if any, shown within the Declarations.
- The selection impacts your coverage, so it’s important to understand how they work.
- Evaluate the probability of a long delay between your services and a potential lawsuit, based on the kind of work you do and the laws in your state.
- Many claims-made policies present an automated ERP if your insurer cancels or non-renews your policy, replaces it with an occurrence policy, or advances the retroactive date.
- The swap from one insurance service to another usually occurs during a job change.
- Insurance services and products are provided via Physicians Thrive, LLC , an affiliated company.
The alternative impacts your coverage, so it is essential to know how they work. An occurrence policy has lifetime coverage for the incidents that occur throughout a policy period, regardless of when the claim is reported. It is important to notice, that many hazardous products with a long product life could also be unimaginable to insure with an Occurrence Policy. I believe it is because an insurance service can better reduce their losses by non-renewing a claims-made policy versus an occurrence policy. A claims-made policy covers you only as long as it remains in drive and active. Therefore, that means the insured can’t cancel this policy and count on it to offer coverage later.
A retroactive date just isn’t needed for an occurrence policy as coverage is for the for acts that occur in the course of the policy period, regardless of when the claim is made. Since the incident occurs inside the policy interval, it’s going to still be lined beneath an occurrence policy although it was reported after the policy’s expiration date. They require a strong understanding of the policy language used in the insurance contract. Claims made coverage is triggered by the insured’s awareness of potential claims and notification of the claim to the insurance company. Failing to properly notify the carrier can doubtlessly void any coverage. In most instances, general liability insurance insurance policies fall within the occurrence variety.
Maybe you’re leaving a job, you’re retiring, otherwise you’ve just let your insurance coverage expire. If there’s any type of change in your professional liability insurance, you’ll wish to know all about tail coverage protection. In general, through the first year of malpractice coverage, you can expect to pay 60 percent to 70 percent less in premium with a claims made policy than a similar occurrence policy.
They drag their ft, take too long to contact you, and function in bad religion. If your TV is value $2,000, for example, and your laptop is worth $1,500, then your homeowners insurance pays you $3,500 to compensate for the lack of these items. In this example, your insurer works via the identical step-by-step payment process mentioned above. If your house has in depth fire or water damage, for example, then it could possibly be a total loss.
Whether a policy pays out will depend on many issues, including the time frame it covers. An insurance policy is usually legitimate for 12 months – so certainly the time frame it covers is obvious? Policies can be written on two bases – ‘claims made’ or ‘claims occurring’, generally additionally ‘claims arising’ or ‘losses occurring’. The Retroactive Date in a policy is extraordinarily important in a ‘Claims Made’ policy, and that is normally the date at which cover was first incepted.
An occurrence-primarily based policy covers losses that occur through the time you have the policy, no matter whenever you file a claim. It is designed to protect you towards lengthy-tail events – incidents that might cause damage or damage years after they occur. For example, a chemical spill is an extended-tail event as a result of it usually takes many years to provide seen injuries or disease. Occurrence-based insurance is a type of policy that pays for losses that occur in the course of the policy interval, even if it’s no longer energetic whenever you file a claim. But on the other hand, with occurrence based insurance policies you by no means need to purchase run off cover which you need to do with claims made insurance insurance policies.
Since claims-made policies have less coverage at risk as a result of their limits by no means reset, they cost much less initially than occurrence policies. However, premiums typically improve to mirror a higher risk chance. Occurrence-primarily based insurance policies have higher premiums, however their cost stays secure over time. Basically, claims made means that you are covered for claims made against you in the course of the CURRENT period of insurance, regardless of the date when the incident happened. There are numerous liability classes which are significantly affected, including skilled indemnity, directors’ and officers’, employment practices and management liability, which are written on a claims made basis. Unlike an occurrence policy, you don’t have any residual limits protecting you for historical incidents underneath the expired policy.
This implies that the policy will afford one maximum amount of insurance to cover all prospective claims that could be brought in opposition to a given practitioner. If you decide to alter your present insurance, you’ll need to discover your tail coverage choices. Your earlier insurance policy could have tail, or your new employer’s policy may need nostril. And if nothing else, consider a separate policy that at all times insures you and solely you. In virtually all states, if you buy an extended reporting interval out of your present carrier, you will only have entry to the remaining policy limits of liability for the duration of the tail. The additional premium you pay buys you extra time for reporting claims, but no more limits.
Insurance Coverage Options
If a claim is made towards you by a consumer, your professional liability insurance involves your defense. Also generally known as “errors and omissions” insurance, it protects you from the threat of ruinous legal bills and defends your agency. Additionally, claims made insurance policies are step-rated which also leads to additional cost savings in the course of the first few years of claims made coverage. You are insured for any coated incident as long as it happens on or after your prior acts date. A policy form is stuffed out every year, regardless of whether you might be switching carriers or not. While your present service may already understand how lengthy you have maintained coverage, if you’re switching carriers, informing the brand new service of the date you began your coverage is very important.
A Claims MadeInsurance Policy covers claims filed during a given time frame. In most circumstances, a claim must be filed through the term of the claims-made policy to ensure that it to be lined by the insurance service. If the claim is filed two months after the policy has ended, the claim won’t be lined.
For the purposes of demonstration, it will compare the occurrence version of the ISO general liability policy with its claims-made cousin. Many insurance companies require that you have already got a specific amount of liability car and homeowners insurance in place before promoting you an umbrella policy. Generally, you have to even have at least $300,000 in liability coverage for your home. Check together with your insurance company concerning its umbrella necessities. Anumbrella policyis a liability insurance policy that dietary supplements your house’s personal liability portion, condo or renters policy. If you lose a lawsuit, all of your property are at risk, which is why umbrella insurance policies play a critical position in ensuring you have enough protection.
Essentially, once the policy has lapsed you not have coverage. In many respects, the claims-made CGL is identical to its occurrence counterpart. The exclusions, limits, definitions, and “who’s an insured” sections in the two varieties are very related. The personal liability coverage component of your homeowner’s insurance would doubtless cover any of these accidents and pay for your neighbor’s damages.
It’s crucial right here to understand that the coverage trigger is the bodily harm or property damage that happens on account of the occurrence or event. As long because the BI/PD occurred through the policy term the duty of the insurer to respond stays even when a claim or lawsuit looking for damages is filed months or even years after the occurrence policy term has ended. As a business owner buying insurance on your company, not knowing the distinction between claims-made and occurrence policies may prove to be a pricey mistake. And whether or not you buy a claims-made or occurrence policy may have a particular effect on not solely how a lot you’re paying in your coverage, but additionally what the lifecycle of your coverage will appear to be. The purchase of a completed operations coverage extension on a CEL policy that will not be renewed.
When it involves homeowners insurance, liability is not technically required, however it’s very tough to find a policy that doesn’t include some liability. “While it’s possible to get a homeowner policy with no liability component, it wouldn’t necessarily be cheaper as today insurance is bought as a package deal,” says David Meltzer, founding father of the East Insurance Group. For example, if you push someone down your staircase, you will be on your own for all payments related to the incident. When it comes to coated events, often anybody considered a family member and lives in your house could be covered by your policy. This contains your spouse, children, aging parents who reside with you and staff who work in your home, corresponding to child care suppliers. According to an Insure.com rate evaluation, you are typically paying round $10 a year for each $100,000 in coverage.
The authentic CEL insurance policies had been by no means designed to be used to insure environmental loss exposures inside buildings. This coverage design deficiency manifests itself in the type of elementary coverage defects like no effective coverage set off for the cleanup of fungus/bacteria, for instance. Bodily damage by disease can be covered if the final day of the worker’s final exposure to the illness-inflicting circumstances occurs in the course of the policy term. If you not need coverage, you should buy a “tail” to guard you for the previous . It is important to grasp the difference between the two most common kinds of professional liability insurance plans – “Claims-made” and “Occurrence”. Because the damage occurred earlier than the retroactive date, the claim isn’t coated.
Two types of widespread insurance insurance policies are “claims made” insurance policies and “occurrence” insurance policies. Whether you’re just starting to look into life insurance coverage otherwise you’ve carried a policy for years, there’s at all times something to be taught. A claims occurrence form can be recognized simply as an occurrence form. Both types of coverage have major policy limits of liability out there in quantities up to $1.3 million/$3.9 million (every person/annual aggregate) for physicians and surgeons, and and up to $2 million/$6 million for dentists. In the case above, if you do one thing negligent and then retire the following day, you will want to have ‘run-off’ preparations in place to cover any claims that are made after you stop paying the policy premiums. These run-off preparations are typically constructed into the policy, however in other cases require additional funds to be made.
A Claims-Made and Reported policy has many similarities to a Workers Comp policy. While Workers Comp insurance policies usually are not Claims Made Policies, the concept is similar. Claims Occurring and Claims Made are the 2 bases of canopy for liability insurance.
If the insured knows there’s a need for the ERP choice to be exercised, paying up to 300 percent of the premium originally paid for the policy to purchase the ERP option will appear cheap on the time. I should also add that, in 34 years within the environmental insurance business, I actually have never needed to exercise an ERP within the face of impending claims. Purchasing a CEL policy that has a policy term long enough to embody the need to insure completed operations, usually 7 years after the project is completed in most states, will meet the statute of repose. Again, occurrence or claims-made-based mostly coverage varieties would want a policy period long enough to handle the completed operations loss exposure period. The occurrence form is the original contract created by the insurance industry. The claims-made form was devised later in response to long-tail claims such as asbestosis that may take years to manifest itself.
If you have a claims-made policy and a claim is made in the course of the policy period, then the insurance applies. Considering that many medical doctors feel extra comfortable with larger limits, an elevated restrict of liability can determine whether or not a claims-made policy is best for you. For occurrence insurance policies, there isn’t a need to purchase an extended reporting period or tail coverage as a result of incidents that happened in the course of the policy regardless of when the claim is reported to the provider are coated. A claims-made policy refers to an insurance policy that provides coverage primarily based on when a claim is made towards it, somewhat than when the claim occasion occurred. While the occasion should have occurred through the policy period, the coverage that responds is the coverage that’s in place when the claim is made, not when the occasion occured. Business insurancepolicies are sometimes provided as either a claims-made policy or an occurrence policy.
Prior to becoming a member of Protexure, she centered on equipment breakdown insurance and inspection services for large commercial accounts. Jody enjoys working with naked corporations and serving to them with their coverage wants. Another attribute distinctive to claims made policies is the method of step rating. That date remains the same and isn’t advanced as long as you renew your policy. For example, if you have a prior acts date of 2015 in your policy and it is now 2020, your policy covers you for the last 5 years.
In different words, any claim filed after an occurrence policy expires will still be covered, as long as the incident occurred during the policy term. If you cancel a claims-made policy, it is recommended that you just get hold of tail coverage to supply coverage for claims for alleged incidents that happened but weren’t reported while the policy was in effect. Also referred to as an “extended reporting period,” tail coverage is an additional characteristic you would possibly buy after canceling an current policy or letting one lapse. With tail coverage, you’re still insured if a claim is filed towards you after the policy ends. Tail coverage could be purchased as a supplement to an current policy, or it can be bought separately as your solely type of liability insurance — like if you retire.
When you begin a claims-made policy, the unique inception date, often known as the retroactive date, turns into a permanent part of the claims-made policy. The retroactive date stays the identical each year the policy is renewed. The renewed claims made policy covers claims that come in in the course of the policy year for incidents that occurred on or after the retroactive date. As long as you renew a claims-made policy, you’ll be continually protected for incidents that occur between the retroactive date and the policy expiration date.
The great thing about umbrella insurance policies is that they are very affordable for the quantity of coverage they provide. While prices will vary relying on your personal circumstances, anticipate to pay around $150-$200 for $1 million in coverage. Umbrellas are often offered in $1 million increments as much as $5 million. Since you do not own the unit, you are not required to hold a renters policy. However, renters insurance is extremely affordable and will not only replace your belongings in case your apartment is robbed, but it also provides liability within the event someone is injured in your apartment.
As with a home, a condo requires a homeowners policy, and it is very difficult to exclude the liability portion of the policy. It is also attainable that your condo affiliation would require a certain quantity of liability coverage. Typically, the condo affiliation has its own liability policy in place that can cover outside and common areas. Still, you’re responsible for someone’s injury or property damage within your home . We will provide you with a take a look at the varied types of personal liability, do a rundown of the non-public liability coverage prices, beneficial coverage limits, the kinds of coated incidents and review some expert tips.
But in the event that they decide that you’re a “high-risk” driver, one who is incessantly caught speeding or driving recklessly, then you possibly can most likely anticipate a non-renewal of your policy. Emily Delbridge is an authority on car insurance and loans who contributed to The Balance for nine years. Delbridge is a licensed Personal Lines Insurance Agent who has been within the insurance business since 2005.
So while the preliminary decrease rate of the claims-made policy makes it interesting, by the fifth year that a claims-made policy is in pressure, the premium has stepped up to be very near the conventional rates for occurrence coverage. Many medical skilled liability claims take a long time to develop, so a doctor may not receive notice of the claim till years after the incident occurred. For example, if a doctor retires, allowing his/her insurance policy to finish, and a claim comes in six months later, he/she would require tail coverage to guard towards the claim.
You organized pickup for a forty foot high dice container containing one piece of machinery at your consumer’s warehouse for shipment to Datong, China. The shipment was covered by a letter of credit which included two necessary factors – a latest supply date to the customer as well as the machine was to be in good working order for payment. Whatever you decide, it would be best to make sure that you don’t end up beginning a brand new phase of your life abruptly handling a claim for an incident that happened prior to now and be forced to pay out of pocket. Be aware that the timeframe allowed for bringing a lawsuit can differ fairly a bit from state to state, and medical malpractice lawsuits could be filed even many years after your services are performed. Evaluate the chance of a long delay between your services and a potential lawsuit, primarily based on the type of work you do and the legal guidelines in your state. You usually have about 30 days after the top of your current policy to inform your service that you just would like to buy the tail and what size of tail you need.
Other contractors acquire a course to pay form, then disappear together with your insurance money without performing repairs (or after performing low-high quality repairs). Find more tips on what to look out for with insurance claim contractor scams. Instead of receiving a single check for $100,000, for example, you may obtain an initial verify for $20,000 and then a last check for $80,000.
Medical malpractice normally does not cover liability that arises from felony acts or sexual misconduct. It is crucial to know what your insurance policy would particularly cover and what it does not to be sure to are adequately protected. It can be necessary to know the amount of coverage for each occurrence and all claims that may be made in opposition to you. You’ll need to buy an extended reporting interval if you decide to move from claims made to an occurrence form, cancel coverage altogether, or change the retroactive date for any reason.
Medical liability insurance is required in virtually all states and most medical methods as a requirement to practice. In distinction, occurrence coverage requires that the policy that was in force on the time of the occurrence is the policy that responds to the claim. This may mean that a policy that was in drive several years ago may have to reply. Because insurance companies are capable of maintain monitor ofcurrentclaims activity/expenses/potential settlements/other prices, they can cost much less for claims-made coverage. Insurance companies have a better deal with on their actuarial data when the claims information could be seen within the current year.
Let’s say your small business has a commercial general liability insurancecoverage written on an occurrence form. During your policy period, your customer breaks their arm after a slip and fall. However, they don’t file a claim till a year after your policy expires. Because they received damage while your policy was in effect, the claim will still be covered. The International Risk Management Institute citesoccurrenceas a policy masking claims that arise out of injury or damage that occurred in the course of the policy interval, regardless of when claims are made.
A claims occurrence form is a type of liability insurance during which the insured is covered for a damage-causing occasion that happened through the policy interval, even when the claim is made after the period of coverage is over. This is particularly essential for professions or industries where the effect of loss or damage can present itself lengthy after what caused it. A claims made insurance policy covers insurance claims filed throughout a given time frame. Generally talking, a claim have to be filed while a claims made policy remains to be in effect in order for it to be coated by the insurance carrier. This type of policy form is usually inexpensive than an occurrence policy as there isn’t any automated coverage in place as soon as the policy has ended.
Some insurers provide the option to buy an extended-reporting period or tail coverage for some claims-made policies. An ERP gives you the power to file claims even though you have no current insurance. This is particularly necessary for claims-made polices regarding construction, malpractice or different exposures that have a high probability of a claim occurring lengthy after the ‘work’ was complete. However, an ERP only applies to losses that occurred during the prior policy interval and for which you now need to file a claim. If a brand new loss occurs after you cancel your policy, you’ll still be uninsured.
You are not eligible for the switchover credit if you had been beforehand covered by your employer. Proof of coverage can be a copy of your declarations page, a memorandum or verification of insurance, or some other legitimate documentation from your previous insurance company. If Agent A lost the account to Agent B, does Agent A have any additional duties? Insureds regularly transfer their coverage from one claims-made form to another claims-made form. While there’s the potential for coverage variations, as long as the retro date is similar on both insurance policies , there’s minimal probability for a coverage hole.
Regarding an occurrence policy, the question is whether or not bodily harm occurred when the damage “manifested” itself or occurred when the injured party was first “uncovered” to the toxin. How an insurer defines occurrence might differ from service to service, so ensure to discuss this with an ALIGNED Insurance Advocate. The Occurrence form provides coverage when the policy is in pressure and after the cancellation of the policy as long as the claim reported have been for incidents that occurred inside the coverage dates.
Your policy ought to state clearly on the Declarations Page what sort of coverage you have. One advantage of getting this sort of policy is that the time period you’re insured is protected “endlessly” by the occurrence policy you had that year. When your policy interval has ended, there is no need to renew the policy or purchase “tail coverage” to cover events out of your policy period. As a business owner, if you face the chance of unknown or unreported claims arising lengthy after your policy interval is over, an occurrence policy could be right for you. Under a “claims made” policy, coverage is triggered when, in the course of the policy period, an insured turns into conscious of and notifies the insurer of both claims towards the insured or conditions that might give rise to such a claim.
Just make sure the brand new service agrees to cover claims arising from your previous work that you didn’t find out about or anticipate. This is often not an issue if you don’t have any lapses in coverage. Let’s say you have a claims-made policy that expires at the end of the year.
If you are currently insured elsewhere, simply submit an utility and embrace proof of coverage from your most recent policy that shows your retroactive date. An experienced underwriter will review your application and your past coverage and work with you to ensure there are no gaps in coverage. You are solely eligible for this selection in case your coverage is currently energetic with another carrier. If you switch your Professional Liability coverage to The Trust from another company, The Trust will give you 10% off your first year’s premium.
If a medical malpractice claim occurs anytime through the three years the policy is lively, you are coated. Bilateral Extended Reporting Period Provision is a reporting interval extension supplied to policyholders in claims-made liability insurance policies. If two policies present the equal coverage however one is claims-made and the opposite is occurrence, the claims-made policy is usually cheaper. This is especially true through the first few years of claims-made coverage. Many other kinds of liability insurance are written on occurrence forms. The liability section of the usual business auto policy covers bodily harm or property damage and related pollution prices attributable to an accident.
Other coverages, like worker benefits liability, could also be out there on both sort of form, but the occurrence model may be very expensive. Because claims-made varieties afford less coverage, they’re normally cheaper than occurrence forms. The coverage gap cited above may have been avoided if you had bought an extended reporting interval.
The major advantage of occurrence policies is that they cover claims filed through the policy interval or anytime thereafter. As long as the triggering occasion occurred through the policy period, any claim that results ought to be coated. To decide whether you need a claims-made policy or an occurrence policy, you have to determine which one makes probably the most sense for your small business. Since every business is exclusive, what works for one company may not work for yours. Tail Coverage, or, officially, an extended reporting interval , is an additive option that turns into obtainable only after a policy has been terminated.

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The diamond search field at Crater of Diamonds State Park, on Arkansas 301 in Murfreesboro, reopens Friday to diamond hunters — with some restrictions.
The park will limit admission to 500 people per day by ticket — $10, $6 for children 6-12, free for children under 6, at CraterofDiamondsStatePark.com; it’s the same price the park has been charging for admission before the covid-19 crisis.
Any tickets that have not sold online will be available to walk-up visitors at the park Visitor Center, which will have a maximum occupancy of 15.
“We are the only diamond mine in the world where you get to keep what you find and the lifetime memories our visitors make searching for a diamond are important to us,” Arkansas State Parks Director Grady Spann said in a news release. “In order to reopen at this time, however, we will be enforcing some restrictions during this public health emergency to keep everyone safe.”
The restrictions include:
• The park will not provide any tool rentals; guests are asked to bring their own tools as described at the park website — no electric or gas-powered digging tools.
• Face coverings will be required at the Visitor Center, Diamond Discovery Center, North & South Sluice Pavilions and all four Sun Shelters; however, children under 10 need not wear coverings.
Guests and groups who are not wearing face coverings should keep a 12-foot distance from others.
The mine is open 8 a.m.-4 p.m. daily; Visitor Center hours are 8 a.m.-5 p.m.
Walking trails, picnic areas and RV camping at the park will remain open to all visitors. The Diamond Springs Water Park will open at a date to be determined.

domain: news


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domain: design


text:
When You Go
Addressing the touchy subject of who gets your benefits after you die.
Perhaps it is a sign of age or maybe just a sign of the uneasy times we are living in, but the subject of death has come up in several of my conversations lately. Not that anything is wrong or anticipated, but the topic has been on the water cooler list. For instance, during a recent dinner with friends, the topic came up as a "what if" situation. I guess we want to be sure that we get our money's worth out of our retirement -- or at least someone does.
So now is as good a time as any to look at death benefits payable under the Civil Service Retirement System and the Federal Employees Retirement System. There are additional benefits payable upon your death if you have Federal Employees Group Life Insurance, unpaid compensation (last paycheck and unused annual leave, for instance) Social Security, workers' compensation and the balance in your Thrift Savings Plan. Some of these payments are governed by your valid designation of beneficiary or the standard federal order of precedence. Social Security provides widow, children and sometimes dependent parent benefits to surviving family members. Workers' compensation could be payable if the death is work-related.
I want to address three scenarios under CSRS and FERS: the death of a current employee, a former employee and a retiree.
1. Current Employee
If the employee has a minimum of 18 months of creditable service and is survived by an eligible current or former spouse with a valid court order awarding a survivor annuity, then a basic death benefit and/or a monthly survivor annuity could be payable. If the employee's death is work-related, the surviving spouse could be entitled to compensation from the Office of Workers' Compensation Programs instead of a CSRS or FERS surviving spouse benefit. The compensation benefits are more generous than the CSRS or FERS benefit and are tax-free. If the death is not work-related, then the surviving spouse benefits could be payable from CSRS or FERS. (An eligible spouse is defined as one who was married to a current employee or retiree at the time of his or her separation from federal civilian service and the spouse was married to the deceased for at least nine months, the death occurred before nine months of marriage, the death was accidental, the couple had a child.)
CSRS: An eligible surviving spouse is entitled to 55 percent of the earned CSRS retirement benefit as of the date of death or 55 percent of the guaranteed minimum disability benefit if greater.
For example, if Georgia, who is covered by CSRS, were to die at age 53 and she had 35 years of service, her surviving spouse would receive 55 percent of 66.25 percent of her high-three average salary (the computation of a CSRS benefit based on 35 years of service). There would be no penalty if her death was before age 55 -- unlike the reduction for retiring before age 55.
This is a lifetime benefit and payable immediately to the surviving spouse. The benefit also includes an annual cost-of-living adjustment to help maintain its value over the years. It ends upon the death of the surviving spouse or upon the surviving spouse's remarriage prior to age 55, with the exception of those who were married for 30 years or more. For those who were married for 30 years or more, or for surviving spouses who remarry after age 55, the benefit is not affected by the remarriage. This is an entitlement to the current spouse or to a former spouse who was awarded this benefit in a divorce agreement. This is not a benefit that is chosen by the employee.
FERS: An eligible surviving spouse is entitled to the FERS Basic Death Benefit as long as the employee had a minimum of 18 months of civilian service. This benefit equals 50 percent of the employee's final salary (high-three average salary, if higher), plus $15,000 (increased by Civil Service Retirement System cost-of-living adjustments beginning Dec. 1, 1987). The $15,000 has increased to $29,722.95 for deaths on or after Dec. 1, 2008. This benefit could be paid as a lump sum to the surviving spouse or in 36 equal monthly payments.
If the employee had completed at least 10 years of creditable service, the spouse also would receive (in addition to the Basic Death Benefit) a monthly survivor benefit that equals 50 percent of the earned FERS Basic Retirement Benefit as of the date of death.
For example, if Andy, who is covered by FERS, died at age 53 with 20 years of service, his surviving spouse would receive 50 percent of 20 percent of his high-three average salary (the FERS basic computation provides either 1 percent or 1.1 percent of the high-three for every year of creditable federal service, such as 20 years times 1 percent equals 20percent of the high-three average salary). He also would be entitled to the basic death benefit in addition to the survivor annuity benefit.
The same rules regarding remarriage and the duration of this benefit apply to FERS as they do to CSRS. If the surviving spouse is not eligible for Social Security benefits as a widow or a parent of a dependent child, then there also could be a supplemental benefit until the surviving spouse qualifies for Social Security.
This benefit is payable to dependent children upon the death of an employee or retiree with no election required. Someone has to apply for this benefit on behalf of the eligible child or children. The benefits are adjusted annually for inflation.CSRS:
- $470 per month per child with a maximum of $1,409 (if the child, or children, has a living parent who was married to the employee or retiree)
- $564 per month per child with a maximum of $1,691 (if the child, or children, has no living parent who was married to the employee or retiree)
FERS: A child's survivor benefit rate is calculated as follows: The total amount payable to all children under CSRS minus the total amount payable to all children by Social Security divided by the number of children.
No Eligible Spouse or Dependent Children
When an employee is not survived by anyone entitled to a monthly survivor annuity, then the employee's contributions to the retirement fund are refunded. The payment is made to the beneficiary designated on a valid designation of beneficiary form or according to the standard federal order of precedence if there is not a valid beneficiary designation on file.
2. Former Employee
As long as the former employee did not receive a refund of his or her retirement contributions, then the contributions are returned to the beneficiary designated on a valid designation of beneficiary form, or according the standard federal order of precedence if there is not a valid beneficiary designation on file. A survivor annuity is not payable if the former employee did not apply for a deferred annuity.
If a former employee with at least 10 years of creditable service (five years of which must be creditable civilian service) is survived by an eligible surviving spouse, the spouse could be eligible for a monthly survivor benefit. The benefit begins on the date the former employee would have been eligible for an unreduced annuity, unless the survivor chooses to have it begin at a lower rate on the day after the former employee's death.
No monthly benefits are payable to children of deceased former FERS employees if the death occurs after leaving federal employment and before retirement.
If a former employee dies and no survivor annuity is payable, the retirement contributions remaining to the deceased person's credit in the retirement fund, plus applicable interest, are payable. The payment is made to the beneficiary designated on a valid designation of beneficiary form, or according the standard federal order of precedence if there is not a valid beneficiary designation on file.
Employees elect the type of retirement they want under CSRS and FERS when they file their retirement application. The choices include:
- Reduced annuity with full survivor benefits to my spouse
- Reduced annuity with partial survivor benefits to my spouse
- An annuity payable only during the retiree's lifetime (no reduction and no survivor annuity elected)
- Reduced annuity with survivor annuity for a person named who has an insurable interest in the retiree
- Reduced annuity with survivor benefit for former spouse(s) or a combination of current and former spouse(s).
Employees can elect to provide a maximum, a partial or no survivor benefit for a current spouse. The spouse must provide consent unless a full survivor benefit is elected. The maximum or partial election ensures continued health benefits for a spouse who is covered under a self and family health plan and is not eligible for Federal Employees Health Benefits under his or her own retirement.
The dependent children benefits described above also are payable if the retiree is survived by a dependent child or children. Employees will be asked to name their unmarried dependent children on the retirement application so the Office of Personnel Management is aware of their existence.
I've written about the election that employees make at retirement in previous columns. Here's a link to those columns:
- "Spousal Provision" March 13, 2009
- "Survivor Benefits Q&A" April 25, 2008
- "Supporting Your Survivors" April 18, 2008
- "Survivor: Federal Edition" Jan. 12, 2007
- "Federal Couples" July 7, 2006
- "Who's Your Beneficiary?" May 12, 2006
- "Spousal Benefits" March 10, 2006
If you die leaving no one who qualify for a survivor benefit, the contributions that are left in your retirement fund (if any) will be paid as a lump-sum payment according to your most recent valid beneficiary designation. Your retirement contributions are depleted when you have received retirement benefits equal to the amount of your contributions to the retirement fund.
Domestic Partner Benefits
There are no federal benefits extended to domestic partners at this time, other than the availability to elect an insurable interest survivor benefit upon retirement and naming the partner as the beneficiary for any lump-sum payments. For more on this subject, my colleague, Alyssa Rosenberg, has recently written on this topic in her May 2009 feature, "Foreign and Domestic".
Tammy Flanagan is the senior benefits director for the National Institute of Transition Planning Inc., which conducts federal retirement planning workshops and seminars. She has spent 25 years helping federal employees take charge of their retirement by understanding their benefits.
For more retirement planning help, tune in to "For Your Benefit," presented by the National Institute of Transition Planning Inc. live on Monday mornings at 10 a.m. ET on federalnewsradio.com or on WFED AM 1500 in the Washington metro area.
NEXT STORY: Parental leave act moves closer to law


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The National Institute for Health and Clinical Excellence (NICE) has published new guidance to approve the use of Liraglutide (also known as Victoza) for people with Type 2 diabetes across England, Wales and Northern Ireland. As a result, NICE is instructing Primary Care Trusts across the NHS to find compulsory funding for Liraglutide within three months to ensure it is available for all people with Type 2 diabetes that meet the NICE recommendations.
Liraglutide is a once daily injectable treatment that acts to help people with Type 2 diabetes achieve good glycaemic control by stimulating the release of insulin when glucose levels get too high and also reduces appetite.
NICE has now approved Liraglutide 1.2mg once-daily as a valuable treatment option for people with Type 2 diabetes as a dual or triple therapy with an oral treatment.
NICE guidance stipulates that treatments should only be continued if blood glucose levels reduce within six months and those undergoing triple therapy manage to lose three per cent of their initial body weight.
Increasing choices for people with Type 2 diabetes
“We welcome the fact that NICE guidance will help to standardise availability of Liraglutide (Victoza) on the NHS as it means another treatment option is available to support people with Type 2 diabetes to manage their condition,” said Stella Valerkou, Diabetes UK Senior Policy Officer. “We also welcome the recommendations that mean Liraglutide could be available earlier in the treatment process, increasing the choices for people with Type 2 diabetes.
“Diabetes UK advocates that lifestyle changes should be the first step in helping with weight management but recognise that this treatment option has shown additional benefits in terms of weight loss as well as blood glucose control and that this can be an important consideration for some people with Type 2 diabetes.
"However Diabetes UK believes decisions about when to stop or change treatments should always be agreed between individuals and their healthcare professional, based on personal needs and not pre-determined, and that the potential risks and benefits of treatment options should be discussed to support people to reach an informed decision.

domain: medical


text:
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Hand material: ABS
Fixed frame size:16.5*8.2*2.3cm/6.49*3.22*0.90″
Item size: Approx. 73.0 * 10.0 * 4.0cm / 28.7 * 3.9 * 1.6in
1 X Nail Art Training Hand
1 X 100 pcs Nail Tips

domain: artistic


text:
Serena Williams Shares First Photo Since Welcoming Her Baby
Serena Williams is slowly making a return to the spotlight, following the birth of her baby girl earlier this month.
This week she shared her first photo since becoming a mum, posing for a selfie with fiancé and new father Alexis Ohanian. The picture sees the couple looking down the camera, Serena’s arm wrapped around her partner. Alongside the image, she wrote: “…but are you ready?” Fans were quick to offer messages of congratulations to the pair, with one writing: “Congrats mama!” and another adding: “The most beautiful couple eveeeeerrrr.”

domain: entertainment


text:
Why is my baby’s poop green and slimy?
Seeing slimy, green-colored streaks with glistening strings in your baby’s poop means mucus is present. Although it can happen when your baby is drooling, mucus in baby poop can also be a sign of infection.
Is green poop normal in breastfed babies?
The occasional green stool is not unusual in the breastfed baby. Consistently green stools, however, are not normal for the breastfed baby. Most doctors don’t seem to recognize this as a potential problem because they often define “normal stool” as that of the formula-fed infant.
What does slimy green poop mean?
Green stools accompanied by visible mucus may signal irritation or inflammation in the lining of the intestines. If it happens regularly, it could be a sign of a condition that may require treatment (especially if it’s accompanied by diarrhea, constipation, pain in the abdomen, or nausea or vomiting).
How do I stop my breastfed baby from pooping green?
Breastfeeding too quickly
This can hit their tummy too fast, creating air bubbles and explosive green poos. Trying a laid-back feeding position may help to ease this problem. Your baby can relax and feed for as long as they want, comfortably supported by your body.
How do you treat green stool in babies?
Most cases of green poop do not require treatment because green colored stool is a common variation of normal stool. If your child’s green poop is caused by something they ate or a vitamin or medication they have taken, it’s not necessary to remove that from their diet just to change the color of their stool.
What does Mucousy baby poop look like?
The intestines naturally secrete mucus to help stool pass more effectively through the intestines. Sometimes, a baby may pass some of this mucus in their stool without any underlying condition. The mucus can look like slimy streaks or strings. Sometimes the mucus is jelly-like in appearance.
How do I fix a Foremilk Hindmilk imbalance?
Correcting a Foremilk and Hindmilk Imbalance
Examples include: Refraining from switching from one breast to another quickly (less than 5 to 10 minutes each) when feeding your baby. Increasing the length of feeding on each breast can help.
What foods cause green poop in breastfed baby?
Breastfeeding babies may have green poop if the mother eats leafy greens or green food coloring. Once your child starts eating solids, green baby foods (like pureed peas or spinach) can also tint their stool.
When should I worry about breastfed baby poop?
Usually, as long as your baby is having frequent bowel movements and their stool is soft, the smell isn’t a concern. Let your pediatrician know if you notice loose, green stools, or a smell you’re worried about. Your baby may have an allergy or intolerance to something in your diet.
What does unhealthy poop look like?
Types of abnormal poop
pooping too often (more than three times daily) not pooping often enough (less than three times a week) excessive straining when pooping. poop that is colored red, black, green, yellow, or white.
Should I go to the doctor for green poop?
Call your doctor if you or your child has green stool for more than a few days. Green stool often occurs with diarrhea, so drink plenty of fluids and seek immediate medical attention if you or your child becomes dehydrated.
What color is pregnancy poop?
Interestingly, the color of your stools can also change during pregnancy. Normal stools are usually light to dark brown, but during pregnancy, your poop could turn green.


text:
The muley’s trail switchbacked up the valley as he browsed. Tim remained under cover as he followed so he could not be seen from above. He knew that a mule deer will browse for an hour or so as the day begins, then lie down looking downslope. This gives the deer the advantage of rising winds moving up the canyons in the morning. Tim could do nothing to disguise his scent, but he could stay out of sight.
From time to time, Tim could see freshly nipped branches of serviceberry and manzanita. Then he came upon a peculiar sign. The deer had torn up a large patch of snow and it was visibly yellow from his urine. A nearby willow was bruised and its bark was torn loose near the ground.
The deer was going into rut despite his wound! Tim would never have believed it. Perhaps this would make him careless. Certainly it would make him dangerous. A muley in rut with freshly sharpened antlers will not hesitate to attack
* * *
In another part of the mountains, the black bear was leaving the foothills. His nose had begun to heal, but his sense of smell was mostly gone. His eye where the buckshot had lodged was swelling and the infection was spreading. He could not hunt properly with only his weak eyes to guide him. He was hungry and angry, and he was heading for the section of the mountains where Tim was lost.
* * *
Eventually, Tim decided that he had followed the deer’s tracks far enough. By now, it should have gone to earth, so he worked his way up the side of the valley and continued upslope parallel to the muley’s trail. After half a mile he dropped down into the valley again to check and, sure enough, the tracks were gone.
If his reasoning was correct, the deer was below him now, so he began a slow downslope stalk into the wind. The trees grew closer together here, and that made it hard for him to see.
The clouds were a boiling sea of gray and charcoal hanging just above the treetops. It was nearing noon, but the day just grew colder. Tim leaned against the bole of a mountain hemlock to rest his aching ankle and consider his next move. As long as he stayed still and upright, he would probably remain unseen against the trees, but he would have to look carefully before he made each move.
He moved diagonally to the right and stopped again against the bole of a lodgepole pine. He stood there with only his eyes moving for a long time, looking particularly at a likely clump of bitter cherry. Then he moved again, going about twenty feet and stopping.
He worked his way along for two hours, moving briefly and standing long to search with his eyes. The cold was getting to him, but he tried to ignore it. Eventually, he came to an opening in the trees, almost a meadow, but with a scattering of Jeffrey pines and low bushes of manzanita and whitethorn – just the kind of resting spot his father had taught him to look for.
Tim settled back against a pine and slid down so that he was hidden by a light screen of gooseberry. He scanned the area. It took almost ten minutes before Tim’s eyes could separate the deer from its cover. The deer had chosen a spot commanding a view of his trail. If Tim had blundered along following his tracks, the deer would have been long gone. more tomorrow

domain: literature


text:
Date of this Version
Mendez, Alegra. Stature, Body Mass, and BMI in High School American Football Players: Appropriate Determinants of Obesity Prevalence? University of Nebraska-Lincoln. 2018.
The purpose of this study was to evaluate stature (HT), weight (WT), body mass index (BMI), and obesity prevalence based on BMI categories in a large sample (n = 7,175) of high school American football players enrolled as freshmen, sophomores, or juniors. Players were categorized by their positions: offensive linemen (OL), defensive linemen (DL), tight end (TE), defensive end (DE), linebacker (LB), running back (RB), quarterback (QB), defensive back (DB), and wide receiver (WR). HT, WT, and BMI increased as grade increased among all positions. OL and DL had the greatest HT, WT, and BMI (p≤0.05). Obesity prevalence was greatest in OL and DL. When accounting for age-related increases in BMI, WT increased to a greater degree than HT. If HT is an indirect indicator of skeletal size, while WT is more influenced by soft tissue, then the age-related BMI increases in the present study may be largely accounted for by soft tissue changes rather than skeletal growth. Even though obesity prevalence in OL (94.5%) and DL (78.4%) positions was greater than all other positions as determined from BMI, it is impossible to know the allocations of fat-free and fat mass—particularly in American football athletes. If obesity continues to be defined as an unhealthy accumulation of fat, then athletes who may have a greater relative proportion of lean soft tissue should not be classified as obese using BMI (WT÷HT²). More sophisticated, reliable, and sensitive measure of body composition, such as skinfolds, may be more appropriate field measurements.


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I love this series and I am very pleased that Audible has picked it up. Alyssa gives us a totally different view of the supernatural world with her Wa..Show More »
Very Very Good!!
Was not disappointed. Story line is great and narration was excellent.
I will finish this series without a doubt.
I've been following this series since Book 1, and they should definately be listened to in order. I enjoyed this installment. The story is entertainin..Show More »
Worth the wait. Alyssa has done it again. Strong male charactors with equally strong women.
Loved the storyline and charactors. Narration was a pl..Show More »
Very good story line, funny and exciting. Alyssa continues this series with another winner.
Narrator Joshua Swanson does very good swapping betwee..Show More »
This is the 7th installment in the Warriors of Poseidon series, and it's probably my favorite one yet. However, this is a series, and we are well into..Show More »


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“At Bentley Music Academy our motto is ‘Performance First!’ as it is through performance that we learn plenty about music and ourselves and so, regardless of your age or ability, please join us: there is an opportunity here at BMA ready just for you!”
Director of Academic & Artistic Development
BMA CREATIVE ONLINE
OFFERING ONE-TO-ONE TUITION, CONCERTS, WEBINARS, INTERVIEWS, LOCKDOWN SUPPORT SESSIONS TO MALAYSIA – AND THE WORLD.
The vast majority of our operation, from one to one tuition to some of our group sessions and programs are available direct to a screen near you!
Our concerts, together with workshops, masterclasses, webinars and interviews, together with our lockdown support sessions, ‘Drop in & Hang Out’ are also available on line. Sometimes these sessions may be a direct Facebook Live feed for all to share, or an exclusive session for a select group of sign ups with an entrance fee.
We also offer blended learning too, so you can balance your lessons as a mix and match depending on your schedule, some weeks at BMA, some weeks online.
Look out for our upcoming events on our social media pages and we’ll keep you up to date!
COURSES, ENSEMBLES & PROGRAMMES
Life’s a song at any age
Music has the power to shape character and broaden perspectives.
You’re never too young or too old for music in your life.
That’s the reason why we have programmes for every age group.

domain: hobby


UK ANIMAL health minister Ben Bradshaw says good progress is being made on developing a vaccine to be used in the frontline against any future outbreak of foot-and- mouth disease.
His statement follows a recommendation by the Royal Society that emergency vaccination should be developed so that it could be available for use as a prime control strategy in addition to culling infected animals and dangerous contacts.
In a letter to the Royal Society, Mr Bradshaw reported good progress on a number of issues arising from the use of emergency vaccination.
He said, "I particularly welcome the new EU Directive on foot-and-mouth disease control, which meets the recommendations of the various inquiries and takes into account the changes in the OIE international animal health code since 2001."
Mr Bradshaw said progress includes the negotiation of a new EU Directive on Foot and Mouth Disease control, which has placed vaccination at the forefront of disease-control strategy.
The Government had procured independent supplies of foot-and-mouth disease vaccine for the UK, suitable for use in a vaccination strategy in the event of a future outbreak.
And work was continuing on research into tests that would show the difference between animals that had been vaccinated and those that were infected with the disease.
The absence of an effective test was one of the arguments used against the use of vaccination during the 2001 epidemic.
The latest version of the Government's foot-and-mouth disease contingency planhas now been published for public consultation prior to being placed before Parliament next Spring.


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Charles Lewis, Petitioner-appellant, v. John M. Jabe, Respondent-appellee, 891 F.2d 291 (6th Cir. 1989)Annotate this Case
Before KENNEDY, Circuit Judge, and CELEBREZZE and BAILEY BROWN, Senior Circuit Judges.
Petitioner Charles Lewis was convicted of first degree murder by a Michigan jury in 1977. Lewis appeals the District Court's denial of his petition for a writ of habeas corpus. We affirm in part, reverse in part, and remand the case to the District Court for further proceedings.
In July 1977, a Michigan jury convicted Lewis of first degree murder for shooting Gerald Swpitkowski, an off-duty Detroit police officer. The prosecution's theory of the case was that Lewis had shot the decedent during an attempted robbery. To support this theory, the prosecution presented the testimony of three juvenile accomplices who were offered leniency in return for their cooperation. They testified that Lewis shot the decedent from the backseat of a Gran Torino while attempting to rob him, possibly because Lewis realized the decedent had a gun. They also testified that the group had stolen the Gran Torino and another automobile. These vehicles allegedly served as getaway cars in the killing and attempted robbery of the decedent, and the shooting and attempted robbery of Raymond Cassaban, a pizza delivery driver. The juveniles testified that Lewis shot the pizza driver shortly before shooting Swpitkowski when the pizza driver failed to respond to Lewis' demands for money.
To support the sometimes unclear testimony of the three juveniles, the prosecution put the pizza driver, Raymond Cassaban, on the stand. Cassaban identified Lewis as his assailant and testified that Lewis shot him earlier the same evening during another attempted robbery. The prosecution also presented forensic evidence showing that samples of blood, bone, and flesh removed from the exterior of a stolen Gran Torino were from a person of the same blood type as the decedent.
The defense presented quite a different picture. It portrayed the three juveniles as individuals pressured by the police into fabricating their testimony. The defense alleged that someone else shot Swpitkowski, possibly an occupant of a white Mark IV seen near the scene of the shooting. The Mark IV theory was bolstered by the testimony of several eyewitnesses, including the decedent's former partner, who saw a white Mark IV speeding from the scene. Some of the witnesses believed they saw a gunfire flash coming from the Mark IV.
The prosecution attacked the Mark IV theory from two directions. First, the prosecution presented the testimony of the owner and driver of the Mark IV whose license plate had been recorded by witnesses. He stated that he had not fired the shots and had not heard the shooting, but fled from the scene when two men ran toward his car. He also testified that he had been arrested, questioned, and his home and automobile searched shortly after the incident. The Mark IV was apparently destroyed by police after it was seized. Second, the prosecution attempted to show that the witnesses were not certain whether the shot was fired from the Mark IV. Many only saw the car flee the scene and assumed that it had been involved in the shooting. Further, most of the witnesses had been drinking and, the prosecution alleged, were in no condition to observe and remember the events clearly.
After an eight day trial, a jury found Lewis guilty of first degree murder. Having exhausted state appeals, Lewis sought a writ of habeas corpus in the United States District Court for the Eastern District of Michigan. The District Court denied the writ and this appeal followed.1
Lewis first argues that the trial court erred in admitting the testimony of Raymond Cassaban.2 Lewis asserts that the testimony violated state law, that the probative value of the testimony was outweighed by its prejudice, and that Cassaban's identification was prejudiced by a photographic identification conducted prior to trial without the presence of counsel for Lewis. We reject each of these arguments.
Cassaban testified that Lewis shot him during an attempted robbery that occurred shortly before the decedent was shot. Joint App. at 300-19. As described by Cassaban, his robbery and shooting occurred in much the same fashion as the later shooting of the decedent. The trial judge allowed the testimony on the authority of Mich.Comp.Laws Ann. § 768.27 (West 1982) which allows evidence of prior crimes to be admitted for the purposes of proving "motive, intent, the absence of, mistake or accident on his part, or the defendant's scheme, plan or system in doing the act, in question." The Michigan Court of Appeals affirmed, citing People v. Castillo, 82 Mich.App. 476 (1978).3
State court ruling on the admission of evidence are not open to challenge in a federal habeas suit unless admission of the evidence undermines the fundamental fairness of the trial and thereby constitutes a violation of due process. Pulley v. Harris, 465 U.S. 37 (1984); Brofford v. Marshall, 751 F.2d 845, 857 (6th Cir.), cert. denied, 474 U.S. 872 (1985); Manning v. Rose, 507 F.2d 889 (6th Cir. 1974) (admitting evidence of prior robbery attempt by the defendant in a subsequent robbery prosecution did not violate due process where the prior attempt occurred in a similar location, three days before, and involved the use of similar language). The admission of evidence of other crimes to prove motive or plan does not amount to a due process violation if the other crime is "rationally connected" to the crime charged. Manning, 507 F.2d at 894; see also Oliphant v. Koehler, 594 F.2d 547 (6th Cir.), cert. denied, 444 U.S. 877 (1979) (questions concerning the admission of possibly prejudicial information about past crimes is for the trial judge). The prior crime in this case meets the rational relationship test. It occurred less than an hour before the robbery-murder of the decedent, both crimes involved the use of a shotgun, and, according to the testimony of one of Lewis' accomplices, both shootings were part of a plan to commit a robbery on the night in question. Joint App. at 418, 445, and 449. As a matter of federal constitutional law, we cannot say that the trial judge violated the petitioner's due process rights in concluding that the probative value of this evidence outweighed its prejudice.
Lewis raises for the first time on this appeal the question of whether Cassaban's in-court identification of Lewis as the man who shot him during the prior robbery attempt violated the petitioner's confrontational rights. Lewis asserts that his rights were violated because Cassaban had been shown pictures of the petitioner as part of a photo line-up without the presence of counsel for Lewis. The Supreme Court has clearly rejected the argument that counsel for the defendant must be present at photo line-ups. United States v. Ash, 413 U.S. 300 (1973).4
Lewis next alleges that the prosecutor erred in not producing all res gestae witnesses at the criminal trial. At the time of the petitioner's trial, Michigan law required the prosecution to call all res gestae witnesses. Mich.Comp.Laws § 767.40. The witnesses in question are five police officers who arrived on the scene of the shooting shortly after the shooting occurred. A sixth police officer who did testify at the trial asserted that one of the eyewitnesses to the shooting, Dennis Van Fleteren, who believed the shot came from the white Mark IV, was intoxicated at the time the police arrived on the scene. Lewis appears to be arguing that the other five witnesses would have contradicted the testimony of Officer Williams that Van Fleteren was intoxicated at the time of the shooting and thereby bolstered the credibility of Van Fleteren's testimony.5 At trial, the defense argued that an occupant of the Mark IV shot the decedent.
The Michigan Appellate Court did enter a peremptory order remanding the case for an evidentiary hearing on the res gestae question in an August 22, 1980 ruling. The hearing was held in early 1981, and based on it the state trial court ruled that no error occurred. The Michigan Court of Appeals denied leave to appeal this decision. No copy of this post-conviction hearing is available on this appeal.6 It is not entirely clear that the witnesses in question qualified under Michigan law as res gestae witnesses.7 In any case, the res gestae requirement is a state law question. Claims based on violations of state law are for the state courts to decide. Pulley, 465 U.S. at 42 (petitioner's claim that state law required proportionality review of death penalty sentence is a state law question and therefore must be addressed to the state courts). We do not believe that the Michigan court rulings on the subject are so contrary to prior Michigan law as to constitute a due process violation.8
Lewis argues that the jury instructions in his trial were grossly defective and undermined the fairness of his trial. Three errors are assigned: (1) that the judge gave an unconstitutional instruction on the reasonable doubt standard; (2) that the instruction on accomplice testimony precluded the jury from weighing the credibility of the witnesses; and (3) that the instructions on the jury's use of Cassaban's testimony about his prior robbery and assault were improper and prejudicial. We reject each of these arguments.
Federal courts will not reverse a conviction on collateral review where the instructions are merely "undesirable, erroneous, or even universally condemned." Rather the instruction must have "so infected the entire trial that the resulting conviction violates due process." Henderson v. Kibbe, 431 U.S. 145, 154 (1977). Further, the allegedly erroneous instruction is not looked at in isolation, but in the context of the overall charge. Cupp v. Naughten, 414 U.S. 141 (1973).
The trial judge apparently did make a misstatement in his explanation of the reasonable doubt standard. He stated:
Members of the jury, a reasonable doubt is just what the word implies. It is a doubt ... for which you can give a reason for entertaining. A reasonable doubt may grow out of the evidence or lack of evidence or the unsatisfactory nature of the evidence heard. A reasonable doubt is a doubt which causes you to hesitate in the ordinary affairs of life. Reasonable doubt, members of the jury, is not a flimsy, fanciful or fictitious doubt that you can raise about anything or everything. There is a reasonable doubt, a doubt which you can base sympathies or upon bias or upon prejudice. It's been said that if a juror is satisfied beyond a reasonable doubt when he or she, after a fair and full consideration of all testimony heard in the case that he or she has an abiding conviction to a moral certainty that the charge has been established as having been committed by the Defendant.
Joint App. at 660-61 (emphasis added).
Lewis argues that the underlined portion of the instruction effectively shifts the burden of proof from the state to the defendant. We disagree. Taken as a whole, the instruction does not appear misleading. Further, to the extent the misstatement was misleading it indicated that a reasonable doubt is more easily found, requiring only something on which a juror can base sympathies, bias, or prejudice.
Lewis alleges that the following instruction precluded the jury from weighing the credibility of the three accomplices:
Now, there's been much to do about the three juveniles who testified in this case. As I told you earlier, and I'm going to remind you again, that this court, Recorder's Court, has no jurisdiction whatsoever over anyone under the age of 17 years. That jurisdiction is exclusive with the Probate Court and whatever they do over there is their business and we have no control over it in this court. The statute in that case reads as follows,--this is just a portion of it: State 712.A.2, 1970 exclusive, original jurisdiction superior to and regardless of the jurisdiction of any other court and proceedings concerning any child under the age of 17 years within that county. That jurisdiction lies within the Probate Court. And the Recorder's Court, as I said, has no jurisdiction or control. There was much talk about the young men being tried in this court. If the Probate Courts decide they can waive jurisdiction on juveniles between the age of 15 and 17,--15 and 16 would be correct,--and whatever they do over there is no concern of ours. Do not let that get into your deliberations, the fact that they are not in this court being tried for this case. You are here to determine the guilt or innocence of this defendant.... As I told you, you've heard testimony about Juvenile Court proceedings concerning Jeffrey Mulligan who is currently awaiting, as I understand it, in Juvenile Court. Some of the testimony indicates that and in your deliberations today you should concern yourselves only with the guilt or innocence of Charles Lewis. You may consider evidence of the juveniles involved insofar only as it sheds light on Mr. Lewis's alleged guilt or innocence in the shooting death of Gerald Swpitkowski. You should not speculate about the possible outcome of Jeffrey Mulligan's separate proceedings. As I read to you under the laws of this state juveniles are under jurisdiction of the Juvenile Court and these proceedings mentioned are separate and distinct from the trial of Charles Lewis in Recorder's Court.
Joint App. at 666-67, 669-70 (emphasis added).
While the instruction could have been more clearly presented, we believe that it did not undermine the trial itself. Further, a fair reading of the instruction indicates that the trial judge did not want the jury to wonder why the three accomplices were not being tried with the defendant. It had nothing to do with the weight their testimony should be given.
Finally, Lewis argues that the following instruction amounts to a pronouncement that Lewis was guilty of attempting to rob and shoot Cassaban:
Now you have heard evidence tending to show that the Defendant, Charles Lewis, was guilty of another shooting in the course of an attempt [ed] armed robbery for which he is now on trial here. I am speaking of the testimony to the effect that Raymond Cassaban, the so called pizza man, testified as to being shot by Charles Lewis during an attempted armed robbery at 14170 Eastwood on July 31, 1976. Now, you are the sole judges whether to believe any such testimony, however, should you believe such evidence you are cautioned that it is before you for a limited purpose and that is for the purpose of determining if it tends to show the identity of the person who killed Gerald Swpitkowski during an attempted armed robbery as being the Defendant, Charles Lewis. And that the Defendant, Charles Lewis, specifically intended to commit the offense for which he is being tried. And that the Defendant, Charles Lewis was acting purposefully. And that is that his acts were the result of a characteristic scheme, plan or system that he used before. This evidence must not be considered by you for any other purpose. You must not, for instance, regard this evidence as showing that the Defendant is a person of bad character or that he had a disposition to commit crimes. You must not convict the Defendant because you believe he is guilty of other improper conduct. All of the evidence must convince you beyond a reasonable doubt that the Defendant committed the crime charged or you must find him not guilty.
Joint App. at 668-69 (emphasis added).
Again, while the charge is not as clear as it could have been, we cannot say that it constitutes a violation of due process. The judge specifically stated that the jury was to be the sole judge of whether to believe the testimony. The primary purpose of the instruction was to protect Lewis from conviction merely because the jury believed he shot Cassaban.
Lewis also objects to the admission of evidence from the Gran Torino. The judge admitted photographs of the car and laboratory evidence tending to show that flesh and bone samples found on the exterior of the car matched those of the decedent. Lewis' accomplices in the case testified that a similar Gran Torino was stolen by the group and used in the robbery and shooting. Lewis allegedly shot the decedent at close range from the back of the Gran Torino. The group later abandoned the Gran Torino, although the exact location the group allegedly abandoned the car did not match the location where it was discovered by police. Lewis argues on appeal that the evidence should not have been admitted because a chain of custody was not demonstrated from the time the car was abandoned by the group until the time police testing of the flesh, blood, and bone samples was complete.
Several breaks in the chain of custody are alleged. First, Lewis argues that the group parked the car on a different street from the street where police originally found the car and that the prosecution did not show how it was moved. This does not fit the traditional definition of a break in custody since the car was never in police custody before it was found. Further, one of the accomplices testified that from the pictures, the Gran Torino appeared to be the car used in the shooting. Joint App. at 252. Second, Lewis argues that the police did not show how the car got from the street where it was found to the police impound lot. The officer who found the car did testify, however, that the pictures of the car made at the precinct looked like the car she found. Joint App. at 320-21 and 458. Third, Lewis argues that the prosecution did not show how the human remains removed from the exterior of the car got to the police crime lab. While the prosecutor did not demonstrate a chain of custody, he did demonstrate that blood and flesh samples were removed from the car, tagged with a unique number, and sent to the police lab. Joint App. at 460-62. A laboratory technician testified that she tested samples tagged with the identical numbers. Joint App. at 476-78. The samples proved to be human flesh and bone matter. The blood type matched the decedent's. Ideally, the laboratory technician would also have testified that the samples arrived in sealed bags with the seals intact, however, we do not believe that this lapse caused the admission of the evidence to be fundamentally unfair.
Again, we note that alleged errors in the admission of evidence will not warrant habeas corpus relief unless they render the trial so fundamentally unfair as to violate due process. See Brofford, 751 F.2d at 857. Where an object has been sufficiently identified to establish relevance, arguments concerning breaks in the chain of custody generally go to the weight of the evidence, not its admissibility. It is not strictly necessary, as a matter of constitutional law, to prove that the object is what it is alleged to be before admitting the object. On these facts, even if the evidence was not properly admissible under state law, we do not believe that it was fundamentally unfair to admit it.
Finally, Lewis argues that he was denied effective assistance of counsel. Lewis has an extremely difficult burden to meet in establishing this claim. The Supreme Court has established the test as follows:
First, the defendant must show that counsel's performance was "deficient." This requires showing that counsel made errors so serious that counsel was not functioning as "counsel" guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable.
Strickland v. Washington, 466 U.S. 668, 687 (1984).
Petitioner sets forth eight respects in which counsel was incompetent:
1. Counsel failed to file a motion to have Raymond Cassaban's testimony suppressed.
2. Counsel failed to object to Raymond Cassaban's in-court identification.
3. Counsel failed to file a motion to have the Gran Torino, and all evidence found in the Gran Torino suppressed.
4. Counsel's opening statement proposed that the defendant was guilty as charged.
5. Counsel failed to investigate alibi witness [es], and failed to file an alibi notice.
6. Counsel erred in interjecting his personal opinion of defendant's guilt, in his closing arguments.
7. Counsel erred in failing to object to the prosecutor's closing arguments to the jury. Specifically, that the jury could find one verdict, and that of guilty.
8. Counsel failed to request an accomplice instruction.
We reject all except the fifth argument. Counsel raised a number of objections at trial, including objections to the admission of the Gran Torino evidence, Joint App. at 564-66, and objections to the admission of evidence concerning the prior shooting of Raymond Cassaban. As already noted, counsel developed a plausible alternative explanation of events, attacked the prosecution witnesses against Lewis, and made effective use of other prosecution witnesses to support the Mark IV theory. Neither the opening statement nor the closing arguments affected the fundamental fairness of the trial.
Lewis is entitled, however, to further review of his claim that trial counsel failed to investigate potential alibi witnesses. If Lewis is correct when he alleges that his attorney unreasonably failed to investigate alibi evidence,9 then a constitutional violation may well have occurred. Blackburn v. Foltz, 828 F.2d 1177, 1182-83 (6th Cir. 1987), cert. denied, 108 S. Ct. 1247 (1988). The District Court failed to address this claim in the proceedings below. On remand, the District Court should permit Lewis to present this claim. He appears to have raised it in the state court proceedings although he has not had any ruling.
Lewis alleges in his pro se brief that in spite of his requests, he was not given a copy of the collateral res gestae hearing transcript to prepare his petition for leave to file a second delayed appeal before the Michigan Court of Appeals. Leave to file a delayed appeal was denied by the court. If his assertion that he received no transcript is correct, Lewis may have been denied his constitutional right to effective access to the courts. See Gardner v. California, 393 U.S. 367 (1969) (failure to provide a transcript of state habeas proceeding for use in subsequent state appellate court habeas petition denies a criminal defendant meaningful access to the courts); Griffin v. Illinois, 351 U.S. 12 (1956). We REVERSE the District Court's decision and REMAND the case to the District Court for a determination of whether Lewis requested a transcript and, if so, whether one was provided.
In all other respects, the District Court's order is AFFIRMED. The case is REMANDED for further proceedings not inconsistent with this opinion.10
Initially, the respondent asserts that Lewis is procedurally barred from raising most of his claims because he failed to object at trial. Respondent argues that the Supreme Court's decision in Harris v. Reed, 109 S. Ct. 1038 (1989) (in order for state procedural bar to apply in habeas corpus proceeding, the last state court to hear the question must make a clear statement that it is denying relief for procedural reasons), should not be applied retroactively and that this Circuit's former rule would bar Lewis' suit. Respondent relies on Stovall v. Denno, 388 U.S. 293 (1967) which sets forth rules for the retroactive application of constitutional rules of criminal procedure. This argument is misplaced. The Harris decision involves an interpretation of the adequate and independent state ground doctrine, not a new rule of criminal procedure. It would be odd to allow Harris, whose claims were rejected on appeal by the state of Illinois in 1979, to pursue habeas relief yet deny Lewis, whose claims arose just shortly before those of Harris, the same opportunity. The primary hardship this entails falls on the federal courts who hear the claims, not the state
No actual objection was made to the testimony of Cassaban. The objection was made during the testimony of Mark Kennedy, a co-conspirator, immediately before the prosecutor began asking questions about the prior shooting. Joint App. at 254-57. While defense counsel did not renew the objection before the testimony of Cassaban, the parties in this case and the Michigan Appellate Court have not treated this as a procedural bar to raising the issue. For the purposes of this appeal, we assume the objection made was to all references to the shooting and attempted robbery of Cassaban
Castillo stands for the proposition that such evidence is admissible if its probative value outweighs its prejudice. Decisions on this question are generally left to the discretion of the trial judge
Counsel for Lewis states in her brief that Cassaban was unable to identify Lewis during the photographic identification. This assertion is contrary to Cassaban's statements during the trial. Joint App. at 310. Because the prior photographic identification was allegedly unsuccessful, counsel asserts that the first true identification of Lewis came during the first trial. This first trial identification, it is alleged, was unnecessarily suggestive and tainted the identification in the second trial. Because the facts in the record do not support the underlying contention that Cassaban first identified Lewis as his assailant at the first trial, we see no reason to address this argument at length
Van Fleteren himself testified that he had consumed five or six beers before the shooting. Joint App. at 80
It is not clear why this transcript is unavailable. This question is more fully addressed infra. We assume that the testimony in the collateral hearing would have been favorable to the plaintiff
The Michigan Court of Appeals in People v. Hadley, 67 Mich.App. 688, 690 (1976), defined a res gestae witness as "one who was an eyewitness to some event in the continuum of a criminal transaction and whose testimony will aid in developing a full disclosure of the facts surrounding the alleged commission of the charged offense."
In his brief, Lewis argues that United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), establishes that he is entitled to relief. Valenzuela-Bernal held that a defendant's fifth and sixth amendment rights were not violated where the U.S. government deported all but one of the illegal aliens that the defendant was charged with illegally transporting into the United States. The defendant desired to call the aliens as defense witnesses. The Court held that the defendant did not set forth facts that tend to show that the deportation necessarily prevented the defendant from having a fair trial. In this case, unlike Valenzuela-Bernal, Lewis made no attempt to call these witnesses himself, he merely demanded that the state produce them. Joint App. at 561. Even if Valenzuela-Bernal does provide the controlling standard, the failure to call the res gestae witnesses did not undermine the fairness of the trial. Even if all of Lewis' allegations are true, these witnesses would have provided no information about the commission of the crime
Lewis has alleged that several persons would vouch for the fact that he was playing in a band at a local union hall. He also alleges that he has a cancelled check stub to bolster the testimony
We have also examined the other argument raised by the defendant in the District Court and not briefed by appointed counsel on appeal. We reject these additional arguments for the substantive reasons stated by the District Court


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