alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Adam Christophersen, Respondent, v Allstate Insurance Company, Appellant, et al., Defendant.

[824 NYS2d 171]

*516In an action, inter alia, to recover damages for breach of an insurance contract, the defendant Allstate Insurance Company appeals from so much of an order of the Supreme Court, Rockland County (Nelson, J.), dated September 9, 2005, as, upon denying the plaintiffs cross motion, inter alia, for summary judgment on the first cause of action to recover damages for breach of contract, in effect, denied its request to search the record and award it summary judgment dismissing that cause of action insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

A policy of insurance is vitiated where the insured has “ ‘willfully and fraudulently placed in the proofs of loss a statement of property lost which he did not possess, or has placed a false and fraudulent value upon the articles which he did own’ ” *(Saks & Co. v Continental Ins. Co.,*23 NY2d 161, 165 [1968], quoting *Domagalski v Springfield Fire & Mar. Ins. Co.,*218 App Div 187, 190 [1926]). However, “unintentional fraud or false swearing or the statement of any opinion mistakenly held are not grounds for vitiating a policy” *(Sunbright Fashions v Greater N.Y. Mut. Ins. Co.,*34 AD2d 235, 237 [1970], *affd*28 NY2d 563 [1971]). While there is no question that the plaintiff gave the defendant Allstate Insurance Company (hereinafter Allstate) inaccurate information in his original proof of loss statements, a triable issue of fact exists as to whether the plaintiff thereby intended to defraud Allstate (see *e.g. St. Irene Chrisovalantou Greek Orthodox Monastery v Cigna Ins. Co.,*226 AD2d 624 [1996]; *cf. Pipo Bar & Rest., Inc. v Certain Underwriters at Lloyd’s at London,*15 AD3d 556, 557 [2005]; *Rickert v Travelers Ins. Co.,*159 AD2d 758, 760 [1990]).

Further, a triable issue of fact exists regarding whether the plaintiff’s other alleged misrepresentations were sufficiently material to warrant the denial of coverage under the policy. Indeed, “[t]he issue of materiality is generally a question of fact for the jury [and] . . . [c]onclusory statements by insurance company employees . . . are insufficient to establish materiality as a matter of law” *(Parmar v Hermitage Ins. Co.,*21 AD3d 538, 540-541 [2005]; *see Lenhard v Genesee Patrons Co-op. Ins. Co.,*31 AD3d 831 [2006]).

Accordingly, the Supreme Court correctly declined *to*search the record and award Allstate summary judgment dismissing the first cause of action to recover damages for breach of contract insofar as asserted against it. Santucci, J.E, Mastro, Spolzino and Fisher, JJ., concur.
EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In  connection   with  the  Quarterly   Report  of  Western   Financial
Corporation,  on Form 10-QSB for the period  ending  September 30, 2003 as filed
with the Securities and Exchange  Commission on the date hereof (the  "REPORT"),
the  undersigned,  B. Stephen  Bailey,  Chief  Executive  Officer and  Principal
Accounting Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350,
as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002, that to the
best of my knowledge and belief:

         1. The Report fully complies with the requirements of section 13 (a) or
15 (d) of the Securities Exchange Act of 1934; and

         2. The  information  contained in the Report  fairly  presents,  in all
material  respects,  the  financial  condition  and result of  operations of the
Company.


Date: April 19, 2004

/s/ B. Stephen Bailey
B. Stephen Bailey
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
### §460eee. Establishment

#### (a) In general

In order to provide for public outdoor recreation use and enjoyment of the lands and waters associated with Lake Meredith in the State of Texas, and to protect the scenic, scientific, cultural, and other values contributing to the public enjoyment of such lands and waters, there is hereby established the Lake Meredith National Recreation Area (hereafter in this Act referred to as the "recreation area").

#### (b) Area included

The recreation area shall consist of the lands, waters, and interests therein within the area generally depicted on the map entitled "Lake Meredith National Recreation Area Boundary Map, 'Fee-Take Line' ", numbered SWRO—80,023–A, and dated September 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the "Secretary") may from time to time make minor revisions in the boundary of the recreation area.

#### (c) Transfer

(1) Except as provided in paragraph (2), the Federal lands, waters, and interests therein within the recreation area are hereby transferred to the National Park Service.

(2) Those lands depicted on the map referred to in subsection (b) that are necessary for the continued operation, maintenance, and replacement of the Canadian River Project facilities and its purposes of providing for municipal and industrial water supply and flood control shall remain under the jurisdiction of the Bureau of Reclamation.

(Pub. L. 101–628, title V, §502, Nov. 28, 1990, 104 Stat. 4492.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in subsecs. (a) and (b), is Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4469, which enacted this subchapter, subchapters CXV (§460ddd) and CXVII (§460fff et seq.) of this chapter, chapter 65 (§4601 et seq.) of this title, and former sections 1a–9 to 1a–13 of this title, amended section 410ee, former section 463, and sections 1274 and 1276 of this title, enacted provisions set out as notes under sections 1132 and 1271 of this title and section 1522 of Title 43, Public Lands, and formerly set out as notes under section 1a–5 of this title, and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 29, 2006 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 132120 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, ODESSA HALLMAN, Personal Justices 

Representative of the Estate of LEONARD

HALLMAN, JR., Deceased,

Plaintiff-Appellant, 

v SC: 132120 

 COA: 262527 
 Wayne CC: 03-310847-NI

HOLY CROSS HOSPITAL OF DETROIT,

d/b/a ST. JOHN NORTHEAST COMMUNITY

HOSPITAL, NADIMPALLI RAJU, M.D., 

COMMUNITY CASE MANAGEMENT, 

and ESSIE L. MOORE, MSW, 

Defendants-Appellees, 

and 

LATHAM ADULT FOSTER CARE HOME, L.L.C., 

Defendant.
 

__________________________________________/ 

On order of the Court, the application for leave to appeal the August 10, 2006 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

d1120 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 29, 2006 

 Clerk
### §518. Acquisition of lands not defeated by rights-of-way, easements, and reservations

Such acquisition by the United States shall in no case be defeated because of located or defined rights of way, easements, and reservations, which, from their nature will, in the opinion of the Secretary of Agriculture, in no manner interfere with the use of the lands so encumbered, for the purposes of this Act. Such rights of way, easements, and reservations retained by the owner from whom the United States receives title, shall be subject to the rules and regulations prescribed by the Secretary of Agriculture for their occupation, use, operation, protection, and administration, and such rules and regulations shall be expressed in and made part of the written instrument conveying title to the lands to the United States; and the use, occupation, and operation of such rights of way, easements, and reservations shall be under, subject to, and in obedience with the rules and regulations so expressed.

(Mar. 1, 1911, ch. 186, §9, 36 Stat. 962; Mar. 4, 1913, ch. 145, §1 (part), 37 Stat. 855; Pub. L. 94–588, §17(a)(5), Oct. 22, 1976, 90 Stat. 2962.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, means act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted this section, former sections 513 and 514 of this title, and sections 515 to 517a, 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.

#### Amendments

1976—Pub. L. 94–588 struck out "the National Forest Reservation Commission and" after "in the opinion of".

1913—Act Mar. 4, 1913, amended act Mar. 1, 1911, generally to provide that acquisition of lands under this section would not be defeated by rights of way, easements, and reservations retained by the owner from whom title is received.
###### Editorial Note on Part 635

#### Editorial Note:

Nomenclature changes to part 635 appear at 67 FR 75924, Dec. 10, 2002.

#### § 635.126 [Reserved]
§ 542.16 Assistance. ( a ) An inmate may obtain assistance from another inmate or from institution staff in preparing a Request or an Appeal. An inmate may also obtain assistance from outside sources, such as family members or attorneys. However, no person may submit a Request or Appeal on the inmate's behalf, and obtaining assistance will not be considered a valid reason for exceeding a time limit for submission unless the delay was caused by staff.
( b ) Wardens shall ensure that assistance is available for inmates who are illiterate, disabled, or who are not functionally literate in English. Such assistance includes provision of reasonable accommodation in order for an inmate with a disability to prepare and process a Request or an Appeal.
### §266. Authorization of appropriations for acquisition of additional lands

For the acquisition of lands authorized in section 267 of this title, there are authorized to be appropriated such sums as may be necessary, but not more than $427,500.

(Pub. L. 93–477, title I, §101(3), Oct. 26, 1974, 88 Stat. 1445.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of act June 11, 1940, ch. 304, 54 Stat. 262, which comprises this subchapter.
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1819 E. SOUTHERN AVE.STE B10MESA AZ 85204         

1819 E. SOUTHERN AVE.STE B10MESA AZ 85204         480-336-9730

Baseline CRE Income Fund CIK#: 0001988276 (see all company filings)
State location: AZ | State of Inc.: **MA**File Number: **812-15497**

||
||
Rules Log Database (RLDB) http://www.arb.ca.gov/rldb/rldb.htm

1 of 2 5/27/2016 8:11 AM
Rules Log Database (RLDB)

This page last reviewed April 10, 2015

The Rules Log Database (RLDB) chronicles the history of rules controlling sources of air pollution, as

developed and adopted by California's 35 air pollution control and air quality management districts.

The RLDB lists the dates the district board first adopted and subsequently amended or rescinded a

rule, and the date the California Air Resources Board received the rule. The RLDB also lists the date

the rule was submitted, on request of the district, to the United States Environmental Protection

Agency (U.S. EPA) for inclusion to the State Implementation Plan (SIP). Finally, the RLDB gives the

dates and types of U.S. EPA rulemaking actions on the rule.

Currently, the RLDB contains records for rules that are intended by the districts to be revisions to the

SIP and which were adopted or amended during the period January 1, 1981, to the present.

To access the RLDB, select a district from the list: 

After you have selected a district, you may select one of the following items and then click the "Go!"

button to process your request. If you do not select any options, and click on "Go" you will get a list of

the regulations, rules and titles for the district you selected. From that list, you will be able to go

directly to the individual rule of your choice.

For a complete history of all the rules from the district you have selected, check this box - 

If you know the specific rule from the selcted district that you wish to look up, input the rule

number.

Enter Rule Number Here: 

Alternately, you may search the rule titles in all 35 districts for specific subjects by entering a keyword

here (this search will ignore any district you selected above).

Enter Keyword Here: click on

For information regarding U.S. EPA guidance on rule development for rules intended to be part of the

State Implementation Plan, click here: Little Blue Book

Note: The California Air Resources Board cannot guarantee the accuracy of the record information

contained in the Rules Log Database. If you have any questions or comments regarding the record

information, please contact:

Monica Lewis, Air Pollution Specialist

Ariel Fideldy, Air Pollution Specialist

Carol Sutkus, Manager; South Coast Air Quality Planning Section

Rules Log Database (RLDB) http://www.arb.ca.gov/rldb/rldb.htm

2 of 2 5/27/2016 8:11 AM
III 

116TH CONGRESS 

1ST SESSION S. RES. 301 

Honoring the 50th anniversary of the return of the Indiana Rangers. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2019 

Mr. BRAUN (for himself and Mr. YOUNG) submitted the following resolution; 

which was considered and agreed to 

RESOLUTION 

Honoring the 50th anniversary of the return of the Indiana 

Rangers. 

Whereas the lineage of the 151st Infantry Regiment of the 

Indiana National Guard dates back to the formation of 

the 2nd Regiment of Indiana Volunteers in June 1846; 

Whereas in 1968, Company D of the 151st Infantry Regiment of the Indiana National Guard was activated in 

preparation for deployment to Vietnam; 

Whereas Company D of the 151st Infantry Regiment was 

commonly referred to as the ‘‘Indiana Rangers’’; 

Whereas in December of 1968, the Indiana Rangers were deployed to Vietnam; 

Whereas the Indiana Rangers were the only Army National 

Guard ground maneuver unit to serve in Southeast Asia; 


kjohnson on DSK79L0C42 with BILLS
2 

•SRES 301 ATS 

Whereas the Indiana Rangers served in Vietnam from December of 1968 to November of 1969; 

Whereas the Indiana Rangers earned more decorations during their year of service in Vietnam than any other Army 

infantry company during any 1-year period in the Vietnam War; and 

Whereas in November of 1969, the Indiana Rangers returned 

to Indiana: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) the Indiana Rangers that served in the 

3 Vietnam War fought for the United States with 

4 bravery and honor; 

5 (2) the Indiana Rangers and all members of the 

6 armed forces who served in the Vietnam War con7 tinue to be held in the highest possible regard by 

8 their community and the United States; 

9 (3) we honor the service of this unit on the 50th

10 anniversary of the return of the Indiana Rangers; 

11 and 

12 (4) for the many that were willing to sacrifice 

13 for the United States, and the many that did not re14 turn home, the United States was preserved and will 

15 continue to prosper. 

Æ 


kjohnson on DSK79L0C42 with BILLS
§ 90.16 Polygraph testing prohibition. ( a ) For a State to be eligible for funding under this program, the State must meet the requirements of 42 U.S.C. 3796gg-8 with regard to prohibiting polygraph testing of sexual assault victims.
( b ) An Indian tribal government or unit of local government shall not be eligible for subgrants from the State unless it complies with the requirements of 42 U.S.C. 3796gg-8 with respect to its laws, policies, or practices prohibiting polygraph testing of sexual assault victims.
§ 636.210 What requirements apply to projects which use the modified design-build procedure? ( a ) Modified design-build selection procedures (lowest price technically acceptable source selection process) may be used for any project.
( b ) The solicitation must clearly state the following: ( 1 ) The identification of evaluation factors and significant subfactors that establish the requirements of acceptability.
( 2 ) That award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors.
( c ) The contracting agency may forgo a short listing process and advertise for the receipt of proposals from all responsible offerors. The contract is then awarded to the lowest responsive bidder.
( d ) Tradeoffs are not permitted, however, you may incorporate cost-plus-time bidding procedures (A + B bidding), lane rental, or other cost-based provisions in such contracts.
( e ) Proposals are evaluated for acceptability but not ranked using the non-cost/price factors.
( f ) Exchanges may occur (see subpart D of this part).
III 

116TH CONGRESS 

1ST SESSION S. RES. 426 

Expressing the sense of the Senate that Members of Congress should substitute teach at least 1 day per year in a public school to gain firsthand 

knowledge on how to address the prevailing challenges facing educators 

and how to remove obstacles to learning for students. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2019 

Mr. KENNEDY submitted the following resolution; which was referred to the 

Committee on Health, Education, Labor, and Pensions 

RESOLUTION 

Expressing the sense of the Senate that Members of Congress should substitute teach at least 1 day per year 

in a public school to gain firsthand knowledge on how 

to address the prevailing challenges facing educators and 

how to remove obstacles to learning for students. 

Whereas teachers play a critical role in shaping the minds 

and lives of children; 

Whereas there are projected to be 3,200,000 full-time public 

school teachers in 2020; 

Whereas approximately 200,000 teachers leave the profession 

each year; 

Whereas in the 115th Congress, there were more than 2 

times as many Members of Congress that had backVerDate Sep 11 2014 21:22 Nov 14, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR426.IS SR426

pamtmann on DSKBC07HB2PROD with BILLS
2 

•SRES 426 IS 

grounds in public service or politics than Members of 

Congress that had backgrounds in education; and 

Whereas Members of Congress should be on the ground in 

public schools to understand the challenges that educators and students face, including challenges relating 

to— 

(1) a growing shortage of teachers; 

(2) issues of teacher pay; 

(3) a lack of resources in both urban and rural 

areas; 

(4) teacher preparedness; 

(5) chronic absenteeism among students; 

(6) poverty; and 

(7) parental involvement: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes the contributions of teachers to 

3 the United States; 

4 (2) thanks teachers for their service; and 

5 (3) recommends that each Member of Congress 

6 spend at least 1 day per year serving as a substitute 

7 teacher in a public school. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
### §4727. Intentional introductions policy review

Within one year of November 29, 1990, the Task Force shall, in consultation with State fish and wildlife agencies, other regional, State and local entities, potentially affected industries and other interested parties, identify and evaluate approaches for reducing the risk of adverse consequences associated with intentional introduction of aquatic organisms and submit a report of their findings, conclusions and recommendations to the Congress.

(Pub. L. 101–646, title I, §1207, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, §2(g), (h)(1), Oct. 26, 1996, 110 Stat. 4091.)

#### **Editorial Notes**

#### Amendments

1996—Pub. L. 104–332, §2(h)(1), made technical amendment to Pub. L. 101–646, §1207, which enacted this section.

Pub. L. 104–332, §2(g), substituted "Congress" for "appropriate Committees".
### §460z–5. Land acquisition in inland sector

Within the inland sector established by section 460z–2 of this title the Secretary may acquire the following classes of property only with the consent of the owner:

(a) improved property as hereinafter defined;

(b) property used for commercial or industrial purposes if such commercial or industrial purposes are the same such purposes for which the property was being used on December 31, 1970, or such commercial or industrial purposes have been certified by the Secretary or his designee as compatible with or furthering the purposes of this subchapter;

(c) timberlands under sustained yield management so long as the Secretary determines that such management is being conducted in accordance with standards for timber production, including but not limited to harvesting reforestation, and debris cleanup, not less stringent than management standards imposed by the Secretary on comparable national forest lands: Provided, That the Secretary may acquire such lands or interests therein without the consent of the owner if he determines that such lands or interests are essential for recreation use or for access to or protection of recreation developments within the purposes of this subchapter. In any acquisition of such lands or interests the Secretary shall, to the extent practicable, minimize the impact of such acquisition on access to or the reasonable economic use for sustained yield forestry of adjoining lands not acquired; and

(d) property used on December 31, 1970, primarily for private, noncommercial recreational purposes if any improvements made to such property after said date are certified by the Secretary of Agriculture or his designee as compatible with the purposes of this subchapter.

(Pub. L. 92–260, §7, Mar. 23, 1972, 86 Stat. 100.)