Special thanks to ClaimSmentor Property and Casualty Group member, Lee Norwood, for sharing these BP Claim Statistics which were updated February 29, 2012 by the Gulf Coast Claims Facility. We get so many hits on our blog from people doing internet searches for updated statistics so I thought I’d share yesterday’s report for those interested:
Altier vs Worley Catastrophe Class Action on Overtime issues by BP Adjusters settles under Confidential TermsFebruary 3, 2012
Thanks to www.law360.com for posting an update on the Altier vs Worley Catastrophe Claims which confirms rumors that the two Altier cases (Lousiana and Federal Court) have settled which are the class action cases that adjusters working for Worley that worked BP claims filed regarding overtime issues / pay versus contract disputes.
The terms are confidential so don’t be bothering your claims associates for the details. Here is the link found when using their share button to Linkedin post for the full article:
For further followup or questions- you can contact Worley for comment at www.worleyco.com or contact the law firm who handled the settlement and class action as all contact information can be found in the left hand corner of their website on this class action at www.worleyovertime.com where you will also see a link to the court documents in the left column which show the plaintiff adjusters who opted in as of June 2011. I don’t see the settlement information up on that site most likely due to the confidential terms of settlement.
Update 3 on Worley Catastrophe Adjusting firm Class Action Lawsuit- Altier vs Worley- Class Action Denied by Judge- see court documentsAugust 24, 2011
We are getting much interest in posts on the Worley class action lawsuit via internet searches leading folks to our blog thus I did a follow up today to see what new court documents could be located.
It is with much interest that I post this updated court document filed July 26, 2011 showing the federal case moved to Deny the Class Action Certification of the plaintiff adjusters. I find it very disturbing that the basis of the denial is that all of those adjusters working did not have signed employment contracts.
I lecture continually in our Fundamentals of Claims course for new adjusters about not going out without a signed contract due to the fact the contract is needed if there are non payment issues or disputes on fee received.
Here again is an entirely different reason for being sure you work under a signed employment contract with the adjusting firm:
If you missed our original blog on the Altier vs Worley case and Update 2, here is a link to the prior blogs:
I do have a call in now to the plaintiff’s attorney for an update on the case as to what happens next. Apparently it is ongoing as I was just told all of the attorney’s on the case are out in depositions this week pertaining to the case but they would have someone call me back later today for an update.
Doing some research today, I was able to locate a May 9, 2011 court decision granting BP’s motion to be dismissed from this class action lawsuit filed by independent adjusters working BP claims through Worley adjusting firm. Here is the link.
It is interesting to see several more independent adjuster names on the court document now as plaintiff’s…several of which I recognize from online interactions from several sites.
In another online document from a February 25, 2011 Status Conference held involving all BP cases, they do list both Alteir vs Worley and Alteir vs Worley and BP as item number 17 on the Agenda. Here’s the link to that pdf document found online.
The website listing the status of the 368 litigation cases against Deep Water Horizen does show these two cases still open here (search alpha order for Alteir vs Worley.
While doing some online research I also came across another case in AL that includes BP and Worley as well as ESIS who BP originally assigned cases to filed with the State of AL as one of two plaintiffshere which also lists it as a RICO case as shown in this document. I will make some contacts to see if I can get more documents if they available to the public. There is a short explanation about the type of case it is in the top right corner of the pdf document. The 2nd plaintiff listed on this AL case is CMCO, LLC and here is the trademark info I found on them but no clue if this is actually the plaintiff listed on this case.
Amazingly (not) is a website which is basically an advertisement from the firm filing the class action speaking to adjusters who may have worked for Worley found here. The website for the law firm is listed on the bottom of that link along with contact information.
As far as what independent adjusters are saying, here is a link to a CADO forum topic where a few were discussing this case when it first hit the news.
For links to our prior posts with the original Complaint documents which explains the details of the case if you missed it, here is the link.
As we locate more documents and information we will update the information here on the blog.
Filed Court Documents on Class Action filed against Worley and BP by Adjusters on Overtime Issues/Daily Rate- Part IIFebruary 11, 2011
We previously posted about the information learned about a Class Action lawsuit filed on behalf of BP adjusters working oil spill claims.
Here is a link to the original post if you missed it:
This post now contains the two Complaints filed by the adjuster seeking to represent the Class of adjusters who worked the claims:
Altier v Worley BP et al gov.uscourts.laed.145020.1.0 This is the Complaint filed seeking Class Action on Overtime Pay Issues although they were independent adjusters working on a daily rate
Alteir v Worley only This is the Complaint filed seeking Class Action on alleged failure to pay BP Adjusters 65% of the daily rate they received per Adjuster
Thank you to the source who provided the copies of the court documents. We will continue to follow this case and post updates as we learn them as we feel this is a significant case that all carriers and adjusting firms as well as adjusters will follow due to the daily rate/ employee vs independent contractor/ and overtime issues involved.
” Adjusters ” handling BP Claims file a Class Action lawsuit on two issues- Overtime pay and failure to receive 65% of daily fee per contractFebruary 9, 2011
Roy Cupps over at CADO posted this link in the forums there regarding a Class Action lawsuit filed by MS Attorney JP Hughes (I could not locate a website for him but I’m working on it through network connections )on behalf of the adjusters handling the BP claims regarding two issues:
1) Overtime pay- working more than 40 hours per week and not receiving over time pay (they were on daily rate)
2) Alleged failure of adjusting firm to pay adjusters their 65% of the daily rate they were paid by the BP Fund
For complete details, here is the link:
This is definitely a case to watch as it is standard for independent adjusters to receive a daily rate of pay for each day worked on a catastrophe or daily assignment where they agree to work for a stipulated daily rate for a given split of the daily rate. The rate these adjusters were paid is on the high end of the daily rate independents normally receive. I have no idea why this alleged adjuster would feel entitled to time and a half for hours worked over 40 hours unless the contract indicated the daily rate was for a given 40 hours which is unheard of in the claims industry for independents working on assignment.
I am very curious if this person was actually one of the actually non claim folks working on BP claims. I have actually been told by several were working in field offices that BP Csar Ken Feinburg changed adjuster job titles to “evaluators” when he took over. If that is true, do you think that the prior findings of the Fair Labor Standards commission would differ on findings on this class action?
If you missed our prior several blogs on overtime issues and adjusters, here are links to prior blogs on the topics and prior decisions on some of these cases:
Regarding the second issue of alleged failure of Worley Adjusting firm to pay the agreed 65% split of the daily rate, I find that very hard to believe as they have such an excellent reputation for paying adjusters fairly in the claim industry which is remarkable considering the number of adjusters who have gone unpaid by unprofessional firms since Katrina. I assume we’ll be able to view the contract when documents are filed during discovery on the case to show first of all the daily fee Worley was receiving per “adjuster” as well as the independent contract terms they were using on this assignment. I’ll keep an eye out for those to make the records in the coming months.
There were many experienced adjusters who would gladly have deployed for the given rate of pay. In addition, adjusters working out of town at BP assignments were given daily per diem while working which is unheard of for independent adjusters working for insurance carriers so those who were lucky enough to be deployed were most thankful for the assignment.
I think this case will be closely watched by all insurance carriers who use independent adjusters on daily rates. I know I will be closely following it. You can as well by subscribing to this blog to watch for updates as we post them.
If you also want to follow this discussion going on over at CADO where Roy Cupps posted this information, here is the link to that topic forum discussion there: