SINCE 1994 WITH SCA Silent Bids Being Accepted for 2015 SCA Golf Tourney “Eagle Sponsor” - see page 15 SCA members & guests to enjoy the 2014-15 Sacramento Kings March 20th game: Kings vs Hornets @ Sleep Train Arena 1 Sports Parkway, Sacramento, CA 95834 more at SacramentoClaims.org Code Upgrades CE Course OConnor on Meaning, Effects & Strategies at April 16 SCA
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Sacramento Claims Association News Network - March 2015
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SINCE 1994 WITH SCASacramento Claims Association News Network
Silent Bids Being Accepted for 2015 SCA Golf Tourney “Eagle Sponsor”
- see page 15
This Friday March 20, 2015
SCA Night at the Sacramento Kings is Sold Out!
SCA members & guests to enjoy the 2014-15 Sacramento Kings
March 20th game: Kings vs Hornets@ Sleep Train Arena
1 Sports Parkway, Sacramento, CA 95834more at SacramentoClaims.org
Code Upgrades CE Course OConnor on Meaning, Effects & Strategies at April 16 SCA
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ASBESTOS ABATEMENT | LEAD REMOVAL | DEMOLITION | MOLDBIO-HAZARD REMEDIATION | DRUG LAB REMEDIATION
Sacramento Claims Association News Network • February 2015 3
2015 SCA President Steve Moore, PE, CASpBarrish Pelham & Associates, Inc.
Hello again Sacramento Claims Association! The new year is definitely out of the gate and running at a brisk pace Since my last message, we have had two more successful events The 2015 Winter Party Gala was well attended and nearly everyone stayed true to the theme by donning some extravagant Mardi Gras masks. The room looked fabulous, the food was wonderful, the DJ kept us dancing, and the side games were great. Once again, THANK YOU to the SCA Social committee and Winter Party staff You did a wonderful job! Photos of the event should be available for viewing soon on the SCA website.
The February Luncheon was also well attended with roughly 47 people riveted to their seats by the presenters Enrique Marinez and Rob Forni of Ropers, Majeski, Kohn & Bentley (RMKB). The two gentle-men presented the 2014 Legal Update detailing the top ten cases for the year. RMKB will most likely be back as presenters later in 2015 for Ethics and Fair Claims Practices.
‘Beware the Ides of March!’ This infamous warning given to Julius Caesar before his betrayal has always brought a small cloud of gloom to the month of March. Well, I’m not buying it. I’ve been looking at the calendar and I see a lot of fun and exciting things in March, especially for the SCA! You’ve got the NCAA March Madness basketball tournament stretching over several weeks, the ‘should be a national holiday’ St. Patrick’s Day on the 17th, and most importantly the first day of Spring coinciding with the SCA Kings Game Social Event on the 20th. This is our first of two additional Social events planned for the year. This is an after work hours event and should be a great opportunity to develop new rela-tionships and strengthen existing ones. Sponsorships and tickets for this event have sold out! We
March Message from 2015 SCA President Steve Moore, PE, CASp
continue page 6
Embracing “March Madness”!
Join or Renew Your SCA Membership Now for 2015!The 2015 Sacramento Claims Association Membership Drive is now in full swing! Annual membership do provide a sig-nificant financial support to the organization. And, a strong membership helps to keep a non-profit like SCA viable and alive. Without all of us together there would be no SCA.
“This organization could not main-tain the strong standing we enjoy today without the support of all our members,” stated SCA President Steve Moore.
Overall membership and meeting attendance has been consistent and substantial. Still, the sense that there aren’t many adjusters at any given function remains pervasive.
“We continue to encourage the car-rier claims people and independent adjusters participate, and to attend and become more involved,” Moore added.
“The Sacramento Claims Association is always committed to maintaining a high degree of professional courtesy within our ranks.”
The organization has been actively taking measures to con-tinue to raise its standing within the community at large, as
well, contributing to local charitable causes at every turn.
There seems to be a bit of a revival of carriers supporting their claims people joining and supporting their local associations.
The SCA Board has opted to continue to offer annual FREE Memberships to insurance carrier adjusters. Comple-tion and submission of a simple membership application now allows all such claims people the benefits of membership.
Sign up or renew now at www.SacramentoClaims.org.
4 Sacramento Claims Association News Network • February 2015
MARCH 2015 • Volume XXI • Number IIIwww.SacramentoClaims.org
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Your 2015 SCA Executive Staff & Board of Directors
March Message from 2015 SCA President Steve Moore 2015 SCA Membership Drive In Full Swing!
Recent SCA Charitable Beneficiaries
“Umbrella Coverage” by Greg Roush
22nd Annual CCNC Plans Gaining Traction
Code Upgrades CE Course slated for April 16th SCA
SCA Night at the Sacramento Kings Basketball Game SOLD OUT!
Top Ten Cases Affecting 3rd Party Liability Claims at February SCA Luncheon
SCA 2015 Calendar of Upcoming Events
SCA Sacramento Claims Association News Network Service Directory Sponsors
Association News Network Job Connection 2014 SCA Street Team
Silent Bids Being Accepted for 2015 SCA Golf Tourney “Eagle Sponsorship”
Recent SCA Charitable
Beneficiaries include:
Sacramento Blue Star Moms
hope & opportunity for at-risk women with children
CSUSacramentoinsurance program
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Sacramento Claims Association News Network • February 2015 5
When most businesses consider an umbrella insurance policy they think about the insurance costs and the possible benefits of the cover-age. Some business owners then reach the immediate conclusion that they will never see a catastrophic loss so there is no purpose to incur the cost. “I am not at risk. My business doesn’t fit the profile for a significant casualty loss, so why invest in umbrella coverage? Why pay for a $5,000,000 umbrella policy, I don’t need it.”The above assumption might be a good starting point for any analysis. What would be considered a catastrophic accident? Large verdicts create serious financial risk in California:California Case: Construction site litigation against a general contractor and a subcontractor. Plaintiff fell from an incomplete catwalk and the plaintiff sustained a back injury that led to lumbar fusions. A subcon-tractor, that was not the plaintiff’s employer, settled out prior to trial for $400,000. After thoughtful consideration the general contractor made the choice to go forward with a civil trial. Result: A jury verdict against the general contractor in the amount of $2,475,281. California Case: Norika Uno’s Toyota after being struck by a vehicle driven by Olga Bello, suddenly accelerated off and reached speeds
of 100 MPH for over a quarter of a mile before her Toyota collided with a tree killing Ms. Uno. The initial collision with Ms. Bello was a low speed impact between the two vehicles. After a hard fought nine week trial in Los Angeles County Superior Court, a jury returned its verdict awarding $10,000,000 to the husband and son of Ms. Uno. The first example is not a classic catastrophic casualty accident be-cause the plaintiff did not lose a limb or sustain a life changing closed head injury. Yet, a substantial jury verdict. The second example is a catastrophic accident and a surprise for Ms. Bello. The jury found no negligence against Toyota for any design or manufacturing defects. The entire verdict was against Ms. Bello. Can your business satisfy a judgment in excess of your primary coverage of $1,000,000 without umbrella coverage? Segue to more common issues: What about construction defect litiga-tion with property damage allegations without the benefit of umbrella coverage? If you are a subcontractor on a large construction project, what is your risk? Some construction defect cases can easily run over fifteen million dollars to settle. If your company only has $1,000,000
Umbrella Coverage – Your last line of defense for general and auto liability.
By Greg Roush, Vice President - ClaimsPentaRisk Insurance Services, LLC
continued page 13
6 Sacramento Claims Association News Network • February 2015
look forward to sharing a great evening with everyone there.)
The SCA Board of Directors and I look forward to seeing you at the Kings Game.
Our next luncheon meeting will be held Thursday, April 16th (note, this meeting is one week later than our usual 2nd Thursday). The SCA is pleased to present a continu-ing education seminar entitled “Code Upgrades, Meaning, Effects and Strategy”, featuring presenter Michael J. OConnor. This session will run from 11:30 a.m. - 2:00 p.m., with CE credits available.
If there is someone on the Board you have not met yet, please make sure to approach any one of us and introduce yourself. We welcome your con-structive comments and ideas.
May this March Madness be your best yet!
22nd Annual CCNC plans gaining traction
“Hot August Claims” is shaping up to be one of the best CCNC events yet. The planning committee, comprised of rep-resentatives of local and regional insurance claims associations, is working diligently to uphold the organization’s long-standing tradi-tion and reputation for a top-notch continuing education conference and trade-show. 2015 CCNC President, Jack Corry, and Vice President, Tami Umland, both representa-tives of the Sacramento Claims Association, are leading a dynamic team working to put in place the accredited two-day series of seminars, along with the adjoining Trade Show event, Casino Night entertainment, and more.“Hot August Claims” is a theme befitting not only the Summer timing of the event, but in
a big way plans for a sizzling conference and trade show. With the early dates this year, the committee is positioning itself to get off on the right foot. Exhibit booth registration and sponsorship options are both already open and filling up fast, and early-bird registration pricing has been put in place. “We are excited about topics and speakers currently being lined-up for this year,” stated an enthusiastic President Corry. “CCNC is an event people look forward to, and we are com-mitted to making it the best we can,” he added. Amongst the programs is the day-long Earth-quake Claims Certification, that will once again be presented by Dan Dyce.Details and updates will be announced in the
Ever-learning, ever-growing, the Claims Conference of Northern Calfiornia, Inc. - a California non-profit corporation - continues with progress on the planning for the 22nd annual event.
To be held Tuesday and Wednesday, August 11-12, 2015,
RON HALL & ASSOCIATES, INCFIRE ANALYSIS AND RESEARCH
(800) 666-0622Tel(916) 635-3441
WWW.RHA-FIRE.COM
• Full Service Fire Investigation• Evidence Storage & Preservation• 7 Day Report Submission• Code Research11151 Sun Center Drive, Suite ARancho Cordova, CA 95670
coming weeks. It’s not too early to register to attend, and even book your hotel stay at the Hyatt Regency Downtown Sacramento. Site updates will be forthcoming at www.ClaimsConference.org, or Like the CCNC Facebook page: www.facebook.com/TheCCNC.
WATER DAMAGE CLAIMS• Electronic Leak Detection & Repair• Infrared Leak Testing• Sub-Slab Plumbing• Sewer Line Video Scans• Pools, Spas & Fountains
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Code upgrades are a common part of any property claim adjustment. This informative two hour presentation will familiarize the attendee
with relevant building codes, code enforcement authority, code revision cycles, building code sections dealing with existing structures, energy code upgrades, electrical upgrades, structural upgrades, life safety issues, and ac-cessibility. The most important part of the presentation deals with the cir-cumstances under which mandatory code upgrades are required. Michael OConnor is the principal engineer of OConnor Engineering, Inc. He has 37 years of continuous engineering experience in the fields of structural, civil, electrical, and mechanical engineering. Michael holds California licenses in all four engineering fields and holds the NAFI Certified Fire and Explosion Investigator designation. He is court qualified as an engineering expert in fire investigation, electrical engineering, mechanical engineering, and structural engineering.
Mr. OConnor holds a Bachelor of Science in Civil Engineering from U.C. Berkeley and a Bachelor of Science in Electrical Engineering from the University of New Mexico. He earned a Master of Science
Code Upgrades CE Course Meaning, Effects & Strategies at April 16 SCA
in Electrical Power Systems engineering from New Mexico State University. He also holds an Extension Diploma in General Metallurgy from ASM International.
Register now at: www.SacramentoClaims.org
Do you have an Informational/Educational article you would
like to contribute?Not looking for commercials,
but we know there’s a wealth of knowledge out there.
Please submit your material for 2015 consideration to:
Sacramento Claims Association News Network • February 2015 9
Top Ten Cases Affecting Third Party Liability ClaimsRopers Majeski Kohn & Bentley team outline the latest at February SCA Luncheon MeetingBy Lynna Harrison - Association News Network, Inc.
Members and guests of the Sacramento Claims Association were treated to the tag team of Robert M Forni and Enrique Martinez, partners in the law offices of Roper, Majeski, Kohn & Bentley, in hearing the duo speak
at the February 12, 2015 luncheon meeting. Originally scheduled as a trio (Pamela Cogan was unable to attend) the duo made the trek from San Francisco to share some good information.
Their presentation included a very comprehensive handout about ten cases decided in the last year and a half. One of their examples was "Moradi vs Marsh USA, Inc. (2013) 219 Cal.App.4th 886, dealing with Employer Liability for employees negli-gence. The issue: whether employer is vicariously liable for bodily injuries to third party arising from car accident caused by the employee while performing errand after work.Going and coming rule: Employers are exempt from liability for tortious acts committed by employees while on their way to and from work.
"Required Vehicle" Exception: Going and coming rule does not apply where: 1) use of a personal vehicle is an express or implied condition of em-ployment or the employee has agreed to make the vehicle available as an accommodation to the employer. Factors at the time of accident: Employer required employee to use her own car to perform work related duties on the day of the accident.
The court held, the employer was vicariously liable to third party for resulting damages.
Mr Forni can be reached at 650-780-1727,robert.forni @rmkb.com and Mr. Martinez 650-780-1679, [email protected] if you have any questions. Their firm has made available their ten case law review brochure for thirty-six years.The 50/50 Raffle drawing prize of $50. was won by April Wilkinson of David Morse and Associates.
10 Sacramento Claims Association News Network • February 2015
Sacramento Claims Association News Network • February 2015 11
CONTRACTORS - GENERAL/RESTORATION - CONTINUEDHALDEMAN CONSTRUCTION - Jason HaldemanP.O. Box 4244 www.hcbuilders.com • (530) 885.8085 Auburn, CA, 95604 [email protected] • Fax (530) 885.8985LAWTON CONSTRUCTION - Brett LawtonP. O. Box 6026 www.LawtonConstruction.com • (916) 434-9280Auburn, CA 95604 Fax (916) 434-2590MARK SCOTT CONSTRUCTION, INC.Residential & Commercial msconstruction.com • Pl. Hill: (925) 944-050224 Hour Em ServiceFairfield:(707)804-8880•Stockton:(209)982-0502PROBILT CONSTRUCTION - Roger Kolb3770 West Pacific Ave. [email protected] • (916) 455-1782Sacramento, CA 95820 Fax (916) 455-1783WINGARD CONSTRUCTION - Nichole Norton 24 Hr. Em (800) 232-7150One-Call Contractor for all your Lodi office: (209) 368-2464reconstruction needs [email protected] • Concord: (925) 689-9322CONTRACTORS - MICROBIAL REMEDIATIONALLIANCE ENVIRONMENTAL - Ed Work3545 Victor Street www.alliance-enviro.com • (408) 830-9700Santa Clara, CA 95054 [email protected] • Fax(408) 980-9749AMERICAN TECHNOLOGIES, INC. - Barry Metcalf/George Platt8440 Elder Creek Road [email protected] • (916) 388-2440Sacramento, CA 95828 Fax (916) 388-2445BELFOR USA - Grant Cody3132 Dwight Rd Ste 300 (916) 399-1865 • Fax (916) 399-9388Elk Grove, CA 95758 [email protected] BUILDRITE Wind, Water, Fire, Mold - 24 Hours (800) 870-0030Sacramento, Yuba City, Chico & Redding www.CRBR.comP.W. STEPHENS ENVIRONMENTAL, INC. - Jason Kettlehut3278 Swetzer Road www.pwstephensinc.com • (916) 790-4119Loomis, CA 95650 [email protected] SCENE/FATALITY CLEAN-UPCLEANRITE BUILDRITE Wind, Water, Fire, Mold - 24 Hours (800) 870-0030Sacramento, Yuba City, Chico & Redding www.CRBR.comENGINEERS - FORENSICBARRISH PELHAM & ASSOCIATES, INC. - Lisa Esquivel3001 E Street [email protected] • (916) 418-9100Sacramento, CA 95816 www.Barrish.com • Fax (916) 400-4874COMPLERE ENGINEERING GROUP, INC. - Gene Wilkins, P.E.Fire C&O, Property Liability, Thermography, Structural4230 Kiernan Av., Suite 210 [email protected] • (209) 545-8165Modesto, CA 95356 www.complere.com • Fax (209) 545-8170HAAG ENGINEERING COMPANY - Barbara LarsonLeaders in [email protected] • (949) 861-8847Forensic Engineering www.haagengineering.com • Fax (949) 861-8683OCONNOR ENGINEERING - Michael O’Connor/Chuck Thomas 1172 National Dr. Ste 100 (916) 640-0640 Sacramento, CA 95834 www.OConnor-Engineering.comENVIRONMENTAL - TESTING & CONSULTINGSIERRA ENVIRONMENTAL TESTING & CONSULTING, INC. - Chris Hintz P. O. Box 1563 www.SierraEnviro.com•(209)366-3684Woodbridge, CA 95258 (714)519-1366•Fax(866-612-8294
ALTERNATIVE DISPUTE RESOLUTIONERNEST A. LONG ADR - Ernie Long2630 J Street 916-442-6739 • Fax 916-4424107Sacramento CA 95816 [email protected] - DEFENSENAGELEY, MEREDITH & MILLER, INC. - Greg Meredith/Jim Keowen8801 Folsom Boulevard Suite 172 (916) 386-8282 • Fax (916) 386-8952Sacramento, CA 95826 [email protected] SCOTT - Lindsay A. Goulding350 University Avenue, Suite 200 www.porterscott.com • 916.929.1481 ext. 470 Sacramento, CA 95825 [email protected] • Fax: (916) 927-3706CONTRACTORS-ASBESTOS/LEAD/MOLD REMEDIATIONA-1 REMEDIATION - David Brooks4270 Pell Drive [email protected] • (916) 568-7624Sacramento, CA 95838 www.A1remediation.com • Fax (916) 568-7639ALLIANCE ENVIRONMENTAL - Ed Work3545 Victor Street www.alliance-enviro.com • (408) 830-9700Santa Clara, CA 95054 [email protected] • Fax(408) 980-9749AMERICAN TECHNOLOGIES, INC. - Barry Metcalf/George Platt8440 Elder Creek Road [email protected] • (916) 388-2440Sacramento, CA 95828 Fax (916) 388-2445CLEANRITE BUILDRITE Wind, Water, Fire, Mold - 24 Hours (800) 870-0030Sacramento, Yuba City, Chico & Redding www.CRBR.comJM ENVIRONMENTAL, INC. - John Moore & the JM TeamPO Box 2189 www.jmenvironmental.net • (916) 726-0304Granite Bay, CA 95746-2189 Fax (916) 726-0340LAWTON CONSTRUCTION - Brett LawtonP. O. Box 6026 www.LawtonConstruction.com • (916) 434-9280Auburn, CA 95604 866-990-5150 •Fax (916) 434-2590P.W. STEPHENS ENVIRONMENTAL, INC. - Jason Kettlehut3278 Swetzer Road www.pwstephensinc.com • (916) 790-4119Loomis, CA 95650 [email protected] ENVIRONMENTAL – Blake Roath Mold, Asbestos, Lead & General Demolition5037 College Oak Drive, Suite C [email protected] (916) 256-3899Sacramento, CA 95841 www.selectenvironmental.org Fax (916) 486-1357CONTRACTORS - ELECTRICALTUCKNOTT ELECTRIC CO. - Robert A. Tucknott6850 Regional St. Suite 110 [email protected] • (925) 931-0800Dublin, CA 94568 www.Tucknott.com • Fax (925) 931-0817CONTRACTORS - GENERAL/RESTORATIONB LINE CONSTRUCTION - Mike Baker430 Lea Way (916) 476-0808Sacramento, CA 95815 [email protected] USA - Grant Cody3132 Dwight Rd Ste 300 (916) 399-1865 • Fax (916) 399-9388Elk Grove, CA 95758 [email protected] BUILDRITE Wind, Water, Fire, Mold - 24 Hours (800) 870-0030Sacramento, Yuba City, Chico & Redding www.CRBR.comDH CONSTRUCTION - Ken Daley/Robert King4324 Orange Grove Ave. www.DHfirerestoration.com • (916) 481-3297Sacramento, CA 95841 [email protected] & COMPANY CONSTRUCTION - Jeff Black9857 Horn Rd [email protected] • (916) 366-5695Sacramento, CA 95827 Fax (916) 361-9043
Thanks to all our paid directory listing sponsorsSacramento Claims Association News Network Services Directory
in primary general liability coverage and your share to settle a con-struction defect claim is $2,000,000, your hope is that your primary insurance carrier will protect you and pay the $1,000,000 in coverage and that will be the end of the problem. Right? Most likely that hope is dashed by the general contractor. Most general contractors have express indemnity rights built into their subcontracts and to get the construction job you probably agreed to defend and indemnify the general contractor for property damage. If your company has adequate assets, the $1,000,000 (primary insurance funds) is not going to close the deal for $2,000,000. Get out your check book because the general contractor or its insurer will demand full contribution for the property damages caused by your work. If your company has a $5,000,000 umbrella insurance policy, it can quickly satisfy the express indemnity obligation and close the $1,000,000 gap. More risk to consider: Do you know that a primary commercial general liability policy has an aggregate policy limit? An aggregate limit is the most that will be paid on your behalf in one policy year for multiple occurrences. In other words, your primary insurance policy of $1,000,000 has an aggregate limit of usually $2,000,000. That is the maximum dollar amount your insurer will pay to settle more than one occurrence in a single policy year. If your company incurs over $2 million in separate losses during one policy year, your primary insurer would only pay up to the $2 million aggregate limit. The uninsured loss
is then your problem. Without the additional protection from an um-brella policy this situation sometimes leads to a company’s bankruptcy.What more can an umbrella policy do for your company? Crisis Response Coverage: Most umbrella insurers will reimburse reasonable and necessary crisis response costs or provide crisis man-agement for serious casualty losses. Having legal representation, media control and counseling experts available during a crisis is invaluable. An umbrella policy can help you protect your business’ single greatest asset … its reputation. Defense: Once your primary insurance coverage is exhausted by previous claims, your umbrella coverage will be there to protect your company from civil litigation. Defense costs can be a significant risk. $100,000 plus is not uncommon. Your umbrella insurer will step in when your primary limits are exhausted and pay for those defense costs. A substantial savings for your company.More Coverage: Subject to terms, conditions and exclusions, um-brella coverage will also respond to losses not included in primary insurance. The only caveat to this coverage is a self-insured retention that your company must first satisfy to trigger the umbrella policy. These self-insured retentions are usually as low $10,000 for enhanced protection but keep in mind commercial umbrella insurance typically will not cover losses associated with Errors and Omissions, Pollution or Employment Practice claims. As discussed above, your business may fit the profile of a high casualty risk more easily than you think, so investing in an umbrella policy could be your company’s best solution for a long future.
Umbrella Coveragecontinued from page 5
14 Sacramento Claims Association News Network • February 2015
2014 SCA Street Team!Direct communication still reins as the most effective way to reach out to the overall community. SCA is proud to announce its new “Street Team” volunteers. Get to know one today!
POSITIONS AVAILABLESR CASUALTY CLAIMS ADJUSTER York Risk Services Group, Inc is currently seeking candidates to fill a SR Casualty Claims Adjuster position. Qualified candidates will have a minimum of 10 years GL experience with 5 years public entity experience preferred. Visit our website www.yorkrsg.com/careers and appy to position SLASACRAMENTO01071501. Will consider candidates in the Bay Area as well.
CLAIMS INDUSTRY PLACEMENTSGary E. Mingus, GEM Search Group provides both Temporary, Temp to Hire and Direct Hire placements in the Insurance Industry also, placing Vendors related to the Insurance Industry. Call Gary Mingus 866-935-4426 or email to [email protected]. Serving the Insurance Industry since 1995.
PROPERTY RESTORATION ESTIMATORS/PROJECT MANAGERSBELFOR Property Restoration is seeking the best Property Restoration Estimators/Project Managers to join our team. Our Sacramento, Modesto, San Jose, San Francisco and Santa Rosa locations are expanding in both large loss and small loss op-portunities. Restoration, Construction, Insurance Program, and Xactimate experiences preferred. We offer stability, world class training, travel, company vehicle, virtually boundless career op-portunity, and a full benefit package. Applicant information will be viewed with absolute confidentiality by GM level only E-mail resume to: [email protected]
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Run Your Ad Network-Wide for a net rate of just $144/mo.Next Deadline for submissions is March 20, 2015