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An Artist’s Window on Culture: What happened to Beauty?
Why can’t the most advanced civilization in history create more beauty? This issue has always worried me. Yes, the demise of community cohesion is one culprit. (Why make beauty for such a blatantly materialistic, economic-centered society?) A more human-centered approach to public space would give something to all of us; AND our progeny.
Take the recent art sale of an NFT for $69 million. (Some of this artist’s NFT works sell for a reasonable $1). Our culture is rapidly abandoning real body-centered deights (beauty, good foods, nature, face-to-face relationships, etc. etc.) in favor of strange intellectual hopes (“I own something unique and you should be impressed!”) Apparently the mysterious buyer of the NFT is going to profit from splitting the digital file into many bits and selling those. Now you can buy a small piece of a unique NFT, an idea, that no one else owns!
Humans crave beauty, a critical and universal nutrient that has largely lost its conscious value. Yet our bodies insist on that value, despite all our calculations to the contrary. Someday all those vacuous hopes will collapse as the young ones see through such blatant self-importance, insisting on real body-centered values. This is of course assuming that AI––which has no such inconvenient sensuous desires–– doesn’t take over the world. Yes, the emperor has no clothes!
Book Review: The Inheritance « neverimitate
“Strangers tend to be less judgemental, you know. It’s your own who pick the first stone.”
The Inheritance, by Cauvery Madhaven, is a slow moving romance with a strong sense of place. Set in and around Ireland’s Beara peninsula, its protagonist is Marlo O’Sullivan, a young man born and raised in Croydon by his sister and mother. He inherits a cottage in Beara – halfway up a mountain – from his uncles who were priests. On moving to live here he finds the locals welcoming, happy to have one of their own return after a generation away. It is 1986 but the land carries with it a long history, some of which is intertwined with the unfolding tale.
“That fella can hold grudges like no other man in the peninsula and that’s saying a lot when you are from Beara.”
The first part of the story introduces a small community of friendly, inquisitive but also helpful neighbours. Marlo is happy to cultivate friendships, giving back as much as he willingly takes. There is a feelgood undercurrent such as can be found in fiction – only rarely in life.
The plot moves forward when there is a significant death and the judgement of neighbours rears its head. In amongst the willingness to help through a crisis there is a frenzy of feeding on news in what is a small and long interlinked community.
“People are like that. It makes them feel better to measure their good fortune against the troubles of others.”
Once the various characters become a little less perfect the story becomes more easily immersive. At one of his several jobs, Marlo meets Kitty and is attracted to her. The locals are less enthusiastic as she carries baggage they have long disapproved of. Part of this involves her young son, Sully, who is mute. The threads of the tale being woven around him include another young boy who, in the early seventeenth century, got caught up in the genocide of his people, one of many horrific acts of violence perpetrated by those loyal to the English crown in their determination to rid themselves of rebel natives.
A strength in the telling is there are not too many descriptions of irrelevances, such as repeated details around looks or clothing. Plenty is provided on ticks and foibles, bringing characters to life. Where background is provided this adds authenticity to the way they behave.
The romance avoids the stupidity so often present in the genre – misunderstandings generated by foolishly kept secrets. Both Marlo and Kitty are forthright and open, but also natural in allowing their feelings to develop organically. Again, this may be factually unusual but also refreshing to read. Love can blossom without rushing into sexual encounters and description is kept to only what is necessary for understanding.
The sense of place is wonderfully rendered, helped for this reader by a small amount of knowledge of the area gleaned from writer Eoghan Daltun. The beauty of the landscape is tempered by the history being revealed within what becomes a sort of ghost story being told alongside – and in the more recent abuses occurring within the still revered Catholic church.
Marlo is, perhaps, a little too perfect but the writing style manages to mostly avoid being too saccharine. The denouement includes a potential disaster that, to me, seemed an unnecessary change of pace. Other than these personal criticisms, the story being told held my interest.
I would have liked to know what eventually became of the blind calf, and if Mary’s past secrets were ever revealed more widely. That I have elements such as these to ponder is a positive, keeping the book in my thoughts beyond the final page.
Overall, an easy-going and enjoyable read.
The Inheritance is published by HopeRoad Publishing Thank you to Linda Hill for sending me her proof copy. Do give her a follow at Linda’s Book Bag.
Costco Continue To Sell Out of Gold Bars
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The Costco shopping experience is now a global phenomenon, with consumers now able to enjoy the wholesale chain’s bulk-shopping discounts and $1.50 hot dogs across the U.S. and in places like Taiwan, Japan and Australia.
The company continues to shake up that experience, too. Not only does it manufacture many of its own goods under the Kirkland Signature brand, but two years ago, it began selling gold bars. And since the price of the precious metal hit its all-time high in October 2024, demand for the product offering has remained strong among members.
In fact, Costco’s foray into precious metals has generated eye-popping results. The company is allegedly pulling in six figures in sales each month since its decision to begin selling gold, demonstrating that members have taken to buying gold bars alongside rotisserie chickens and bulk toilet paper. In its 2025 first-quarter report, Costco listed gold among its top sales categories. But for investors looking to gain exposure to the yellow metal, is this the best way?
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Costco shoppers home in on gold buying
During the summer of 2023, Costco made the move to start selling one-ounce gold bars at its wholesale locations. The rollout has been so successful that in 2024, the company added silver coins and platinum bars to its offerings. But so far, its gold bars have been the clear winner.
In a note to clients, Wells Fargo analysts said they expect revenue from Costco’s gold sales to fall between $100 million and $200 million monthly. The Swiss-made gold bars have repeatedly been selling out since they were first offered. However, this doesn’t mean the venture is profitable for Costco. The store receives a low premium on gold purchases, and it offers cash back to certain buyers who use credit cards, meaning gold sales are not contributing to any significant uptick in profits.
As for investors, now is a good time to own gold. The price of the precious metal reached its all-time high of $2,781 per ounce last October. The principal drivers for gold’s current bull run are twofold. First, the surge in gold prices can be partially attributed to the Federal Reserve’s interest rate policy. Gold historically has an inverse relationship with interest rates, and with the Fed cutting rates throughout the second half of last year, investors saw the precious metal’s price surge.
The second factor that has been propelling gold prices is a combination of weak consumer confidence and lingering inflation. With headline inflation creeping up to 2.9% in December, purchasing power continues to be eroded, which drives investors to seek out safe-haven assets, of which gold is the frontrunner as a liquid store of value.
Is buying gold from Costco a good idea?
Consumers can now hop in their cars and drive to the nearest Costco location to purchase gold. But is it a good idea? It’s a convenient option for those interested in investing in gold long term. But if investors choose to buy the precious metal at the discount warehouse, there are pros and cons they should be aware of. Some incentives Costco offers may up the ante, but you’d be lacking the peace of mind afforded by buying gold in a brokerage account and holding it in a portfolio.
First, Costco gold buyers will have to pay a mark-up on their bars. Known as the spread, the stores charge 2% above the current market rate. This isn’t abnormal, though. Online gold dealers also charge a spread for their non-wholesale transactions. Costco’s premium falls within the industry range making it no worse a deal.
With the bonuses Costco offers on precious metal purchases, in fact, some buyers may effectively eliminate the premium. Those who buy their bars at the store using Citigroup credit cards are eligible for 2% cash back on their purchase. Executive members at Costco can receive an additional 2% cash back.
On the other hand, Costco does not afford its members any opportunities to purchase gold in bulk. When it has the metal in stock, buyers are limited to five bars per transaction. So, if investors are looking to stockpile any significant quantity of the metal, they’ll need to go through a precious metals dealer.
Buying gold at Costco also means experiencing the same pitfalls as those who purchase the physical metal from online dealers. These drawbacks are avoided for investors who purchase gold on paper, though. Once gold is purchased at Costco, the consumer is then responsible for its safekeeping. It’s a scenario not unlike stuffing cash in a mattress, and it carries risk. To avoid that, the gold can be insured and stored in a vault, but these are additional expenses.
Conversely, paper gold investments — like owning shares of a gold ETF, which can be anchored by physical gold held in insured vaults — provide investors with that same peace of mind without having to pay extra for it. These investments are also more liquid than physical gold, meaning they’re easier to buy and sell since they’re listed on exchanges. Some gold ETFs even pay dividends, meaning they can play a role in a strategy aimed at generating passive income while also benefiting from the price strength of the underlying commodity.
All said, buying gold from Costco isn’t any worse than buying it from a dealer if you don’t mind the purchase limit. It could be better than buying from a gold dealer in some instances, since you don’t need to worry about potential scams and salesmanship, and you can earn as much as 4% cash back. However, there are still options to invest in gold that offer greater safety, higher liquidity and less hassle than holding onto the bars yourself.
This story, originally published in April 2024, was updated in January 2025 to reflect current gold prices, inflation rates and Costco’s additional precious metal offerings.
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Why do I have to pay two deductibles for my insurance claim?
Thankfully this situation doesn’t happen that often. But when it does, the confusion and anger that the insured experiences is very real. This post is going to walk you through a claim example when two deductibles were required, and explain WHY. But in order to have a better understanding, we must start with two definitions that are CRUCIAL to insurance claims- occurrence AND proximate cause.
What does “Occurrence” mean and why does it matter to insurance claims?
So an occurrence is the trigger for an insurance claim. In order to have a claim, something has to happen right? The occurrence is the “happening.” Another way to think about occurrence is this- it’s a single event that results in a single insurance claim. Keep that word single tucked away- it will become very important as we work through the example.
Proximate Cause and why it also matters to insurance claims
Proximate cause is also closely related to insurance claims. It means an unbroken chain of events leading up to an occurrence. It may also be defined as the original cause of damage. This definition will also be very important in our examples.
So, let’s go to a claim example.
Claim Example- the windshield and the deer
This one actually happened to a friend of mine. She was driving on a highway, when a nearby vehicle flipped a large stone onto her windshield. It cracked the windshield, but she could still see safely enough to drive. So she continued to her destination. Not 30 minutes later she hit a deer, causing front end damage.
How the Insurance Company Responded and Why
When she reported the claim to her insurance company, they told her she would be responsible for two deductibles because it was two claims. Needless to say, she was furious and couldn’t understand why. The next several paragraphs explain why.
First, it’s helpful to point out that both the glass breakage and deer hit are examples of comprehensive claims (as opposed to collision). And comprehensive coverage usually has a deductible. In this case, her comprehensive deductible was $500.
Back to the claim- what was the first thing that happened? The rock hit her windshield and cracked it. So the rock was the proximate cause of the claim.
What happened next? She hit the deer, causing front end damage. What was the proximate cause of the front end damage? The deer.
The rock hitting the windshield did not cause the front end damage. Likewise, the deer hitting the front end did not cause the windshield damage.
If an occurrence is a single event that results in a single insurance claim, then the rock hitting the windshield is ONE occurrence. The hitting of the deer is ANOTHER occurrence. This equals TWO claims.
So, she had to pay $500 for the windshield claim and $500 for the deer claim.
We’ve had claims where the deer was hit first, then bounced up and broke the windshield. In this case, it is one occurrence, subject to one deductible. Think unbroken chain of events leading to an occurrence.
I’m not going to lie- if you’re the insured, this sucks BIG TIME. You’re going to be hopping mad and think it’s terribly unfair. And it’s OK to feel like that. My goal here is to not make you magically be OK with it, but to explain WHY it happens.
I could probably offer other examples, but it all boils down to this: in order for one deductible to apply, there must be an unbroken chain of events leading to one occurrence. Two or more occurrences = more than one deductible.
Following are some of our most popular posts concerning insurance claims. Take a read:
Need to discuss your Ohio insurance? Call us at (937) 592-4871 or fill out the form below.
Supports transparency and Animation – Online Planet Apps
A computer monitor is composed of numerous small dots, or pixels (picture elements).
Images are formed onscreen by setting the colors of particular pixels. An image format
describes the color and position information necessary to create an onscreen image.
There are two basic image format varieties: vector images and bitmapped images.
In its raw form, a bitmap or raster image is simply a collection of pixels of different
color values. Because of the large number of pixels and color information in an image,
raw bitmaps can be very large. An uncompressed bitmap image at 800 × 600 pixels
with 24 bits of color information would take up over 1MB (800 × 600 × 24 = 11,520,000
bits / 8 bits per byte = 1,440,000 bytes). Given their potential size, bitmapped image
formats almost always employ some form of compression. In general, there are two
forms of image compression: lossless and lossy. Lossless image compression means that
the compressed image is identical to the uncompressed image. Because all the data in
the image must be preserved, the degree of compression, and the corresponding savings,
is relatively minor. Lossy compression, on the other hand, does not preserve the image
exactly, but can provide much higher degrees of compression. With lossy compression,
the loss in image quality achieves a smaller byte count. Because the human eye may
barely notice the loss, the trade-off may be acceptable.
A vector image stores image information in a much different manner
describing
the image as a collection of mathematical curves, points, and colors. Given the compact
manner in which vector images are described, the format has the advantage of being
very small in file size. Because the image is created or rendered mathematically, it can
easily be scaled, in comparison to bitmap formats, which tend to become distorted
during size changes. With all their advantages, vector images do have tradeoffs. First,
a vector image must go through an extra step, called rendering, where the image is
calculated and drawn onscreen. This process does take some time compared to bitmap
images, which simply decompress and display. The difference between the two basic
image formats is shown next.
In most cases—those in which the image is rather simple—the render time for a
vector image is negligible. As the image becomes more complex, the rendering process
can take an increasingly significant amount of time. Remember that, at the end of the
day, everything must become a bitmap in order to be displayed onscreen. Vector
formats do a good job on illustrative-style graphics, text, and logos, while bitmaps
handle photographs well. Interestingly enough, many vector formats will import
bitmap images for textures, and vectors are often rasterized for inclusion in bitmap
images. Both types of formats have their merits and work well together.
While the HTML standard says nothing about what image formats can be used
on the Web, browsers tend to support the same image types. On the Web, the primary
bitmap image formats are GIF (Graphics Interchange Format) and JPEG (Joint
Photographic Experts Group). The PNG (Portable Network Graphics) format is
now finally gaining some ground, but it is so far not that prevalent online. Where
vector graphics are concerned, the Flash format is dominant on the Web, but the
W3C-endorsed SVG (Scalable Vector Graphics) format is gaining some ground. Other
image formats, such as the various UNIX-related formats like XBM (X Bitmaps) and
XPM (X Pixelmaps) and the Windows format (.BMP), are often supported native
by browsers, but are primarily of historical interest and are not to be used. Esoteric
formats, such as wavelet-based formats, will eventually emerge into the mainstream;
but at least for now, stick with the tried-and-true GIF and JPEG. We discuss the main
image formats and some of the important features directly
GIF images are the most widely supported image format on the Web. Originally
introduced by CompuServe (and occasionally referred to as “CompuServe GIFs”),
the GIF format actually comes in two types: GIF 87 and GIF 89a. Both forms of GIF
support 8-bit color (256 colors), use the LZW (Lempel-Ziv-Welch) lossless compression
scheme, and generally have the .gif file extension. GIF 89a also supports transparency
and animation, both of which will be discussed later in this section. Today, when
speaking of GIF images, we always assume the GIF89a format is in use and make no
distinction between the formats, regardless of whether or not animation or transparency
is actually used in the image.
GIF images use a basic form of compression called run-length encoding. This lossless
compression works well with large areas of continuous color. Figure 14-1 shows the
GIF compression scheme in practice. Notice how the test
images with large horizontal continuous areas of color compress a great deal, while
those with variation do not. As shown in the demo, simply taking a box filled with lines
and rotating it 90 degrees shows how dramatic the compression effect can be. Given
GIF’s difficulty in dealing with variability in images, it is obvious why the format is
good for illustrations and other images that contain large amounts of continuous color.
As mentioned earlier, GIF images only support 8-bit color for a maximum of
256 colors within the image. Consequently, some degree of loss is inevitable when
representing true-color images, such as photographs. Typically, when an image is
remapped from a large number of colors to a smaller color palette, dithering occurs.,
the process of dithering attempts to create a color that is
outside of the palette. It does this by taking two or more colors from the palette and
placing them in some sort of checkered or speckled pattern as a way of visually creating
the illusion of the original color.
Ensuring that the appropriate file format is used for the right types of images and
that flat or illustrative type images use Web safe colors will help reduce the amount of
dithering that takes place.
While having only an 8-bit color depth seems problematic, sometimes designers
will further downward adjust the bit-depth of GIF files to reduce file size. Recall that
the higher the bit-depth in an image, the more colors and the greater amount of
information required. It would make sense then that, by limiting the number of colors
as much as possible without reducing the quality of the image, you could create some
extremely small files. The key to doing this is using just enough colors in the image to
Four factors to consider when investing in overseas properties
I have been dealing with the Singapore and Bangkok property market for many years. The Singapore property market for about two decades and the Bangkok property market for one. I am a shareholder of a property agency in Bangkok and the agency deals with international clients. I run regular webinars on the legal and tax matters when purchasing Bangkok properties as well as webinars on the various locations to consider when looking at Bangkok properties.
If you have ever attended any of my webinars, you would have seen this particular slide.
This is a Venn diagram which I created. I usually talk about these four factors as things investors should apply their minds to when looking to invest in a certain city. In such instances, investors would be comparing various cities when looking at buying an overseas property. For example, a Singaporean may be considering whether to purchase a property in London, Australia, Thailand or Vietnam. In this case, what is his method of comparison? What metric should he peg one country against another?
I broke this down into 3 columns which essentially are 4 essential factors to consider. These are the same exact 4 factors that a rational buyer would consider when deciding whether to purchase property in that jurisdiction.
The 4 factors are:
- Whether the country has a robust legal system
- Whether there is a prevalent resale and rental market
- Whether there is economic growth
- Whether the country is socially and politically stable
Factor 1: Whether the country has a robust legal system
When I use the word robust, I am referring how well the legal system in the country is able to react to disputes. In other words, whether property buyers and owners have legal recourse to matters. If a buyer purchases from a developer and the developer does not deliver on its promise. For example, in the event that the property delivered is not what was promised like if the unit is smaller than what was stated in the sales and purchase agreement. In such an instance, can the buyer take the developer to court and if he can, will it be restrictively high? Or will it be difficult to sue the developer?
Then there is the consideration as to whether contracts in a certain country hold any weight. If a landlord enters into a contract with a tenant, will parties respect the contract. If one party breaches the contract, will the recourse be effective. Can the court in that jurisdiction grant the remedies that the other party seeks. It may be in the form of damages or specific performance.
When you are thinking of legal matters, you would also need to consider whether foreigners can actually hold property in their name. It would be a lot safer for the property to be held in your personal name rather than having to set up complex trust structures to own properties. For example, foreigners are not allowed to own properties in Indonesia. In such cases, an Indonesian company would be set up and the foreigner would own a certain number of shares of the company with the rest being held by one or more local nominees. The Indonesian company would then own the property. This, to me, raises many concerns. Most notably would be if the nominees decide to stake a claim in the property. Such an arrangement is also to circumvent certain restrictions which were put in place to restrict foreign ownership. It is not clear whether such arrangements would hold in court. Therefore, when purchasing properties, it is important, to me, that the title deed bears your own name.
Factor 2: Whether there is a prevalent resale and rental market
When we enter into an investment, we need to consider whether there is an exit strategy. It is easy to say that you will hold the property for a certain number of years before selling it off. However, a property is extremely illiquid. Even in a very vibrant property market, you will need time to sell the property. It is not like stocks where you can go to the stock market and get a sale done very quickly.
In this case, before you make a purchase, you will need to think of the platform which you will be selling your property on. It may not be you who will be selling off the property. It may be your agent who is doing the selling. However, you should know what are the platforms available that can reach out to prospective buyers.
If you are looking to collect rent on your property, you will need to ensure that there is a market for tenants and landlords. You should see signs of this market on property platforms. A simple example of this would be what we have in Singapore in the form of PropertyGuru. Therefore, as for overseas purchasers, you will need to see whether the property market which you are entering has a PropertyGuru equivalent. A platform that actively has new listings with older listing being taken up gradually.
Factor 3: Whether there is economic growth
Property prices move in tandem with economic growth. This is because the local demand for property is typically the main driver for property prices, not overseas buyers. Yes this can be a revelation and a shock to some but it is true as the sky is blue. I have heard many buyers remarking that the local Thais do not have the money to purchase condominiums. However, the truth could not be further from the truth. The locals purchase way more properties than the foreigners. There is good reason for them to do so as well. They see it as a good hedge for inflation. It is not uncommon for an upper middle class Thai family to own multiple properties.
Therefore, you must look at whether there is economic growth in the country. An extreme would be Burma or Ukraine. War ravaged countries hare little economic growth and prospects. This is one of the main reasons why property prices in these countries are not rising.
Economic growth presents itself in many ways. A simple way to measure would be to look at the country’s reported gross domestic product (GDP). However, this number is usually indicative of how the economy has performed and not an indication of how it will perform. We need to know that there will be economic growth in the future to predict if there will be a possibility that the overall wealth of the country will rise and consequently, property prices will move in the same trajectory.
Look out for whether the country is open to trade. Is it part of some greater plan? Like how Thailand, namely Bangkok is in the centre of China’s One Belt One Road initiative and hence has a mega rail network in place to be a conduit for Chinese goods and services to the rest of South East Asia.
Other countries should have such plans as well. Consider them wisely and decide whether this is something that would aid in the wealth creation of that country. Not every government in the world is as wealthy as Singapore’s. Spending on big ticket infrastructure projects will typically yield healthy returns in the future. Look out for such plans from these governments.
Factor 4: Whether the country is socially and politically stable
Social stability refers to when a country is collectively stable. It has a fixed set of norms and is unlikely to change. When you are looking to invest, a socially stable environment is more ideal than one that is not socially stable. Imagine a situation where the society is unstable. One where there is racial unrest and general distrust among certain groups in society. In comparison, a socially stable society is one like Singapore where various races live harmonously together. Social norms are well developed and in general, there is little to no civic unrest.
Political stability refers to the stability of the ruling party or government of the day. To have political stability is to allow the ruling party to follow through with their plans for the country. Imagine one government coming up with certain policies and plans to advance the economy and then losing the next election. The next government then reverses on the policies and goes in a totally different direction.
Social stability and political stability do not need to move in tandem. For example, Thailand can be said to be very socially stable. There is a general acceptance of foreigners in the country. Buddhism is the main religion with religious freedoms granted to other religions. The various races live harmoniously together. However, Thailand is extremely politically unstable. It changes government extremely frequent. In such a situation, one can argue that even though the government changes frequently, the consideration should be whether the general direction of the governments that follow veer in a similar direction as the ones that came before.
There are other factors which I did not consider
Those 4 factors, in my humble opinion, should form the backbone of your thought process when investing in overseas properties. They are other factors but these factors which I will postulate are not universally applicable. One such factor is proximity to your place of residence. For example, after comparing Bangkok and New York, I may decide that New York is a better property investment destination. However, because it is far away from my place of residence, Singapore, I will not consider it because I am not someone who likes to travel such long distances to deal with my property if ever I needed to. Another consideration would be communication. While some people may pick London over Bangkok because the mode of communication in the UK is English, this may not be a consideration for someone who understands Thai.
Therefore, while there are other factors for consideration, I would urge buyers to stick to my first 4 factors before moving on to any additional factors. Those 4 factors can and should be applied by every buyer looking to invest in an overseas property. It applies to any individual of any nationality resigning in any country who is looking to purchase properties outside of his or her country.
In closing, I cannot stress the fact that every investment comes with a certain level of risk. Buyers need to understand these risks. Naturally, as you are not a resident of the country which you are investing in, overseas property investment is usually frought with a higher degree of risk. However, knowing what to look out for can aid a buyer to mitigate such risk.
Yours sincerely,
Daryl
Employee Driving and Employer Responsibilities
Two days before Christmas, the Louisiana Fifth Circuit Court of Appeal handed down an opinion that should be of note to Louisiana employers. In its opinion, the Court of Appeal held that as a matter of law, an employer can be vicariously liable for damages caused by an employee involved in a motor vehicle accident driving to work if the employee is eligible for a mileage reimbursement. Louisiana employers can be held responsible for their employees’ torts through the concept of “vicarious liability” (known as “respondeat superior” under common law). The concept of vicarious liability is codified in the Louisiana Civil Code at article 2320. For an employer to be held liable for an employee’s tort, (i) there must be an employee-employer relationship between the actor and the purported employer and (ii) the tort must have been committed within the course and scope of the actor’s employment with the employer.
Driving to and from work is generally not considered as being within the course and scope of employment; however, there are exceptions to that rule. In a unanimous December 23, 2024, panel opinion, the Louisiana Fifth Circuit Court of Appeal in Miller v. Shamsnia, 24-100 (La. App. 5th Cir. 12/23/24), ___ So.3d___, 2024WL5196576, held that an employer could be vicariously liable for damages caused by its employee while driving if the employer had a policy of reimbursing its employees for their mileage for travel to a work site, even if the employee did not request the reimbursement and was not paid the mileage. In its opinion, the Miller court expressly recognized that “[g]enerally, an employee going to and coming from work is not in the course and scope of employment.” Miller v. Shamsnia, 24-100 (La. App. 5th Cir. 12/23/24), p. 7, ___So.3d___, ___, 2024WL5196576, *4 (citation omitted). However, the court noted that the general rule is “subject to various exceptions, including situations where an employer has involved himself in the transportation of the employee as an incident to the employment agreement, either through furnishing a vehicle or payment of expenses, or where wages are paid for time spent in traveling.” Id. at p. 8, ___So.3d___, ___, 2024WL5196576, *4 (citations omitted).
In the case before the court, the employee involved in the motor vehicle accident was a neurologist who was driving from the New Orleans area to the Northshore on the Causeway Bridge en route to a hospital visit as part of a weeklong rotation. Deposition testimony reflected the fact that the physicians “were compensated through reimbursement of mileage for use of their personal vehicles [at the Internal Revenue Service’s rate for mileage].” Id. at p. 9, ___So.3d___, ___, 2024WL5196576, *4. Although the employee neither requested the travel reimbursement, nor was he paid any travel reimbursement for the night in question, the court noted that he was “eligible” for the reimbursement. Id. ___So.3d___, ___, 2024WL5196576, *4 (emphasis in original). The court held, “[t]herefore, we find that, under the particular circumstances of this case, the exception to the going and coming rule applies because Tulane offered payment of Dr. Shamsnai’s expenses through travel reimbursement. We further find that Dr. Shamsnai was acting within the course and scope of his employment while traveling to Lakeview Hospital on the night of the accident because Tulane had a policy for providing travel reimbursement to physicians commuting to Lakeview Hospital, and his trip to the hospital was employment related.” Id., ___So.3d___, ___, 2024WL5196576, *4 (emphasis added).
A copy of the Fifth Circuit’s opinion is available at the Fifth Circuit’s website: https://www.fifthcircuit.org/dmzdocs/OI/PO/2024/F8301AAE-4FF9-412B-9F2E-CF3C3714EB91.pdf. Because the parties may seek rehearing before the Fifth Circuit or may seek relief from the Louisiana Supreme Court, the story may not have concluded. Kean Miller will monitor subsequent filings and provide any necessary updates.