News — Insurance Bad Faith

Important New Study Clarifies Science of "Minor Impact" or "MIST" Cases

Important New Study Clarifies Science of "Minor Impact" or "MIST" Cases
Important new research on "minor impact" cases: "the injury risk of real-world minimal damage rear impact crashes was estimated to be at least 2000 times greater than for any ADL. The results of our analysis indicate that the principle underlying the biomechanical injury causation approach, that occupant acceleration is a proxy for injury risk, is scientifically invalid. The biomechanical approach to injury causation in minimal damage crashes invariably results in the vast underestimation of the actual risk of such crashes, and should be discontinued as it is a scientifically invalid practice."
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Years of Experience Learned in Hours – A Review of Running with the Bulls

Years of Experience Learned in Hours – A Review of Running with the Bulls
Running With The Bulls is a book intended to teach trial lawyers how to maximize possible settlements. In the modern world of a trial lawyer, 99% of cases will settle before going in front of a jury. In times past, lawyers would try upwards of 100 jury trials per year. Now, it’s not uncommon for a firm that handles a smaller number of cases to not see a jury at all during a year.
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How a Trial Guides Book Resulted in Allstate's McKinsey Documents Being Publicly Disclosed

How a Trial Guides Book Resulted in Allstate's McKinsey Documents Being Publicly Disclosed
Despite Allstate’s attempt to suppress any public knowledge of the damning evidence of institutional bad faith contained in the McKinsey documents, the company failed.  Trial Guides author David Berardinelli meticulously documented the content, and then obtaining a court ruling requiring disclosure of the documents un-protected.  "From Good Hands to Boxing Gloves" details the dramatic impact of McKinsey & Co. and Allstate's claim practices on the insurance industry - practices which continue to result in insurance claim underpayments today.
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Media Cites Trial Guides' From Good Hands to Boxing Gloves in Questioning McKinsey & Co.

Media Cites Trial Guides' From Good Hands to Boxing Gloves in Questioning McKinsey & Co.

In an article about McKinsey & Co.'s impact on business and society published in "In These Times" the media continues to cite Trial Guides' From Good Hands to Boxing Gloves.

"The McKinsey-designed insurance strategy was major news through the 2000s. This was thanks to numerous lawsuits by both private attorneys and state officials like Foti, who went to war with Allstate and State Farm on behalf of consumers railroaded by the companies after not just auto collisions and fires, but natural disasters like tornadoes and hurricanes.

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How Nick Rowley and Team Obtain 8 Figure Settlements

How Nick Rowley and Team Obtain 8 Figure Settlements
Trial Guides author Nick Rowley recently obtained a $29.25 million settlement against State Farm Insurance for a motorcyclist after State Farm rejected a policy limits demand of $1.25 million and failed to protect its insured driver from litigation. This follows a $10.25 million settlement in December and a $2,551,000 settlement within thirty days of coming into another case where the insurance company had previously refused to pay a $300,000 settlement demand. As is often the case, Nick told us that much of the credit for these outcomes belongs to the other lawyers in his office, his co-counsel, and his staff.
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Allstate Agents Review From Good Hands to Boxing Gloves: The Dark Side of Insurance

Allstate Agents Review From Good Hands to Boxing Gloves: The Dark Side of Insurance
The following is a review of Trial Guides' public version of "From Good Hands to Boxing Gloves: the Dark Side of Insurance" which is sold exclusively through Amazon.com.  The reviews are written by Allstate's own agents in the national Allstate agent publication; Exclusive Focus.  
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Public Adjustor Reviews Public Version of From Good Hands to Boxing Gloves

Public Adjustor Reviews Public Version of From Good Hands to Boxing Gloves

Book Review by Public Adjustor Jonathan F. Sadick, SPPA

"One of the questions I’ve been routinely asked over the past quarter century as a public adjuster is some variation of, “Do I believe that insurance companies intentionally shortchange insureds?”

My diplomatic reply has generally been along the lines of, “Not necessarily, although insurance carriers look for ways to minimize claim payments, while the objective of my profession is to find ways to have them maximized.” After reading a review of David Berardinelli’s book, From Good Hands to Boxing Gloves, in BusinessWeek, I probably should revise response.

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United Policyholders reviews Polarizing the Case

United Policyholders reviews Polarizing the Case

Book Review: Polarizing the Case is a book for trial lawyers written by Richard Friedman, one of the most successful trial lawyers in the United States. But anyone who has ever been a victim of an insurance company’s tactics designed to deny or underpay a legitimate claim might also find it interesting.

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Lawyers USA Chooses Top Ten Jury Verdicts

Lawyers USA Chooses Top Ten Jury Verdicts
Rick Friedman achieved four Top Ten Jury Verdicts, the most of any lawyer during the years Lawyers USA released the Top Ten Jury Verdicts. In 2008 his Top 10 Jury Verdict was a $60 million verdict against UnumProvident. Read the story here.
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AAJ Lists Top 10 Worst Insurance Companies in America, Cites Trial Guides' Books and Authors for Uncovering Insurance Bad Faith Practices

AAJ Lists Top 10 Worst Insurance Companies in America, Cites Trial Guides' Books and Authors for Uncovering Insurance Bad Faith Practices

The American Association for Justice (AAJ) has named the Top 10 Worst Insurance Companies in America.  In doing so, it cites Trial Guides' book From Good Hands to Boxing Gloves and articles arising from publicity around that book as the basis for naming Allstate the #1 worst insurer in America.

The 29 page report has a section for each of the ten worst insurers.  The section on Allstate notes at footnote 11 "There is no better analysis of [Allstate's] McKinsey documents than the book, 'From Good Hands’ to Boxing Gloves,' by David Berardinelli, Michael Freeman, and Aaron DeShaw.  Many of AAJ's citations to articles about Allstate's institutional "Deny, Delay, Defend" policy cite the book as the authoritative source on Allstate's policies and procedures as well as the way they have impacted the rest of the insurance industry.  These include the feature articles by BusinessWeek, Money magazine, CNN and others.

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Trial Guides Author Rick Friedman Obtains $60 Million Verdict Using Polarizing the Case

A federal court jury in Las Vegas returned unanimous verdicts last week against Paul Revere Life Insurance Company and UnumProvident Corporation (Unum Group) in the partial retrial of a lawsuit originally tried to verdict in 2004. In the 2004 trial, the jury awarded $1.6 Million in compensatory damages and $10 Million in punitive damages to G. Clinton Merrick in connection with the insurers’ denial of his disability claim.  The verdict obtained by Rick Friedman is $60 million.

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Trial Guides Book Cited as One Reason Allstate Released the McKinsey Documents

Trial Guides Book Cited as One Reason Allstate Released the McKinsey Documents
In a story titled "AIG chief didn't always defend sanctity of contracts" released April 12, 2008, the New Orleans Times—Picayune cites Trial Guides' book From Good Hands to Boxing Gloves as a reason Allstate Insurance released the McKinsey Documents on its web site a week earlier.
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Former Casualty Manager Testifies Against Allstate - Cites Good Hands to Boxing Gloves Claim Handling

Former Casualty Manager Testifies Against Allstate - Cites Good Hands to Boxing Gloves Claim Handling
Former casualty manager testifies against Allstate
By Brandon Ortiz
Allstate's claims practices sent injury victims to biased doctors and
subjected them to intimidating interviews and invasive medical record
requests in an effort to bully them into accepting low-ball offers for
their pain and suffering, a former Lexington casualty manager
testified yesterday.
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Scientist calls Allstate documents scientifically bogus - Dr. Michael Freeman Testifies about Allstate MIST Defense

Scientist calls Allstate documents scientifically bogus - Dr. Michael Freeman Testifies about Allstate MIST Defense
Scientist calls Allstate documents scientifically bogus - Lexington Herald-Leader

"An epidemiologist testified Tuesday that assumptions in an Allstate claims handling manual about how much force passengers endure in low-speed wrecks have no scientific basis.

“These numbers are impossible, and they are just made up,” said Michael Freeman, an epidemiologist at Oregon Health and Science University testifying in the second day of a $1.425 billion civil trial in Fayette Circuit Court challenging Allstate Insurance Co.’s claims handling practices."

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Bloomberg Details Widespread Insurance Claim Denials and Delays

Bloomberg Details Widespread Insurance Claim Denials and Delays

The following article is published in Bloomberg Markets [Since removed from the internet] It provides one of the most comprehensive public media stories covering the serious problems in the insurance industry in America caused by programs of defense, delay and denial of claims.

The Insurance Hoax

By David Dietz and Darrell Preston

Julie Tunnell remembers standing in her debris-strewn driveway when the tall man in blue jeans approached. Her northern San Diego tudor-style home had been incinerated a week earlier in the largest wildfire in California history. The blaze in October and November 2003 swept across an area 19 times the size of Manhattan, destroying 2,232 homes and killing 15 people. Now came another blow.

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PBS NOW Discusses Insurance Claim Denials Citing From Good Hands to Boxing Gloves

PBS NOW Discusses Insurance Claim Denials Citing From Good Hands to Boxing Gloves

The following is a post by PBS regarding its investigation into insurance claim denials and underpayments in the United States [since removed from the internet]. The story cites Trial Guides' book From Good Hands to Boxing Gloves. It is accompanied by a video "Home Insurance 9-1-1" [which has also since been removed from the internet]:

In the fall of 2003, one of the largest recorded wildfires in California's history destroyed over 2,200 houses and killed fifteen people. Soon after, many who'd lost their homes had a rude awakening: their insurance did not nearly cover their losses as expected.

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CNN Money Cites Trial Guides' From Good Hands to Boxing Gloves

CNN Money Cites Trial Guides' From Good Hands to Boxing Gloves

Think You're Insured? Maybe Not.

That is the title of a new article by CNN Money magazine discussing insurance claim practices. The basis for the article is Trial Guides' book From Good Hands to Boxing Gloves.  

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CNN Investigative Report Exposes Insurance Claim Denials - Cites Trial Guides' From Good Hands to Boxing Gloves

CNN Investigative Report Exposes Insurance Claim Denials - Cites Trial Guides' From Good Hands to Boxing Gloves
On February 7, 2007, CNN released its findings from an 18 month investigation into Allstate and State Farm Insurance, and the companies' decision to deny claims to increase profits. The feature focuses on the Trial Guides book From Good Hands to Boxing Gloves, and features co-authors David Berardinelli, Esq. and Dr. Michael Freeman.
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Money Magazine Article "Hardball with Homeowners" Cites Trial Guides Book

Money Magazine Article "Hardball with Homeowners" Cites Trial Guides Book
Money magazine released a new article today titled "Hardball with homeowners" by Walter Updegrave and Kate Ashford on the topic of improper claim delays and denials. Addressing the impact of improper claim denials and delays in hurricane claims and the use of the Xactimate program (analogous to the Colossus program for bodily injury claims), the authors cite the Trial Guides book From Good Hands to Boxing Gloves and its primary author David Berardinelli.
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CNN Expose "Auto Insurers Play Hardball in Minor-Crash Claims"

CNN Expose "Auto Insurers Play Hardball in Minor-Crash Claims"

CNN has released a new expose on the insurance claims handling by State Farm and Allstate, titled "Auto Insurers Play Hardball in Minor-Crash Claims. The article covers the topic in Trial Guides' book From Good Hands to Boxing Gloves.

The beginning of the article notes:

"If you are injured in a minor car crash, chances are good that you will be in the fight of your life to get the insurance company to pay all the medical costs you incur -- even if the accident was no fault of your own.

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CNN Expose on Allstate and State Farm features Trial Guides Authors David Berardinelli and Dr. Michael Freeman

CNN Expose on Allstate and State Farm features Trial Guides Authors David Berardinelli and Dr. Michael Freeman

Below is a Transcript of CNN’s Expose on Allstate and State Farm [since removed from CNN and all web video services.] Wed., Feb. 7, 2007

Insurance companies fight paying billions in claims

"ANDERSON COOPER: Traffic accidents, of course, are a fact of life. So is dealing with insurance companies. You pay them to protect you. That’s the idea. But some accident victims say they’re being forced to settle or go to court because
the claims are denied.

We wanted to know the facts, and in a CNN investigation, we looked into
whether some big name insurers are more interested in profit than
policyholders..."

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Trial Guides Releases "Rules of the Road" Audiobook

Trial Guides Releases "Rules of the Road" Audiobook

Trial Guides is proud to release an audiobook of its best selling legal text - Rules of the Road.  The book is the best selling book for lawyers on proving liability.  

Rules of the Road co-authors, Rick Friedman and Patrick Malone, entered a recording studio with Trial Guides audio engineer Josh Derry to record the audiobook over four days.  The audiobook CD set is an unabridged reading of the book.

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Customer Obtains $755K Verdict on $300K Offer Using Rules of the Road

Customer Obtains $755K Verdict on $300K Offer Using Rules of the Road

We recently received the following lawyer success story using Rules of the Road:

"I recently tried a bad faith case here in Kentucky that was supposed to be a very conservative jurisdiction. The judge, as well as everyone else, warned me not to turn down the offer of $300,000. We did, and the verdict was $755,000 plus $195,000 to be added for attorneys fees. Not a big verdict for California, but very respectable for here.

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Lawyer Ken Allen Obtains a $20.8 Million Verdict Against Allstate Using From Good Hands to Boxing Gloves

Lawyer Ken Allen Obtains a $20.8 Million Verdict Against Allstate Using From Good Hands to Boxing Gloves

We recently received the following lawyer success story using the information in From Good Hands to Boxing Gloves - How Allstate Changed Casualty Insurance in America.

“David Berardinelli's book From Good Hands to Boxing Gloves is an essential tool for any trial lawyer handling bad faith claims against Allstate. The book details how Allstate redesigned its claims handling process to offer policyholders a very simple choice: accept less than fair value for your claims or face a battery of lawyers and years of costly litigation.

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Legal Legend Eugene Anderson's Introduction to From Good Hands to Boxing Gloves

Legal Legend Eugene Anderson's Introduction to From Good Hands to Boxing Gloves

Eugene Anderson is a pioneer in the field of insurance law, and and is an icon in the field of insurance law.  He is the founding member of Anderson Kill, arguably the leading insurance coverage law firm in the United States.  Gene has written several legal treatises and legal journal articles on insurance, including Insurance Coverage Litigation, the ABA Manual for Complex Insurance Coverage Litigation, and more. Some even say that Anderson's career fighting insurers was the inspiration for John Grisham’s The Rainmaker. 

So, we are pleased to announce that Mr. Anderson has agreed to write the introduction to Trial Guides' upcoming book “From Good Hands to Boxing Gloves.”  

Here is his introduction:

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The Chicago Tribune Cites Good Hands to Boxing Gloves in Article on Allstate

The Chicago Tribune Cites Good Hands to Boxing Gloves in Article on Allstate

Today the Chicago Tribune featured Trial Guides' book From Good Hands to Boxing Gloves in and article titled "Author throws punch at Allstate."

“Allstate Corp., fresh from fending off criticism about its response to policyholders affected by Hurricane Katrina, faces another potential storm, this one from an author [David J. Berardinelli] who claims the insurer is forcing policyholders to accept prompt but lower payouts or risk time-consuming and expensive litigation...The book [tells how and why] the nation´s second-largest home and auto insurer treats some policyholders with ‘boxing gloves’ during their time of financial and personal duress, rather than the reassuringly familiar “good hands” highlighted in its advertising.”

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BusinessWeek cites Trial Guides book - "In Tough Hands At Allstate"

BusinessWeek cites Trial Guides book - "In Tough Hands At Allstate"

A new article by BusinessWeek titled "In Tough Hands at Allstate"

The article notes that From Good Hands to Boxing Gloves "tells the story of the key role played by management consultant McKinsey & Co. in reengineering auto insurance claims operations at Allstate Corp. (ALL ) -- and it's a story Allstate doesn't want told."

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Maximizing Auto Accident Settlement Offers

Maximizing Auto Accident Settlement Offers

Nearly 70% of auto accident cases in the U.S. are evaluated by bodily injury claims assessment software. Now there is a guide that helps you and your clients - triggering thousands of "value drivers," and helping you ethically maximize settlement offers based upon the facts of your clients' cases. What lawyers do not realize is that most auto insurers are using computer programs to determine their settlement offers in personal injury cases. Medical timeline demand letters do not work because the computer systems are looking for very specific case facts or factors, which are then entered into the computer system, which...

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Colossus Text Helps You Ethically Maximize Settlement Offers

Colossus Text Helps You Ethically Maximize Settlement Offers
Nearly 70% of auto accident cases in the U.S. are evaluated by claims assessment software. But the insurers have kept these programs, and how they evaluate claims, secret from their own policyholders.  But, Aaron DeShaw has consolidated three years of research into these programs into a book disclosing the way these programs evaluate your claims, as well as how they fail to properly value your case. 
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Turner / CNN Interviews Trial Guides Authors on Allstate's Insurance Claim System

Turner / CNN Interviews Trial Guides Authors on Allstate's Insurance Claim System

Trial Guides authors David Berardinelli and Aaron DeShaw are being interviewed by Turner Network for CNN and Money Magazine regarding Allstate Insurance's claim handling method called Claims Core Process Redesign ("CCPR").  

New Mexico lawyer, David Berardinelli, is the primary author of Trial Guides' upcoming book From Good Hands to Boxing Gloves.

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Trial Guides Authors Interviewed by BusinessWeek Regarding Allstate

Trial Guides Authors Interviewed by BusinessWeek Regarding Allstate
Trial Guides authors David Berardinelli and Aaron DeShaw are being interviewed by BusinessWeek regarding Allstate Insurance's claim handling method called Claims Core Process Redesign ("CCPR").
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Colorado Trial Lawyers Association Publishes Excerpt of Aaron DeShaw's Colossus Text

Colorado Trial Lawyers Association Publishes Excerpt of Aaron DeShaw's Colossus Text
Trial Talk, the Colorado Trial Lawyers Association magazine, published the article "Negotiating a Non-Demonstrable Case" in its August/September 2005 edition. The article is based on our book Colossus: What Every Trial Lawyer Needs to Know, by Dr. Aaron DeShaw, Esq., the definitive text on settling automobile claims with insurers using bodily injury claims software for the evaluation of claims.  The book is supplemented by the Colossus: Legal Forms CD.
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Rick Friedman to Author Book for Trial Guides

Rick Friedman to Author Book for Trial Guides

Nationally prominent bad faith trial lawyer Rick Friedman has agreed to a multi-book, video, and audio CD series for personal injury and bad faith lawyers. 

Rick Friedman has been called the insurance industries' worst nightmare. His successful career has been distinguished by multi-million dollar verdicts and precedent-setting case law. Among many of his landmark cases are the $152 million awarded to a State Farm agent in Bellott v. State Farm, $84 million awarded to a disabled doctor in Ceimo v. Paul Revere, and $16.5 million awarded to a disabled worker in Ace v. Aetna Life Insurance Company. His verdicts to date total over $300 million. Friedman is a member of the Inner Circle of Advocates, an invitation-only group that limits its membership to 100 of the leading trial lawyers in the country.

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Article in Kentucky Newspaper Discusses Allstate Insurance Claims

Article in Kentucky Newspaper Discusses Allstate Insurance Claims
INSURANCE FIRM PREYS ON VICTIMS OF LOW-IMPACT CRASHES, ATTORNEYS SAY HERALD-LEADER STAFF WRITER

"Allstate Insurance Co. is engaging in a systematic and fraudulent scheme to make obtaining fair offers for damage claims so difficult that victims accept low offers rather than pursue costly and time-consuming litigation, attorneys for a Richmond woman argued yesterday in Fayette Circuit Court..."

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New Colossus Form CD for Personal Injury Lawyers

New Colossus Form CD for Personal Injury Lawyers

A new legal Colossus forms CD is released today, to supplement the new book Colossus: What Every Trial Lawyer Needs to Know.

Approximately 70 percent of all auto insurers in the U.S. use bodily injury assessment software to determine claim value. Most of them conceal its use. The most widely used bodily injury claim software is called Colossus, but there are others also used by large insurers including Claims Outcome Advisor.  Bodily injury assessment programs require specific information in order to generate claim value in a client's case.  

The Colossus Forms CD provides lawyers with the legal forms necessary when dealing with modern insurance companies on personal injury cases.

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New book on Colossus for Lawyers Reveals Best Practices for Insurance Demand Letters

New book on Colossus for Lawyers Reveals Best Practices for Insurance Demand Letters
We are proud to announce the release of Colossus: What Every Trial Lawyer Needs to Know, by Dr. Aaron DeShaw, Esq.  The book is the definitive resource for lawyers who handle auto insurance claims practices, and how they impact both the writing of insurance demand letters, as well as insurance bad faith implications.  The book is the result of three years of research, including non-protected claim manuals from several insurers, non-protected Colossus manuals, original programming documents from Australia, as well as interviews with claims adjustors, claim supervisors and even Lee Fogle - director of bodily injury software at ISO who oversees the Claim Outcome Advisor program.  
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Colossus: What Every Physician Needs to Know - Updated Version Available

Colossus: What Every Physician Needs to Know - Updated Version Available

Colossus: What Every Physician Needs to Know is the definitive resource for doctors who handle personal injury cases on the insurance claims process involving their patients.  

The book provides physicians clear guidance on dealing with personal injury cases that will be analyzed by claims assessment software including Colossus.

Presently, nearly 70% of auto accident cases in the U.S. are evaluated by claims assessment software. The book provides physicians an insider’s view of the medical and legal defects in the programs used by 16 of the Top 20 auto insurance companies in the US.

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