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Mass. insurance settlement raised to $5.25M

Written By Unknown on Kamis, 20 Juni 2013 | 00.32

BOSTON — A company authorities say used deceptive practices to sell supplemental health insurance to veterans and other Massachusetts residents will now pay more than $5 million to settle case.

Attorney General Martha Coakley said Tuesday that the new $5.25 million settlement is an increase of $1.5 million over an earlier agreement reached between Coakley's office and Life Insurance Company of North America last July.

Coakley says the increase in restitution to consumers and penalties is a result of the insurer's failure to meet the conditions of the original settlement.

The company said in a statement that the amended settlement clarifies both parties' understanding of the agreement.

The state alleged the company violated state consumer protection laws through deceptive marketing practices, including misrepresenting its insurance as a government veteran's benefit.


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Men's Wearhouse ousts founder, pitchman Zimmer

NEW YORK — Apparently, Men's Wearhouse Inc. doesn't like the way its founder looks anymore.

In a terse release issued Wednesday, Men's Wearhouse said it has fired the face of the company and its executive chairman, George Zimmer, who appeared in many of its TV commercials with the slogan "You're going to like the way you look. I guarantee it."

In a statement issued to CNBC, Zimmer said that over the past several months he and the company's board disagreed about the company's direction and that the board "inappropriately has chosen to silence my concerns," by firing him.

Men's Wearhouse gave no reason for the abrupt firing of Zimmer, who built Men's Wearhouse from one small Texas store using a cigar box as a cash register to one of the North America's largest specialty men's clothiers with 1,143 locations.

The AP could not immediately reach Zimmer for comment.

The timing of the announcement was odd —it happened the morning the company's annual shareholder meeting had been set to take place. The company delayed the meeting but didn't give a new date.

The company said the purpose of postponing the annual meeting is to re-nominate the existing board of directors without Zimmer. It said the board expects to discuss with Zimmer the extent, if any, and terms of "his ongoing relationship" with the company.

The news shocked analysts and corporate governance experts, who tried to speculate what happened.

"This is very rare to fire a founder. Founders are generally entrenched in the company," said Eleanor Bloxham, CEO of The Value Alliance, a board advisory firm.

Zimmer, who handed over his CEO title to Douglas Ewert in 2011, was the company's personable, down-to-earth face, his slogan almost a cultural touchstone.

As of early afternoon, the company's website still prominently spotlighted Zimmer, calling him "The Man Behind The Brand" and linking to YouTube videos of "the man in action."

The abrupt departure comes a week after Men's Wearhouse reported that its fiscal first-quarter profit increased 23 percent, helped by stronger profit margins and an earlier prom season.

In 1971, fresh out of college, Zimmer made his first foray into the clothing industry, working in Hong Kong for six months as a salesman for his father's coat manufacturing business, according to the company website.

In 1973, he and his college roommate opened the first Men's Wearhouse store, which sold $10 slacks and $25 polyester sport coats, in Houston. His personal car was a van with the company logo on the side and clothing racks in the back.

The company aired its first TV commercial in the 1970s when commercials for clothing were rare. Zimmer starred in his first commercial in 1986, with the line "I guarantee it."

Men's Wearhouse kept expanding, focusing on large markets where business was sluggish to take advantage of lower real estate costs. It also expanded beyond sports coats and trousers to casual sportswear in the 1980s and then went into the tuxedo rental business in 2000.

Zimmer owned 1.8 million shares of Men's Wearhouse as of the company's May 9 proxy filing, a 3.5 percent stake in the company.

Shares of Men's Wearhouse fell nearly 2 percent, or 65 cents, to $36.82 in early afternoon trading. The stock has traded between $25.97 and $38.59 in the past 52 weeks, and ended Tuesday up about 20 percent since the start of the year.

The company, based in Fremont, Calif., also runs the Moores and K&G retail chains. It also sells uniform and work wear in the U.S. and U.K.


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'Nightline' anchor Moran heading to London for ABC

NEW YORK — ABC News "Nightline" anchor Terry Moran is getting a new posting as the network's London-based chief foreign correspondent.

Moran will head overseas late this summer, ABC said Wednesday. Moran was ABC's chief White House correspondent from 1999 to 2005 and has done many overseas and domestic stories for "Nightline," most recently from Syria.

It's a revived position at ABC News. The late Peter Jennings spent several years as a London-based correspondent before becoming the network's chief news anchor.

Dan Abrams will replace Moran alongside Cynthia McFadden and Bill Weir as "Nightline" anchors.

Abrams will also be a chief legal affairs anchor for ABC News and expand his role on "Good Morning America," ABC News President Ben Sherwood said.

Abrams is a former general manager and show host at MSNBC and a legal correspondent for NBC's "Nightly News."

Abrams will be stepping back from daily operations at Abrams Media, a network of websites he founded that includes Mediaite, to devote more time to ABC News, Sherwood said.

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ABC is owned by The Walt Disney Co.


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CSX sues truck driver in Baltimore-area derailment

BALTIMORE — CSX is suing a garbage truck driver and his company for negligence in the explosive derailment of a freight train near Baltimore.

CSX Transportation Inc. of Jacksonville, Fla., filed the complaint Tuesday in U.S. District Court in Baltimore.

It alleges that John Alban Jr. caused the derailment May 28 by failing to stop at a railroad crossing in Rosedale. The complaint says Alban and his company, Alban Waste LLC, were familiar with the crossing because the business is located near the tracks.

Court documents list Suitland attorney John Costello as Alban's lawyer. Costello said Thursday he hasn't been hired to represent either defendant and declined to comment on the case.

The National Transportation Safety Board said last week that stop signs at the crossing were faded and displaced.


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Swiss lawmakers reject deal on banking secrecy

GENEVA — Switzerland's lower house of parliament has for the second time rejected a government proposal on relaxing Swiss banking secrecy laws, a move that would have helped the country's banks avoid facing U.S. criminal charges for shielding tax cheats.

Switzerland's National Council, by a vote of 123-63 with four abstentions, Wednesday put to rest the proposal from Finance Minister Eveline Widmer-Schlumpf and the rest of the Swiss Cabinet.

The government had presented the proposal as a way for Swiss banks to cut deals and turn over confidential client data to U.S. prosecutors without breaking Switzerland's strict client secrecy laws.

In spite of the upper chamber of the Swiss parliament twice backing the proposal, the lower house has twice balked at the measure this week, calling it unclear and overly submissive.


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Export revival underway for small businesses

NEW YORK — When Lawrence Scheer began selling baby clothes in 2010, he didn't realize it then, but he was on the leading edge of a recovery in small business exports.

Scheer's company, Magnificent Baby, manufactures its products in China and then sells them in about 20 countries around the world.

"Our goal from the beginning was to sell as much clothes as possible — so when international interest was there, we pursued it," says Scheer, whose business is based in New York.

Scheer took a chance that many small business owners have only recently decided to take. A growing number of companies are turning to exporting to build their sales, reversing a downturn that began with the recession and was likely made worse by the financial crisis in Europe.

Research shows an increase in overseas sales by companies already exporting, and a growing interest in exporting among those who have yet to test the international waters. Exporters say demand for their goods, from clothing to blankets to crop dusting planes, is rising. That makes it worth their while to deal with the complexities of exporting, including logistics and complying with the varying regulations of overseas markets.

Magnificent Baby gets between 5 percent and 10 percent of its revenue from exports — strong enough that the company is adding to its network of distributors, local businesspeople who accept delivery of exported goods and get them into customers' hands. He hired his first distributor in Canada in the spring of 2012, and has since added distributors in Hong Kong, Australia and New Zealand. He's looking for someone in Britain.

Sixty-four percent of small businesses are exporting goods or services, up from 52 percent in 2010, according to a survey by the National Small Business Association and the Small Business Exporters Association. And 63 percent of non-exporters said they're interested in selling overseas, up from 43 percent, according to the trade groups. Of those who are exporting, the majority — 54 percent — get less than 10 percent of their revenue from overseas sales.

That's a comeback from the decline that started when the economy began to slump. The number of established small businesses that received at least 25 percent of their revenue from exports fell from 12 percent in 2008 to 10 percent in 2009, and then dropped to between 5 percent and 6 percent from 2009-12, according to a study by Babson College researchers. An established small business is at least 3 ½ years old.

The drop was less steep among younger businesses. Seventeen percent of new businesses were getting a quarter of their revenue from exports in 2007. That number was down to 12 percent to 13 percent the last three years. One reason for the difference between older and younger businesses is that established business owners may decide to focus on their core U.S. businesses and take fewer risks overseas during a downturn, says Donna Kelley, a professor of entrepreneurship at Babson College who co-authored the study on exports.

"We saw people's perception about opportunities (like exporting) just go down," Kelley says. But newer exporters may not yet have as solid a U.S. base to rely on, she says.

Another reason for the decline in exporting was the difficulty small businesses had finding financing for their exports. Many banks that believed small companies including exporters were too risky to lend to, says David Ickert, chairman of the National Small Business Association.

But the drop in domestic business during the downturn also made many companies consider exporting for the first time, says Ickert, who's also a vice president at Air Tractor, an Olney, Texas-based manufacturer and exporter of crop-dusting and firefighting aircraft.

"Our country has had to look for more sources of revenue. One of the most obvious but most overlooked was exports," he says.

For some companies, overseas demand for their goods is growing faster than domestic demand. Love and Quiches, which supplies cheesecake and other desserts to restaurants and stores, has had a 20 percent to 30 percent increase in export sales each year for the past five years, according to the company's president, Andy Axelrod. U.S. sales rose between 5 percent and 12 percent.

Love and Quiches, which gets 25 percent of its revenue from exports of desserts including cakes, cheesecakes and brownies, sells to customers in more than a dozen countries that want U.S.-made products, particularly those considered high-end, Axelrod says.

"A New York cheesecake has to be made in New York. There's a demand for that in all areas of the world," he says. Loves and Quiches is located in Freeport, N.Y., east of New York City.

Breaking into the export market can be intimidating. Many small businesses have shied away from selling overseas because of concerns about risk and the unfamiliarity of business practices in foreign cultures, especially where English isn't spoken, Babson's Kelley says.

"We tend to sell to what we're familiar with — and we're familiar with the U.S. culture," she says.

Small businesses that export to a number of countries have a learning curve each time they enter a new market.

The first time Kingsdown shipped its mattresses to another country, it was a little daunting because it was an unfamiliar market with different business customs from the U.S., says Frank Hood, CEO of the Mebane, N.C.-based manufacturer. That was 20 years ago, and the customer was in Kuwait. Now the company sells to more than 20 countries, with China the most recent addition. Exports account for between 10 percent and 15 percent of Kingsdown's revenue.

When Hood considers exporting to a country for the first time, he has to decide whether the mattresses should be manufactured at one of the company's five U.S. factories, or in plants overseas. He has to learn about regulations in each country that might affect how products are made. For example, he says, some countries require mattresses to meet standards for being fire retardant. Some want the mattresses to be fumigated so that pests aren't brought into the country.

And Kingsdown structures each deal to minimize the risk that it takes because it's working with customers thousands of miles away. Hood says the company has never been burned by an export customer.

"If it's based in a country we're not familiar with, we ask for 30 percent to be paid up front to cover any risks," he says. "It's not unheard of to get even 100 percent."


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World Food Prize goes to 3 biotech scientists

DES MOINES, Iowa — The World Food Prize Foundation on Wednesday took the bold step of awarding this year's prize to three pioneers of plant biotechnology whose work brought the world genetically modified crops.

The private nonprofit foundation, which is in part funded by biotechnology companies, refused to shy away from the controversy surrounding genetically modified crops that organic food advocates say are harmful to people and the environment.

"If we were to be deterred by a controversy, that would diminish our prize," said the foundation's president, Kenneth Quinn, a retired U.S. diplomat.

This year's award goes to Marc Van Montagu, founder and chairman of the Institute of Plant Biotechnology Outreach at Ghent University in Belgium; Mary-Dell Chilton, founder and researcher at Syngenta Biotechnology; and Robert Fraley, chief technology officer at Monsanto.

Van Montagu and Chilton independently developed the technology in the 1980s to stably transfer foreign genes into plants, a discovery that set up a race to develop tools to genetically engineer plants. It allowed other scientists to incorporate genetic traits in plants to better withstand drought, extreme heat and to fight off pests and disease. Fraley was the first to successfully transfer immunity to specific bacteria into a plant.

The three scientists, who worked independently, reported the findings of their research at the 1983 Miami Winter Biochemistry Symposium. The announcements marked the beginning of a plant biotechnology era that has changed modern agriculture.

Fraley genetically engineered the first herbicide-resistant soybean in 1996, enabling farmers to spray the herbicide Roundup on their fields without fear of killing their soybean plants.

Since then the use of genetically enhanced crops has spread rapidly. They are grown on more than 420 million acres in nearly 30 countries by over 17 million farmers worldwide, the foundation said. More than 90 percent are small, resource-poor farmers in developing countries.

Many U.S. farmers credited genetic modifications in corn with saving last year's crop from all but total devastation as half of the nation endured the worst drought in 60 years. Modern corn plants are more stable and can withstand a wider variety of climate conditions because of genetically improved leaves, roots and reproductive capability.

Fraley said biotechnology will enable the farming industry to meet the needs of a growing global population.

"We know we need from a demand perspective to double food production around the world in the next 30 years," he said. "The exciting thing is, we have the tools available to enable that to happen."

The selection of the three scientists to win the World Food Prize is certain to draw criticism. Some organic farmers say widespread planting of genetically modified crops could contaminate organic and traditional crops, destroying their value. Others have raised concerns about the uncharted long-term impact for people who eat products such as milk and beef from animals raised on genetically modified plants.

Van Montagu said he hopes the food prize award will help people to understand the safety of genetically modified crops.

"Everybody can have his opinion. We just have to explain to society the science fact and that is not the slightest risk has been identified. These crops are as safe if not safer than food that comes from traditional agriculture," he said. "If somebody denies that we bluntly can say they are misinformed."

Chilton said it's time to address the critics straight on.

"I've grown up with this technology and there's nothing strange about it for me," she said. "The plants we make with this technology are certainly tested so that if anything unexpected were to crop up we would catch that in the testing process."

The World Food Prize was created in 1986 by Norman Borlaug, winner of the Nobel Peace Prize for his efforts to fight hunger. Borlaug was honored in 1970 for work that boosted agricultural production in what has become known as the "Green Revolution."

The prize has grown in stature in recent years. The recipients are announced each year at the U.S. State Department in Washington in June. Secretary of State John Kerry delivered the keynote address at Wednesday's announcement ceremony.

Recipients will receive the prize, which includes $250,000, at a ceremony in October at the Iowa Capitol in Des Moines attended by hundreds of scholars and agribusiness leaders from around the world.

The private, nonprofit World Food Prize Foundation has received significant funding from major biotechnology companies, and its ties to DuPont, Cargill, Monsanto, and Syngenta have drawn criticism.

Protesters from Occupy Des Moines staged civil disobedience at last year's award ceremony and several were arrested. Organizer, Frank Cordaro said the prize is corporate agriculture's way of branding themselves in the minds of the American people as the good guys feeding the hungry when they're really just interested in profit.

Quinn said Borlaug knew the work of the three recipients of this year's prize and before he died in 2009 said he hoped they would be honored with the prize for their work someday.

"It is important to note that he was very strongly in favor of recognizing biotechnology and these three people in particular," Quinn said.


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Porsche tops in annual survey of vehicle quality

DETROIT — Porsche is the top performer in an annual survey of new vehicle quality.

J.D. Power questioned more than 83,000 U.S. car owners about problems with their 2013 vehicles in the first 90 days of ownership.

In the results released Wednesday, Porsche, GMC, Lexus, Infiniti and Chevrolet owners reported the fewest problems. The worst performing brands were Scion, Fiat, Mitsubishi, Nissan and Mini.

The top complaints this year involved voice recognition systems that didn't understand commands and Bluetooth systems that didn't connect to drivers' phones. Wind noise was also a big complaint.

Honda had the top-performing small car and small SUV, with the Honda Civic and Honda CR-V. The highest-ranking midsize car was the Toyota Camry.

Chevrolet had the best pickups, with the Avalanche and Silverado.


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United Tech sees possible impact from court order

HARTFORD, Conn. — United Technologies Corp. says a federal court ordering it to pay $473 million plus interest to compensate for alleged fraud in its sale of fighter jet engines could cut revenue and profit.

Judge Thomas M. Rose of the U.S. Southern District Court of Ohio issued the order Monday. The Hartford, Conn., aerospace company said in a regulatory filing Tuesday that it will appeal the order. With damages, penalties and interest, United Technologies said the penalty would rise to about $660 million.

The Justice Department said that United Technologies subsidiary Pratt & Whitney violated the False Claims Act, resulting in alleged overpayments for F100 jet engines from 1985 to 1990.

Rose said an earlier court order found Pratt & Whitney fraudulently asserted its prices were substantiated by recent data.


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Oil little changed before Fed's Bernanke speaks

NEW YORK — The price of oil was down slightly Wednesday as traders waited to hear the latest on the Federal Reserve's monetary policy from chairman Ben Bernanke.

Oil fell about 40 cents after the government said U.S. oil supplies rose by 300,000 barrels last week. But it quickly bounced back. Benchmark oil for July delivery was down 12 cents to $98.32 a barrel on the New York Mercantile Exchange in midday trading.

The nation's inventory of crude oil grew by 300,000 barrels, or 0.1 percent. At 394.1 million barrels, supplies are 1.8 percent above year-ago levels, the Energy Department's Energy Information Administration said in its weekly report. Analysts expected supplies to drop by 1 million barrels.

In Washington, the Fed will issue its latest policy statement at 2 p.m. EDT. Bernanke will hold a news conference a half-hour later.

To help support the U.S. economic recovery, the Fed has been buying $85 billion in bonds every month in an attempt to keep long-term interest rates low and encourage lending. The new money generated has flowed into the financial system, helping many assets, including oil, to climb from the lows witnessed during the global recession following the 2008-2009 financial crisis.

Investors want to hear more from Bernanke on the Fed's plans for the bond-buying program. Markets have been volatile during the past few weeks because of uncertainty over the Fed's intentions.

"Our best guess is that the Fed will wait until the September meeting and even then the tapering will begin with a very modest reduction in the monthly purchases," to perhaps $65 billion per month, Capital Economics analysts said in a research note.

Brent crude, a benchmark for many international oil varieties, was up 11 cents to $106.13 a barrel on the ICE Futures exchange in London.

In other energy futures trading on the Nymex:

— Wholesale gasoline was unchanged at $2.88 a gallon.

— Heating oil was unchanged at $2.96 per gallon.

— Natural gas gained 5 cents to $3.96 per 1,000 cubic feet.

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Pablo Gorondi in Budapest and Pamela Sampson in Bangkok contributed to this report.


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