Deconstructing the Construction Defect Insurance Claim

This article provides a practical overview of the issues presented by a construction defect insurance claim. It begins with a discussion of establishing standing under the typical comprehensive general liability insurance policy, with a particular emphasis on additional insured issues. The article then describes the typical issues faced in proving an “occurrence” took place in the context of a construction claim. Thereafter, the article addresses the so-called business risk exclusions and their potential application in a construction defect case.     

Right ventricular damage due to pulmonary embolism: examination of the number of infiltrating macrophages

To investigate the pathological changes in the heart induced by pulmonary embolism, 20 autopsy cases of pulmonary embolism and 10 control cases of acute death from traumatic injury were examined. Adding to the routine hematoxylin-eosin (HE) staining, immunostaining with CD68 pan-macrophage marker was performed on the specimens obtained from both right and left ventricular walls. The number of macrophages was counted semi-quantitatively in 100 random high-power fields (HPF). Although typical pathological findings of myocardial infarction was not observed in any of the cases, 16 of the 20 pulmonary embolism cases showed an increase in the number of macrophages, mainly in the right ventricular wall. Four cases showed massive macrophage infiltration in the entire right ventricular wall. It is speculated that ischemia due to pulmonary embolism may be connected to its pathogenesis.     

Comparison between computed tomography (CT) and autopsy findings in cases of abdominal injury and disease

We report 10 autopsy cases involving fatal pathological changes in abdominal organs, for which findings of computed tomography (CT) on admission or after death were compared with autopsy findings. Two of the cases were death due to natural causes and eight were death due to traffic accidents. From the findings at autopsy, the causes of death were considered to be rupture of an aortic aneurysm in one case, gastrointestinal bleeding due to gastric cancer in one case, retroperitoneal bleeding in two cases, laceration of the liver in three cases, and traumatic rupture of the small intestine in three cases. CT findings revealed ascites or retroperitoneal bleeding in eight cases. However, in the cases of small-intestinal rupture, CT findings on admission revealed no free air. Therefore, ascites on CT should be regarded as a useful indicator of blunt abdominal trauma. Hepatic portal venous gas, known to be a post-mortem change, was significantly evident on post-mortem CT in cases of traumatic liver or intestinal injury, and was also seen in cases where the period between the accident and CT examination was long.     

Deployment stressors of the Iraq War: insights from the mainstream media

A comprehensive understanding of the stressors of the Iraq War is needed to ensure appropriate postdeployment assessments and to inform empirical inquiries. Yet we are unaware of any published studies that address the range of stressors experienced by this cohort. Thus, in the present study, we report the results of an interpretive literature review of mainstream media reports published from the beginning of the Iraq War in March 2003 to March 2005. This literature revealed a combination of stressors associated with traditional combat, insurgency warfare, and peacekeeping operations. The increasing deployment of National Guard/Reservist personnel, older soldiers, and women highlights additional stressors associated with sexual harassment and assault, preparedness and training, and life and family disruptions. This is a cause for concern as war-zone stressors have been implicated in postdeployment health outcomes, including intimate partner violence and child maltreatment, immediate physical and mental health, and long-term adjustment.     

Beyond nature versus nurture: Process and biology in the development of gender

The origins of gender, like the origins of human nature, are sometimes said to lie in biological determination, sometimes in social construction. Feminist theory began with criticising biological determinism and its portrayal of women, and inevitably emphasised the social construction of gender. However, seeing gender or human nature as wholly or mainly socially constructed seems to deny the biological processes which comprise our physical experiences of ourselves, and it is this omission which has recently led some writers (both feminist and antifeminist) to lay stress on the significance of biology in human behaviour and its development.These two opposing views of the origin of behaviour are still dominant, despite various attempts to emphasise how biology and social context might interact to produce, say, gender differences: this continued dominance of the nature/nurture duality has considerable political relevance to feminism, and has contributed to the rise of the New Right ideology concerning, for example, the natural role of women and the family.In this paper, we stress the relevance of the nature/nurture duality for this political shift, and attempt to formulate a way out of the impasse. Attempts have sometimes been made to avoid the duality by emphasising the interaction of nature and nurture. However, in most academic writing, the “interaction” proposed fails to avoid the dichotomy completely, and relies on a view of individual development as unfolding towards a goal or plan. The latter is how gender development is typically portrayed, emerging from an unfolding of biological potential (giving rise to “sex” differences), and subsequently from socialisation.It is important for feminism to emphasise the alternative view of biological development, which lays stress on developmental process, of which “biology” is but a part, rather than viewing individuals as maturing or unfolding towards some “goal.” By this change of emphasis, feminist theory may begin to avoid the double pitfall of biological determinism on the one hand; and of constructing “gender” in a world devoid of human bodies, and biological processes, on the other.