Drugs Found In Impounded Car

Drugs Found In Impounded Car

Cook V. Equitable Life Assurance Society: Right Of Way Clearing Equipment Sales

12, 1985) (the April 12 Order). Mackey and The Equitable responded in two ways: first, by terminating Cooke's contract with The Equitable and refusing to pay continuing commissions on renewed policies Cooke had sold; and second, by mailing a letter to all of Cooke's clients (the "Mackey" letter), asserting that he had misinformed them about the financial health of The Equitable. Is the trial court's entry of summary judgment in this case contrary to Indiana law because the court entered judgment in favor of the named beneficiary of an insurance policy rather than in compliance with the insured testator's intent as expressed in his will? See Legro v. Kelley, 311 Mass. The equitable life assurance company. The certificate provided that Taylor could change the named beneficiary by following certain procedures. Thus, contrary to the apparent assumption of the court below, Equitable's perceived good faith was not dispositive of the issue. Appellant argues that, even if the terms of a will can be read into an inter vivos trust to give the latter necessary substance, such a rule is inapplicable in this case for a triad of reasons.

Cook V. Equitable Life Assurance Society For The Prevention

Tracts physically separated from one another frequently, but we cannot say always, are not and cannot be operated as a unit, and the greater the distance between them the less is the possibility of unitary operation, but separation still remains an evidentiary, not an operative fact, that is, a subsidiary fact bearing upon but not necessarily determinative of the ultimate fact upon the answer to which the question at issue hinges. The Owner may change the beneficiary from time to time prior to the death of the Insured, by written notice to the Society, but any such change shall be effective only if it is endorsed on this policy by the Society, and, if there is a written assignment of this policy in force and on file with the Society (other than an assignment to the Society as security for an advance), such a change may be made only with the written consent of the assignee. If the society has waived a strict compliance with its own rules, and in pursuance of a request of the insured to change the beneficiary, has issued a new certificate to him, the original beneficiary will not be heard to complain that the course indicated by the regulations was not pursued.

Cook V. Equitable Life Assurance Society Of The United

On March 5, 1965, Douglas and Doris were divorced. Like the second, the first counterclaim derived its impetus from the Massachusetts consumer protection statute, ch. 6C (prejudgment interest available in claims for breach of contract from date of breach or demand). This, then, can fairly be treated as the date of breach for purposes of section 6C. G., Underwriters at Lloyd's v. Nichols, 363 F. 2d 357, 365 (8th Cir. Co., 13 N. 31; Cohen v. Mutual Life Ins. City of Chicago v. EQUITABLE LIFE ASSURANCE SOC., US, 134 N. E. 2d 296 (Ill. 1956). See Van Dyke v. St. Paul Fire & Marine Ins. The equitable life assurance society of the united states phone number. Here, the store and parking properties were acquired at different times, from different owners, and for different purposes. This, we think, was entirely fitting. Procedural History: Trial court found that there was no genuine issue of fact and gave the money to Doris. With this we cannot agree. Under this more expansive definition, goodwill becomes a saleable asset in certain circumstances.

The Equitable Life Assurance Society Of The United States Phone Number

Douglas went on to marry. However, he was not permitted to say how he arrived at this valuation. They were not used for any common purpose as one tract of land. We will not permit the tail to wag the dog in so witless a fashion.

Cook V. Equitable Life Assurance Society Conference

An expert's opinion can best be tested by examining the facts upon which it stands. How, then, can plaintiff justify having filed an interpleader encompassing those funds? Unlike in Frost, the trust instructions were undeniably in the front of the insured's mind when he designated the trustee as beneficiary. Christopher M. Dube, '98. The standard is an objective one. ¶ 4 Cooke responded by filing suit in 1992, alleging defamation, wrongful termination and breach of contract. As appellants phrase it, Other than non-payment of the renewal commissions, and termination of employment, there was no other evidence of any breach of contract by defendant. While it is often said that the tracts must be "contiguous, " it is generally recognized that physical touching or its lack is not conclusive. It is a truism that in appeals from the granting of summary judgment we shall construe all materials on file in favor of appellants and resolve all doubts against the appellees to determine if a genuine issue of material fact exists.

Cook V. Equitable Life Assurance Society For The Prevention Of Cruelty

Thus, although the condemned parcel was being presently used for free parking purposes, the owners should have been allowed to offer evidence as to its commercial use and facts in support thereof. From these facts, a reasonable fact-finder could determine that Mackey acted rashly and negligently in reacting to Cooke's draft brought to his attention. Here there is no such indication or implication. Holding: No, the beneficiaries must be changed in accordance with the terms of the policy if it is possible to do so.

Discovery was made; interrogatories and affidavits were filed; and all parties moved for summary judgment. Again we held that, although recovery could be had for damages to contiguous property not taken, those parcels which were separated from the condemned area by public streets or alleys were not a proper subject of the eminent domain proceedings. The district court entered summary judgment for the insurer because the record contained "no indication of bad faith on the part of [Equitable]" in bringing the interpleader and paying the 30% share into court. Puleio v. Vose, 830 F. 2d 1197, 1203 (1st Cir. Brief of Plaintiff-Appellee at 20.

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Right Of Way Tree Clearing Equipment

How do we get the tree down? Materials can be left on site our hauled away. For bigger jobs, an excavator attachment configured with the dedicated Fecon power pack motor delivers the required extra horsepower. This boundary could be a horizontal one, that includes trimming and pruning overgrown trees to clear a walk or roadway, or some access point. Before anything can be built, the site needs to be cleared of trees, debris, stumps, weeds and anything else that might get in the way. Sustained peak grinding power. Handle the thickest hardwoods, largest areas, and heaviest duty applications like a champ. Our right-of-way clearing crews adhere to the regulations set forth in OSHA 1910. In addition, tree roots can grow into the area and damage cables if right of way clearing is neglected. Those looking to remove obstructions quickly and easily should consider site prep tractors. A new radial piston high-pressure motor provides full torque capability at start-up.

Right Of Way Clearing Companies

The attachment for 4. Available in a 60-inch-wide cutting width, the cutting head runs on a high-output variable-displacement piston motor with a self-aligning belt. To be successful in large scale clearing projects, Penn Line believes you have to have the right equipment for the job.

Right Of Way Equipment

It is available in cutting widths of 60, 72 or 84 inches. Penn Line has the ability to install all the erosion and sediment controls on your project to eliminate environmental concerns, including silt sock, stone entrances, water bars, diversion ponds, and matting. Similar to excavators, forest machines are also powerful and versatile equipment that offer stability due to their heavy-duty tracks. These tools allow you to quickly and conveniently eliminate trees, brush and rock for maximum productivity. Instead of a bucket, using a grapple attachment for excavators gives you the ability to grab hold of debris and pile it up or load it into a truck. Game and livestock fencing.

Right Of Way Clearing Equipment

Do you have a way of disposing of the material removed, for example, can you burn or bury the trees? Our operators have safety meetings and are required to use on-site precautions such as personal protective equipment (PPE). To use the most appropriate vegetation control solutions for each project, we create a plan specifically tailored to your requirements and expectations that complies with regulations and considers the type of vegetation and its growing cycles, any environmental concerns in the area, and the weather. These are four-wheeled machines on a tractor frame with two small front wheels and two large rear ones, with a rear stabilizer to prevent tipping. Once you've decided on the types of land clearing equipment and attachments you need, the next step is acquiring high-quality products when you need them. They come in cutting widths of 42 or 48 inches and are compatible with ASV, Bobcat and Toro mini skid steer mounts, which also work on Ditch Witch, Kubota, Vermeer and other brands. A protruding rotor lets the mulcher process more material without dragging it. Please give us a call to get in contact with one of our land services experts and get a free quote! The Berlon Root Rake Grapple is designed for mini skid steers, also known as compact utility loaders, and compact tractors. ✔ Brush Clearing and Trimming.

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Iron Mountain Forestry helps pipeline companies and utilities meet the Vegetation Management regulatory standards issued by the Federal Energy Regulatory Commission (FERC). Are you taking out 100% of the trees or just the smaller underbrush and dead or damaged trees? It delivers a clamping force of up to 54, 000 foot-pounds of torque at 3, 000 psi. Stan's marsh buggies have low centers of gravity and are relatively small. The nifty thing about skidsteers is that many different attachments and implements can easily be changed out quickly in a matter of minutes. With some models having over 100 horsepower, they can take on an impressive amount of the rugged work involved in land clearing. Our excavator equipped with a mulching head can mulch hard to reach or wet areas. With properly maintained right-of-ways, utility systems and pipelines can easily be inspected, maintained and surveyed. We provide effective and productive right-of-way clearing for a wide range of applications. Trees, branches, brush, stumps and other wood debris up to 40″ wide can be ground into a natural mulch by our high powered horizontal grinder. Case's mulching head for the company's skid steers and compact track loaders features a two-speed motor that automatically adjusts motor displacement to maximize rotor speed and torque to the material load. What do we do with it once it is down? It features a large, heavy drive system to achieve professional grade performance.

Instead of hauling away or burning. After clearing land, whether it's cutting back brush or removing or pruning trees, you need an efficient way to manage the debris. Stumps can be removed or ground. Used and Demo Equipment. When renting from The Cat Rental Store, you'll experience the following benefits: If you're searching for specialized land clearing equipment, look no further than The Cat Rental Store for all your needs. However, an emphasis on safe working procedures remains our top concern. Logging and land clearing operations can leverage CBI's advancements in portability to reduce fuel consumption and the overall cost of transportation. Visit The Cat Rental Store near you to speak with one of our representatives or browse our rental equipment and request a reservation online. Our equipment consists of four-wheel drive, high volume spray trucks, Ardco spray vehicles, spray tractors, as well as low volume back-pack sprayers.

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