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Show UNIVERSITY OF UZRMii::' DEC Faria If OrtJ:r D;.jrtr n' . . University nf Uth 3 u; ah 1372 EQUALS ORDER DEW Astern ameu SALT LAKE VOLUME 16, NUMBER 235 CITY, UTAH U.S. Housing Utah Supreme Court Decisions Insurance Must Pay on Collision NO TITLE PASSED CAR SOLD, WASHINGTON (UPI) - Federal housing programs ate failing to provide decent homes for poor and DELIVERY MADE BUT CERTIFICATE OF TITLE HELD middle-incom- STATE FARM MUTUAL INSURANCE, Plaintiff California Courts Program Fails, Official Says - Capsule - e families, Comp- troller General Elmer B. Staats has declared. & Appellant JACK B. HOLT, ROMA K. HOLT, TSOSIE B. YAZZIE, et al., Defendants See details page 6. Plaintiff counsel:. Strong & Hannl, David K. Winder, 604 Boston Bldg. Defendant counsel: Reed L Martineau, 7th Floor Continental Bank Bldg., David K. Udall, 53S Valley National Bank Bldg. FRIDAY, DECEMBER 8, 1972 72 dollar Staats said the multi-billio- n federal subsidy programs administered by the departments of housing and urban development and agriculture were financing purchases of houses with significant defects. He testified before the House-Senat- e joint economic committee. Because many of the housing defects concern the' safety and Staats health of the occupants, said, the objective of providing low and moderate income families with decent, safe, and sanitary housing was not met in many cases. Also, the families that obtained TRENTON (ACCN) New premiums the companies had such houses could be faced with Jersey Insurance Commissioner reported to the rating organizations unexpected financial hardships in Richard C. McDonough recently on professional liability insurance correcting the defects or could give ' k announced a in premium policies written during 1969-rt- he up the houses because of dissatisfaction. on hospital professional liability latest figures available. 10 could that save coverage The Commissioner said that when hospitals and 400 nursing homes I 'entries of ISO, the companies and the State approximately $800,000 those of the hospitals were matched, year in insurance costs. we found little or no similarity ur between them. Terming the roll-bac- k the Commissione precedented, He reported numerous errors. For directed the. Insurance Services example, ISO reported it had Office, the industry-owne- d rating received $931 in premiums from one organization that filed the rates, to but the insurance company rescind the increase that took effect hospital, Conbill for that hospital showed a HONOLULU (ACCN) wi May 24, 1972, and to roll back payment of $8,871 in premiums. In dominium ownership will not only rates. another instance, the ISO reported replace rental housing, but will The rates are those tor insurance as substantially higher increasingly be employed in all the that hospitals and nursing homes thanpremium the actual premium paid. space markets," according to carry to cover any malpractice The Commissioner said, Gross James C. Downs, Jr., chairman of claims against Aon. the board of Real Estate Research The Department estimates that inconsistencies were also found in the count of number of beds one of Corporation. hospitals and nursing homes will Speaking at the 65th annual now pay approximately $1.7 million the basic criteria used in determing of the National convention a year for such hospital professional the premium a hospital pays for Association of Real Estate Boards,' liability insurance, which are part of professional liability insurance here, Downs said, It doesnt pay to the hospitals operating costs and coverage. As me example, ISO build rental property anymore in therefore reflected in patients' bills. reported that a particular hospital most areas of the country. ConThe rate hikes, now eliminated, had 4,816 beds, whereas that hospital dominium ownership offers several would have raised this cost to $12.5 actually had only 399 beds, he said. important advantages over rental million; or by about 47 per cent. McDonough declared earlier this SUPBEME C0UBT OF THE UNITED STATES k fall that the was agreed to by the organization after the Department had checked No. 71-5- 685 statistics of the rating organization and found them to be inconsistent, Jersey Cuts Cost of Hospital- Insurance Partner Fails to Wind Up Partnership Interests In a recent decision the C.A. 1st reversed a trial court judgment and concluded that services rendered to a partnership after the death of two of the partners did not constitute services during the winding up" process, and, that the estates of the deceased partners were not liable for those services. After Ae deaA of Ae partners, the remaining partner continued to run Ae enterprise, a newspaper, since Ae assets of the business would have substantial value only if it was a going business. The respondents had performed accounting services for the newspaper prior to Ae deaA of the partners. They continued to perform Ae same services for the period in question and commenced Ais action against Ae estates of Ae deceased partners claiming that Ae continuation of the paper was an act of winding up of Ae partnership. The appellate tribunal observed that it might be true Aat Aere could be advantages to the partnership to sell the newspaper as a going business. However, Ae indefinite continuation of the partnership business is contrary to Ae requirement for winding up Ae affairs of the business. The court stressed the distinction between winding up a business and winding up Ae partnership interest in that business. .King v. Stoddard, C.A. 1st, 1 Civ. 30661, Nov. 14, 1972, per Brown, J. Angdl, Adams & Holmes for appellants; Campbell, Van Voorhis & Bybee for respondents, (mpl) ' roll-bac- Condominiums Seen Replacing Rental Housing . . roll-bac- rate-maki- ng inaccurate and highly exaggerated. The rating organization had obtained approval a year ago to increase the rates 50 per cent, blit Ac increase was based on figures of 1966 and 1967 and became inoperative . because of Federal . mission authorized insurance companies to introduce previously-approve- d rate filings, ISO introduced its revised rates on May 24, 1972 reflecting a 50 per cent rate increase as of that date. McDonough said the Department then directed ISO to present more te November 20, 1972 wage-pric- e control freezes. When the Federal Price Com- up-to-da- Daisy Johnson et al., Petitioners, On Writ of Certiorari v. to the United States New York State Education Court of Appeals for the Second Circuit. Department et al. experience. ISO sub- mitted new data A June, but after examination the data appeared to be so wrong it was decided that Ae Department would launch an unprecedented investigation of the d information. With Ae cooperation of Ae New Jersey Hospital Association and Ae New Jersey Nursing Home newly-submitte- the Department Association, checked the insurance bills of hospitals and nursing homes against Per Curiam. We granted certiorari to review the judgment of the United States Court of Appeals for the Second Circuit, 449 F. 2d 871 (1971), affirming the District Courts dismissal of petitioners complaint challenging the consti701 et seq. tutionality of New York Election Laws (1971). 405 U. S. 916 (1972). However, respondents brief states that on May 3, 1972, the qualified voters of the respondent school district elected by majority vote to assess a tax for the purchase of all textbooks for grades one through six in the schools of the disIn light of this fact, and given the suggestion trict. at oral argument that the books themselves have a life expectancy' of five years, the judgment is vacated and the case is remanded to the United States District Court for the Eastern District of New York to determine whether this case has become moot. Reimbursement Stipulation Must Be Strictly Followed In a recent decision, Ae C.A. 2nd has held that Ae amount of reimbursement due community property for community funds spent on improvement of Ae wifes separate property, will be that stipulated to by Ae spouses. Upon Ae granting of an interlocutory judgment of dissolution of marriage to Ae respondent-wifthe husband appealed. On not did the contest Ae dissolution, but instead appeal, appellant objected to certain determinations of the trial court. e, Specifically, it was me of appellants contentions Aat the . trial court erred in determining Aat the community property was to be reimbursed $33,952 for community funds used to improve the respondent's separate real property. The appellant pointed to a stipulation he entered into wiA the respondent setting the amount of reimbursement to be $38,000 (Aat being Ae amount expended) . The C.A. agreed wiA appellants arguement and held that the communtiy was entitled to the $38,000 reimbursement In so ruling, Ae court indicated that while a husbands allowing community funds to be expended on Ae wifes separate property could be considered a gift to Ae wife, Ae stipulation intitled the community to reimbursement. It was also contended by Ae appellant that the failure of the lower court to make findings regarding Ae expenditure of community monies to tap taxes on the respondents property was error. The appellate court rejected the contention, pointing out Aat the appellant had never requested such a particular finding nor had he indicated to Ae trial court its omission. Warren v. Warren, C.A. 2nd, 2 Civ. 39183, Nov. 17, 1972, per Ashby, J. Armstrong & Lloyd and Orville A. Armstrong for appellant; Ardis, Nichols & Lehn and Robert F. Nichols, Jr. for respondent, (beb). Single taking Is But One Robbery The C.A. 2nd has recently held that a single taking from a cash register tended by two clerks amounts to but one robbery. Defendant was found guilty of two counts of armed robbery. difendant entered a shoe store, tended Accompanied by a by two clerks, intent upon committing robbery. Defendant pulled a gun and his partner collected the cash register money from the two clerks. On appeal, defendant contended that he could properly be convicted of only one robbery and not two. The C.A. agreed, holding Aat the incident in question was not one of two takings, each from a diffemet victim, but raAer a single taking out of a single cash register. WiA further regard to Ais, the court went on to state that Ae People could not inflate the single robbery into two offenses merely because the stolen money had passed through the hands of two individuals. Accordingly, the appellate court reduced Ae conviction on one count of robbery to assault wiA a deadly weapon, and as so modified, affirmed. co-hor- t, . |