Looking Forward to the Rest of 2014!

Transcription

1 September, 2014 A Monthly Publication of the Atlanta Claims Association Looking Forward to the Rest of 2014! Please visit our website at: for further information and to register online.

2 From the President Dear Fellow ACA Members, It s summer time! Time to vacation, go to the beach, play golf, attend family and class reunions, baseball games etc. While you and your co-workers are enjoying these summer time activities, your offices, directors and chairpersons are working to plan programs for our members. Please consider joining a committee, be part of the team and making a difference. If you have not registered or visited the website recently, please visit I would like to thank all of our sponsors and committee members for a wonderful time at our June 5th Meet, Greet and Tweet with the new board members gathering. Special thanks goes out to Debbie Darrell. Debbie worked tirelessly securing the venue and sponsors. Great job Debbie! The event was well attended and informative. I had the pleasure of introducing all of the board members. More importantly, I was able to meet and greet a large number of claims professionals. My message to all claims professionals was simple, take your craft seriously and remember you can truly make a difference. Stay tuned, we will have similar type events throughout the year. September Luncheon has been canceled due to the Labor Day Holiday We will announce the venue for the October luncheon by and on our website. Please contact Nancy Reynolds for any questions or nancy08092@gmail.com I am glad to know our industry has some of brightest and best claims professionals. Atlanta Claims Association members are educated, hardworking and committed to making their clients whole again. Regardless of the line or specialty, we all have impact or affected the lives of someone that has sustained a loss. Please remember there will be no regular luncheon meeting in July or August. More to come on the Fall luncheon. Have a safe and wonderful summer! Regards, Kowalski M Brown ACA President Officers President Kowalski Brown First V.P. Linda Mihyar Second V.P. Pamela Glick Secretary Ann Wright Treasurer Tammie Kater Ass t. Sec. Jaclyn Chapman Ass t. Treas. Nancy Reynolds Financial Adv. Lester V. Hankes Website Contact hostmaster@atlantaclaims.com A Claimscene Editorial Staff CH & Editor Pamela Glick Advertising Evelyn Brown Atlanta Claims Association Mission Statement: To strengthen the professional life of those involved in the claims industry by providing members with education and network opportunities while promoting a positive public image of the claims industry. ACA membership, meetings, information, address changes, etc. mail to: P.O. Box Atlanta, GA Articles, letters, photos, etc. mail to: Kowalski Brown Phone Kowalski.Brown@sedgwickcms.com All rights reserved. No part of this material herein may be reproduced without permission of the ACA. Opinions expressed in A Claimscene by staff and contributors do not necessarily reflect those of the Atlanta Claims Association, Inc. Contributors are expected to warrant implicitly the originality of material submitted and to avoid any infringement in the rights of others. Vol. LXX, No. 7, September

3 Meet Greet and Tweet On June 5th the Atlanta Claims Association (ACA) new board of directors hosted a Meet Greet and Tweet cocktail party for more than 70 ACA members and guests at Pappasito s in Marietta. How would you like to adjust this claim? The festive evening celebrated the installation of the new President, Kowalski Brown, and the 2014 board members (President: Kowalski Brown, First V.P.: Linda Mihyar, Second V.P.: Pamela Glick, Secretary: Ann Wright, Treasurer: Tammie Kater, Ass t. Sec.: Jaclyn Chapman, Ass t. Treas.: Nancy Reynolds, Financial Adv.: Lester V. Hankes) and brought together insurance and claims professionals from liability and workers compensation. The featured speaker for the event, Nick Ferrante, gave guests information on how to interact with ACA members via social media sites such as Twitter and Facebook. The event was sponsored by Teague Campbell Law Firm, Achieve Home Nursing Services, The Physician s, and ISG. We Asked You Answered We Listened Results of the recent ACA Survey 2014 were reviewed and the results show that the majority of adjuster members are interested in luncheon meetings in the Perimeter area that provide CE. While a smaller number just behind the luncheon crowd expressed interest in evening social and networking opportunities. Several great suggestions were offered. This information is currently in review of the ACA Board. We are in process of exploring and planning some really fun and informative events in the near future. One of the most popular requests was that the Atlanta Claims Association plan and announces events well in advance to properly allow members to calendar into your busy schedules. Please make a note of the several announcements for Save the Date in this issue of the Claimscene. We will also be making several improvements to our new website to ensure that it contain user friendly, up to date information, for the industry and the association. If you have ideas for events or requested topics of interest please feel free to submit to ACASurvey14@gmail.com. We appreciate everyone who weighed in the information is valuable in improving our Association in order to meet the needs of our Members. Save The Date Tursday, October 2nd, 2014 October Luncheon Thursday, November 6th, 2014 Ethics Seminar at Villa Christina Thusday, December 4th, 2014 Holiday Luncheon at Villa Christina Thursday, February 5th, 2015 Atlanta Claims Association s Annual Workers Compensation Educational Seminar Location: Villa Christina Mark your calendars for the ACA s biggest Workers Comp event of the new year. The annual education seminar will offer 5 CEUs for adjusters and attorneys and will feature medical and legal experts and insurance industry professionals. Call for SPONSORS and SPEAKERS nominees for the 2015 STELLAR ACHIEVEMENT AWARD Please contact Debby Darrell at ddarrell@achieveservices. net or to reserve your spot as sponsor, suggest speakers or nominate a claims person for the 2015 Stellar Achievement Award. Respectfully submitted, ACA Visionary Committee 3

4 What is Wrong with this Picture Respectfully submitted by Linda L. Mihyar, AIC, AIS, AINS As claims adjusters, we are taught to include and consider all the insurable interests in handling and payment of claims. In regards to indemnification based on insurable interest: FACTUAL EXPECTANCY, reportedly defined as A situation in which a party experiences an economic advantage if an insured event does not occur or conversely, economic harm if the event does occur. ( Foundations of Risk Management and Insurance 1st Edition, published by The Institutes) A majority of states have accepted factual expectancy as a valid basis of insurable interest. An entity does not have to establish legal liability or a right in the property or contract in order to prove insurable interest for indemnification purposes. The insured entity only needs to show potential financial harm resulting from a covered event under the policy terms. The focus is on the financial position of the insured versus on a legal interest. As example is offered as follows: Supposing a person A, received an expensive engagement ring from person B, but unbeknownst to person A, the ring had been stolen from a family member and not purchased for the proposal by person B. Then, supposing the ring was one of the items taken when A was subsequently burglarized. During the investigation of the claim, the fact that the ring had been stolen from a family member of B was determined. Legally a person can not own property that rightfully belongs to another. While A was not the legal owner of the ring, the courts would probably find that A was entitled to recover for the ring under a HO policy based on A s factual expectancy of loss. Review of this information does cause a moment of pause to an adjuster as there is potential for mis-information, mis-representation, and/or a moral hazard in determining insurable interests for indemnification. Please feel free to weigh in on this subject at our next luncheon or to submit an article of interest for our next Claimscene edition. While any situation involving Factual Expectancy would involve the state specific case law pertaining to the state involved in the particular claim and may or may not be relevant in the State of Georgia. Any opinion offered by the Atlanta Claims Association is subject to the statutes and controlling cases in the jurisdiction with oversight of the loss. Shoot For A Cure PMA Group is sponsoring 2 charity events for The Leukemia & Lymphoma Society. The following links will provide you with further information regarding these events: ?aff=es2&rank=88 You may register to walk with the PMA Group team for the Atlanta Walk at Centennial Olympic Park on October 11, 2014 by Signing Up On the Website Below: action=join_team;teamid=353463;eventdate=10%2f11%2f2 014;eventName=Atlanta;eventID=15730;eventLocation=Cent ennial%20olympic%20park;teamname=pma%20group is pleased to announce that they have been joined by James V. Painter, F. Michael Taylor and Amanda D. Lynde of Augusta, Georgia. The firm will now be known as We are also pleased to announce the opening of an office in Augusta, Georgia. Claims Sce Double Vertical S Triple Vertical: Representing clients in the areas of professional and product liability defense, medical malpractice defense, insurance defense, insurance coverage and first party cases, workers compensation, and civil litigation. 411 E. Liberty St. Savannah Broad St., Suite 501 Augusta brennanwasden.com 4

5 Phillip W. Jarrell James C. Greene Dukes, Dukes, Keating & Faneca, P.A. C O M PA N Y CLAIMS, SUBROGATION, APPRAISAL, UMPIRE & EXPERT WITNESS SERVICES Multi-line adjusting service throughout the Carolinas. Home Office: P.O. Box Raleigh, NC Visit our website at or fax us at (919) assign@jcgreeneco.com Providing Forensic Engineering and Expert Witness Services Since Areas of Expertise: Accident Reconstruction Biomechanics Construction Fire Investigation Geotechnical Materials Roofing Automotive Civil Electrical Fire Protection Industrial Hygiene Mechanical Structural Forensic Scientists & Engineers Services: Failure Analysis/Cause & Origin Laboratory Testing Accident Investigations Expert Testimony Specializing in: Power & Energy Fire & Explosion Electrical & Mechanical Civil/Structural 1000 Hurricane Shoals Rd, Suite D-500, Lawrenceville, GA Phone: Fax: Zirkle & Hoffman Mediation Services Attorney at Law th Street, Sixth Floor Post Office Drawer W Gulfport, Mississippi Tel: (228) Fax: (228) jarrell@ddkf.com ACA Member No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. Peters & Associates, S.C. Investigative Accountants Lester V. Hankes, Jr. CPA/CFF, CFE Fax: Windy Hill Road Suite 300 PMB#2070 Marietta, Georgia lhankes@paacpas.com Atlanta, Chicago, Denver, Milwaukee & Minneapolis CJ HESTER INC Claim & Risk Management Services 400 Galleria Parkway Suite 1750 Atlanta, GA Commercial & Residential Property General Liability Investigations Auto & Truck Liability Investigations Workers Compensation Investigations SIU / Fraud Investigations Serving The Insurance Industry For Over 30 Years Equipment Damage Consultants Damage Assessment & Costing Services Proudly defending employers, insurers & TPAs since Zal Linder, Attorney At Law *Admitted in Georgia & Florida 5755 North Point Parkway, Suite12 Alpharetta, GA * Florida offices in Winter Park Tallahassee Fort Pierce Pompano Beach Fort Myers Miami-Dade Electronics Mechanical Electrical Desk and Field Assignments We specialize in lightning versus power surge analysis! hesterinc.net claims@hesterinc.net Cathy J. Hester Owner/CEO Cell Serving ALABAMA, MISSISSIPPI, FLORIDA PANHANDLE, SW GEORGIA, ATLANTA AREA, and SOUTHERN LOUISIANA