Registration details on our May 2012 ClaimSmentor Roots and Wings Fundamental of Property Claims Adjusting Online live class

April 17, 2012

Yesterday, I posted information about our upcoming May 2012 five week live online training class for newly licensed adjusters in the following blog which also includes a link to our 125 question self-assessment test to see if this course will benefit you.

https://dimechimes.wordpress.com/2012/04/16/now-accepting-new-registrants-for-our-50-hour-fundamentals-of-claims-course-10-sessions-live-online-take-our-self-assessment-exam-and-see-if-this-is-for-you/

We are overwhelmed with requests for additional information and instructions for registration. We hope the following additional information will help you with your questions and registration information:

2012 ClaimSmentor Roots and Wings Fundamentals of  Property Claims Course Information

Thank you for your inquiry into our upcoming May 2012 Fundamentals of Property Claims Online LIVE class for newly licensed claims adjusters.

We recently wrote about this upcoming course in our social media outlets on Linkedin and in our forums as well as in this post on our Claims Adjuster Information blog  on April 16, 2012 here:

https://dimechimes.wordpress.com/2012/04/16/now-accepting-new-registrants-for-our-50-hour-fundamentals-of-claims-course-10-sessions-live-online-take-our-self-assessment-exam-and-see-if-this-is-for-you/

General Class Information- Dates/Times/ Format

This online LIVE training session will be held beginning the first week of May 2012. It consists of five weeks of training at two sessions per week held on Tuesday and Thursday evenings from 6:30-9:30 PM ET. We will provide the location on the internet to login to access all course material and to log in for classes to paid registrants. All material will be uploaded prior to the first session so class members can read the weekly pre-class reading assignments and class homework session questions at their own convenience to prepare for each upcoming class. All classes are LIVE and we value your input as we discuss the class material for each session to make sure you learn the material and your questions are answered. You will find each class very informative without rose colored glasses giving you the true picture of the property claims industry, carrier expectations, file requirements, employment options as either an independent adjuster or staff adjuster for an insurance carrier.

Please note that Memorial weekend will fall within the class term thus we will not host class Memorial weekend week to allow everyone to enjoy the holiday with family and friends thus we will finish up the course the second week of June 2012.

What is the cost to enroll in the ClaimSmentor Roots and Wings Fundamentals of Claims class?

The class consisting of the ten live sessions is $200.00 plus $25.00 for class material. This is a very reasonable $20.00 per class plus $25.00 for class material.  Divide that
down even further for the 50 class hours and you’ll find this price is unbelievably low.

How do I enroll in the class?

Enrollment is a simple two step process:

1)      Email dkmoroy@dimechimes.com to confirm your intention to enroll. Provide your full name, address,  phone numbers, and adjuster license number so we can begin to complete the registration process to be sure you are included in distribution of class information and emails.

2)      Payment which confirms your enrollment in the class is due no later than April 28, 2012. Payments are accepted through Paypal  at www. Paypal.com.  Paypal accepts payment in the form of credit cards, debit cards, and  electronic checks. Once you login to your Paypal account, you simply click on Send Funds tab at the top of the page. You then send funds to Debbie@Dimechimes.com.  Paypal will send you a receipt for your payment and we will acknowledge your payment and class confirmation.

3)      Refunds are only available for 48 hours after receipt of payment. If for any reason you do need to withdraw from the class at a later date, you will receive credit for any unused portion of your payment to attend any other session held during 2012 or 2013.

4)      Note there is a 20% discount offered to partner/spouses who register at the same time which helps those planning to work with an assistant who may or may not be a licensed adjuster but needs to know the claims protocol to assist you professionally. Just note on your payment in the comments who will be registering with you as an assistant to pay the discount.

Who will be instructing the course?

 

The course is created and hosted primarily by Deborah Moroy, Founder of ClaimSmentor, with over 35 years in the claims
industry with experience progressing through the claims ranks as an in office adjuster, field adjuster, reinspector trainer, claims supervisor, claims superintendent in both field and claim central in office operations, National Catastrophe team management which included supervision of both staff claim representatives and estimators as well as independent adjusters and call center operators and administrative support staff.

Thus the goal is to train you from the perspective of an insurance company claims management perspective so you know the true expectations to excel in the claims business.

You can view my complete profile and background on Linkedin along with recommendations for my work in positions held at:

www.linkedin.com/in/ClaimSmentor

I have taught this program to over 300 participants since 2006 and am amazed at the progress of these class members from the time they took the initial 125 question claim handling assessment test found on our blog to the professional responses to these same questions at the end of the class.

Does the class provide CE adjuster credits?

 

Not at this time. We teach this course for a most reasonable fee and to maintain that expense level, it is virtually impossible to obtain CE Credits from 50 states as we present this material to adjusters registered with ClaimSmentor throughout the USA and Canada. We will be providing CE credits with our extended version of this course in our field five week classes as they will be held in states with a large number of new adjusters making it possible to apply the CE  to the field classes.

Where can I find the class syllabus?

 

All 125 questions in our self assessment test are taught in an organized format to include adjuster resumes, independent fee schedules, independent contracts, agency and claims relationships, file requirements, estimate reconciliations for in office assignments, contents claims handling, additional living expense claims handling, catastrophe operations claim organization and carrier ratio expectations, bad faith claims handling, claim litigation,  working with attorneys and public adjusters, and much much more.

The full syllabus will be included in the class material for registered class members.

Will I obtain a Certificate of Class Completion?

 

Absolutely!

 

The class certificate is provided to all participants in one of two formats:

1)       If you participate in all 10 classes but chose not to submit each class pre-class homework assignment you will receive an Audit Only certificate verifying your attendance and participation in all 10 classes. We will be going over all pre-class assignment questions during each session so you will still acquire the information you need to learn applicable to each session. This option works well for those with a busy schedule which does not allow them time to do the homework questions but please note ALL participants must read all pre-class reading assignments so they can participate in discussions with each class.

2)      If you participate and complete all pre-class assignments, you will receive a full certificate of completion.

3)      NOTE: No certificates can be provided to any participant who does not attend all 10 class sessions without exception as we value the reputation of our classes and want to assure all  registrants receiving our certificates actually grasped the information important to excel in the claims industry.

Thank you again for your interest in learning more about our online classes at ClaimSmentor!

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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.


January 2011 classes for Property and Casualty Adjusters to begin soon! Register now!

December 28, 2010

We are hosting the following classes in January 2011. Registration information and full class syllabus info is now posted in our ClaimSmentor forums for the following courses:

1) Introduction to Claims Careers for newly licensed independent adjusters:

We will host a two night session on January 4, 2011 and January 6, 2011 live online at ClaimSmentor for those newly licensed adjusters who need to further their knowledge about opportunities in Property and Casualty claim training. We cover salary information for staff adjuster postions and fee schedules types and samples for independent adjusters. We cover resume requirements and how they differ in the claims industry as well as providing resume templates. We cover the differences in staff and independent adjuster careers, the differences in inside adjusting and field adjusting as well as information on catastrophe versus daily adjusting. These will be held from 6-9pm CST on the nights listed above.

For complete details send request to join ClaimSmentor to DkMoroy@Dimechimes.com as you must be a registered member of ClaimSmentor to sign up for the classes and to login to the forums for complete details.

2) Eight session Fundamentals of Property Adjusting course held Monday and Thursday nights beginning January 17, 2011 from 6-9pm CST live online. It is recommended you begin with the Claims Career Introductory courses in #1 above before taking this course. Course covers Additional living expense claim handling, contents claim handling, disaster mass file assignment handling, coverage question handling, all claim forms and samples, night spent with live claim management system to learn how to work with CMS assignments, file requirements and file order, and much much more. Same instructions apply about registering for ClaimSmentor to view complete syllabus and details on this course.

3) Liability claims handling for homeowner policies. Course covers medical bill review, liability claim reporting, recorded statement outlines and instructions, CPT and ICD-9 billing applicable to all medical payment and liability files. This is followed by sessions covering dog bite liability investigations and claim file requirements, premises liability claim handling, and dangerous instrumentality and intentional act claim handling. These liability classes will take place once each week for 5 weeks on Tuesday evenings or Tuesday day sessions. Complete details can be accessed once you follow instructions above to get registered for ClaimSmentor!


“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

June 22, 2010

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.


Supplemental Info on Geico Auto Adjuster Overtime Issues

February 27, 2010

It is just amazing the great information found while experimenting with Twitter this month for use in the claims industry.

One of the great finds today is a detailed article explaining the overtime issues in the case that Geico recently won by Weil Gotshal  law firm.  Their newsletter with a pdf  link to their article can be found on page 4 using this link.

We recently blogged with a link to the Washington Post articleon Geico’s win on these auto adjuster overtime issues  in this prior blog.


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

February 2, 2010

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

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

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

Here’s the link:

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

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

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

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

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