 |
|
FOURTH QUARTER EDITION 2007
FROM OUR PRESIDENT, MICHAEL
HALE:
Most observers feel that the insurance market is in its
“soft” cycle. I will share with you what drives the cycle and
how it affects your group.
In the scheme of traditional insurance, the price that
primary companies pay for their reinsurance coverage determines what
the primary companies charge their customers. Property
reinsurance cost seems to be the driving force as it is most often
affected by catastrophic events which can cause large losses in one
year. The reinsurance companies then raise their rates for the
property and casualty treaties with the primary companies
to recoup the loss over the next several years which is referred to
as the “hard” market. The traditional primary insurers then
pass these increases on to their customers. When the
reinsurers are again profitable the rates come down and the “soft”
cycle repeats.
Our group was formed to take the dramatic swing out of the
cycle. By concentrating on one line of business and basing our
rates strictly on the results of that business we can absorb the
reinsurance changes without affecting what you pay. This allows
all of us to better budget our costs and protect against risk
without worrying from year to year about who is going to insure us,
what they are going to exclude and how much it is going to
cost. Does this mean we will always be the lowest price on the
street? Probably not. Does it mean we will always be the
best for you? Absolutely.
After our group was formed and identified by the inside press
as the market leader, traditional insurance companies who had been
fleecing us for years began lowering their rates in an effort get
some of us back. They also removed some of their
exclusions. While it is good to see the industry recognize that
we are not bad risks after all it took a mighty undertaking to get
that recognition and without us standing firm together it would be
soon lost.
NEW MEMBERS AND RENEWALS SINCE JUNE 30,
2007
|
J.R. Farnham Claims
Service, LLC |
|
Joseph |
|
Farnham |
|
McMillan Claims Service
of Montrose |
|
Dave |
|
Byrne |
|
Vaughn & Associates
Adjusting Services, I |
|
Peter |
|
Vaughn |
|
Connor Claim
Specialists |
|
David |
|
Moore |
|
Customized Claims
Service, LLC |
|
Jack |
|
Howlett |
|
Ability Insurance Claim
Service, Inc. |
|
Kathleen |
|
Davidoff |
|
Legacy Claim Services,
LLC |
|
Tony |
|
Ellis |
|
Shafrath, James
Lee |
|
Jim |
|
Shafrath |
|
Cook Claims Services,
Inc |
|
David |
|
Cook |
|
Inland Northwest Truck
Claims |
|
Art |
|
Cockburn |
|
SK Adjusting,
LLC |
|
Scott |
|
Lampman |
|
Schifrin, Gagnon &
Dickey, Inc. |
|
Peter |
|
Schifrin |
|
American Claims Bureau,
Inc. |
|
Alan |
|
Nagel |
|
St. Louis Casualty Claims,
LLC |
|
Chris |
|
Schaefer |
|
Claims Advantage,
Inc. |
|
James |
|
Barbieri |
|
Claiborne Business
Services |
|
Haden |
|
Claiborne |
|
West Alabama Claim
Service, Inc. |
|
Jim |
|
Duncan | CPLIC'S FIRST POLICYHOLDER: CSM CORPORATION, DBA MIDLAND
CLAIMS SERVICE! Their policy number for that
year is CP40001-01 and it became effective 09/30/04-09/30/05.
It's still the same policy number but the -01 has changed to -03
since it is their third year with us.
Below are some pictures of Mike Marsh of Midland Claims
along with his Dad and Michael, exhibiting their
certificates. CPLIC CLAIMS DEPARTMENT NOTES:
Members are not always cognizant of the short response times
to legal papers. And we can’t blame this on just the property
folks.
In most cases you will know about a situation that would
likely involve a suit and would have already put us on
notice. We still need to have any legal papers the day you
receive them. Below are the advantages:
1) We can
consult with you about whether to accept the service by
mail.
2) We have
time to evaluate the allegations to determine if an answer or some
other responsive pleading is appropriate.
3) We have
time to select the best local counsel for your needs.
4) We have
time to determine whether an early settlement is the best
option.
5) We have
time to tender and follow-up if
appropriate.
Please do not “sit” on legal papers in hopes of being granted
a free dismissal. You may jeopardize your rights to a legal
dismissal.
THE FOLLOWING IS AN ACTUAL CPLIC MEMBER CLAIM
SCENARIO FOR YOUR REVIEW:
One of our original members handled a general liability
investigation for one of their insurance company
clients.
The attorney for the plaintiff made allegations against the
adjuster but did not name him as a defendant. The insurance
company client advised our member to put his E & O carrier on
notice in January.
Our member did not feel that the allegations would amount to
anything and did not put us on notice. The member’s policy was
renewed in May, four months later, without mention of the
claim.
When discovery heated up, our member was noticed for
deposition and served with a document production request in July,
two months after the policy renewed. At that time the claim was
reported to us.
Our policy requires the claim to be made and reported during
the same policy period even though the event may have happened
earlier. Since in this case the reporting requirement was not
met the scenario was referred to the claims committee with the
member remaining anonymous. After due consideration and
research the committee recommended that the claim be
denied. The Board of Directors approved that recommendation and
the member was so notified.
OF NOTE TO CPLIC MEMBERS: THE FOLLOWING
IS AN EXCELLENT ARTICLE FROM ONLINE ROUGH NOTES CONCERNING
"ADJUSTERS ERRORS AND OMMISSION". http://www.roughnotes.com/imp_cybercast/Archives/v004_September2007/index.htmALSO OF NOTE: KEN JOHNS HAS
CO-AUTHORED AN EXCELLENT ARTICLE TITLED "EXCESS INSURANCE &
SPECIAL DISABILITY (2ND INJURY) TRUST FUND REPORTING" IT
IS A FAIRLY LONG ARTICLE, SO IF YOU WISH TO RECEIVE IT, PLEASE EMAIL
TMOSS@TENCO.COM AND REQUEST
SAME. HERE ARE THE FIRST FEW PARAGRAPHS OF THE
ARTICLE:
EXCESS
INSURANCE
&
SPECIAL
DISABILITY (2nd Injury) TRUST FUND REPORTING
A Special
Problem for Third Party Administrators
by K.J. Johns, III, CPCU,
AIM, ARM
Chairman – Risk
Management Committee – CPLIC
Chairman & President
– Johns Eastern Company, Inc. – Bradenton, FL
&
Beverly Adkins, AIC,
AIM
Vice President – Johns
Eastern Company, Inc. – Bradenton, FL
Handling claims as a Third Party
Administrator (TPA) places greater obligations on the adjuster than
simply handling field assignments for insurance companies.
Many organizations using Third
Party Administrators have risk managers. These risk managers,
or people in their offices, are the TPA’s main contact. Many of
these people have little or no experience in the claims
field. Even those that do have claims experience, tend to be
tied up in other administrative problems common to risk management
departments. This places a greater burden upon the TPA, because
there may be no one knowledgeable reviewing their work.
Two of the areas that give rise to
errors and omissions claims for TPAs are reporting to excess
carriers and reporting and collecting second injury trust fund
payments. This paper will deal with these two
issues.
**********CPLIC RISK MANAGEMENT
WEBSITE SECTION FINALLY
HERE!**********
After
a year and a half of work, the most eagerly and anticipated
occurrence in the independent claims adjusting business
has happened.
The
Risk Management Section of the Claim Professionals Liability
Insurance Company Website is now available for member
use.
We
will have one identification code and one password for all
members. We will change this periodically, and will let you
know of the changes to the digest. At www.cplic.net
choose the Risk Management button on the left side, above the blue
box for application form. That will get you to our start
page. At the bottom of the left side disclaimer is a box
entitled, “I accept”. Click that and you will then be asked for
identification and the password.
The ID
is: cplicmem07 The Password is:
2004cplic (all in lower case)
The contents tell you about the five
(5) areas in the Risk Management Section. To
recap:
Things Good Adjusters Do
Suggested Forms, Letters and Wordings
Commentary on Claims Handling
Dealing with Experts
What CPLIC’s Claims Department Sees
You
will find content in some of these areas. The other areas are a
work in progress.
Any
suggestions for additions to these areas should be directed to Ken
Johns, or one of the members of the Risk Management
Committee. The members are:
Ken
Johns
Michael Marsh
Johns Eastern Company,
Inc.
Midland Claims Service
1 (877)
879-9213
1 (406 ) 656-9970
Chris
Ereirich
Johnny Michalek
Quality Claims
Service
Gulf Coast Claims Service
1 (863)
299-2588
1 (713) 723-9434
Before you log in, you will note the names
of those people who were instrumental in putting content into the
Risk Management Section. Again, my thanks to them.
Once
you have reviewed the Website, I would appreciate any comments you
may have.
Ken Johns, Chairman
Risk Management Committee
INDUSTRY
EVENTS THROUGH MARCH 2008
8-11
€” The National Association of Catastrophe
Adjusters,
31st Annual NACA Convention & Business Meeting, Hilton Hotel,
Fort Worth, TX. Contact: 817-498-3466, nacatadj@aol.com, www.nacatadj.org.
9
€” Insurance Information Institute,
P/C Insurance Joint Industry Forum,Waldorf Astoria Hotel, New York,
NY. Contact: Diane Portantiere, 212-346-5562, fax 212-791-1807,
dianep@iii.org, www.iii.org.
16-19 €” Disaster Kleenup
International,
Insights Property Restoration Conference and Trade Show, Hyatt
Regency Hill Country Resort & Spa, San Antonio, TX. Contact:
Rachel Jourdam, 630-350-3000, www.insightsconference.com.
24-26 €” Harmon Solutions Group
(HSG), 2007 Customer Summit, Doubletree Hotel, Tampa
Westshore Airport, Tampa, FL. Contact: Coleen Hengst, 715-830-6001,
fax 715-830-6111, e-mail coleen.hengst@harmonsolutionsgroup.com.
29-Feb.
1 €” Windstorm Insurance Network,
8th Annual Windstorm Insurance Conference, Hyatt Regency, Tampa, FL.
Contact: Meeting Management Group, 813-988-0737 or 850-473-0601, fax
850-473-0603, mgriffin@windnetwork.com,
www.windnetwork.com.
31-Feb.
2 €”
Loss Executives Association (LEA),
76th Annual Meeting, Tampa Waterside Marriott, Tampa, FL. Contact:
John Paulson, 315-853-5400, fax 315-859-1276, Paulsonadj@msn.com, www.lossexecutivesassoc.org.
7 €”
Ontario Insurance Adjusters Association, Professional
Development & Claims Conference, Metro Toronto Convention
Centre, Toronto, Canada. Contact: Jackie Johnston, 905-542-0576, fax
905-542-1301, email manager@oiaa.com, www.oiaa.com.
14 €” New Jersey Department of Insurance and
Banking, 2CE credit course, €œWater loss Mitigation
Techniques.€ Contact: Kelly Cressy,
800-848-1761, email kelly@waterout.com, www.waterout.com.
15-16
€” American Society of Workers€™ Comp Professionals
(AMCOMP), Annual
Meeting, Bellagio Hotel, Las Vegas, NV. Contact: Maria Sclafani,
212-867-0228, fax 212-867-2544, info@xslca.org, www.slca.org.
21-23 €”
National Association
of Mutual Insurance Companies, 2007 NAMIC Claims
Conference, Orlando, FL Caribe Royal Resort, Orlando FL. Contact:
Tiffany Milzarek, 800-336-2642, www.namic.org.
28-Mar. 2
€”
National Association
of Mutual Insurance Companies, Commercial Lines
Underwriting Seminar, The Sofitel Chicago Water Tower, Chicago, IL.
Contact: Tiffany Milzarek, 800-336-2642, www.namic.org.
8-9€”
Casualty Actuarial Society,
Seminar on Ratemaking, Hyatt Regency Atlanta, Atlanta, GA. Contact:
703-276-3100, fax 703-276-3108, office@casact.org, www.casact.com.
10-13
€” National
Association of Insurance Commissioners,
Spring Meeting, New York, NY,www.naic.org.
13-14
€” Combined Claims Conference, 19th Annual Conference,
Pacific Palms Conference Center, Industry Hills, CA. Contact: Brenda
Reisinger, 888-811-6933, www.combinedclaims.com.
13-16
€” Association of Specialists in Cleaning & Restoration
(ASCR), 62nd Annual Solutions Convention & Exhibition,
Buena Vista Palace, Orland, FL. Contact: Sharon Simone,
800-272-7012, sharons@ascr.org, www.ascr.org.
15 €”
NER/FBI-LEEDA Regional Heavy
Equipment Theft Summit, Oregon Convention Center,
Portland, OR. Contact: 866-663-7872, info@NERusa.com.
18-21
€” Property Loss Research Bureau/Liability Insurance Research
Bureau, Claims
Conference & Insurance Services Expo, Walt Disney World Dolphin
Hotel, Orlando, FL. Contact: 630-724-2200, conference@plrb.org, www.claimsconf.org.
25-28 €” Insurance Services
Office, Insurance
Fraud Management Conference, Pointe Hilton Tapatio Cliffs Resort,
Phoenix, AZ. Contact: 800-888-4476, fax
201-748-1472, meetings@iso.com, www.iso.com.
26-29 €” Water Out Drying Corporation, ASD
Course, Hydro Lab, Cicero, IN. Contact Kelly Cressy 800-848-1761,
email kelly@waterout.com, www.waterout.com,
www.hydro-systems.com.
28-30€” Casualty Actuarial
Society, ERM Symposium, Chicago Marriott Downtown, Chicago,
IL. Contact: 703-276-3100, fax 703-276-3108, office@casact.org, www.casact.com.
THANK YOU FOR BEING A POLICYHOLDER OF OUR PRESTIGIOUS RISK
RETENTION
GROUP! |
|