Claims and Litigation Management Alliance is hosting a seminar June 15, 2012 in Dallas, TX for Trucking, Railroad, and Transportation Claims Adjusters and Attorneys

April 18, 2012

What a great conference coming up June 15, 2012 in Dallas, TX hosted by the Claims and Litigation Management Alliance for the transportation claims industry. The cost is a most reasonable $49.00 for claims members who register (see their Membership tab) and CE is unusally provided at their training events and show CE and CLE is pending at this time.

For complete details on this important conference and training in the transportation industry, view here.

To view all other conferences and Training Session Opportunities, view here.

I just can’t say enough GREAT things about this organization and it’s leader, Adam Potter.

 

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Louisiana Citizens Insurance Company offers $80 million to settle fines over claim handling delays from Katrina and Rita hurricanes

February 10, 2012

There are numerous articles out this week regarding Louisiana Citizens Insurance company and attempts between all parties involved in settlement negotiations.

This article states that yesterday Louisiana Citizens Insurance Company offered $80 million to resolve this class action suit, Geraldine R. Oubre et al v. Louisiana Citizens in the 34th Judicial District Court in Jefferson Parish , with approximately 18,000 policyholders while approximately 6,500 other claims still are pending at the carrier:

www.houmatoday.com/article/20120209/WIRE/120209535/0/entertainment02

The next article from NOLA.com  of 1/31/12 explains the US Supreme Court refused to delay the judgment against Citizens of Louisiana:

http://www.nola.com/crime/index.ssf/2012/01/high_court_refuses_to_delay_ci.html

This next article from 2/3/12 discusses the $6 million fees to seize the assets to the sherriff’s office following the Supreme Court 1/31/12 decision:

http://legalnewsgroup.com/2012/02/03/louisiana-citizens-goes-to-u-s-supreme-court/5040

In a different class action titled CHALONA v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION No. 2008-CA-0257. Fourth Circuit, the Louisiana Supreme Court had granted class action to this group as well. For complete details you can view this article which explains how the two class actions may overlap but says in part:

“While it is possible that some individuals could be included as members of both the Oubre class and the instant class, the relief sought in the two cases is not the same.   Thus, a judgment in the Oubre lawsuit would not have the effect of res judicata in the instant suit.   Although the defined classes in the instant case and the Oubre case may overlap, we do not find that the court was manifestly erroneous in denying LCPIC’s lis pendens exception.”

http://caselaw.findlaw.com/la-court-of-appeal/1003260.html

I’ll add articles to this blog as I can locate updated information regarding the settlement of these cases. If you can provide links to court documents or pdf of same, let me know and I’ll add them to this topic. We’d also appreciate any legal counsel who would like to interpret this information into layman’s terms for the rest of us and what impact this will have on other state run insurance companies in the future.

All articles located do say that these fees will be passed on  as assessments to insurance carriers doing business in the state and thus ultimately on to policyholders.

#Update 2/11- Here’s another article discussing the settlement negotiations and criticism for the negotiations being made public:

http://www.propertycasualty360.com/2012/02/10/talks-to-settle-louisiana-citizens-class-action-be?t=regulation-legislation


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

February 3, 2012

Thanks to www.law360.com  for posting an update on the Altier vs Worley Catastrophe Claims which confirms rumors that the two Altier cases (Lousiana and Federal Court) have settled which are the class action cases that adjusters working for Worley that worked BP claims filed regarding overtime issues / pay versus contract disputes.

The terms are confidential so don’t be bothering your claims associates for the details. Here is the link found when using their share button to Linkedin post for the full article:

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.


Special thanks go out to the Claims and Litigation Management Alliance CLM for the donation of eight scholarships to their annual claim litigation conference- See Conference Details

January 25, 2012

ClaimSmentor gives special thanks to Adam Potter, Executive Director of the Claims & Litigation Management Alliance for awarding ClaimSmentor eight scholarships to attend their annual claim conference to be held this year in San Diego, CA March 28-30, 2012.

We have passed these on to long time ClaimSmentor sponsors Eberls Claims Service, Mariposa Claims, William Kramer and Associates, and Auto Claims Direct due to the long term committment these firms have made to support our online e-mentoring project.

This conference is an outstanding opportunity for claims adjusters, claim managers, claims counsel- both staff claims and independent claims- to network as well as participate in this conference hosting 350 speakers, CE credits, and a great location.

To learn more about this claims conference, you will find all of the valuable details here.


Bill Introduced in MS to have feds decide wind vs water on claim disputes- Your thoughts?

May 31, 2011

A bill has been introduced in Mississippi to have feds decide wind vs water on claim disputes on hurricane losses. I have shared this link with several Linkedin groups for opinions and would like to share it here as well. Feel free to post your comments in response to this story. Do you think it will pass? What effect if any do you see as to how this would impact insurance carriers willing to write coverage in MS?

http://blog.al.com/live/2011/05/bill_would_let_feds_decide_win.html


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

May 11, 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 lin 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

February 11, 2011

We previously posted about the information learned about a Class Action lawsuit filed on behalf of BP adjusters working oil spill claims.

Here is a link to the original post if you missed it:

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.