Change in the Air. Why Join a Professional Association? Claims Conversation. September 2014 Vol. 4 No.

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1 September 2014 Vol. 4 No. 1 ~ Our Mission ~ A professional organization dedicated to the ongoing education of the claims community. Providing an arena for member interaction and the sharing of resources. Next Regular Meeting: September 19, 2014 Time: 11:30am Location: Billy Baroo s See inside for more details Change in the Air By Tom Williams, PSAA President, Partners Claim Service Summer is nearing the end. I can t believe we are already staring at September and another school year. For me, this summer has gone by way to quickly. This is most troubling because I am also going through a transition in my family. My oldest daughter is leaving for California in October. This has caused much reflection on my part, and in some ways, much regret. Regret that I did not make more time for her individually, apart from my other two kids. The fact though is, she s a great person and has grown into a beautiful, intelligent and strong woman. Reflecting on this summer has reinforced what I already knew to be true; change is inevitable. While I don t always like change, I need to not only expect it but prepare for it. I also have learned that change can be a very good thing. Which brings me to why I am writing this; it s a new year for the PSAA. This means, we have a new board. I, Tom Williams, am your new President, Carol Brackman is your Vice-President, Deborah Jette is your Secretary and Lizzy Adkins is your Treasurer. We have already had a couple meetings with one main goal in mind; to make this year different. Not that past years haven t been great, because they have. However, I just felt that perhaps some change would be good. As in the case of Skip Sanborn last year, I am relying heavily on the experience of our past presidents and veteran board members to make this a great year. We have discussed changes in the meeting format that we hope will bring newness and will draw more adjusters into our fold this year. We have also discussed possible changes in some of the events. The only way to learn what these changes are is for you to show up to the meetings and events. So, I hope you will consider joining the PSAA if you are not a member. If you are an ex-member, I hope you will consider re-joining and supporting this great association. See Change in the Air continued on page 3 Bring an ADJUSTER to the September meeting! If your adjuster has not attended a meeting before, both of you will receive a gift card to Starbucks! What a deal! Psst! Time to Renew Your Dues! PSAA Membership Dues for are due now. Put it on your list of things to do, and get er done! Application is on page 24 or available online. Renew now and save $5! Dues go up to $30 November 1. Claims Conversation with Roger Howson By Kelly A. Cherwin See page 7 See page 13 Why Join a Professional Association? See page 25

2 PSAA September PSAA OFFICERS PO Box 58083, Tukwila, WA Tom Williams... President Partners Claim Services 888/ x101, Carol Brackman...Vice President Partners Claim Service Deborah Jette... Secretary Grange Insurance 206/ x2282, Lizzy Adkins... Treasurer Sams & Associates 253/ , Shannon Lyons...Vendor Partner CRDN 206/ , David Kean...Vendor Partner DLS - Dry Cleaning & Laundry Specialists 206/ , david@dlsrestore.com Roger Howson...Editor & Education Chair Claims Dispute Resolution 206/ , rogerhowson@claimsdispute.com Everett Skip Sanborn...Immediate Past President Country Financial Insurance PSAA Committee Liaisons Holiday Party: Tom Williams, Chair Bowling: Carol Brackman, Chair Symposium: Carol Brackman, Chair Golf North: Deborah Jette, Chair PSAA Monthly Luncheon Next Meeting: September 19, 2014 Time: 11:30am to 1:00pm Location: Menu: Billy Baroo s Bar & Grill (at Foster Golf Links) Interurban Ave W Tukwila, WA 206/ Chicken Piccatta, Scalloped Potatoes, Penne Pasta w/alfredo Sauce, Veggies, Salad, Pear Bread Pudding Cost: Members $20 Vendors $25 Additional Meeting Information Page 2 Presentations: Arson, Maybe, Maybe Not Now What? With Ken Rice, CFI, CFEI, CVFI, TIFIREE, PI, CFM, CBO, Senior Fire Investigator with CASE Forensics. And, Accident Reconstruction What is it? With Trevor Newbery, PE, ACTAR, ASE, CVFI, Principal, Senior Engineer with CASE Forensics. See page 3 for more info. Please RSVP: Please keep in mind that we d like to start and end promptly during our monthly meetings. Here is the timeline for each meeting: 11:30 a.m. Registration 11:45 a.m. Buffet 12:00 p.m. Meeting Called to Order 1:00 p.m. End of Meeting Please arrive on time and have your cash or check (payable to PSAA) ready, or provide your online payment receipt. We appreciate your cooperation and assistance. Golf South: Lizzy Adkins, Chair President s Choice Charity for PSAA Executive Assistant & Publisher lquemie ublishing nk PO Box 87, Dexter, Oregon Tailored services for nonprofit organizations The next best thing to a volunteer! Barb Tyler (541) Fax: (541) npassist@msn.com Newsletter Publishing Executive Assistance Event Planning Website Development/Maintenance and more! FAIR USE NOTICE: This publication contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. News and informational articles posted here are for the non-profit purposes of education and news reporting. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in 17 U.S.C 107. Puget Sound Adjusters Association Newsletter published monthly by Alquemie Publishing Ink Phone: 541/ Fax: 541/ npassist@msn.com

3 PSAA September 2014 Change in the Air (Continued from front page) In our profession, we have to adapt to new laws, technology, peers and other changes in our industry. If we don t, quite simply, we do not excel. The PSAA is also looking to stay as current as possible, so we will also excel. I understand that not everyone will necessarily be thrilled with some of the changes, and there will be others that wish there were more changes. You can t make everyone happy all the time. Well, that s not our goal. We want to stay current and relevant and the changes that we are trying to enact are focused mainly on those two points. I hope you will join us this year for what promises to be a fun, educational and worth-while group of meetings and events. Remember, you usually get out of something as much as you put in. So, if you want to get something out of this year, be prepared to put something in. Calling out ALL Past Presidents! Two past presidents on the board are issuing a challenge to ALL past presidents: Involve yourself in the Association by attending meetings and functions. Attendance will be logged and at the May meeting prizes will be awarded to those with the highest attendance! See you at the first meeting September 19! Calling out ALL Adjusters! Come to PSAA meetings and functions throughout the year! Adjusters with the highest attendance will be awarded greatly at the end of the year! September Presentations Arson, Maybe, Maybe Not Now What? with Ken Rice, Senior Fire Investigator, CFI, CFEI, CVFI, TIFIREE, PI, CFM, CBO About the Presentation We will look at the complexities of the investigation, dispel common myths, and look at some cases that resulted in wrongful conviction. Understanding what to do and what not to do is invaluable to protecting the insured and insurer. Page 3 About the Presenter Ken Rice is a Senior Fire Investigator with an extensive background in both criminal and civil fire investigations including, fire/ arson origin and cause investigations, inspections, code enforcement, and plan review. He is a NAFI Certified Fire and Explosion Investigator, NAFI Certified Vehicle Fire Investigator and IAAI Certified Fire Investigator He has over 16 years of municipal government experience in the fields of law enforcement, risk management, code enforcement, building inspection, and fire investigation. Prior to joining CASE Forensics, Ken served in the public sector, most recently as the Fire Marshal for the Sun City Fire District. (See September Presentations continued on page 5) September Vendor of the Month MACHAON Medical Evaluations MACHAON Medical Evaluations, Inc. (pronounced Ma-kay-un). This year marks the 17th anniversary for MACHAON. MACHAON specializes in complex legal cases as well as PIP and worker compensation claims. We are dedicated to offering the most professional and individualized services in the industry. We are able to accommodate complex and unique cases in the Pacific Northwest. MACHAON provides consistent, high quality service to our clients and we go out of our way to assist you with all of your IME needs. We currently service all areas in the Pacific Northwest including Alaska and Idaho. If we don t have the expert you are looking for, we will recruit them! We offer easy on-line scheduling and records upload. Check us out at or call us at MACHAON Medical Evaluations, Inc. Independent Medical Evaluation Services serving: Washington Seattle and Tacoma offices Plus multiple locations at our Consultant s offices Independent Medical Examinations Chart Reviews To schedule, call MACHAON at Online scheduling available at MACHAON.org

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5 PSAA September 2014 Page 5 September Presentations (Continued from page 3) Accident Reconstruction What is it? with Trevor Newbery, Principal, Senior Engineer, PE, ACTAR, ASE, CVFI About the Presentation We will look at what accident reconstruction is, when it might be used and who is qualified to perform it, highlighting common tools and methods used. Simple motor vehicle collision reconstruction techniques will be illustrated using actual case studies, followed by a quick look at the use of 3D simulation and more complex cases. About the Presenter Trevor Newbery has a Bachelors degree in Mechanical Engineering and a Masters degree in Forensic Science. He is a licensed Professional Engineer, an ACTAR Accredited Traffic Accident Reconstructionist, and an ASE Certified Automobile Technician. In addition, he is a Certified Crash Data Retrieval (CDR) Analyst and a Certified Vehicle Fire Investigator. JRP ENGINEERING, INC. Providing property damage assessment, reconstructive engineering design, and architectural design services. Over 20 years industry experience. Specializing in damage resulting from: Dry Rot Deterioration Fire Water Wind Earthquake Foundation Settlement Contact Jim Perrault, P.E., S.E. Toll Free Ballinger Way NE, Suite 101 Shoreline, WA / Fax 206/ Trevor specializes in vehicle accident reconstruction and failure analysis. He has investigated over 1500 accidents and has assessed issues such as vehicle speed, impact severity, injury potential, seat belt use, airbag deployment, collision sequence, driver evasion potential, nighttime visibility, crash recorder data, fire origin and cause, damage matching, and mechanical failures. He has investigated accidents involving passenger cars, trucks, vans, motorcycles, bicycles, pedestrians, animals, and heavy vehicles. Trevor has worked as an accident reconstructionist for over fifteen years and has provided expert witness testimony in criminal and civil courts. Trial Update JULITTA BRANNON V. C-TRAN MULTNOMAH CIRCUIT COURT; PORTLAND, OREGON See page 20 Here at Roto Rooter we take pride in offering the best services around. You know us as the local plumbing and drain experts, now you can call us for all your restoration needs. Sewer overflows, drain overflows, burst pipes, water heaters, and mold clean up. Roto Rooter works with ALL insurance companies for your customer s convenience. No charges will exceed the maximum allowed by the carrier. Please find out why more customers prefer Roto Rooter. Call now! IICRC Certified Crew

6 DAMAGE CONSULTANTS INC. Damage Consultants, Inc. provides professional forensic engineering assistance on a variety of claims arising from: Contact: Kenneth B. Simons, P.E damageconsultants@att.net PO Box 1336 Mercer Island, WA Moisture Infiltration Site Drainage Earthquake Wind Storms Fire Foundation Subsidence Earth Movement Vibration Construction Activity Collapse Explosions Construction Deficiencies

7 PSAA September 2014 Page 7 Claims Conversation with Roger Howson, Claims Dispute Resolution, PSAA Newsletter Editor & Education Chair, TCAA Past President No Adjuster Left Behind is PSAA President Tom Williams theme for FIRE FLOOD RESTORATION RESIDENTIAL COMMERCIAL INDUSTRIAL 24 HOUR IMMEDIATE RESPONSE F IRE & WATER DAMAGE EXPERTS This year s PSAA Board is bullish on education, training, and member recruitment, so we re doubling down on the number of speakers, topics, and featured vendors at each monthly meeting by featuring TWO separate presentations: one 25 minute first party property topic and speaker, followed by another 25 minute third party liability topic and speaker. The PSAA No Adjuster Left Behind program is an outreach to those neglected auto and liability adjusters who might have left a PSAA meeting thinking, There s 90 minutes of useless information and wasted time that I ll never get back. Please also note that each month the order of property and liability topics will be randomly mixed up to sabotage those of you wise guys who rarely show up on time and/or routinely duck out early. PSAA recognizes that insurance claims adjusters are a special breed, as claims handling can be an extraordinary test of our endurance, patience, tolerance, discipline, fortitude, and belief in humanity. We also acknowledge that not everyone is cut out to be a claims professional, and this is borne out in the high turnover rate within the insurance industry in general and specifically the claims profession. The effective adjustment of insurance claims requires a broad and diverse set of skills, abilities, and natural talent, along with a rigorous education and at least some training. THAT S why you belong to PSAA. Of course, committing to serve on the PSAA Board is an even more exponential test of one s endurance, patience, tolerance, discipline, fortitude, and belief in humanity (not to mention a suspension of sanity), so it is a pleasurable mystery to us why Past Presidents Lizzy Adkins and Deborah Jette are enthusiastically recommitting to another tour of duty on the PSAA Board. But their willingness to serve the PSAA membership comes with a major caveat: Lizzy and Deborah (don t EVER call her Debbie, Deb, or Dibs) are issuing to all current, former, and prospective PSAA members their own take on the ALS ice bucket challenge sign up online for the September 19 (See Claims Conversation continued on page 9)

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9 PSAA September 2014 Page 9 Claims Conversation (Continued from page 7) PSAA Meeting, show up by 11:30am, eat a delicious lunch, listen to interesting speakers, and interact with fellow claims professionals. However, if you do NOT attend the September 19 PSAA Meeting, then Lizzy and Deborah challenge you to compete in PSAA President Tom Williams inaugural PSAA Claims Boot Camp. Any questions about the grueling demands I mean, delights which await you at Tom s Boot Camp are addressed in the following photographs from our most recent PSAA Board Members Retreat : 1. PSAA Treasurer Lizzy Adkins and her fellow PSAA Board members training to adjust the Central and Eastern Washington wildfire claims. 2. PSAA Treasurer Lizzy Adkins negotiating with a PSAA vendor over sponsorship availability of a particularly popular hole at the PSAA North Golf Tournament. 3. The PSAA vendor reconciling her differences with PSAA Treasurer Lizzy Adkins by agreeing to a volume discount for sponsoring the entirety of the North and South Golf Tournaments, both Bowling (See Claims Conversation continued on page 11)

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11 PSAA September 2014 Page 11 MKA Madsen, Kneppers & Associates, Inc. Construction Consultants & Engineers Claims Conversation (Continued from page 9) Tournaments, the Holiday Party, and the Spring Symposium. Property Loss. Cost Estimating. Construction Defects Schedule Delay Analysis. Construction Contract Disputes Forensic Architecture & Engineering TEL: FAX: th Ave NE, Suite 100 Bellevue, WA PSAA Treasurer Lizzy Adkins explaining to this PSAA vendor that their agreement is also conditional upon that vendor buying advertising space in the PSAA monthly newsletter. 5. PSAA Treasurer Lizzy Adkins helping the PSAA vendors practice their adjuster recruitment techniques for the PSAA membership drive. 6. First day recruits of the PSAA membership drive wherein Lizzy promises every one of those new members that she will return their car keys AFTER they attend their first PSAA meeting. (See Claims Conversation continued on page 13)

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13 PSAA September 2014 Page 13 Claims Conversation (Continued from page 11) 7. Our first two speakers for the September 19 PSAA meeting the speaker on the right is presenting on arson investigation, and the other speaker will tell us about accident reconstruction. Anyway, you get the message. If you don t want to run the PSAA flaming obstacle course, then the PSAA meeting at Billy Baroo s is the place to be on Friday, September 19 at 11:30am. We re looking forward to seeing every one of you there along with your coworkers, friends, family, and anyone you pick up along the way. Oh yeah, and don t forget to register in advance. Surprise Default Judgment, Now What? By Kyle Riley From the desk of Kyle Riley: A company in bankruptcy was taken by complete surprise when it received notice of a default judgment of almost $2.2 million against it. Read on to learn why the default judgment was vacated. Claims Pointer: Default judgments can be vacated on a number of grounds, but CR 60(b)(1) provides an opportunity to vacate when (1) the moving party has evidence supporting a prima facie defense, (2) the failure to timely appear and answer was due to a mistake, inadvertence, surprise, or excusable neglect, (3) the defendant acted with due diligence after notice of the default judgment, and (4) the plaintiff will not suffer a substantial hardship if the default judgment is vacated. (See Case Study Continued on page 15)

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15 PSAA September 2014 Page 15 Case Study (Continued from page 13) Ha v. Signal Electric, Inc., --- P.3d ----, No I (Wash.App. Div. 1 Jul. 14, 2014) Judy Ha (Ha) sued Signal Electric and Juanita Mars (Mars), after Mars, who was driving while intoxicated, hit Ha as she walked across an intersection at night. At the time of the accident, Signal Electric was installing a new light at the intersection. The crosswalk was unmarked and void of traffic or pedestrian signals. Ha suffered serious injuries as a result of the accident. When suit was initiated, Signal Electric was in Chapter 11 bankruptcy, which precluded collection efforts. Ha filed a motion with the bankruptcy court and received permission to continue suit against Signal Electric, but her collection efforts were limited to Signal Electric s insurance policy. Ha then contacted Signal Electric s bankruptcy counsel, J. Todd Tracy (Tracy), to see if Tracy would accept service on behalf of Signal Electric, as Signal Electric s registered agent was in poor health. Tracy conferred with Signal Electric s appointed bankruptcy financial advisor, Louise Tieman. The two agreed that Tracy should accept service and, once service was complete, Tracy forwarded the summons and complaint to Tieman. Tieman, believing that Alaska National Insurance (ANI) was Signal Electric s insurance carrier at the time of the accident, forwarded the pleadings on to ANI. In fact, Berkley North Pacific (BNP) was the appropriate insurance company. ANI never contacted Tieman or Signal Electric about the lawsuit (Toll-free, 24 hours) We investigate failures and accidents to determine their cause and prevent their recurrence; and evaluate complex human health and environmental issues: Fire Origin/Cause Environmental Sciences Construction Consulting Industrial Hygiene/Health Sciences SE 30th Place, Suite 250 Bellevue, WA info@exponent.com Ha s attorney eventually contacted Tracy requesting an answer to Ha s complaint. When Tracy did not respond, Ha filed a motion for order of default against Signal Electric. The trial court granted Ha s motion for default and, a few months later, entered a default judgment against Signal Electric in Ha s favor for nearly $2.2 million. Ha forwarded the default judgment to Signal Electric and BNP s appointed defense counsel. At trial, Signal Electric argued that the default judgment was void under CR 60(b)(5), CR 60(b)(1), and CR 60(b)(11). The court granted Signal Electric s motion to vacate, but did not specify on what grounds. Ha appealed. The Division One Washington Court of Appeals noted that default judgments are generally disfavored in Washington and that it could affirm the trial court on any grounds supported by the record. The court first considered Signal Electric s argument that the default judgment was void under CR 60(b) (See Case Study continued on page 17)

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17 PSAA September 2014 Page 17 Local Edition We ll Come and Get You. Direct billing to ALL Insurance Companies Special Insurance Replacement Rates Convenient Neighborhood Locations with Affordable Leisure Rates Convenient Customer Pickup and Return Service available within 15 minutes of the HLE location NeverLost Navigation and Satellite Radio equipped cars available Unlimited mileage Guaranteed availability One way rentals Call or visit Case Study (Continued from page 15) (5) for lack of personal jurisdiction. Although Tracy was not Signal Electric s general counsel, Tracy had express authority from Signal Electric to take any action necessary to protect and preserve Signal Electric s bankruptcy estate. In light of the broad authority given to Tracy, the court concluded that Tracy had authority to accept service of process. As such, the default judgment was not void under CR 60(b)(5) for lack of personal jurisdiction. The court next turned to Signal Electric s argument that service was void under CR 60(b)(1). To succeed on a motion to vacate under CR 60(b)(1), the moving party must show: (1) that there is substantial evidence supporting a prima facie defense; (2) that the failure to timely appear and answer was due to mistake, inadvertence, surprise, or excusable neglect; (3) that the defendant acted with due diligence after notice of the default judgment; and (4) that the plaintiff will not suffer a substantial hardship if the default judgment is vacated. In addressing the first element, Signal Electric claimed that Mars was the sole cause of the accident. Signal Electric submitted evidence indicating that Mars was extremely drunk, in addition to Mars own admission that she was not focusing on driving and failed to slow as she approached the intersection. The court reasoned that this evidence was enough to support Signal Electric s prima facie defense. Regarding the second element, Signal Electric claimed that their failure to appear and answer was a mistake. Neither Tracy nor Tieman were general counsel or office employees. As such, the mistake was the result of a misunderstanding; Tieman had mistakenly forwarded the pleadings to the wrong insurance company. The facts satisfied the second element to vacate a default judgment under CR 60(b)(1). Turning to the due diligence requirement, the court noted that what constitutes a reasonable time for filing a motion to vacate depends on the unique facts and circumstances of a case. Here, Signal Electric began collecting depositions immediately after they entered a special notice of appearance and shortly after receiving notice of the default judgment. According to the court, Signal Electric has acted diligently and within a reasonable timeframe. Finally, the court determined that the delay in trying the case on its merits would not substantially preju- (See Case Study Continued on page 19)

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19 PSAA September 2014 Page 19 Case Study (Continued from page 17) dice Ha and that the possibility of bearing some expenses would not be viewed as a substantial hardship. Having met the requirements to vacate a default judgment under CR 60(b)(1), the Division One Washington Court of Appeals affirmed the trial court s decision to vacate the default judgment against Signal Electric. View the full case opinion at: opinions/pdf/ pdf If you would like to be notified of new cases, please send an to: caseupdate@smithfreed.com. This article is to inform our clients and others about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information without seeking professional counsel. Please advise us when your address changes! Thank you!

20 PSAA September 2014 Page 20 Trial Update JULITTA BRANNON V. C-TRAN TRIAL DATE: JULY 8-11, 2014 MULTNOMAH CIRCUIT COURT; PORTLAND, OREGON By Beth A. McIntyre, Law, Lyman, Daniel, Kamerrer & Bogdanovich, P.S. I am happy to report on a recent jury trial in Portland, Oregon involving C-Tran. (C-Tran is based in Vancouver, but operates transit buses in Portland, hence the Oregon venue). The case involved a rear-end collision on I-5 northbound during the evening commute hours of July 7, Our bus driver, Frank Sanders, was the at-fault driver when he rear-ended a vehicle that had slowed to a sudden stop in the HOV lane. The plaintiff was a 32-year-old mother of four who worked as a paralegal at a plaintiff s personal injury law firm in Portland; and she was seated in one of the center-facing driver s side bench seats next to a metal grab pole. It was a relatively low-speed collision, causing minimal damage to the involved vehicles; but plaintiff alleged significant injuries caused largely by being thrust into the metal grab pole on her left. Specifically, plaintiff s counsel (Portland attorney Mike Gutzler) claimed that the accident caused plaintiff (an otherwise healthy 32-year-old mother of 4) to suffer a torn disc in her lumbar spine at the L5-S1 level; torn cartilage in her left knee; and injuries to her neck, mid-back, and left hip. We transform lives! Water Extraction Tree Removal Sewage Cleanup Smoke/Fire Damage Wind Damage Building Defects Mold Removal Fabric Cleaning Contents Storage Scopes & Bids Insurance Trusted IICRC Certified 24/7 Call Now: for Snohomish / King County pdrestoration@msn.com (PAULDRE962LD) I represented C-Tran; and on its behalf I admitted liability for the accident but disputed the nature and extent of the plaintiff s claimed injuries. So that you do not have to read to the end to learn the outcome: the plaintiff demanded $1.38 million at trial; and was awarded only $170,000. For those interested in how the case developed and some of the factors that I believe led the jury to essentially disregard the bulk of plaintiff s claims, I will offer some details about the evidence that developed at trial and our approaches in rebutting plaintiff s claims. We knew that the plaintiff underwent a staggering array of medical treatments and incurred over $200,000 in medical bills as a result. Her treatments included a spinal fusion at L5-S1; knee surgery; physical therapy; chiropractic treatment; acupuncture; massage; and some less-common treatment modalities which included radiofrequency ablation of nerves in her lower back; prolotherapy (which involves the injection of a sugary substance into joints to facilitate regeneration); and injections of platelet-rich Seattle Environmental Construction Free Estimates Providing abatement, demolition, and restoration services in the greater Puget Sound area. LIC #SEATTEC86DE