1,566 research outputs found

    Extension of the No Subrogation against Insured Rule: \u3ci\u3eStetina v. State Farm Mutual Automobile Ins. Co.\u3c/i\u3e, 196 Neb. 441, 243 N.W.2d 341 (1976)

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    Subrogation is an important concept in insurance law. There are several reasons why an insurer that has paid for a loss should be allowed to recover from those legally responsible. First, the insured is prevented from recovering twice for the same loss, preserving the principle of indemnity. Second, the insurer is reimbursed for the payment it has made. Third, the tort-feasor, who is legally responsible, is prevented from receiving a windfall by being absolved of liability. Stated simply, subrogation is a creature of equity having for its purpose the working out of an equitable adjustment between the parties by securing the ultimate discharge of a debt by the person who in equity and good conscience ought to pay it. In Stetina v. State Farm Mutual Automobile Insurance Co., the Nebraska Supreme Court restricted the insurer\u27s right to subrogation on payment of a loss to its insured. If the no subrogation against insured rule is interpreted to prevent an insurer from ever having subrogation rights against one insured by it, situations may occur in which the claimant insured is allowed double recovery or where the tort-feasor insured receives the windfall of being absolved of liability, both at the expense of the insurer

    Extension of the No Subrogation against Insured Rule: \u3ci\u3eStetina v. State Farm Mutual Automobile Ins. Co.\u3c/i\u3e, 196 Neb. 441, 243 N.W.2d 341 (1976)

    Get PDF
    Subrogation is an important concept in insurance law. There are several reasons why an insurer that has paid for a loss should be allowed to recover from those legally responsible. First, the insured is prevented from recovering twice for the same loss, preserving the principle of indemnity. Second, the insurer is reimbursed for the payment it has made. Third, the tort-feasor, who is legally responsible, is prevented from receiving a windfall by being absolved of liability. Stated simply, subrogation is a creature of equity having for its purpose the working out of an equitable adjustment between the parties by securing the ultimate discharge of a debt by the person who in equity and good conscience ought to pay it. In Stetina v. State Farm Mutual Automobile Insurance Co., the Nebraska Supreme Court restricted the insurer\u27s right to subrogation on payment of a loss to its insured. If the no subrogation against insured rule is interpreted to prevent an insurer from ever having subrogation rights against one insured by it, situations may occur in which the claimant insured is allowed double recovery or where the tort-feasor insured receives the windfall of being absolved of liability, both at the expense of the insurer

    Extension of the No Subrogation against Insured Rule: \u3ci\u3eStetina v. State Farm Mutual Automobile Ins. Co.\u3c/i\u3e, 196 Neb. 441, 243 N.W.2d 341 (1976)

    Get PDF
    Subrogation is an important concept in insurance law. There are several reasons why an insurer that has paid for a loss should be allowed to recover from those legally responsible. First, the insured is prevented from recovering twice for the same loss, preserving the principle of indemnity. Second, the insurer is reimbursed for the payment it has made. Third, the tort-feasor, who is legally responsible, is prevented from receiving a windfall by being absolved of liability. Stated simply, subrogation is a creature of equity having for its purpose the working out of an equitable adjustment between the parties by securing the ultimate discharge of a debt by the person who in equity and good conscience ought to pay it. In Stetina v. State Farm Mutual Automobile Insurance Co., the Nebraska Supreme Court restricted the insurer\u27s right to subrogation on payment of a loss to its insured. If the no subrogation against insured rule is interpreted to prevent an insurer from ever having subrogation rights against one insured by it, situations may occur in which the claimant insured is allowed double recovery or where the tort-feasor insured receives the windfall of being absolved of liability, both at the expense of the insurer

    Underground nuclear power plant siting

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    This study is part of a larger evaluation of the problems associated with siting nuclear power plants in the next few decades. This evaluation is being undertaken by the Environmental Quality Laboratory of the California Institute of Technology in conjunction with The Aerospace Corporation and several other organizations. Current efforts are directed toward novel approaches to siting plants within the State of California. This report contains the results of efforts performed by The Aerospace Corporation to provide input information to the larger evaluation relative to underground siting of large central station nuclear power plants. Projections of electric power demand in California and the country as a whole suggest that a major increase in generating capacity will be required. The problem is complicated beyond that of a large but straightforward extension of capital investment by increased emphasis on environmental factors combined with the early stage of commercial application and regulation of nuclear power sources. Hydroelectric power generation is limited by the availability of suitable sites, and fossil fueled plants are constrained by the availability of high quality fuels and the adverse environmental and/or economic impact from the use of more plentiful fuels. A substantial increase in the number of nuclear power plants is now under way. This source of power is expected to provide the maj or portion of increased capacity. Other power sources such as geothermal and nuclear fusion are unlikely to satisfy the national needs due to technical problems and the lack of a comprehensive development program. There are several problems associated with meeting the projected power demand. Chief among these is the location of acceptable and economic plant sites. Indeed a sufficient number of sites may not be found unless changes occur in the procedures for selecting sites, the criteria for accepting sites, or the type of site required. Placement of a nuclear plant underground has been suggested as an alternative to present siting practices. It is postulated that the advantages of underground siting in some situations may more than compensate for added costs so that such facilities could be preferred even where surface sites are available. By virtue of greater safety, reduced surface area requirements, and improved aesthetics, underground sites might also be found where acceptable surface sites are not available. Four small European reactors have been constructed partially underground but plans for large size commercial plants have not progressed. Consequently, the features of underground power plant siting are not well understood. Gross physical features such as depth of burial, number and size of excavated galleries, equipment layout, and access or exit shafts/tunnels must be specified. Structural design features of the gallery liners, containment structure, foundations, and gallery interconnections must also be identified. Identification of the nuclear, electrical, and support equipment appropriate to underground operation is needed. Operational features must be defined for normal operations, refueling, and construction. Several magazine articles have been published addressing underground concepts. but adequate engineering data is not available to support an evaluation of the underground concept. There also remain several unresolved questions relative to the advantages of underground siting as well as the costs and other possible penalties associated with this novel approach to siting. These include the degree of increased safety through improved containment; the extent and value of isolation from falling objects, e. g. aircraft; the value of isolation from surface storms and tidal waves; the value of protection from vandalism or sabotage; the extent by which siting constraints are relieved through reduced population-distance requirements or aggravated by underground construction requirements; and the value to be placed upon the aesthetic differences of a less visible facility. The study described in this report has been directed toward some of these questions and uncertainties. Within the study an effort has been made to identify viable configurations and structural liners for typical light water reactor nuclear power plants. Three configurations are summarized in Section 3. A discussion of the underground gallery liner design and associated structural analyses is presented in Section 4. Also addressed in the study and discussed in Section 5 are some aspects of containment for underground plants. There it is suggested that the need for large separations between the plant and population centers may be significantly reduced, or perhaps eliminated. Section 6 contains a brief discussion of operational considerations for underground plants. The costs associated with excavation and lining of the underground galleries have been estimated in Section 7. These estimates include an assessment of variations implied by different seismic loading assumptions and differences in geologic media. It is shown that these costs are a small percentage of the total cost of comparable surface plants. Finally, the parameters characterizing an acceptable underground site are discussed in Section 8. Material is also included in the appendices pertaining to foreign underground plants, span limits of underground excavations, potential siting areas for underground plants in the State of California, pertinent data from the Underground Nuclear Test Program, and other supporting technical discussions

    Women World Leaders: Comparative Analysis and Gender Experiences

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    Research suggests that executive political office poses additional and different political challenges for women than legislative office. Yet, a few dozen women have attained their nations’ highest executive office. Surprisingly little research has been devoted to the experiences of these women world leaders. This study builds profiles of the women world leaders in the modern era and analyzes their backgrounds and political experiences in an effort to both identify commonalities among the women leaders and assess the challenges they faced on account of their sex

    Digestibility and rumen fermentation of a high forage diet pre-treated with a mixture of cellulase and xylanase enzymes

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    El articulo esta publicado en una revista de Open accessForages play an important role in ruminant animal production worldwide. Unlocking the nutritional potential of poor-quality tropical forages with fibrolytic enzymes would improve forage digestibility and utilization. Using in vitro and in vivo methods this study investigated the effect of pre-treating Smutsfinger hay for 24 hours with a mixture of fibrolytic enzyme (100% cellulase; 75% cellulase: 25% xylanase; 50% cellulase: 50% xylanase; 25% cellulase: 75% xylanase; 100% xylanase and a control with no enzyme) on ruminal fermentation and digestibility of nutrients by sheep. For in vitro fermentation, dry matter, neutral detergent fibre (NDF) degradability and volatile fatty acids (VFA) were determined with standard procedures. The same treatments were used for an in vivo digestibility trial using Merino sheep in a 6 x 6 Latin square design. Feed intake and total tract digestibility were recorded. Rumen fluid samples were collected daily, preserved, and analysed for VFA. The addition of 100% cellulase enzyme to Smutsfinger hay in vitro increased (P <0.05) NDF degradability and gas production compared with the control and inclusion of 100% xylanase enzyme. Both 100% cellulase and xylanase enzymes significantly reduced in vitro end time fermentation pH. A 50:50 mixture of cellulase and xylanase plus enzyme in vivo, increased acetate, total VFA concentration, and higher NDF and ADF digestibility of the test feed compared with the control. Inclusion of a 50-75% mixture of cellulase and 50-25% xylanase enzymes treatment led to higher gas production and butyrate concentration, decreased ruminal pH and improved nutrient digestibility

    Explainable Artificial Intelligence for Mechanics: Physics-Explaining Neural Networks for Constitutive Models

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    (Artificial) neural networks have become increasingly popular in mechanics and materials sciences to accelerate computations with model order reduction techniques and as universal models for a wide variety of materials. However, the major disadvantage of neural networks remains: their numerous parameters are challenging to interpret and explain. Thus, neural networks are often labeled as black boxes, and their results often elude human interpretation. The new and active field of physics-informed neural networks attempts to mitigate this disadvantage by designing deep neural networks on the basis of mechanical knowledge. By using this a priori knowledge, deeper and more complex neural networks became feasible, since the mechanical assumptions can be explained. However, the internal reasoning and explanation of neural network parameters remain mysterious. Complementary to the physics-informed approach, we propose a first step towards a physics-explaining approach, which interprets neural networks trained on mechanical data a posteriori. This proof-of-concept explainable artificial intelligence approach aims at elucidating the black box of neural networks and their high-dimensional representations. Therein, the principal component analysis decorrelates the distributed representations in cell states of RNNs and allows the comparison to known and fundamental functions. The novel approach is supported by a systematic hyperparameter search strategy that identifies the best neural network architectures and training parameters. The findings of three case studies on fundamental constitutive models (hyperelasticity, elastoplasticity, and viscoelasticity) imply that the proposed strategy can help identify numerical and analytical closed-form solutions to characterize new materials
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