Fenton, et al., v. Farmers Insurance Exchange, No. 07-4864, DC MN, 2009, MN Staff Claims Adjuster Overtime Decision

February 2, 2010

Here’s some information on an over time case involving a Farmer’s case, Fenton, et al., v. Farmers Insurance Exchange, No. 07-4864, DC MN, 2009 .

It sounds like an SIU (Special Investigation Unit arson fraud adjuster) Investigator won a decision in MN on adjuster overtime pay. According to this article, it was based on the fact their supervisor made the final decision if a case was fraud or not. It seems the states are across the board based on alot of other decisions I’ve posted on this blog. This is surprising since a claim supervisor making the decision on a claim file would be applicable on all claim files that exceed an adjuster’s authority, files to be denied,  and normally any coverage issue files as well.

For information on Fenton, et al., v. Farmers Insurance Exchange, No. 07-4864, DC MN, 2009, here is a link I found on today’s email update from a great site for HR that I subscribe to at http://www.thehrspecialist.com  

Here’s the link:

http://www.thehrspecialist.com/article.aspx?articleid=30351&cigx=d.n,stid.7491,sid.374530

This link will take you to all other blogs I’ve posted that included other claims adjuster overtime cases. This does apply to staff adjusters not independent adjusters. I’m curious if the independent adjuster classifications will be questioned as well with the 2010 concentration on employee versus independent classification we’ve been reading about.

https://dimechimes.wordpress.com/?s=overtime

Doing some additional web search for a link to the court documents on the Fenton vs Farmers case, I came across this link to an entirely different court finding in Farmers favor in 07. It sure is interesting comparing this to the Fenton case:

http://www.hreonline.com/HRE/story.jsp?storyId=9595529


Texas full of claims news! TWIA Adjuster 2010 classes, TX Appraisal update, TWIA Class Action lawsuit from January 2010

February 2, 2010

I’ll start with a link to the released Texas windpool Adjuster 2010 class schedule for any adjusters seeking attendance. Our notice came through Crawford and Company who did ask in their email that you notify them when you have completed the class so I’d send them your resume if you haven’t already and plan to take the TWIA class:

http://www.twia.org/Portals/0/Documents/WS_Reg_Form.doc

We have posted links to this site before which updates weekly on new Hurricane Ike lawsuits and in January they made  a post about a new class action lawsuit on behalf of 210 Texas residents against Texas Windpool (TWIA). Here’s a link to that posting:

http://www.setexasrecord.com/news/224259-200-bolivar-peninsula-residents-file-class-action-against-twia

While your concentrating on TX claim handling issues and classes, here is another great post by Attorney Chip Merlin’s firm on TX appraisal issues you may also wish to view:

http://www.propertyinsurancecoveragelaw.com/2010/02/articles/insurance/recent-court-decision-in-texas-regarding-appraisal/

Update 2/4/10- Special thanks to Chip Merlin for linking to this blog post and recognizing our blog- it is very much appreciated!

http://www.propertyinsurancecoveragelaw.com/2010/02/articles/insurance/sinkhole-coverage-analysis-every-wednesday-and-dimechimes-is-a-good-blog-for-adjusters-to-follow/