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Fraud claims against insurers wrongly dismissed

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Dave Stafford forwww.theindianalawyer.com

Plaintiffs who purchased cash-value life insurance policies for their employees and deducted those contributions on income taxes that were later disallowed were wrongly denied their day in court against the insurers.

The Indiana Court of Appeals reinstated numerous actual fraud, constructive fraud and negligence claims, reversing a Marion Superior Court order dismissing the complaint. Several plaintiffs each paid hundreds of thousands of dollars annually for policies, according to the record.

In a 54-page opinion, Judge Cale Bradford wrote the trial court erred in finding there were no claims upon which relief could be granted. The case is Seema Kapoor; Shiv Kapoor; Performance Support Consulting, LLC; Matt Judson; and Regional Construction Services, Inc. v. Steve Dybwad; Cronin Insurance Services, Inc.; Mark Light; et al., 49A04-1410-CT-492.

“We conclude that the trial court erred in dismissing the following actual fraud claims: (1) the Kapoor Plaintiffs against Dybwad and (2) the Judson Plaintiffs against Light. We conclude that the trial court erred in dismissing the following constructive fraud claims: (1) the Kapoor Plaintiffs against Dybwad, (2) the Judson Plaintiffs against Light, (3) all Plaintiffs against (Cronin Insurance Services Inc.), (4) all Plaintiffs against Fox & Fox, and (5) all Plaintiffs against (Western Reserve Life Assurance Co. of Ohio),” Bradford wrote.

“The trial court erred in dismissing the following negligence claims: (1) all Plaintiffs against Fox & Fox and (2) the Judson Plaintiffs against (Greenwalt Sponsel & Co.). The Judson Plaintiffs, however, may not base a claim of negligence on Greenwalt’s part for any conduct occurring before September 13, 2010. We affirm the judgment of the trial court in all other respects.”

VHS TO HOST MAJOR HOLIDAY “EMPTY THE SHELTER” 
ADOPT-A-THON WITH WAIVED FEES


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The VHS is hosting an adopt-a-thon of epic proportions on Friday & Saturday, December 18th and 19th. Trust us when we say that it is an event not to be missed.

For the first time, the Vanderburgh Humane Society will be hosting an “Empty the Shelter” event with 100% waived adoption fees on all shelter animals. This includes dogs, cats, and rabbits. The event will kick off at 10:00 am on Friday, December 18th. VHS will have extended hours on both days, opening early (10:00 am instead of noon) and closing late (8:00 pm instead of the normal 6:00.) All hands will be on deck for this event, including all staff members, a legion of volunteers, and board members.

Other shelters nationwide have recently held events like this with overwhelming success. Kentucky Humane Society did one in September 2015, and had 84 adoptions in 12 hours. Over 400 shelters did a massive event in Texas and 3 other surrounding states in August 2015. 20,000 animals found homes and 20 shelters were completely emptied. Best Friends Animal Society, a huge no-kill agency with a sanctuary in Utah and affiliate shelters across the Southwest, did a Black Friday event just this past weekend waiving all fees for black & mostly-black animals. Another great example is Summit County Animal Control in Akron, Ohio. At their event just a few weeks ago, all 93 animals in the building were adopted in 90 minutes. People were in line hours before the event started, and by the time the shelter opened, the line was 300 people long.

The obvious well-meaning concerns that many individuals have are that people who cannot afford to pay an adoption fee, cannot afford to have a pet. One is inclined to believe that those who get “free” animals are much more likely to abuse them, abandon them, or return them to the shelter once the excitement wears off.

The ASPCA has done extensive research into these very issues. They recently conducted a study at the Edmonson Humane Society analyzing 344 cat adopters. 138 families paid adoption fees, and 206 did not. What they discovered was that paying the adoption fee seemed to have no bearing on whether or not the cat received follow-up veterinary care, and it also did not affect retention. Both groups had families who did provide their cats with vet care, and families who did not. More than 80% of the fee-waived families indicated that they valued their cats and would adopt again.

A 2006 study conducted by ASPCA Senior Director of Shelter Research and Development, Emily Weiss and Shannon Gramann, ASPCA Manager of Shelter Research and Development, compared “the attachment levels of adopters of cats — fee based adoptions vs. free adoptions.” These were their results, which were published in Vol. 12 Issue 4 of the Journal of Applied Animal Welfare Science.

  • Attachment to cats adopted from the study facility was not decreased when adoption fees were eliminated
  • Eliminating adoption fees does not devalue the animals in the eyes of the adopters
  • Free adult cat programs could “dramatically impact the lives of thousands of shelter cats who would otherwise reside in a shelter for months or be euthanized.”

Source: http://aspcapro.org/why-you-should-waive-fees

http://aspcapro.org/resource/saving-lives-adoption-marketing-research-data/research-fee-waived-adoptions

While VHS realizes that many members of the public would be opposed to and perhaps even vehemently angered by an event like this, they would like to reassure the public that all normal adoption procedures will still be in place.

  • All adopters must fill out a 2-page application and provide a valid photo ID
  • VHS Adoption Counselors and/or volunteers help families to choose a pet that is an ideal match for their family based on ages and personalities of family members, living situations, financial situations, other pets in the home, and so on
  • Canine meet & greets and landlord approval (or homeownership verification) will still be required
  • Each adopter will sign a legal binding contract, as they always have, to care for the animal for its lifetime, provide it with veterinary care, and return it to VHS if they should ever be unable to keep it
  • VHS has always and will continue to reserve the right to deny adoptions for any reason.

The fact of the matter is, VHS can never guarantee with 100% certainty that every animal is entering a permanent, loving home. Even if each animal cost 1 million dollars to adopt, someone who could afford
that fee is still perfectly capable of abusing that animal. All any animal welfare group can do is trust the internal controls they have in place, have conversations with adopters in order to make good matches, and have faith in the people that they are entrusting with their dear shelter pets’ lives. Events like these do not so much attract the “bottom of the barrel” adopters who cannot afford animals, but the promotion alone attracts families who simply may not have known where VHS was or who may have been considering adoption at other places.

Anyone age 18 or older can adopt from the Vanderburgh Humane Society, including those from out-of-state. If a person can make the trip to the facility and transport the animal back home with them, they can adopt just as a resident of Evansville can. VHS has no income or residency requirements for any of their services.

 

As of today, VHS has 158 cats, 24 dogs, and 17 rabbits in their care. They regularly lose money on each adoption (an average of $100 per animal). An event like this will cost the shelter well over $25,000 in testing, vaccinations, spay/neuter surgeries, microchips, staff time, food, and lost adoption fees. The current focus is to seek business or individual sponsors to underwrite costs. Ultimately, VHS’ goal is to find homes for every animal in their care. But they must also keep the doors open, so that they can continue to help more homeless animals long after the ones they have are gone. They cannot do events like these without financial support from the community.

VHS implores those who cannot adopt to donate or sponsor an adoption instead. $100 pays for an adoption fee for one dog or up to three cats. Those who wish to help us continue to save more lives can visit www.firstgiving.com/vhs/adoptathon to make a tax-deductible donation.

Currently, each VHS shelter animal will spend Christmas Eve in a cage or small room. They will receive a few minutes of extra treats and pets, but ultimately the staff must turn off the lights and leave for the night. The staff and volunteers’ dream is to see those animals instead spend Christmas snuggled in a warm bed with the humans who love them. Each one of them deserves that. The end-all goal is for every single available animal at the Vanderburgh Humane Society to be adopted in 20 hours during this event.

To arrange a live remote or photo opportunity, contact Amanda or Kendall at the information above.

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Adopt A Pet

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Emmy is a beautiful 3-year-old female brown tabby! She gets along with other cats and likes to greet people as they enter the Cat Lounge. You’ll find her lounging on a small round cat tree most afternoons! Her $30 fee includes her spay, microchip, vaccines, & more. Visit www.vhslifesaver.org or call (812) 426-2563 for adoption information!

Major National Heavy Civil Contractor Honored With 2016 OPAL for Construction

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ASCE has honored Christopher S. Traylor, P.E., M.ASCE, with the 2016 Outstanding Projects and Leaders Lifetime Achievement Award for Construction. Traylor is co-president of Traylor Bros. Inc., one of the leading heavy Civil Contractors in the United States.

Under his leadership, Traylor Bros. recently completed two major projects – the Huey P. Long Bridge Widening Project in Jefferson, LA, and the Inner Harbor Navigation Canal Surge Barrier in New Orleans, ASCE’s Outstanding Civil Engineering Achievement award winner for 2014. Traylor’s grandfather, William, founded Traylor Bros. Inc. in 1946. Chris Traylor has served as co-president since 2003, following a stint working for Granite Construction in California, a company Traylor Bros. still collaborates with on large projects.

Traylor also works with the Dave Thomas Foundation for Adoption and serves on the University of Evansville President’s Board of Advisors. The OPAL Awards honor outstanding civil engineering leaders whose lifetime accomplishments contributed in one of five categories – construction, design, education, government, or management. The 2016 honorees will be recognized at the OPAL Awards Gala, March 17, in Arlington, VA.

Immigrants Burden And Blessing For States

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As a teenage refugee from war-torn Bosnia 20 years ago, Ned Halilovic asked for a small, safe place to live and ended up in West Fargo, North Dakota.

Few in town spoke his language, and Halilovic spoke no English. He started high school within a week of arriving and so he needed to learn the language of his new country. He got his diploma in 18 months.

“I set out to learn 20 words a day,” Halilovic, now 37 and a college graduate, said. “That was my goal, starting with ‘table,’ ‘chair.’ When you are forced to do it, it goes much smoother, much faster.”

New, young immigrants remain a constant in North Dakota and South Dakota. Immigrants there are the youngest in the country, with a median age of 34. And more than in any other state, they are new arrivals, having come to the U.S. after 2010. They often speak little English, like Halilovic.

And the states are investing millions of dollars in helping these new immigrants learn English and acclimate to American culture, hopeful that it will pay off with economic activity. Halilovic’s cleaning business in West Fargo employs 72 people, many of whom are young immigrants.

Having an immigrant population that is younger often means the newcomers are contributing to a state’s workforce, which can increase the tax base. But it also can mean young families that have children. And that can burden public schools, which are obligated to teach students who don’t speak English.

Having an immigrant population that skews older can mean a state has a greater percentage of immigrants who have aged out of the workforce and may need help with health care, housing and retirement — though not always.

Hawaii and Florida have the oldest immigrant populations in the nation, with median ages in the late forties. They have been receiving immigrants — in Hawaii, many are from Asia, and in Florida, many are from Cuba — in large numbers for more than 50 years. And the immigrants have settled in enclaves where many speak the same language or share the same culture.

Immigrants in Hawaii and Florida also tend to be more affluent than immigrants in other states. Eugene Tian, an economic analyst at Hawaii’s Department of Business, Economic Development & Tourism, said immigrants are generally as well off as Hawaiians who are born there.

In Florida, older immigrants have been a boon to the housing industry, which has struggled since the mortgage crisis hit in 2007.

“Those folks have been doing a lot of homebuying and in a lot of cases they’re paying cash,” said Christopher McCarty, director of the Bureau of Economic and Business Research at the University of Florida. Affluent immigrants, he said, see Florida as a good investment and a good destination with Hispanic-friendly communities.

In contrast, many of the immigrants arriving in the Dakotas are like Halilovic. They don’t speak English and have no long-standing immigrant community to move into. As a result, they often need to learn English, assimilate to American culture and enter the economy more quickly.

“Immigrants who find relatively few of their compatriots living in the United States typically have a stronger incentive to make the U.S.-specific investments that will allow a wider range of social and economic exchanges,” George Borjas, an immigration economist at Harvard University who was born in Havana, wrote in a study last year.

Stress on Schools

Having children, and parents, who don’t speak English can tax school systems.

Schools in Sioux Falls, South Dakota’s largest city, spend $5.3 million annually on staff and programs for children who don’t speak English or are only learning it. There are too many languages for a bilingual approach, said the schools’ spokeswoman, DeeAnn Konrad.

The schools are often unable to find interpreters for children or parents, so teachers and support staff must fall back on nonverbal communication, such as pointing.

“With more than 70 different languages represented in the district, we cannot translate communications for all families,” said Ann Smith, who supervises programs for immigrant children there. “Our school-home liaisons make personal contact to explain test scores and report cards. Our liaisons are not necessarily bilingual but have incredible skills communicating without words.”

Cultural differences can stand in the way of learning, too. Some of the newest immigrants to Sioux Falls, like the Kunama people from Ethiopia and Eritrea, need some coaxing to see the value of reading and writing.

“Our Kunama neighbors place a high value on face-to-face, spoken communication,” Smith said. Other newcomers include children from Nepal, Bhutan and Burundi, including some Hindus who do not eat beef, putting new strains on cafeterias.

“Food, in general, can be a challenge when you integrate people who are used to a rice- and vegetable-based diet into the Midwest, where all meals center around beef and potatoes,” Smith said.

Aging Immigrants: A Retirement Crisis?

Although many in the decades-old immigrant waves, like those in Hawaii and Florida, are financially secure, many in the newer waves, from rural Mexico and Central America, aren’t. And some scholars who study the issue foresee a financially troubled, older immigrant population that the country will have to deal with.

Immigrants who arrive later in life are more likely to be financially troubled than those who arrive at an earlier age, according to a 2013 study by the Population Research Bureau. And their number is growing: Six million immigrants age 65 or older lived in the U.S. last year, more than double the 2.7 million in 1990.

Older immigrants also are more likely to be poorer than Americans who were born here and are unlikely to catch up to them financially, the study found, which means they aren’t as likely to be able to retire. They will have to work longer in life to make ends meet, and they won’t be eligible for public assistance, such as Medicaid, unless they become citizens.

Most new immigrants older than 60 are sponsored by their children under visa programs that allow immediate family members to join them legally, said Janet Wilmoth, director of the Aging Studies Institute at Syracuse University.

Federal immigration data show more than 64,000 immigrants arrived last year as parents of U.S. citizens, mostly from Mexico, India and China. Similarly, Florida has seen the number of older immigrants arriving from Cuba grow sixfold between 2010 and 2015, according to state records. Most said they were doing so to rejoin family.

Older immigrants also are a “potentially vulnerable population,” Wilmoth said, because of limited English and a lack of U.S. work experience, and can often become isolated, depressed and dependent on family members.

New York has one of the oldest immigrant populations, with a median age of 46, compared to 34 for residents born in the U.S. In some urban areas, public resources like senior centers are strained.

Last year, for instance, elderly Koreans in Queens protested that senior centers were too far away from them, and they were forced to use a McDonald’s restaurant in Flushing to socialize. State Assemblyman Ron Kim, a Democrat, brokered a settlement including more buses to transport them to far-away senior centers.

The older Asian-American population in the city is growing fast and, Kim said, “is in dire need of not only more senior centers but more senior housing and more social space.”

Immigrants fill many of the country’s labor gaps: from low-skilled work in agriculture to high-skilled work in science and technology. An Economic Policy Institute study last year calculated that while only 13 percent of U.S. residents were immigrants, they produced nearly 15 percent of U.S. economic output.

Applications now being accepted for Winter Energy Assistance Programs

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VANDERBURGH COUNTY APPLICATION SITE

  • Application by appointment only
  • 401 S.E. 6th St. Ste 001 / Walker Bldg (former Welborn Hospital)
  • CAPE ENTRANCE LOCATED ON CHERRY STREET (812)492-3928 or (812)425-4241
  • VANDERBURGH COUNTY – Customers whose gas & electric is completely turned off will be seen on Fridays on a walk-in basis
  • Customers with pink “Return Slips” must return Monday thru Thursday before 11 a.m.

      Households with all utilities included in rent do not qualify for this program.

  • Utility bill must be in the name of a current household member age 18 or older, the landlord or Power of Attorney.
  • This program DOES NOT PAY to have utilities switched into the name of the applicant.
  • If a household member is 18 years of age and still in high school, you must provide a current letter stating attendance, a current class schedule or a current report card
  • HOMEOWNERSHIP WILL BE VERIFIED
  • All renters must have a copy of a CAPE Landlord Affidavit available at CAPE offices, Trustee offices & other agencies.. IF HOME IS OWNED BY A FAMILY MEMBER OF THE APPLICANT BUT THE OWNER DOES NOT LIVE IN THE HOME, THE APPLICANT MUST HAVE A COMPLETED LANDLORD AFFADAVIT
  • CUSTOMERS APPROVED FOR THE ENERGY ASSISTANCE PROGRAM WILL NOT BE ELIGIBLE FOR THE WINTER MORATORIUM (12/1/15 thru 3/15/16) IF THEIR UTILITY BILL IS IN A DISCONNECT STATUS ON DECEMBER 1, 2015

TOTAL HOUSEHOLD INCOME FOR THE PAST 12 MONTHS MUST BE AT OR BELOW THE FOLLOWING:
Number in Household / Income
1 / $17,655
2 / $23,895
3 / $30,135
4 / $36,375
5 / $42,615

YOU MUST HAVE PROOF OF INCOME OR NO INCOME FOR ALL HOUSEHOLD MEMBERS AGE 18 AND OVER FOR THE PAST 12 MONTHS, YOUR UTILITY BILL WITH THE ACCOUNT NUMBER, ACTUAL SOCIAL SECURITY CARDS FOR ALL HOUSEHOLD MEMBERS AND THE APPLICANT’S PHOTO ID OR YOUR APPLICATION WILL NOT BE COMPLETED.


UE Winter Commencement Planned for Wednesday, December 16

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Seventy-nine University of Evansville students will receive degrees during the Winter Commencement ceremony at 3:00 p.m., Wednesday, December 16, in Neu Chapel on UE’s campus. The ceremony will include the announcement of the recipient of the 2015 Exemplary Teacher Award, presented by the General Board of Higher Education and Ministry of the United Methodist Church. After the event, there will be a reception sponsored by the UE Alumni Association in the Class of 1959 Gallery and Lounge in Ridgway University Center.

This year’s Winter Commencement speaker is UE associate psychology professor Margaret Stevenson, who received the 2015 Outstanding Teacher of the Year Award at May’s commencement ceremony. The University of Evansville Alumni Association presents this award annually to a faculty member who is nominated by students, faculty, or administrators for his or her exemplary teaching abilities.

Stevenson came to UE in 2008. She teaches courses in such areas as social psychology, research methods in psychology, and psychology and the law. At UE, Stevenson has been Honors Faculty Scholar in Residence, and served on the Institutional Diversity Council, Honors Program committee, and General Education Subcommittee. She has been the social sciences representative for UE Faculty Senate as well as corresponding secretary and parliamentarian. She received the Sydney and Sadelle Berger Award for Research in 2012, and the Association for Psychological Science RISE Research Award in 2011. She was presented the United Methodist Exemplary Teacher Award by the General Board of Higher Education and Ministry of the United Methodist Church in 2014. Stevenson is a past recipient of the American Psychological Association Division 37’s Section on Child Maltreatment Early Career Award. She serves on the editorial board for the Journal of Forensic Psychology and the International Journal of Psychological Studies. Stevenson earned her Ph.D. and Master of Arts in social psychology from the University of Illinois at Chicago, and her Bachelor Science degree in psychology and Bachelor of Science in French from Ohio State University.

For those who cannot attend Winter Commencement in person, a video of the ceremony will stream live at https://www.evansville.edu/live/

ZZ TOP TO EMBARK ON NORTH AMERICAN  HELL RAISERS TOUR IN 2016

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Legendary Texas Rockers Announce Extensive Spring Touring Schedule of U.S. And Canada

SUNDAY, MARCH 20, 2016

AIKEN THEATRE AT OLD NATIONAL EVENTS PLAZA

 Doors:  6:30 PM Show:  7:30PM

TICKETS ON SALE FRIDAY, DECEMBER 18TH @ 10:00AM

Tickets available at the Old National Events Plaza box office & all Ticketmaster Outlets, ticketmaster.com or by phone at 800-745-3000

$69.50 / $59.50 (plus applicable fees)

ALL SEATS RESERVED

 

More info:

ZZTop.com  | smgevansville.com  | nationalshows2.com

“That Little ol’ Band from Texas” is at it again. More than 46 years after their formation in the Houston area, Rock and Roll Hall of Fame inductees ZZ Top are hitting the road between mid-March and early May of next year. The Hell Raisers Tour will take the trio to more than two dozen cities in the U.S. and Canada, with focus on the Midwest, Pacific Northwest, and American South.

Hell Raisers Tour, the follow up to this year’s wildly successful Groove & Gravy Tour with Blackberry Smoke, begins in Oklahoma, heading north into Indiana and Ontario, and then westward, traversing the U.S.-Canada border multiple times. From there, the band travels southeast, hitting Colorado Springs, Oklahoma (again,) and  on to Mississippi, Louisiana, Florida, Tennessee and North Carolina.

ZZ Top is notable for having the most consistently stable lineup in the history of rock music. Singer/guitarist Billy F Gibbons, bassist/singer Dusty Hill and drummer Frank Beard continue to impress audiences, drawing material from their 15 studio albums, with combined record sales of over 25 million in the U.S. alone. Timeless hits like “La Grange,” “Legs,” “Sharp Dressed Man” and “Beer Drinkers & Hell Raisers” (from which the tour was named) have kept generations of audiences coming back decade after decade.

Billy Gibbons expressed enthusiasm for the upcoming run of European tour dates most eloquently, “ZZ is comin’ at’cha with the 2016 Hell Raisers Tour.  We getting the road ready and know you, too, are ready to rock. Gonna be a good, good time.  Make that a ‘good LOUD time!’”