CPLIC News
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.htm

ALSO 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
            kjohns@johnseastern.com                         mmarsh@midlandclaims.com
            1 (877) 879-9213                                            1 (406 ) 656-9970
 
            Chris Ereirich                                                 Johnny Michalek
            Quality Claims Service                                            Gulf Coast Claims Service
            ceirich@qualityadjustments.com              Johnny@gulfcoastclaims.com
            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.

25-Mar. 4
€” Federation of Defense & Corporate Counsel, Winter Meeting, Fairmont Scottsdale Princess Hotel, Scottsdale, AZ. Contact: Marty Streeper, 813-983-0022, fax 813-988-5837, mstreeper@thefederation.org, www.thefederation.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!