Altier vs Worley Catastrophe Class Action on Overtime issues by BP Adjusters settles under Confidential Terms

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:

http://www.law360.com/southeast/articles/296901

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 documents

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:

http://docs.justia.com/cases/federal/district-courts/louisiana/laedce/2:2011cv00241/145020/187/

If you missed our original blog on the Altier vs Worley case and Update 2, here is a link to the prior blogs:

http://wp.me/p5Xno-zc

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.

Update on Worley overtime class action case Altier vs Worley and BP- BP granted dismissal May 2011

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 II

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:

https://dimechimes.wordpress.com/2011/02/09/adjusters-handling-bp-claims-file-a-class-action-lawsuit-on-two-issues-overtime-pay-and-failure-to-receive-65-of-daily-fee-per-contract/

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 contract

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:

http://www.courthousenews.com/2011/02/09/34026.htm

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:

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

https://dimechimes.wordpress.com/2010/02/27/supplemental-info-on-geico-auto-adjuster-overtime-issues/

https://dimechimes.wordpress.com/2010/02/02/fenton-et-al-v-farmers-insurance-exchange-no-07-4864-dc-mn-2009-mn-staff-claims-adjuster-overtime-decision/

https://dimechimes.wordpress.com/2010/01/06/geico-wins-case-on-overtime-issues-for-auto-adjusters-view-washington-post-article/

https://dimechimes.wordpress.com/2009/02/27/adjuster-overtime-issues-supplemental-info-from-none-other-than-attorney-gloria-allreds-current-news-letter/

https://dimechimes.wordpress.com/2007/09/24/insurance-adjuster-overtime-pay-issues-and-complaints-in-the-news/

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:

http://www.catadjuster.org/Forums/tabid/60/aft/11695/Default.aspx#22348

Must see video of BP’s Ken Feinburg at AL Townhall meeting yesterday- Hope to meet many of you this morning at the Fort Walton Beach Townhall Meeting

Here is some must see video footage of the Orange Beach, Alabama townhall meeting held yesterday with BP’s Ken Feinburg:

http://wkrg.com/1204118/

We will be attending today’s townhall meeting along with other independent adjusters in the Florida panhandle this morning being held here today in Fort Walton Beach, FL along with the founder of the Pensacola, FL Gulf Coast Claims Association and several other independent adjusters in the area. I’ll blog on that either later today or tomorrow.

In the meantime, I am putting together an article on the fruitless efforts made by hundreds if not thousands of adjusters like myself who applied to work these BP claims jobs from TX to FL  and were not utilized to work these claims. I have heard from hundreds who have applied and were not used being told that they were saving the experienced adjusters for hurricane season which never did cause damage in 2010. Information I’ve learned from many adjusters who were in the operation says that Ken Feinburg had changed the job title to “evaluator” from “adjuster” when he took over. Why? Is that so non adjusters could work the claims?

We’d like to piece together our side of the BP claims story by hearing from the many of you who applied and did or did not work claims. You can reply to this blog and I’ll approve the comments or if you wish to remain anonymous you can email me at dkmoroy@dimechimes.com and I will not use your name in any article or upcoming blog on the subject.

Thanks!

BP Claims Townhall Meetings This Week in LA, AL, FL panhandle M-W

Here is Ken Feinburg’s BP Claims Townhall meetings schedule for meetings scheduled today-Wednesay in LA, AL, and MS. Several of us from the Gulf Coast Claims Assn will be attending the Fort Walton Beach townhall meeting Wednesday:

http://www.pnj.com/article/20110113/NEWS01/110113017/1056/news10/Feinberg-returning-to-Florida

We hope to meet many other Florida claims adjusters and claims managers there! Email me at dkmoroy@dimechimes.com if you want to meet up with us over there so we can network while there!

#in #claims #adjusters #insurance #BP Oil Spill #GCCF #Ken Feinburg

Realtor Associations in Multiple Gulf States Advise Gulf Coast Claims Facility will pay their claims-NCA Adjusting firm to act as Third Party Administrator of their fund

Nothing but surprise after surprise with the terms of the Gulf Coast Claims Facility!

Ken Feinburg has been quoted all over the gulf coast in townhall meetings as stating that there were questions as to whether indirect losses from many different segments and industries were going to be covered under the Gulf Coast Claims Facility.

Blog AL quotes NCA owner Jim Pearlman as saying this fund allowed for realtors is only going to apply to lost sales and lost commissions to realtors and he also announces the website where real estate agents should report claims to as www.gulfreclaims.com.

Now the Sun Herald posts news  that Realtors Associations in the 5  gulf coast states will be paid by the BP facility for lost sales and lost commissions and that they have selected National Catastrophe Adjusters (NCA) to handle the  “up to $60 million dollar fund” (quote from Ken Feinburg Sunday)  for them as awarded by Ken Feinburg as a third party administrator for the associations.

I have called the NCA Group who I am familiar with and have been advised by those in the know in the HR Department that they confirm they will be administering the fund for these realtor associations but claims are slow to come in as they all have to be reported to the Gulf Coast Claims Facility and the announcement on the payment to the Realtor Associations is new information this week. The folks in HR advise they do believe they will be fully staffed with their own members so they are not soliciting additional resumes for these losses at this time. Their website is www.ncagrp.com  if you want to continue to follow up at a later date for claim job opportunities.

The BP claims press release dated August 23, 2010 doesn’t specify exactly how many realtor claims they had received but does show how much has been paid out to the Real Estate profession as 4 million in lost real estate sales ( is this the individual homeowners who lost sales or is this realtor lost sales we don’t know ) and 48  million in rental dwelling lost rental claims so it is hard to say with any validity how much these losses will truly come to. It is my assumption that lost rental income is not part of the amount being paid by the funds set aside for the Real Estate Associations based on the quote from Pearlman of NCA and based on the info on the new website for Real Estate Agents.

Updated Thursday 8/27/2010: Here is NCA’s press release through Business Wire with a few more details:

http://www.businesswire.com/news/home/20100824006058/en/National-Catastrophe-Adjusters-Partners-State-REALTORS%C2%AE-Associations

BP 8/17/10 Press Release explains transition this week to Gulf Coast Claims Facility for individuals and businesses/ See info as well on Worley adjusting firm involvement in government entity BP claims

The BP press release for August 17, 2010 explains how claims will transition from their BP Claims operation to Ken Feinburg’s Gulf Coast Claims Facility program.

Here is the link to their press release with all of the details:

http://www.bp.com/genericarticle.do?categoryId=2012968&contentId=7064522

The BP Claims Statistics page is updated through 8/17/10 and shows  151,000 claims reported and only 44,000 of them have received one payment thus far. They also show the current claim staff at 1,650 which is an increase of about 400 since I last blogged about this a few days. That is quite interesting as I personally made a call to Worley’s deployment department to see what status was on deployments and they said that deployments had slowed down and they were fully staffed right now. Considering that Ken Feinburg when in Pensacola last week said all claim will have to be reported again to the Gulf Coast Claims Facility so that is going to be quite a feat to take 151,000 claim assignments and requiring the claimants resubmit all paper work to the Gulf Coast Claims Facility.

Here is also a link to a good Bloomberg article published 8/16/10 quoting Feinburg on the economic losses that are not directly on the coast:

http://www.bloomberg.com/news/2010-08-16/bp-spill-claims-from-50-states-confront-administrator-feinberg.html

It is interesting to read his comment that hotels more than 50 miles from the coast are unlikely to recover economic losses. Just as one example, immediately it came to mind to me that if you exit off of interstate 10 to Panama City you automatically see signs that it is 51 miles to the beach………………need I say more?

I do believe we have a long road ahead of us before we hear the last of these claims.

I’ll update the blog immediately when Feinburg releases the information this week as this BP press release says he will.

I’ll leave you now with a link to a video of Feinburg in Pensacola, FL at a townhall meeting explaining the GCCF transition by WEAR TV 3 in Pensacola, FL:

http://www.weartv.com/newsroom/top_stories/videos/wear_vid_10234.shtml?utm_source=twitterfeed&utm_medium=twitter

Ken Feinburg answers many BP Oil Spill questions in Pensacola, FL this week on the new Gulf Coast Claims Facility effective 8/23/2010/ BP Claim Stats through 8/11/10

The Pensacola News Journal is running a series of BP Oil Spill articles this week based on meetings held with locals this week on the new Gulf Coast Claims Facility- the name assigned to the 20B BP fund to pay damage claims.

First we have this article published 8/11/2010 about Feinburg’s meeting with 300 people and the University of West FL stating the fund will take over effective August 23, 2010:

http://www.pnj.com/article/20100811/NEWS01/8110338/1056/NEWS10/Feinberg-here-to-clean-up-the-mess

The interesting things picked up in this article is 1) confirmation that Feinburg still intends to issue settlement funds rather than advance funds that have been issued under the BP claims process for up to 6 months loss in exchange for a release 2) people/businesses who have already filed claims will need to update their claim information through the facility 3) they will accept emergency claims for loss up to Thanksgiving then remain open 3 years handling final/full settlements.

I was very surprised to read in this next article that even if you filed a claim through BP, you’ll have to file a new claim with the new facility:

http://www.pnj.com/article/20100811/NEWS01/8110336/1056/NEWS10/Feinberg-answers–oil-spill-claims-questions

This begs the question if the advances and payments previously issued through the BP/ESIS process will in fact be deducted from the facility payments by Feinburg’s group.

For many other articles on the oil spill through the Pensacola News Journal, you can view them here:

http://www.pnj.com/section/NEWS10

Other news sources updating comments from Feinburg and others on what will and will not be paid include:

BP may cut off tourism/restaurant businesses with indirect losses by Naples news:

http://www.naplesnews.com/news/2010/aug/12/bp-stops-paying-tourism-claims-lower-gulf-coast-an/?gulfdrilling=1

From blog Alabama we have news updates on the National Association of Realtors meeting with Feinburg in Washington to discuss loss of realtor commissions indicating Feinburg is going to consider his position on these losses:

http://blog.al.com/live/2010/08/oil_spill_realtors_want_bp_rei.html

Also, Feinburg is quoted as stating the new claim rules won’t be posted until 8/23/2010 to allow adjusters to be trained and to test the report filing systems:

http://blog.al.com/live/2010/08/claims_czar_individual_claims.html

This article also indicates 39,000 BP claims are dangling awaiting Feinburg’s program to determine whether or not payments will be made on the restaurant and tourism claims for those not located near the oil spill. Note the interesting comments from MS AG Jim Hood:

http://www.timesunion.com/news/article/As-39-000-spill-claims-dangle-BP-defers-to-feds-609097.php

BP’s site updates stats through 8/7/2010 with 145,000 claims received, 103,900 claim payments made, and 319 Million thus far paid out.

If the article linked to above from the Pensacola News Journal is right- 145,000 claims is alot of new claim reports to be made through the facility if it is true each claimant will have to file a new claim through Feinburg’s Gulf Coast Claims Facility.

The BP Stats excel sheet on their site shows 1,247 adjusters in the 36 claims offices

Here is a copy of their spreadsheet updated through 8/11/2010:

BP_MC252_Dashboard_Aug_11_2010

You can find this updated daily on BP’s site on the Claims Statistics tab at www.bp.com/claims . Here is also a direct link to the claims statistics worksheets or you can click on the download link right below the summary of key statistics on the statistics page here:

http://www.bp.com//sectiongenericarticle.do?categoryId=9034294&contentId=7063267

Claims Magazine confirms role of Crawford and Company and continuing role of Worley adjusting company in BP Claims with Feinburg

Claims Magazine published a breaking news story about the newly appointed role of Crawford and Company in the BP oil spill claims with Feinburg in this breaking news story:

http://www.claimsmag.com/News/2010/8/Pages/BREAKING-Crawford-Confirms-New-Role-in-Oil-Spill-Claims.aspx

This story also confirms Worley Catastrophe Adjusting firm will remain working in the claims offices on these claims.

BP deposits first 3B of 20B Fund for BP Oil Spill Claims and explanation of timing of additional forthcoming fund deposits

Just a short entry today to link you to the news that BP has now deposited the first 3B of the 20B BP Oil Fund. This article also names the trustees involved in the trust:

http://www.insurancejournal.com/news/national/2010/08/09/112299.htm

Here is a 2nd article from Business Insurance news which explains that an additional 2B will be deposited in 4th quarter then 1.5B each quarter until they reach the 20B:

http://www.businessinsurance.com/apps/pbcs.dll/article?AID=/20100809/NEWS01/100809930/1246

http://www.businessinsurance.com/apps/pbcs.dll/article?AID=/20100809/NEWS01/100809930/1246

Will the real Ken Feinburg- BP Pay Czar on 20B BP Fund please advise- Who is handling the claims when you take over- 2 entirely different quotes from you this week

This is just unbelievable! If it isn’t strange enough that hundreds of experienced adjusters have applied to work BP claims and can get no where the hopes were out there in the adjusting community that as soon as Ken Feinburg who has been appointed to take over the BP 20B fund administration this month that possibly more opportunities would present themselves for experienced adjusters to deploy to handle these claims.

In two different sources this week, we have Ken Feinburg alleged to be quoted with two entirely different versions of who will be handling the claims! It sure would be nice to clear this up and let the claims industry know – do we stay or do we go?

The first article published August 5, 2010 by Claims Magazine quotes Ken Feinburg as saying he will continue to use ESIS to handle the claims and expand that service if necessary in this article:

http://www.claimsmag.com/Exclusives/2010/8/Pages/Our-QA-With-Ken-Feinberg.aspx

It says in part on page 3 of the 4 page web exclusive article:

” Who will work for you on this project? Will you hire contract or independent adjusting companies?  

Right now, we are going to use the people that BP has contracted with and put into place. If we need more [personnel], then we will simply add to the resources that they are using now. (*Editor’s Note: BP is currently using Worley Catastrophe) I am sure that we will add the staff as we need to in the future as we improve the process. “

Next we have the website Pro Publica (their motto is Journalism in the Public interest) publishing an article only a few hours later on August 5, 2010 also quoting Ken Feinburg saying he is replacing ESIS with two other firms (non adjusting firms) who helped in prior mass claim settlements. The article in part quotes a BP spokes woman who confirms and says:

” Patricia Wright, a spokeswoman for BP, confirmed that ESIS would be replaced, and said that the decision was made by Feinberg without BP’s involvement. She said that BP was continuing to pay claims and that ESIS would stay on the job while BP retained control of the process. “Our contractors will continue to work until we transition,” Wright said.

The companies that will replace ESIS, Garden City Group and the law firm BrownGreer, both specialize in the resolution of mass claims. BrownGreer was previously hired by Feinberg [3] as a fee and expense analyst during his tenure as the executive pay czar overseeing compensation at banks that were bailed out by the federal government. “

Here are the links to the two companies named if you want to do your own further research:

Garden City Group headquartered in Melville, MY- Business week shows them as a subsidiary of Crawford and Company :

http://investing.businessweek.com/research/stocks/private/snapshot.asp?privcapId=1004650

and Crawford and Company also has information up on their website about Garden City Group here:

http://www.crawfordandcompany.com/content.aspx?CID=374&SID=2

  http://www.gcginc.com/pages/case_archive_search.php  (Says they are a class action law firm- this links takes you to an archive of numerous cases they have handled. Their home page says they employ over 400 nationwide).

Law Firm BrownGreer: Their website as well shows proactive involvement in claims administration of class action settlement cases to include Vioxx.

http://www.browngreer.com/who.htm

Contact information for BrownGreer:

BrownGreer plc

115 S. 15th Street
Suite 400
Richmond, VA 23219-4209

Main Number: 804.521.7200
Fax: 804.521.7299

Email: information@browngreer.com

Employment Opportunities: hrdept@browngreer.com

Now here’s another new twist- while researching BrownGreer who apparently has worked with the Feinburg firm before, I found a June 25, 2010 news release quoting the business manager for BrownGreer who confirmed back in June that Feinburg had hired them to take incoming claims information from the BP claimants. Here’s what she says in part in the article:

” Lynn Greer, a partner at BrownGreer, emailed a brief statement about her firm’s involvement in the BP claims process.

“BrownGreer PLC is assisting Ken Feinberg as the Administrator of the Independent Claims Facility established for the BP Deepwater Horizon oil spill,” Greer said in the email.”

Here is a link to this full article out of Richmond where BrownGreer is home based:

http://www.richmondbizsense.com/2010/06/25/local-firm-lands-bp-claims-work/

VIP- BrownGreer does have a job posting up on their career link looking for a claims reviewer here (requires a Bachelor’s degree) and it says they are accepting applications until August 12, 2010:

http://www.browngreer.com/images/pdfs/claimsreviewer_072910.pdf

I’ve made contact with a few sources working in BP claims offices and they knew that ESIS was going but have been told that does not apply to Worley that they are aware of. The adjusters there now do wear badges saying they work for ESIS.

Well, hopefully we will all know soon if independent adjusters through Worley and/or through these two new firms above will be used. The BrownGreer firm already shows they have analysts and claims reviewers on their staff on their career link.

More tomorrow on BP Claims statistics and more conflicting information on what will or will not be paid based on additional news articles under the new 20B BP Oil fund Ken Feinburg will be administering.

So- Should I stay or should I go- enjoy the video!

“The Independent Adjuster and the Oil Spill; Opportunity or a Trap” Guest Blog by CPLIC Risk Management- Errors and Ommissions Coverage for Adjusting Firms and Adjusters

Each year since founding ClaimSmentor, I have turned to CPLIC  for advice to share with our members on Errors and Omissions coverage for independent adjusters. We consider ourselves very fortunate to have members of this firm participate on our site. This year is especially important due to the added complications we may be facing this hurricane season with the oil in the gulf coast. I cannot thank them enough for their support providing this information for our members and all of you in the independent adjusting community. Their specialty is dealing only with Errors and Omissions (known as E & O ) coverage for the claims industry.

The following statement to their members is reprinted with permission from the Claim Professionals Liability Insurance Co., a Risk Retention Group created by independent adjusters for the risk management of independent adjusting companies.  See WWW.CPLIC.NET for more details:

Urgent Message from CPLIC Risk Managment Concerning Oil Spill in Gulf Coast. The Independent Adjuster and the Oil Spill; Opportunity or a Trap? The June 14 edition of the Wall Street Journal ran a full page ad on page A18, the back page of the first section. It outlined how BP wants claimants to file a claim, and their claims philosophy. This is prior to the meeting at the White House, in which BP put $20 billion into the hands of an independent commission. How that will affect the present operation BP is now running we do not know. All of us want more work, and we all, probably, would be willing to be involved in this claim settling process. But there are some pitfalls. At CPLIC, we have analyzed the situation, and would like to offer some insights, suggestions, and comments. Remember, this is all prior to the White House meeting. The Present Situation Our understanding is that Worley has been engaged to handle claims on behalf of BP. Crawford & Co. represents Transocean. We are not aware of how the work is being spread between the two, or if it is only BP/Worley that is processing claims at this time. How the $20 billion fund, now in play, will be handled is anybody’s guess. However, this could mean some opportunity for independents. Geographical Areas Obviously, the area covered is the Gulf Coast from Louisiana around to Florida. Considering the number of claims that are going to come out of this spill, you probably do not need to be in that area to be involved. If you are in that area, here?s a word of caution. Forecasters predict this to be the most active hurricane season since 2005, and the Gulf Coast could very well be affected. If you get a chance to be involved in the BP claims, please be judicious in resources you commit to BP. Remember that a hurricane will also stretch you, and that you have regular clients who depend on you. These situations always stretch and challenge us, but do not get so overloaded that things get out of control. When this happens, the chance of E&O claims goes up. Using resources wisely protects your deductible. Type of Claims At first blush, you would think these claims would be third party claims, and so they are. However, determining liability will not be the issue. Damages will be the issue. Many of these third party claims will handle just like business interruption claims. Make sure you use adjusters knowledgeable in this area. You may also encounter some hull claims, as well as other kinds of property damage claims. There may not be many first party claims. The pollution exclusion may see to that. There also may be trigger problems. One of our members thinks that fire or explosion may be the trigger. In the end, this may be a decision for a court. If the claims are first party, you will be working for a carrier, not BP. If there are questions of coverage, do not forget to take a non-waiver, or a reservation of rights. Those cases where you should have reserved rights, and did not, are hard cases to defend. If you are not sure, talk to your principal. If you are still not sure, or cannot get an answer from your principal, reserve your rights anyway. It is better to be safe than sorry. If there is coverage in your claim, subrogation will be in order. This leads to a potential trap. The Trap If you find your regular client base sending you work that leaves you subrogating against BP, and you are taking BP cases in addition, you may find yourself in a conflict of interest situation. Be very judicious in the work you accept. For those of you doing work for governmental entities in the Gulf area, be especially careful, particularly if your client has a shoreline. They may have cleanup costs, and ask you to handle their subrogation. Certainly, BP will be the target. You may run afoul of Public Adjuster laws. CPLIC can offer no hard and fast rule here. Be judicious, use good judgment, and err on the side of caution. What To Do At The Beginning Even if you take every precaution, you will be sued. We are dealing with a highly politically charged situation. The plaintiff’s bar will be running ads soliciting clients. We will draw some suits. How do we protect ourselves? This is the situation our insureds and CPLIC faced after Ike/Rita. First remember this is an agency situation. We all understand the principle of agency. In any contracts you sign with clients in association with this (or, if possible, any) work, make sure there is a clause under which the principal agrees to defend and indemnify you, absent a specific count of negligence against you. This is a partnership here. Make sure your client understands this. Your client wants you on his side when the yelling starts. Do not give the plaintiff?s lawyer the opportunity to separate you. Even if there is a specific count against you, your principal may still defend you, depending upon the allegation. Make sure you have your lawyer look at the hold harmless agreement in this light. If you need help in this area, contact us. Closing Comments What is written above may sound scary. It is not intended to scare. It is intended to make us wise about the opportunities out there, and to prepare us to meet them. It comes out of CPLIC’s six years of experience defending you. And there are opportunities, hopefully for many of us. As you go forward, let us know of problems you encounter in following our suggestions. If you think we are off base, or missed something, let us know. It will help us serve you better. K. M. Johns III CPCU, ARM AIM Risk Management Committee Chair Major contributors to this article were: Alan Mayfield & Bruce Mountjoy All Rights Reserved © CPLIC 2010 *******

Please view their Q & A they did for us in 2009 here. Most importantly note the recommendation that independent adjusters have their own E & O policy for their own protection:

CPLIC 2nd E & O Info

Here is also a link to our first guest in August 2008  blog post by Dale Moore and Michael Hale of CPLIC with additional FAQ:

https://dimechimes.wordpress.com/2008/02/08/errors-and-omissions-coverage-guest-bloggers-dale-moore-client-relations-director-for-cplic/

During my 50 Hour Fundamentals of Claims class, we cover Error and Omission Coverage with new adjusters. I am constantly amazed at their answers to questions on adjusters E & O coverage. Most state that they would rely on the coverage of an adjusting firm to protect them. When I question them further, it is interesting to see that I have never had one adjuster be able to tell me who the adjusting firm’s E & O policy is with, what the policy number is, how to contact the E & O carrier, what the E & O policy covers them for, if the E & O policy provides for defense costs for them if they are named individually in a lawsuit. In other words,  they are working without even knowing about their coverage.

In recent years, many carriers, especially state run insurers like Texas Windpool and Citizens Property of Insurance in their RFP 08-0016 had terms stating they did not protect adjusting firms or independent adjusters so they were basically out on their own as far as providing an Answer to a Complaint (lawsuit) which is a costly proposition. I especially disagree with this position as the majority of claims litigation issues post hurricanes Katrina and Ike involved disputes insurance consumers had due to insurance company coverage decisions on wind/ water issues, wind debris to shingle issues, and other coverage or carrier guidelines an independent adjuster is required to follow.  It is long past due that  insurers,  the government,  and now BP and the Ken Feinburg group administering the BP Escrow fund  grant independent adjusting firms  and independent adjusters a  fair and meaningful defense and indemnity agreement.

This guest blog is a great example of what ClaimSmentor is all about. It is not about what I think as a former staff adjuster and claims manager nor about my experience as a participant in the independent claims industry. It is all about bringing together a professional group of reputable resources to provide proper advice and information to the independent claims adjusting community who have a most difficult time gathering current industry information applicable to claims assignments and catastrophe operations except when they are out on assignment.

I urge anyone who does not have their own E & O policy to run not walk to CPLIC to address your questions and check on your own E & O coverage.

Thanks again from ClaimSmentor to CPLIC for allowing us permission to share their 2010 Urgent message with our members.

BP Claim Information Updates through Sunday June 20, 2010

The national news is just full of information regarding the status on BP oil claims so I wanted to take a few minutes tonight to post links to some information independent claims adjusters and adjusting firms will be interested in tonight.

First, Worley Adjusting Company  now has information posted on their website that due to the overwhelming number of applications they received, they are temporarily no longer accepting any new applications. View their complete statement here.

Second, the rumor throughout independent adjusting circles is that a second adjusting company has now been deploying adjusters for BP assignments. Here is a link to the GAB Robins website. We have not been able to confirm this directly over the weekend but have heard  this from numerous adjusters. ***Update Monday 6/21/2010- GAB has now confirmed that they are handling and the contact there is the Columbia, SC office- Mr Hubbard. There is a link on their site to office locations for specific info there.

It is our understanding that both firms are paying independent adjusters ( and others with experience unknown) on a daily rate PLUS per diem on an incurred basis for temporary housing. This is a great thing on the housing allowance as insurance companies make no consideration for temporary housing for independents. They provide temporary housing only for staff adjusters. The long term experienced adjusters say the amount of the daily rate is not enough as far as they are concerned in comparison to billing on catastrophe large losses and commercial claims so they are telling me they would not be interested in these BP assignments. Rumor also has it that GAB is paying on an hourly rate plus per diem. The amount I’ve seen would come to slightly more than the daily rate Worley is paying if the amount I was told is accurate.

We will all see how they feel after a major catastrophe as most independents are very displeased with insurance companies reducing fee schedules while at the same time drastically increasing file requirements which I’m hearing on the average take an experienced independent adjusters on average about two more hours per claim to close a file and get management approval.

Should this be the case. this is a good indication that possibly many more independent adjusters will be deployed to assist with the now 61,000 claims of which BP is stating they now have while only about 31,000 of these BP claimants have now been issued an advance.  Here is a link to the June 19, 2010 BP report advising they now have 33 claim offices set up with 1,000 people working in the claims offices. I’d like to say they are all licensed adjusters but I can’t verify that and have heard from some of the adjusters who are deployed that there were unlicensed people in their induction meetings. In CEO Tony Haywards prepared testimony to Congress on page 8 he stated as of that date that 700 adjusters had been deployed and states 600 of those were experienced.

  To compare this assigned adjuster response to hurricane season, I wrote a blog the other day showing that over 12,000 emergency adjuster licenses had been issued in 2005 and over 17,000 in 2004 in FL alone. This does not take into account the regular permanent licensed adjusters and the non resident adjusters who worked those 2 hurricane seasons in FL. Here is also a link to an article post Hurricane Ike on the number of claims adjusters assigned in TX.

The same 6.19.2010 BP update above also states BP has received about 84,000 calls into their call center. Now compare this to news coming out of Houston where the BP call center is set up quoting them as having received over 200,000  calls about claims and quoting some of the 100 BP phone operators as saying the call center is just a diversion and the calls go nowhere . See this second article  by Huffington Post with video quoting a BP operator  as well saying the call center is just a diversion.

Florida Insurance Commissioner, Alex Sink, who is currently running for Florida Governor also jumped into the act on BP claims per these articles  here and here coming out of the Pensacola, FL area where she went into the Pensacola, FL BP claims office with a claimant and news camera in tow. The part I surely do not understand about that is that BP is self insured first of all but secondly that the article says the claimant was attorney represented so I am not sure why the claims manager even talked to the claimant if his attorney was not present. She next met with a group of business owners in Pensacola to discuss their problems with the BP claims office. I do in fact hope that the insurance commissioners do get involved and that only licensed independent adjusters are able to handle these claims. It is a disservice to all BP claimants to have to work with “claims processors” as Tony Hayward called them when testifying to Congress yet I am not sure that these “claims processors” must be licensed if  BP is self insured.

According to an article about Katie Couric’s interview with Ken Feinburg, it states that $600M in claims have been filed and $71M has been paid out. Friday he promised legitimate claims would be paid within 30-60 days:

“Kenneth Feinberg was chosen to oversee the $20-billion compensation fund promised Friday to pay all legitimate claims quickly – in 30 to 60 days. He spoke with CBS News anchor Katie Couric from Baton Rouge, La.”

For those of you in the claims industry….wouldn’t that be quite a feat? Lawsuits still are being filed in TX over hurricane IKE weekly and we are just approaching the statute of limitiations ( deadline period to file lawsuits on property damage) in FL from hurricane Wilma. The part especially misunderstood about this is how in the world can claims be settled within 60-90 days as stated when they do not even expect the escaping oil to finally be capped until sometime in August and by all reports that is a BIG if !  

Most importantly is that you see this Katie Couric video interviewing the newly appointed Ken Feinburg  who will oversee the $20B BP escrow account announced last week by President Obama. It is very helpful for understanding their planned claims process between the BP escrow account and the 1990 Pollution Act claims process these claims were originally solely being processed under. Also view this CBS news article outlining important other traumatic disaster cases Ken Feinburg has handled to include settlements with the victims family for 9/11 and the Virginia Tech shooting case settlements.

This next Bloomberg article  gives the case citations which says in part:

“The multidistrict case is In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010, U.S. Judicial Panel on Multidistrict Litigation, MDL-2179, Washington. The dispersants case is Parker v. Nalco Co., 2:10- cv-01749, U.S. District Court, Eastern District of Louisiana (New Orleans).”

CNN tonight was interviewing a gentleman providing warning about BP job scams and other warnings about firms showing up to offer to help you for a fee which is not necessary. I in fact ran across something that really bothered me tonight just researching for this claims update. To see it for yourself, go to www.bp.com/claims which is the official site for BP announcements. Remembering the exact website for this incorrectly, I first entered www.bpclaims.com and to my surprise it is a public adjusting firm website that defaults and moves you seamlessly to www.publicadjuster.com . I didn’t even bother to read the public adjuster site but my thinking was how bad that is that some innocent claimant would think that they were designated to handle BP claims which is not the case or atleast I have not heard that BP has hired any public adjusters to handle their claims.

**Additional info added  6/21/2010- I meant to include the following link to a Bloomberg article explaining the 232 class action lawsuits on BP claims will be moved/handled by 1 appointed judge:

http://www.bloomberg.com/apps/news?pid=20601102&sid=aljqY7Nv_AzA

Well, I intended to spend a few minutes updating on the claims status as of 6/20/2010 and now hours later I’ll wrap it up with a  link  to my blog with a prayer and a song to all Gulf Coast residents and recovery workers and adjusters working these claims as promised that I would end every BP blog with this prayer for them:

https://dimechimes.wordpress.com/2010/06/15/eternal-father-strong-to-save-a-prayer-for-americans-during-the-bp-gulf-coast-oil-spill-recovery-open-letter-3-to-president-obama-and-admiral-thad-allen/

Guest Blog- by Michael Wiley “A Crude Awakening” Cleaning oil on Personal Watercraft

Special thanks to Pensacola, FL  experienced marine adjuster, Michael Wiley, for sharing the research he did for himself on Boatowner claims clean up  for damage to watercraft as a result of exposure to BP oil spill.  While  he did this research for himself, he did not keep a list of the many sources he found to gather this information so I cannot provide links but this paper is outstanding for adjusters not familiar with handling personal watercraft damage. Even those who are experienced most likely have not had to deal with the oil coating boats as they go through the gulf coast water oil spill and chemicals in the gulf used to disperse oil spill slick.

Thank you for your most gracious offer to share this information with the victims of the gulf oil spill and claims adjusters who may be faced with claims for oil damage to their watercraft!

Please click below for the full pdf  titled  “A Crude Awakening ” by Mike.

Oil spill affected boats[1]

To my friends, family, and claims community members- News on the BP Oil spill from the Florida Panhandle

Words are useless to express the devastation and sorrow about  how we are all feeling about the approaching oil in the Florida panhandle and the horror we feel for the states preceding us with the oil spill in Louisiana, Mississippi, and Alabama so I will publish this as is updating you on activities that took place with the Okaloosa County Florida Commissioners  meeting this week.

 First, a link to a blog post by Attorney Chip Merlin  who is being extremely proactive in the Destin, FL area where my friends and family are , staying in tune with what is going on and trying to help consumers in that area. Second , is a copy of an email that I got from a very beloved friend in Destin who is and always has been very interested in the beaches and wildlife there. I hope this post helps bring attention to the plight there and helps even one friend in the area find direction in this unspeakable horror.

To my nephew Ryan in Pensacola, my niece Pam in Ft Walton and family,  my nephew Billy and family in Panama City, and to my husband Don’s relatives in Grayton beach and Walton counties,  and to my sister Diana and family who own rental property in Destin, FL- our hearts and prayers are with you all daily as well as to all gulf coast residents, displaced workers, and restoration workers trying to save our beaches. Please read on:

Consumer Attorney Chip Merlin’s blog  about his visit and participation in the Okaloosa County meetings this week:

*Note- yes I recommend first trying to work with the BP claims process but when all else fails, I do highly recommend Chip Merlin be the attorney you resort to to pursue your losses if you are unsuccessful with BP. I have followed his actions- not just his words- since Katrina.

http://www.propertyinsurancecoveragelaw.com/2010/06/articles/insurance/oil-and-hurricanes-here-comes-the-one-two-punch/

Second, a most heartening email request from a very dear long term friend in Destin, Donna Minton , also emailing her distribution list requesting we support the Okaloosa County Commissioners which I definitely do in their position to take matters into their own hands to protect our way of life in Destin and the Florida panhandle. Her email is copied below with her knowledge and consent. Donna has given a voice to how we are all feeling in her most special way  :

 

 

 

Dear family and friends:

 

This morning while I was listening to the local news, I caught a TV segment on the Okaloosa County Commissioners here making a decision to move forward with taking action to protect our bays and beaches from the oil spill without waiting for the required governmental permission to do so. I thought that action was kind of gutsy for a governmental org and wanted to show support for their decision  and encourage them in this vein of thinking and action.  So, I called and spoke with the secretary at the Okaloosa County Commissioner office and told her that I just wanted to write a letter/send an email to the Board of County Commissioner further encouraging them.  She was very kind and receptive to my call and told me that the Commissioners are getting flooded with emails on the situation, but very few “old-fashioned” letters are being rec’d. She felt like a letter would be great and assured me that she would personally see that each County Commissioner got a copy of it and she knew they all would appreciate words of support in their “maverick” actions to move forward. She said that a written letter would actually garner some better attention rather than one lone email among so many rec’d. It would get lost in the masses, so to speak. So, I wrote my letter.

 

I know that so many of you feel that same love and adoration as I do. I’m not alone in these feelings. This situation is a nightmare to my consciousness as I know it is for all of you.  Since returning from Great Britain and Ireland 10 days ago and learning how the situation has gotten worse and closer to my own beloved beaches, I have not been able to talk much about the  tuition since returning home –  the pain of it just runs so deep in my heart. This may sound strange to many of you – but the way I feel is very similar to the feelings I experienced in the months following my Mom’s passing.  An incredible feeling of deep and heavy sadness and heartfelt longing for life to return back to normal before the tragic event happened.  I worry about all the marine life and wildlife creatures that live in the oceans and on our beaches.  It’s more than a dark cloud on my head….it’s a torrential downpour of grief over what is happening. I limit how watch much of the news on the TV/internet I watch or read  because it just makes me weep and deepens feelings of depression and hopelessness. Does this sound and feel familiar to any of you? I’m working hard to stay positive, upbeat, and optimistic and praying for that “silver lining” in this situation and the greater “good” that has to come out of even the most tragic of situations.  It’s very hard to stay on that optimistic path these days, but definitely the better choice for us all.  

 

So this email is a gentle request of my family friends to consider taking a few minutes of your time and writing a short letter of thanks, support, and encouragement to the Okaloosa County Commissioners office for their decision to move forward  – come hell or high water. I hope they truly “walk the talk” they are broadcasting out to the public. Please join me in encouraging them to do so. A positive word of encouragement is so much better than anger, judgment, and criticism. It does not matter whether you live in Okaloosa County or not  – or even in Florida. Please consider writing a letter anyway.

A very wise person – very  near and dear to my heart – often reminds me to “create love in every situation” so I’m hoping this letter creates a bit of love in this situation. 🙂  If writing a letter resonates with you, ask your family, friends, and colleagues to do so the same. It just takes a few minutes, some paper, envelope and a stamp. And it may make you feel a bit more hopeful..just the act of writing the letter lifted my spirits a bit.  The more folks that write, the better. As my friend, Jano, just wrote me in an email this week – It takes a village.

 

 So, I’m asking that perhaps each of you consider writing your own letter of support to the County with the thought that the more positive reinforcement they get from the community on their action, the better it will be for the situation and encourage them to continue to move forward and not wait around for approvals.

 

 I’m not a person that airs my political beliefs willy-nilly and this email is not meant to be a political email in any way (there’s enough of those going around) but you all know how passionate I am about the marine and beach wildlife, our beloved ocean and beaches,and the health of our planet. As with many of you, I have grown up with these beaches in all phases of my life  from Gulf Shores,Alabama to Pensacola Beach and now Destin, and Okaloosa Island.  I often tell folks that I have Gulf water running through my veins, quartz crystal sand between my toes, the salty smell of the ocean in my nostrils, and the sound of the surf in my heart.  I love the beach in all of its varied conditions – be it a soft gentle spring rain, a fierce storm during hurricane season, the bright hot sunshine of July, the solitude quietness of winter, or a peaceful foggy mist in the fall. It is beautiful to me no matter the season or time of day. I have solved many a heartache in my life  in long walks and talks with God and the ocean on Okaloosa Island beach, had fun with Sonny on our “date” Sunday beach days snorkeling and swimming, experienced the thrill of finding a “gift from the sea’ on the beaches after a storm, enjoyed the feel of the ocean on my skin while skinny-dipping(surprised you with that one, didn’t I?) and felt the surge of love and admiration in my heart watching herons, pelicans, dolphins, sea gulls,manatees, sea turtle, sandpipers, and crabs make their home here (to name just a few). It’s a boundless love- my love of this area.  I’m a proud coastal girl born and bred and hopefully will be one to my last days.  I have also honored that love of the ocean and beach in my home and office.

 

by Donna Minton, Destin, FL

I will continue to post a link to my prayer and song as long as this gulf coast recovery effort is going on:

Should you wish to send this link on this post to your friends just copy and paste this link:

https://dimechimes.wordpress.com/2010/06/17/to-my-friends-family-and-claims-community-members-news-from-the-florida-panhandle/

To add to Donna’s contact information above,  here’s the link to the Okaloosa Commissioners. If you don’t know what to say to the Commisioners, here is a link to their website which has additional updates from the June 16, 2010 meeting and their fax number so if you do nothing else, print this blog out and fax it to them at 850-651-7142  and add a note to tell them you do support their efforts.

http://www.co.okaloosa.fl.us/bcc_contact.html

Or forward the following link to your friends and family and to the commissioners by email:

https://dimechimes.wordpress.com/2010/06/17/to-my-friends-family-and-claims-community-members-news-from-the-florida-panhandle/

Each and every day until this oil spill is cleaned up, I intend to  close each blog with the following prayer and song for oil spill victims, especially the families of those who lost their family members in the Deep Water Horizon explosion: 

 

https://dimechimes.wordpress.com/2010/06/15/eternal-father-strong-to-save-a-prayer-for-americans-during-the-bp-gulf-coast-oil-spill-recovery-open-letter-3-to-president-obama-and-admiral-thad-allen/

 

We appreciate all comments you make to this post if you support the Okaloosa County Commissioners so please post your comments and I will approve them. Let’s  use this blog comments section to keep each updated on what is happening in and around the Florida panhandle to give Donna’s voice further wings to  help the Florida panhandle and keep those of us living outside of the area news on the developments and progress in the Florida panhandle.

 

Here is also a link to another blog I wrote last week with all of the BP claim forms should you need them. You can also follow all blogs I’ve posted about BP by just entering BP in the search field on the right column of this blog to read them all to keep up with the information I am updating on the BP claims status. 

 

https://dimechimes.wordpress.com/2010/06/06/bp-gulf-oil-spill-claims-update-claims-process-claims-manual-claims-forms-and-much-more/

 

We also ask that you help those of us in the claims industry help you by passing along our plight trying to get assigned to work these claims. It is just a tragedy that only one adjusting firm has been assigned to handle these claims. As of last Friday, BP had only assigned 600 adjusters between Louisiana and Florida to handle these claims and we do not even know if they are experienced adjusters entirely. Compare those numbers to the following numbers required in the 2004 and 2005 hurricane season:

 

https://dimechimes.wordpress.com/2010/06/14/lets-compare-floridas-2004-2005-bad-hurricane-seasons-with-the-current-number-of-bp-claims-as-of-6122010-and-currently-deployed-claims-adjusters-part-ii-open-letter-to-obama-and-admiral-allen/

 

 

Eternal Father Strong to Save- A prayer for Americans during the BP Gulf Coast Oil Spill Recovery- Open Letter 3 to President Obama and Admiral Thad Allen

President Obama is speaking from NAS Pensacola, FL as I write this. It is the most support I have seen him express to the brave men and woman serving in the US Armed Forces  since he began his Presidency. I am taking this particular speech very personally as my father, my brother, and my brother in law are all buried at Barrancas National Cemetary at NAS Pensacola.  I cannot bear the thought of the memories of our childhood being destroyed with the gulf oil tar nor of disturbing the area so others can  grow up with the same wonderful memories our family shares from the area during our youth when my father was stationed there.

I still  have family in the area including my nephew Ryan who is attending college at the University of West Florida  following in the foot steps of my wonderful father and brother who also attended the University of West Florida in Pensacola, FL. His degree is going to be in the marine industry. He too is watching his dreams disturbed by the worst environmental disaster in Amercian history as he faces unemployment working part time in the beach restaurant industry as a means of income to help cover his expenses while in college.

President Obama- thank you for doing us proud with your military speech in Pensacola and for finally showing our military of all branches the respect and honor they so much deserve. As a military brat as us military children are known as, we do know the sacrifices having watched our fathers depart on Naval aircraft carriers, departing for war, and the fear and sadness we experience as we support our brothers, sisters, neices, nephews, sons, daughters, and our fathers as they protect Amercians at assignments both at home and have to regularly leave us to go abroad to protect us around the world.

I’ll end this thanks with the words of my very favorite navy hymn heard every Sunday growing up on military bases and attending church at military chapels where our father was stationed.  If you really listen and read the words, I think you will agree this song represents all of our prayers for our military, our national guard members, our claims adjusters who will have to work in these coastal environments during hurricane season, and our BP responders constantly exposed to the oil spill tar and disperants as they clean up our beaches and marshlands and experiencing illness as a result. We also extend this as a prayer to all gulf coast residents suffering from this oil spill :

             Eternal Father Strong to Save – Original Version

             The original words are:

Eternal Father, strong to save,

Whose arm hath bound the restless wave,

Who bidd’st the mighty ocean deep

Its own appointed limits keep;

Oh, hear us when we cry to Thee,

For those in peril on the sea!

O Christ! Whose voice the waters heard

And hushed their raging at Thy word,

Who walkedst on the foaming deep,

And calm amidst its rage didst sleep;

Oh, hear us when we cry to Thee,

For those in peril on the sea!

Most Holy Spirit! Who didst brood

Upon the chaos dark and rude,

And bid its angry tumult cease,

And give, for wild confusion, peace;

Oh, hear us when we cry to Thee,

For those in peril on the sea!

O Trinity of love and power!

Our brethren shield in danger’s hour;

From rock and tempest, fire and foe,

Protect them wheresoe’er they go;

Thus evermore shall rise to Thee 

Glad hymns of praise from land and sea.

For links to the origins and history and other more modern versions of this song, visit this link:

http://en.wikipedia.org/wiki/Eternal_Father,_Strong_to_Save#Lyrics

**Note the Episcopal version is also very appropriate and shown on the link above

I find the following musical version very comforting at times like these and hope you will enjoy the music and pictorial vision as well:

http://www.cyberhymnal.org/htm/e/t/eternalf.htm

Please pass this on in hope it brings a focus to the faith that God will protect us and keep us safe. Especially for the families of the victims killed in this BP Oil explosion. Our prayers are with you every single day. Just click on the title to this blog today and you can then copy and paste it into an email to your friends and family suffering through this disaster or serving in recovery efforts.

Respectfully,

Debbie Moroy, AIC,IIA  ClaimSmentor Founder www.claimSmentor.com

 

 

 

Let’s Compare Florida’s 2004 & 2005 Bad Hurricane Seasons with the Current Number of BP claims as of 6/12/2010 and Currently deployed Claims Adjusters- Part II- Open Letter to Obama and Admiral Allen

The news as you know is just full of news organizations analyzing BP response to the claims resulting from the Deep Water Horizon oil spill disaster.

It might help, without throwing accusations around,  to just compare a few numbers and several major differences between the disastrous 2004 and 2005 hurricane season in Florida and the Gulf Oil spill numbers as of  yesterday, June 12, 2010.

Let’s look at this  article  dating back August 2008 by the Florida Insurance Council. The article  states in part that:

” The Department’s Bureau of Licensing issued 17,488 Emergency Adjuster licenses for the four-storm 2004 hurricane season and 12,284 Emergency Adjuster licenses during 2005. Florida was again impacted by four hurricanes that year, but most of the damage was from Hurricane Wilma. In addition to adjusters working with emergency licenses, hundreds, if not thousands, of resident adjusters handled claims from the 2004/2005 hurricanes. “

Keep in mind that they are talking about emergency adjuster license numbers only. This does not include FL resident independent adjuster licenses, FL non resident independent adjuster licenses, nor staff adjusters (those who work directly for the carrier as employees) so you can just imagine how many more thousands of independents and staff adjusters just FL required in 2004 and 2005. Now add the Katrina claim statistics and number of adjusters also out working in 2005. Louisiana did not have adjuster licensing in 2005 so I’m not sure where I can get the 2005 statistics on Katrina as a comparison.

Emergency adjuster licenses are temporary licenses  that allow a non resident adjuster to work in the issuing state without an adjuster’s license in that state. The other way to work out of state is to obtain a permanent non-resident license. In addition, of course, we have permanent resident licenses. Normally, if your state of residence requires a resident license, FL and other states requiring an adjuster’s license will allow you to work for a short period of time in the disaster zone under an emergency license. These are typically only approved by a state department of insurance once a Governor has Declared a state of emergency. They are normally good for anywhere from 60-120 days and can be renewed if the state licensing department extends the deadline. The limiting factor is an adjuster operating under a temporary emergency license can only work claims for a particular declared disaster. They cannot be utilized to work non disaster related losses.

Recent trends have carriers, thus independent adjusting firms, requiring adjusters obtain a number (usually 7-15 different storm prone states) of non resident licenses. The reason being that the carrier can deploy an out of state adjuster into a state when there is NOT a Disaster Declaration by the state Governor should they have a permanent non resident license. The advantage is they can be deployed out of state to help with the smaller storms like small hail storms and the like. Worley adjusting company who is the firm appointed by ESIS to handle the BP oil spill claims and their site on the home page  shows a typical example of the non resident licenses required of independent adjusters. Each non-resident license requires a fee typically about $65.00 and reporting on CE so this is a large burden and expense for independent adjusters.

The National Association of Insurance Commissioners had proposed a Model  Independent Adjusters license back in 2007. While we were all hopeful it would be adopted by state insurance commissioners, the NAIC committee looking in to it later scrapped the proposed recommendation. What a darn shame considering what we are facing today handling BP oil spill claims along multiple gulf coast states. It is needed for more prompt deployment of adjusters during major disasters rather than having delays caused by waiting on emergency adjuster licenses. Adjusters seem to think the issue is the fees acquired by each state are substantial considering the thousands upon thousands of resident, non resident, and emergency licenses each year. However,  it was not to be. The American Association of Independent Claims Professionals, AAICP still has the documents up on their site  to include their letter to NAIC requesting they reconsider passing of this model act. The Winter 2010 newsletter on AAICP’s site  provides an update on adjuster and producer national licensing and where we stand today on this pending model act for a national license. It cannot be passed too soon as far as independent adjusters are concerned. I also wrote about the independent adjuster license issues in this blog in July 2007 when NAIC cancelled further recommendations for the act and here in my “Who Moved my Claims Cheese” blog.

Should time permit,  look back on my blog “ Are Independent Adjusters a Dying Breed or Fungible Billing units ” ? This is definitely applicable SHOULD BP/Esis or others be placing non licensed adjusters in BP or ESIS claims offices. I should definitely hope this is NOT happening. Those I’ve talked to this week that are being deployed atleast by Worley  have all been very seasoned experienced adjusters who have been highly complimentary of  Worley’s induction and training process prior to deploying them to ESIS claims offices (ESIS is the insurance company for BP as explained in other blogs here the past two weeks).

Going back to my open letter to President Obama and Admiral Thad Allen, I still recommend some kind of emergency order be made waiving non resident emergency licenses as long as it can be documented that an adjuster is properly licensed in their home state. In cases where a state does not require an adjuster’s license like Tennesee  and Colorado,(this is unimaginable), most independent adjusters have obtained a Texas or FL non resident license so they can then apply to multiple other states who will accept those non resident licenses to then provide them a reciprocal license in their state.  See info in this blog about Model Independent Adjuster Act recommendations for immediate implementation as a further suggestion to improve the BP Oil Spill claims process.

Now let’s move to look at the deaths and damage from the 2004 and 2005 hurricane seasons:

2004: click here 

This says in part:

“The season was notable as one of the deadliest and most costly Atlantic hurricane seasons on record in the last decade, with at least 3,132 deaths and roughly $50 billion (2004 US dollars) in damage.”

2005: click here

The initial sentence outlines the 2005 damage and death statistics as follows:

“The 2005 Atlantic hurricane season was the most active Atlantic hurricane season in recorded history, repeatedly shattering numerous records. The impact of the season was widespread and ruinous with an estimated 3,865 deaths and record damages of about $130 billion (2005 USD).”

Also, it is very interesting to look back at this Insurance Journal article on “Lessons learned from the 2004 hurricane season“. In spite of the horrible hurricane seasons of 2004 and 2005, what we are facing as a nation and as adjusters is unprecedented. This is due to several factors and many potential unknowns as this oil spreads along our coastal communities:

1  )  Hurricanes, for the majority of claims, are first party claims meaning they are claims to an insured’s property. The insured has signed an insurance contract with an insurance company while the oil spill cases are considered third party liability claims meaning that one party is responsible for the damages to another if their actions are the proximate cause of the third party (non contract) has suffered as a result of their negligent actions.  Adjusters from the BP side of claims do not have policy terms in the contract to fall back on such as “An Insured’s Duties after a Loss” in the Conditions section of a first party policy. We will be at the mercy of following directions for handling these liability claims from the instructions of ESIS and I guess BP. In addition, Admiral Thad Allen and President Obama have their hands necessarily involved in this national disaster so we just do not know how the claims handling will proceed or these claims will be settled. There are many acts such as pollution acts, EPA clean water acts, and many more that control what type of damage BP is responsible for. We’ll expand on that information in a later blog. Many of these requirements are far outside the typical experience adjusters have so leadership direction is crucial for training adjusters unfamiliar with handling oil spill damage and losses.

2) Hurricane losses may take a very long time to settle  depending on the amount of damage to a property and the period it will require to restore the property. These BP claims on the other hand are going to be continuing open claims with a long period of time in pending status. We do not have a known “period of restoration” for the clean up in the gulf coast, we have no definite date as to when the oil will stop entering the ocean, we do not know what hurricane season may bring as far as further moving the oil contamination and disperants inland, it is unknown what illness and bodily injury will be related in the long term to the disperants or for that matter how it will affect properties.  We do not know the ramifications of the oil spill on ripple effects as businesses close, lost income for the gulf coast workers and now the oil rig workers who may be laid off now that off shore drilling is being addressed by President Obama and a six month moratorium on off shore drilling.

3) Even insurance companies may be suffering greatly this hurricane season as massive numbers of independent adjusters may be deployed to handle oil spill claims and not be available as expected for hurricane season (whoa to those carriers 80% or more whose catastrophe plan relied in the majority on independent adjusters).  Unless they become reasonable in their fee schedules and consider paying a daily per diem, they are going to have a very tough time competing for independents getting per diem and a good daily rate on the BP oil spill claims as insurance companies do not normally pay per diem allowances for independent adjusters.  The other consideration independents will have to make are whether they are willing to walk away from a long term BP assignment to go for a month or two of  wind losses for an insurance company especially given that those hurricane losses may require exposure to oil and disperants when inspecting field losses. No amount of pay can make up for exposing yourself to the possiblity of  permanent damage or death from these unknown exposures. The paid statistics on claims for BP claims does not mean these claims are settled. Far from it, from most news sources, claimants are very unhappy that $2,500 and  $5,000 advances is what they have received thus far.

4) In addition, this update on the Deep Water Horizon response site  shows that Admiral Allen has issued instructions for BP claimants unhappy with their BP claim to notify the Coast Guard. What????? Will the coast guard then be just passing these complaints on to the ESIS claims offices handling the BP claims or will they then just pass them on to the Departments of Insurance who normally handles complaints on insurance claims for insureds (yet again we are dealing with claimants here). I haven’t seen any instructions from the insurance company side on how they are going to deal with this but they need to know while they have time in their disaster planning before a hurricane hits.

5) On the same link in #4 above,  near the bottom, you will find Admiral Thad Allen’s new Media Access requirements in this Media Access pdf strongly encouraging media access and prohibiting  responders from denying access to the press unless they would be endangered in a prohibited area. Will this change insurance companies Code of Conduct forms adjusting firms and adjusters must abide by to allow media discussions by adjusting firms and adjusters  with the media which are also prohibited as oil spill workers alleged they were prohibited by BP for responding?  Something else to be reviewed by insurance company attorneys before a major hurricane hits this season.

 I cannot even begin to list all of the effects and costs incurred by claimants (third parties) with their loss of property values in areas seriously impacted by oil. This weekend, we saw a new for sale sign up at the beach here in Jacksonville that said “Marshfront” property for sale. I told my husband it might as well have shouted ” swamp land for sale due to looming oil spill expected to make the bend up the east coast of Florida” because I cannot even imagine an interested buyer until we know if oil will or will not make it’s way to the Florida east coast.

The trauma on all Americans, especially those on the gulf coast, are real. Even for those of us far from the current and ever spreading damage, it is traumatic just watching the wildlife covered in oil and tar, the grown men crying outside of their homes, offices, and claim centers. God be with them all and with the adjusters working at the claim offices and also those that are going to be handling hurricane losses should a major hurricane make landfall in any of these zones.

The June 09 2010 update by Huffington post  on BP claims states that  18,000 claims have been paid, and $84 million  has been paid out. It does not provide the total numbers  of claims received thus far. According to this article, only 600 adjusters were currently working in claims offices. No wonder this article quotes a policyholder saying they have called numerous times and get no answer on the phones! Look back and compare this to the 2004 and 2005 numbers just for Florida  where over 10,000 emergency licensed independent adjusters worked both of those years not counting thousands more deployed who were staff adjusters and you decide……..how would you rate the BP claims response on as of  today? This updated article found on the BP website  dated 6/14/10 states a total of 51,000 claims received and about 26,000 payments made totalling $62 million dollars. There is no mention in the current update on the number of currently deployed adjusters since the 6/9/10 stats I had above.

Make sure to read this  this article by www.Money.CNN.com indicating predications are that BP will spend between 3 billion and 40 billion in their response to this disaster while at the same time predicting Florida alone will have a 10.9 billion dollar economic loss along with potential for the loss of 195,000 jobs. The current top prediction at 40 billion is just 10 billion shy of the cost of damages in the 2004 hurricane season and about one third of the damage costs in the 2005 hurricane season thus far. 

Reuters news service is reporting that President Obama will require BP open an Escrow account when they meet June 16, 2010  to meet their obligations on claims. Here’s the link to this story.

God be with us all. Amen.

It is now 2:35 am ET so it will be tomorrow after A.M.  liability classes before I can go back and review this for grammar, etc so bear with me.

 

An Open Letter to Admiral Thad Allen, President Obama, White House News Correspondents, ESIS Insurance, and All involved in the BP Oil Response- We Can Help Address Your Claims Concerns- Lead, Follow, or Get the Heck out of our Way!!!!

My father, a dedicated retired Navy Commander, now deceased would be rolling over in his grave today if  he  were here to witness the disaster in the claims process now 50 or so days beyond  the BP Oil Spill. This applies as well to all of us living along the coast and anxious claims industry members on the independent adjusting side of things….yes the very ones who can contribute to immediate processing of the BP oil claims and working in your claims offices yet we hear NOTHING.

Why would I include mention of my dad in a BP oil spill claims process  blog?  First of all he was my friend, my mentor throughout my career, and he was known well in his naval career for his business motto “Make Things Happen”. Second, I’ve researched now retired Coast Guard Admiral Thad Allen. He definitely looks like he was the right man to be appointed to head up the federal response to the oil spill disaster. I found out today that he was also in charge of the Katrina response and found a good article commenting on his diligent research during Katrina he did BEFORE making a decision. We only ask that you include Independent Adjusting firm owners in that equation for the federal response on claims processes. We are the answer to improving the claims process as we do work for many companies where staff adjusters and insurance companies can respond only to the policyholders with their company. Here is a link to the bio of Admiral Allen and to an article commenting on his outstanding skills in conducting research.

Here is a link to his most impressive bio and dedication to a career in disaster response since retiring from the USCG:

http://en.wikipedia.org/wiki/Thad_Allen

Here is also great information documenting the date he was appointed to head the command of the federal response. This helped me have an inkling of understanding as to why he would have suggested the national guard involvement in the claims process- he has more knowledge of their skills than we do but I still don’t understand why in claims offices versus oil clean up operations when we can do that as independent adjusters:

http://en.wikipedia.org/wiki/Thad_Allen#Hurricane_Katrina

Here is a link to the Washington Post blog explaining the four leadership lessons we all can use by following Admiral Allen which I really enjoyed.

Rumors on the streets or email highway  in the independent adjuster world are saying that BP has instructed the ONE adjusting firm assigned to handle the claims not to deploy anyone experienced in handling the Exxon Valdez oil spill claims. Please look into this and assure us that is not true and the thousands upon thousands of independent adjusters sitting at home not deployed to help are not being excluded because they have experience handling claims. That is just unimagineable and I hope proves not to be true. The numbers of people who have applied directly to ESIS and to independent adjusting firms who have heard nothing might prove what you are told when investigating this that it is a fact. Let us know please. Rumors can destroy you. Facts posted on the ever popping up response websites would be helpful. Also, I suggest you not believe one rumor that we have run out of  independent adjusters available. A quick check of the number of licensed resident and non resident independent adjusters will prove this is impossible even if 10,000 are already deployed yet we hear less than 1,000 are now in the BP field claim offices. *Update 6/9/10- we have now heard of numerous more EXPERIENCED adjusters who were deployed today to Worley- this dispels the rumors that experienced are not going.

This blog displays links for search terms adjusters use that leads them to our blog. Since the BP oil crisis, search terms for BP oil adjusters and adjusting firms are atleast 50% of all search hits on this site  where adjusting firms and adjusters are looking for information as to who is handling the BP Oil spill claims.

Thus far the information circulating in our discussions  is that ESIS has only appointed ONE adjusting company to assist their personnel. ONE-and that firm fortunately is a very reputable adjusting firm- Worley Catastrophe www.worleyco.com . Rumor on the street is that they are inundated with resumes flowing in but many many of us have not even gotten  a reply to  email and resume submissions yet.

I am extremely disappointed in the comments regarding the claims process problems by Gibbs  and Coast Guard Admiral Thad Allen in today’s press conference. While I am very happy to know plans are to improve the claims process, I could not be more disappointed to hear you are considering National Guard personnel to work the claims office when we have the skills necessary to create a professional  claims image for BP and for the Federal government of their claims process. National Guard members need to be used for what they do best which is protecting Americans. Send them to guard our borders to protect our west coast neighbors in AZ, CA and other states with border issues. Have them assist with patrolling our beaches if coastal residents are forced to evacuate when oil spill makes their homes unlivable and let US– the Independent Adjusting community- do what we know best which is  responding to claims disasters. * This too was dispelled in news that the AL National Guard is being used in the field for three weeks to notify residents of where they can report a claim to.

We will waive  our fees to help you or assigned independent adjusting firms send in staffing to employ independent adjusters. ESIS can disburse them to claims offices.

What else can the government do?

1) You can help claims personnel find reasonable housing to reduce per diem costs to BP  so all claimants can be paid  by providing temporary quarters for housing for independent claims personnel. Rumors have it that BP is reimbursing 100.00 per day for costs incurred to find housing and every bit of that will be needed by independents for hotel rooms to stay in claim office territories while working in area damage zones. Can’t you use your influence to negotiate discounted hotel rates? To prohibit price gouging on hotel rates as state insurance commissioners do following major disasters? A very good argument for state regulations on disasters involving claims.

2) While we definitely support the use of displaced workers in the fishing industry…don’t you have things a bit reversed?  The great people in the fishing industry have the physical stamina to work in beach and ocean environments like field claims adjusters do. Why not put them to work on the clean up efforts to stop the spread of this oil and use trained inside independent claims adjusters in the claims offices. They are experienced  to deployment within 24 hours of assignments nationwide and experienced  to working 10 to 12 hour shifts  6 or 7 days a week and that will go far in speeding up the claims process.

3) What are the licensing requirements for the claims office “adjusters” ?  I hear FL’s Crist has already declared FL Emergency declarations  to prepare FL for the incoming oil spill damage spreading our way. Once that happens on normal major disasters, this allows emergency adjusters to enter states with a temporary emergency adjuster license. I sure hope that is going on here with one exception I will address next. Why can’t President Obama declare a special emergency order allowing this in all coastal states experiencing oil spill claims or if this is only the perogative of State Insurance Departments then please immediately approve the use of emergency licenses for any independent adjuster who can prove an active license in another state. Atleast by running all claims personnel through the state insurance departments (with BP picking up the cost of the emergency licensing and state required fingerprints) BP claimants would not be exposed to potential scams if convicted  felony offenders get involved in claims or entering homes and businesses. I have no doubt Worley is handling this for the adjusters they are sending in as most independent firms do now but what about the folks being plopped right into the claims offices by other sources without proper criminal background checks (if that is happening) ?

Speaking of state regulation- are state insurance commissioners going to be involved? Will the individual state statute of limitatons apply by state or is there a federal statute that will provide one standard  statute of limitations giving all BP claimants the same time frame and deadline for filing a suit should that become necessary. You can see they are very clearly different in coastal states:

http://www.nolo.com/legal-encyclopedia/article-29941.html

Chip Merlin, a consumer attorney wrote a blog this week suggesting BP use CPA’s and accountants on the loss of income claims. While he provides good reasons, we in the claim industry are plenty capable of helping issue the $5,000 advances and there are thousands of adjusters trained in business interruption claims for loss of rents, tourism cancellations, and much more but I do agree CPA firms are often used by insurers for proper determination of amounts due for large commercial business interruption claims. In fact, my brother in law is a retired IRS CPA and has huge resources to other CPA’s who are also interested in deploying. In fact, this week I will post a large number of online business interruption links for some great information on business interruption claim training.

BP- please ensure that your hiring process for claims office personnel excludes any public adjuster currently licensed in ANY state in the USA. They are the driving force for referrals to plaintiff attorneys and more importantly we need to resolve claims prior to litigation consideration so a vast number of BP claimants do not suffer loss of settlement dollars by signing contracts with firms charging excessive attorney fees to represent them on these claims. Here is a good example of problems addressed by California’s proactive Insurance Commissioner Poizner warning CA consumers on his April 16, 2010 Scam artist warning  press release to be leary of unlicensed public adjusters and unlicensed contractors. His feelings seem to be clear in this press release about this group of potential public adjuster unlicensed adjusters.

How about using this link above as a template for a great posting for gulf coast residents warning them of the same potential to get taken advantage of by scam artists?  You can post this warning on each of the 4 state sites now shown in your Area Plans at http://www.deepwaterhorizonresponse.com ?

Admiral Allen and President Obama, please protect all parties operating at the claims offices. Use your national guards to protect them from frustrated residents in coastal communities who might take out their frustrations on the face of the disaster response- the personnel in the claims offices. I also would like to make sure to enact provisions prohibiting plaintiff attorneys from naming adjusting firms and individual “adjusters”  from being named  in lawsuits unless they have absolute proof that a firm or particular adjuster deviated from BP or ESIS instructions for claims handling. We had untold numbers of independent adjusters named in TX claims litigation  (note cases on this link filed by the Mostlyn law firm in Jefferson County, TX ) who in most cases were merely following insurance company  instructions which they are not allowed to deviate from. This increases our premiums for required Error and Ommissions coverage they are going to need to cover their extensive expenses to be removed from a lawsuit. BP should be providing blanket E and O coverage for all claims office personnel because in most cases, they will not even qualify for E & O coverage since they have no experience. This is going to drive up the cost of E & O coverage for all independent adjusters for years to come. Please check with www.cplic.net who specializes in error and ommisions coverage for independent adjusting firms and independent adjusters. Insurance companies do provide the defense and costs for staff claims personnel. Many contracts by state insurance such as TWIA in Texas and Citizens Insurance in Florida   included terms in RFP’s stating  (scroll down to public information on RFP08-0016) that they would not provide a defense. In fact ,TWIA sent out an email post IKE that specifically told adjusting firms and independent adjusters to hire their own attorneys as they were overwhelmed with the responses to Complaints they had to file on behalf of TWIA leaving adjusting firms and independent adjusters to get this handled.  Additonally, let us know who we need to contact with our Congressman to have bills introduced to prohibit state agencies and insurance companies from imposing hefty fines (go back to link above to RFP08-0016 ) on adjusting firms and individual independents for unreasonable expectations as we too suffer from unreasonable expectations on time service when resources do get stretched thin during major disasters. This should include establishing standards to restrict insurance commissioners from imposing the same fines. Here is a link to the 2007 Citizens of FL Claims Manual  still up on the Citizens Task Force on Claims Handling which includes an example of unrealistic expectations during times of major disasters. This should also include prohitibing carriers from fining adjusting firms who fall short of being able to deploy numbers they committed to on RFP’s (request for proposals for laymen) which they can prove they have on the rosters prior to a major disaster but those same resources won’t be at their finger tips as they scatter for other opportunities servicing claims – especially based on the whether the fee billing is reasonable or not. The adjusting firms have no control over this as we are talking about independent adjusters with no benefits operating on 1099’s. They have to go where they can find a guarantee of work when it is offered. Please help us out here!

My dad’s common quote “Lead, Follow, or get the Heck out of my way” is certainly applicable here. President Obama is not in the claims business, carriers’ cannot provide their staff adjusters under present processes where they handle their own claims and only involved in Flood claims processing for the government. We as independent adjusters can help BP and Admiral Allen who is overseeing the government response to the oil spill. So….if you are just deploying ONE adjusting firm, then please contact me. I’ll freely share my information for some great additional adjusting firms based on members I have personally come to know over the past five years through their participation on ClaimSmentor.

Please do not tie up Worley’s executives. They are well respected in the claims industry- you have assigned them claims- let them do their job following your claims handling guidelines but do not put another black eye on the independent claims industry- we can’t take the blame when you will not even deploy us. Seems like today’s news release is starting the claims blame game which isn’t helping resolve the issue. Months ago I wrote blog about the claims game for insurance company disaster responses. Can the USA government with their vast agency resources not  “make things happen” ?

President Obama, I know your wife is a strong supporter of Education. I am as well and have now volunteered my time for 4.5 years creating the first online e-mentoring group ( CADO first with forums and links for firms- our site hosts the actual classes now ) for independent adjusters to provide them educational information for professional claims training throughout the USA. We have access to excellent sources of claim trainers as well who are very experienced in deployments and training at disaster induction centers.

A  last suggestion for federal government and BP claims response- COME OUT OF HIDING- locating available adjusters or the firms handling claims shouldn’t be a where is Waldo’s game trying to track down the information.  As a fellow Golfer…you can choose this city BEFORE the oil spill arrives to dispel rumors you are making  trips to the gulf coast only for photo opportunities. Here’s your chance!

 Heck- I’ll be glad to “Make Things Happen” and host a group of reputable independent adjusting firm leaders to gather here in Jacksonville in our beach community of Ponte Vedra Beach, FL. We have a great location overlooking the Players Club here at Sawgrass…..the same location where Tiger Woods gave his return speech. We invite you to follow his lead- is all you need to do is show up and meet these great leaders. They would be more than willing to make reliable suggestions. They just hold back due to the fear of carriers retaliation if they go public under normal circumstances. We are used to this media restriction in the claims industry due to insurance company carrier Code of Conduct forms. The purpose would be a townhall meeting for positive suggestions by independent claim firm owners and head managers.

You show up- I’ll host the conference center. Smile- I know that is a simplistic offer with the involved security you need. However, Sawgrass  home of  Tournament  Players Championship  since 1977 is well equipped to plan for your arrival and we’ll meet you there!

We’ll make the same offer to work with any news agency like CNN, HLN, Fox News, or any state news reporters interested in talking to a group of claim managers  even if  news agencies have to allow participants to remain anonymous with voice overs and protection of their identity so they can provide truthful evaluations of the claims process and stories about what they have heard in response to their efforts to get through to ESIS claims executives as it isn’t great news although we recognize they too are overwhelmed with the situation.

 This is not acceptable time service for any insurance company, claims adjusting firm nor an individual adjuster and definitely should not be acceptable response time with BP with  their huge profits -come see us independent claims folks who are regularly following the insurance crisis in coastal communities.

We- the Independent Adjuster community- are the group who can help professionally improve the BP claims process- just do what you say you will do…….create jobs, take people off the unemployment lines but please use the RIGHT PEOPLE for the RIGHT positions where our  skills can best service the claimants of these disasters. There is a link to my prior blogs in response to this blog posting about the claims blame game, hopefully we won’t just need to substitute the ridiculous blame game organization chart  very soon and substitute the parties now involved in the BP oil claims because right now my honest evaluation is we need one to follow the BP oil spill blame game parties. Let’s reverse this quickly. Insurance commissioners never stand by and merely observe what insurance companies do. Instead they monitor them regularly and require weekly status reports on the number of claims procecessed during major catastrophes.

In Florida during the 4 hurricanes in 04, carriers and adjusters were held up to stringent deadlines which were unreasonable given the repeated events here. How about talking with our former FL Insurance commissioner for reasonable expectations. Alex Sink has also done an excellent job as current FL Insurance Commissioner and is another reliable source on reasonable expectations and time lines on loss of income claims deadlines as they require a much longer pending tail for closure due to the ongoing losses. Heck, go straight to all insurance commissioners for a prompt discussion to help make your decisions- respected members of the NAIC  National Association of Insurance commissioners  and get their valued input. I’d also recommend you talk to the NACA  past President Woody Britton who is a weath of information on catastophe deployments.

There is much more I can add to my suggestions but no one is asking me nor valued members and managers in the independent claims industry from the independent adjusting firm side with the exception of ONE independent adjusting firm. If there  are more, please respond and let us know the name, website, contact phone number for each adjusting  firm with a definite contract to handle these claims.

We also request you stop the bleeding and announce this on your websites so independent  adjusters aren’t on standby with false promises to go to work on BP oil spill claims by firms not even under consideration by BP or ESIS to handle claims. Independents are already on standby with many firms and we have no idea what the likelihood is of ever deploying.

We want to help and know you are facing oil spill disaster claims of untold proportions. Please let us know just how we can apply our training and skills to assist you to speed up the claim process.

President Obama and respected Admiral Allen, our intention is not to be critical of the response, the intent is to move forward from this moment forward to speed up the claims process and stop the spread of this historic oil spill. We don’t mind your use of a telepromters, we’d love you to bring your daughters to experience our pristine beaches and let your daughters learn the joy of collecting sharks teeth on the beaches at Mickler’s landing. I assure you they are not attached to the shark (smile) and it’s much healthier than them being exposed to picking up tar balls on the beaches. We want you to select this area as a pre-oil spill venue where you are proactive coming before the oil spill reaches us. You can take time (yes we do understand work/ life issues for emergency responders) while here to take the kids to explore the Naval Aircraft carriers at Mayport Naval Air Station, a follow up with a visit to our oldest city of St Augustine and especially the old fort and the Fountain of Youth tour. It will help your family have a good grasp on what living in a continental USA beach community is all about before we incur damages coming our way.

By the way- one last story about my dad- my hero- you talked yesterday about determining whose A** to kick– well we have a military award plaque still up at my parents wall at home here in Jacksonville where they awarded “my dad” with a replica of his well known A** kicking boots while serving out at sea as an Aircraft Maintence Commander. He had 2 shoes in yellow and he painted a different colored dot on each toe to indicate which parties he was holding responsible  for a problem and the dot showed if it was an enlisted man or an officer under his command. Your family will understand the significance of the colored dots if they can view the take off and landing of military aircraft on landing decks while out at sea. It is a trip they will never forget as I never have when going out on a family cruise day which allowed us to see what my dad was up to all of those years he was at sea. The guys look like MnM’s running around so quickly as the planes take of f and land when you get to watch it from above. Heck, if you don’t have time- send someone out to video this in action when one of the carriers near you are hosting one of these events.

To independent adjusters : If you missed the White House press conference  6/7/10 , CNN now has it posted. Watch the claims process comments for  yourself as well. 

 Here is the link:

http://www.cnn.com/2010/US/06/07/gulf.oil.spill/index.html?hpt=T1

Sign me- a regular CNN , HLN, and FOX news BP Oil spill news follower …..Deb