Audit 101 - Do's and Don'ts, Pet Peeves and Pitfalls

No cost to attend

Audit 101 - Do's and Don'ts, Pet Peeves and Pitfalls

This webinar will examine the roles played by industry professionals, corporate counsel and law firms and how to collaboratively work through the audit process. Specifically, we will examine the "dos and don'ts" of audits, identify pet peeves of the various players, and provide practical tips on how to avoid audit pitfalls.

Date: Wednesday, October 22, 2014
Time: 12:00 PM - 12:30 PM EDT

*The posting of this article is for informational purposes only, as a courtesy to our reading audience. Provencher & Company does not own, has in no way been compensated for the sharing of this information, and content of said article belongs to that of the originating author. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

Home Insurance Liability Coverage And Bees

Summer time is full of picnics, fun times and outside activities. While out on her patio, a next door neighbor is stung by a bee and notices that you have a huge beehive hanging from an overhang. The neighbor says she is calling a lawyer to sue you for her injuries. Should you be worried? See the attached article for one insurance advisor’s opinion.

Homeowners liability coverage: Can it handle bees?

By Jack Hungelmann • Bankrate.com

Dear Insurance Adviser,

We have a honey bee hive on our roof that is home to a couple dozen bees, and we recently were told by a neighbor that she would be contacting her attorney because she got stung. These bees have never bothered us at all. If she sues us, would the liability coverage in our home insurance take care of any or all of the lawyer's fees? What about any damages? 

-- Sally

Dear Sally,

Good news! Home insurance policies pretty much universally include worldwide personal liability coverage to a limit of at least $100,000 for any damages. Defense costs are covered separately and completely until the full liability limit has been paid to the injured party.

Limits higher than $100,000 are available at minimal extra cost. For example, the additional cost to raise the limit to $500,000 is as low as $20-$30 a year. Additional liability coverage is one of the best buys in the insurance business. The extra liability protection comes with continued defense coverage until the higher limit has been paid in damages.

As an aside, it doesn't seem like your neighbor has much of a case. You're not raising bees and don't have a honey-making operation. You are just a homeowner peacefully coexisting with nature. Some bees have adopted your roof as their home.

Where is the negligence? Even if it's true that one of your bees did sting her, she would have to prove that the guilty bee came from your hive. Good luck with that!

I hope that helps.

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Ask the adviser

To ask a question of the Insurance Adviser, go to the "Ask the Experts" page and select "Insurance" from the drop-down box. Read more Insurance Adviser columns.

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*The posting of this article is for informational purposes only, as a courtesy to our reading audience. Provencher & Company does not own, has in no way been compensated for the sharing of this information, and content of said article belongs to that of the originating author. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

Severe Storms Rake Areas From Texas to Kentucky

Severe Storms Rake Areas From Texas To Kentucky

A powerful cold front produced towering clouds, severe thunderstorms and torrential rain from the Lower Mississippi Valley and the Deep South into the Ohio Valley and Upper Midwest late Thursday into Friday.

At one point, a squall line extended from Michigan to Texas. 

On yesterday, October 2, 2014 , hail and damaging winds, as high as 60 mph, were reported across north Texas as severe weather travels through the area. High winds have led to damage across north Texas, Arkansas, Louisiana, Arkansas, and southeast Missouri. Tornadoes spun up in Arkansas and Missiouri. A brick wall crumbled and came down at the popular DFW Stockyards, huge trees were downed and almost 1 million people were without power in the Dallas-Forth Worth metroplex. 

Power crews worked early Friday to restore electricity from Texas to Kentucky. A power outage forced the University of Texas at Arlington to close on Friday. The large storm system continues to make its way across the eastern United States on Friday and through the weekend.

With a seasoned team of adjusters located throughout the states of Arkansas, Texas, Louisiana, Kentucky and Missouri, Provencher & Company stands ready to assist all of our client's claim evaluation needs. For commerical or residential property loss assistance, call 866-722-5246. 

Send your assignments to us directly at claims@provencherclaims.com or complete our online assignment form HERE.

Asbestos Suits Against Employers Present New Risk for Employer's Liability Insurers

The authors of this article have spotlighted an emerging issue regarding employer’s liability coverage and asbestos cases in Pennsylvania and Illinois. Since plaintiffs can now bring suit against an employer outside of the exclusivity of Workers Compensation, the relatively low cost Employer’s Liability coverage may see a significant increase in claims and the amounts of those claims. It is certainly something that liability adjusters need to be aware of when investigating such losses.

Insurance Law Update

Asbestos Suits Against Employers Present New Risk for Employer’s Liability Insurers

Two asbestos hotbed jurisdictions, Pennsylvania and Illinois, have recently opened the door to long-tail occupational disease claims against employers in the tort system.  These decisions held that the exclusivity provisions of the applicable state workers’ compensation acts do not prohibit employees diagnosed with occupational diseases long after their retirement from suing their former employers in the tort system alongside the traditional panoply of asbestos defendants.  Employers and their employer’s liability insurers should be aware of this new risk and the issues it may present going forward.

In Pennsylvania – as in almost any other state – the Workers’ Compensation Act is and has been the exclusive means for an employee to recover from his or her employer for workplace-related injuries.  Certain enumerated “occupational diseases,” such as asbestosis, are included within the act’s ambit provided that they occur “within three hundred weeks after the last date of employment . . .” 77 P.S. § 411(2).  This 300-week provision had been interpreted as a statute of limitations and/or repose, closing the door on claimants’ recovery from employers when a latent disease manifests after 300 weeks.  Therefore, employees could not sue their employers in the tort system because of the workers’ compensation exclusivity provision, nor could they pursue workers’ compensation benefits because of the statute of repose. 

The Supreme Court of Pennsylvania abrogated this long-standing interpretation in Tooey v. AK Steel Corp., 81 A.3d 85 (Pa. 2013).  The court held that because the occupational disease claims manifesting outside the 300-week period are not covered by the act, the act’s exclusivity provision does not apply, and employees are free to sue their former employers in tort.  Similarly, in Illinois, the Workers’ Compensation Act and Workers’ Occupational Diseases Act contain exclusivity provisions that bar employees’ direct tort actions against employers for workplace injuries.  Under those statutes, an employee must file claims within three and 25 years, respectively. 

In Folta v. Ferro Engineering, (Ill. App. Ct. 1st Dist. June 27, 2014), an Illinois intermediate appellate court held that the Foltas could maintain a tort claim against James Folta’s former employer because he first discovered his asbestos-related injury outside of the acts’ statutes of repose.  Unlike Pennsylvania, where a legislative amendment to the workers’ compensation statute appears to be the only “fix,” there remains a possibility that Folta is reversed on appeal or that the Illinois Supreme Court overrules Folta in another case.  The defendant in Folta filed a petition for leave to appeal, which remains pending.

While the traditional asbestos products and premises defendants seek coverage from their historical general liability insurers, commercial general liability policies are unlikely to provide coverage to employer defendants because of the policies’ employer’s liability exclusions.  Instead, employers may look to their workers’ compensation/employer’s liability policies.  Employer’s liability coverage exists “to ‘fill the gaps’ between workers’ compensation coverage and an employers’ general liability policy… to protect the insure[d] from tort liability for injuries to employees who do not come under the exclusive remedy provisions of workers’ compensation.”  See Erie Ins. Prop. & Cas. Co. v. Stage Show Pizza, JTS, Inc., 210 W. Va. 63, 68, 553 S.E.2d 257, 262 (2001).  Tooey and Folta have created a new “gap,” and that gap may widen into a chasm, as Philadelphia’s The Legal Intelligencer reported on June 3 that courts are “universally” accepting plaintiffs’ attempts to join employers in pending mesothelioma cases, and that virtually every new filing names employers as defendants.

Employer’s liability coverage is fundamentally different and much more limited than general liability coverage.  Because this coverage was offered to fill the narrow “gap” between general liability and workers’ compensation coverage, it was offered inexpensively.  As a result, employer’s liability coverage often includes high deductibles (or loss reimbursement provisions) and low aggregate limits.  Some employer’s liability coverage forms include time limitations, limiting coverage to claims filed against the employer within three or five years of the policy’s expiration date.  Further, most employer’s liability coverage contains specific trigger language, limiting coverage to those policies in effect only on the last date of the worker’s exposure to hazardous conditions at the workplace.  Therefore, the “continuous trigger” applicable to general liability policies is unlikely to apply to employer’s liability insurers.  Employers risk only being able to access a single policy year that is subject to a high deductible and low aggregate limit (with no excess coverage available). 

It remains to be seen whether the decisions in Pennsylvania and Illinois represent an emerging risk that may spread to other jurisdictions, or if the legislatures of both states will react swiftly to amend their respective states’ laws.  For now, however, employers and their employer’s liability insurers should be prepared to address these potential newfound liabilities.

Reprinted from:

Gordon & Rees LLP

Copyright © 2014 Gordon & Rees LLP
Our address is 275 Battery Street, Suite 2000, San Francisco, CA 94111, United States

*The posting of this article is for informational purposes only, as a courtesy to our reading audience. Provencher & Company does not own, has in no way been compensated for the sharing of this information, and content  of said article belongs to that of the originating author. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

They Had Another Thing Coming....

Happy  200^th  Anniversary 

of the Star Spangled Banner!

Following the Battle of North Point, British troops marched to Baltimore, an economic, shipbuilding hub that was the center of privateer activities against British shipping. The British, expecting to easily disperse the 250 man militia they had encountered at North Point, were shocked to encounter over 12,000 well-armed Americans  in prepared positions on the outskirts of Baltimore. 

What Happen to Major General Robert Ross?

Happy  200^th  Anniversary 

of the 

Star Spangled Banner!

The British general who burned Washington, Major General Robert Ross, was himself killed by two 14-year old sharpshooters with the 3rd Maryland militia Brigade at North Point as he led troops against Baltimore. Sadly, the two boys themselves did not survive the battle, but were immortalized in the Battle Monument in Baltimore. 

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Provencher & Company Launches New Website & Social Media

Welcome to Provencher & Company

Provencher & Company is pleased to announce the launch of their new website, designed with a fresh new look and user-friendly navigation, updated with the latest information about our company and the new services we offer, which include:

· General Liability Claims

· Construction Defect

· Slip & Fall

· Product Defect

· Forensic Accounting, CPA

· Business Interruption (first & third party)

· Fidelity & Bond

· Employee Dishonesty

· Litigation Support

· Appraisal & Umpire

Check out the built-in interactive map.  Our clients have been asking for an on-line interactive map showing where our adjusters are located -- ask and you shall receive!  You can click on a dot and map that adjuster to your loss.  Of course we never intended for this to replace speaking with someone live in our Claim   Center.  If you don’t see a dot close enough to your loss, call our     National Claim Center to see if we can arrange for a waiver of some travel time and mileage, based on size of loss.  You can also zoom in on a   specific state to see more clearly the exact location of the resident adjuster.

Did someone say Social Media???  Yes, Provencher & Company has jumped in with both feet.  We are now on LinkedIn, Facebook, Twitter, Pinterest, and we maintain a Blog. Follow us via your favorite social media site by hitting Like or Follow on our company page.  We try to keep everyone current with industry specific information; check out our series on Raiders of the Lost Profits.  After a major storm, let us be your eyes and ears on the ground.  We’ll be posting photos to show you firsthand how wide spread the damage really is; don’t rely on the sensationalism of the media!  Have a new interest category you would like us to include, contact  Julie Rock-Chatellier.  Julie is our Social Media Manager. 

We hope you will enjoy browsing our new site, finding more options and information each time, and it will be yet another tool for strengthening our business relationship.  Be sure to check out the video message from Jerry Provencher, CEO/Executive General Adjuster, located at the bottom of our Homepage.

For more information, please feel free to reach out directly to Jim Abbott, VP Business Development &  Client Relations. 

Equal Opportunity Arsonists

Happy  200th  Anniversary 

of the 

Star Spangled Banner

Americans were equal opportunity arsonists: a year before British forces burned Washington D.C., Americans  sacked and burned York (present-day Toronto), the capital of Upper Canada. After an ammunition explosion at a garrison killed 300 Americans, irate American soldiers responded by burning York’s provincial parliament and other public buildings. A British imperial lion looted by the Americans is still possessed by the U.S. Naval Academy.

2014 CYBER LIABILITY SUMMIT

Attendees will come away with a full understanding of the risks, exposures, development of claim activity and trends in the areas specific to Data and Network Security, Privacy & Social Media, and the types of cases that result from such. The distinguished panel of presenters will discuss the essential cyber liability topics to ensure you have the most comprehensive and up-to-the-minute information in an ever changing environment.

Register at www.TheCLM.org/Events/CLS2014
Cost: $99 Fellows/$399 Members
CE and CLE Pending

Keynote Speaker

• Thomas Finan, Senior Cybersecurity Strategist and Counsel
  U.S. Department of Homeland Security

Summit Speakers

• Austin Berglas, Assistant Special Agent in Charge; Cyber Branch
  FBI
• Thomas Kang, Direct of Privacy Services
  ACE
• Joshua Ladeau, Underwriter
  Allied World Assurance Company, Ltd.
• Paul Nikhinson, Breach Response Manager
  Beazley
• Katherine Keefe, Head of Breach Response Services
  Beazley
• Antonio Trotta, Senior Claim Counsel
  CNA Insurance
• Brad Boucher, Delivery Management Lead
  McGraw Hill Financial
• John Wurzler, President
  OneBeacon Technology Insurance
• Ziad Kubursi, SVP & Head of M&PL Division
  Philadelphia Insurance Companies
• Scott Umstot, Broker
  RT Specialty
• Peter Foster, Sr VP Network Security & Privacy, Media, Technology
  Willis
• Jeremy Gittler, Assistant Vice President, Claims Manager
  XL Group
• Michael Weil, Director - National Computer & Cyber Forensics Leader
  Deloitte
• Peter Garza, Computer Forensics Consultant
  DTI Global
• Ty Sagalow, President
  Innovation Insurance Group, LLC
• Tim Ryan, Director - Cyber Investigatons
  Kroll
• Mark Greisiger, President
  NetDiligence
• Rocco Grillo, Managing Director
  Protiviti
• Craig Hoffman, Attorney
  Baker & Hostetler LLP
• Theodore Kobus, Attorney
  Baker & Hostetler LLP
• John F Mullen, Attorney
  Lewis Brisbois Bisgaard & Smith LLP
• Stuart Panensky, Attorney
  Traub Lieberman Straus & Shrewsberry LLP
• Dianna McCarthy, Attorney
  Winget, Spadafora & Schwartzberg, LLP

*This posting is for informational purposes only, as a courtesy to our reading audience. Provencher & Company has in no way been compensated for the sharing of this information. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.

Did The Star Spangled Banner Originate with High Insurance Rates?

During the War of 1812, British Navy and commercial shipping were not seriously dented by American privateers, but privateers did take their toll on the cost of doing business. Alarmed by presence of American privateers and ships with letters-of-marque operating even in the British home waters, insurance companies jacked up rates. British shipowners and insurance companies suffered heavy losses, and British vessels paid high insurance rates just to cross the Irish Channel after American privateers began operating in British waters. This led wealthy merchants to complain loudly to Westminster demanding they to do something about the problem. 

This may have led to the demise of Admiral Sir John Borlase Warren's career; the British Naval leader in the West Atlantic theater complained about how privateers with their speed and mischief had made his job all but impossible. Finding his job impossible got him sacked after his final demand for more help against the privateers. This may explain why his replacement, Vice Admiral Sir Alexander Cochrane chose to assault Baltimore. The city was the privateering capital of America, dubbed "a nest of pirates" by the British, perhaps setting up that memorable confrontation that launched the American anthem.

About the Author:

Jerry Provencher

CEO/Executive General Adjuster

Provencher & Company

Professional Claim Services

So, you think you know Fire Insurance?

So, you think you know Fire Insurance?

At the turn of the Last Century, the best minds in Fire Insurance were directed to the riveting  issue of apportionment of losses under non-concurrent policies. As the respected W. N. Bament, General Adjuster of the Home Insurance Company wrote in 1922: “ It has commanded the attention on the fire insurance business for nearly a century, and although many rules have been devised, the prospect of discovering the philosopher’s stone is a remote as ever. “ 

In the name of fame, glory and a gift card, which of the following was 

NOT an accepted method of apportionment?

The Reading Rule

The Albany Rule

Gradual  Reduction Rule

The Modified Reading Rule

The Limited Inability Rule

The Modified Finn Rule

The Kottabos Rule

The Continuity Error

The Rice Rule

The Giesse Rule

The Morristown Rule

Submit your answer via LinkedIn, Twitter or Facebook comment and we will do a random drawing of the correct answers to determine the winner of a gift card courtesy of Provencher & Company. Drawing will be held September 30, 2014.

Jerry Provencher
CEO/Executive General Adjuster

Provencher & Company
Professional Claim Services

 *Winning recipient must agree to have their name publicly announced on social media in order to receive the prize.*

Fun Friday: Can You Find The Fire Dog?

The Adjuster

The Adjuster

“If adjusting be an art, then is the thoroughly competent adjuster an Artist of no mean order of talent; for there are few callings or professions requiring so man essential qualification to enable him to cope successfully with the multitudinous phases usually presented by complicated losses, whether such complications arise from conflicting and non-concurrent policies, or from the villainies of shrewd operators bent upon fleecing insurance companies.”

Jeremiah Griswold, General Adjuster
Handbook of Adjustment of Loss Or Damage by Fire
Insurance Monitor, New York. 1868

2014 COVERAGE COLLEGE

The eighth annual White and Williams LLP Coverage College® is coming to the Pennsylvania Convention Center on October 2, 2014. The College provides an opportunity for insurance claims professionals to engage in a rigorous study of a diverse insurance coverage curriculum. Last year’s Coverage College brought together 600 students representing more than 150 companies from 19 states.

Students can choose from 16 Masters Classes taught by experienced White and Williams lawyers. In addition, a renowned policy holder counsel will discuss the most prevalent mistakes and miscalculations made by insurers and their counsel.

The College also includes breakfast, lunch, two breaks and a cocktail reception, allowing students to interact and engage with the faculty, fellow students and sponsors throughout the day.

To celebrate the eighth annual Coverage College, we will be holding eight weeks of contests and games leading up to the event. Participate on LinkedIn, Facebook, Twitter and Instagram for your chance to win! Starting August 7, which marks 8 weeks before Coverage College, we'll post a contest on one of our social media accounts every Thursday. Participate to win prizes that will be given out at this year's College!

When

Thursday, October 2, 2014

8:00 AM - 5:00 PM

Where

Pennsylvania Convention Center

1101 Arch Street

Philadelphia, Pennsylvania 19107

Labor Day Office Closing - Monday Sept 1st

The Provencher & Company National Claims Center will be closed this coming Monday, Sept. 1 in recognition of Labor Day.

AS ALWAYS

24-Hour Emergency Response

is available by calling

(866)722-5246

We Hope Everyone Has A Safe & Happy Holiday!

Technology Overload

Texting.  Phone calls.  Emails.  In today’s fast paced insurance industry, you must be available 24/7, 365 days a year and have a close ear to your clients.  Our worst fears are no cell service or loss of electricity.  The loss of information.

However, would slowing down assist us more than improving technology?  This article, originally published by PropertyCasualty360 advocates its writer’s opinion that maybe we should all slow down a bit.  Spend more time with clients.  Take the time to understand their needs.  Take time to process all the information that technology permits.  I agree, we should all slow down.  Do you? 

Read More Here 

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Submitted by:

Brian Single

Sr. Claim Examiner

2014 LITIGATION MANAGEMENT INSTITUTE

Only 10 Spots Remain - Register Today!

In its fourth year, the prestigious Litigation Management Institute is a professional development opportunity like no other:

• Hosted by Columbia Law School in New York
• Graduates earn the CLMP (Certified Litigation Management Professional) designation
• Curriculum includes classroom instruction and valuable group projects with quality interaction among group participants
• Students learn the business of litigation management, helping to bridge the gap between client and attorney knowledge

Some of your colleagues who will be attending:

Laura Aznavoorian, Gallagher Bassett Larry Beemer, QBE Lorenzo Berenguer, XL Group Michael Brown, Fort Orange Claims Service Dorothy Capers, US Foods Inc. Lynne Cavallo, York Frank Chang, Uber David Cohen, CNA Insurance Carol Coursey, American National Property & Casualty Company Michelle Dadisman, BBA Aviation USA, Inc. Marillyn Damelio, Nationwide Insurance Company Tim Diveley, Fireman's Fund Insurance Company Laura Farjadian, Navico, Inc Joseph Gallo, California Insurance Guarantee Association William Garcia, Liberty Mutual Insurance Helen Gillcrist, Liberty Mutual Insurance Jeanette Hernandez, State Auto Insurance Companies

Jennifer Kaleta, Viad Corp. Scott Klingsporn, XL Group Chris Lisle, Wal-Mart Stores, Inc. Colleen Lyons, Liberty International Underwriters Vic Marmo, Marriott Vacations Worldwide Corporation Lauren McBride, Publix Super Markets, Inc. Robert McCarthy, Nationwide Insurance Company Christopher O'Meara, Farm Family Casualty Insurance Company Michael Reid, Accident Fund Holdings, Inc. Ann Schnure, Macy's, Inc. Jennifer Sherber, Health Care Stabilization Fund Stephanie Smith-Evans, Chubb Peter Uzzi, ACE Roeg WIlliamson, School Claims Service, LLP Dan Winkler, Westfield Group Jennifer Zambrano, avisbudget Mike Zeoli, Chubb

Chancellors

• Larry Beemer, QBE
• Julie Fortune, Sr. Vice President and Chief Claims Officer, Arrowpoint Capital
• Mari Leigh, Senior Partner, Meckler Bulger Tilson Marick & Pearson
• John McGann, General Counsel, CLM

LMI

Columbia Law School 

New York 

October 17 to 19 

Needless to Know Info!

5-CE Sessions, 7-CE Credits, Courtesy of Donan

DONAN CE Seminar on Thursday, September 11^th, 2014

5-CE Sessions, 7-CE Credits, Courtesy of Donan

When: Thursday, September 11, 2014

Where:  Holiday Inn 2261 N. Causeway Blvd. Metairie, LA 70001

Time: 8AM – 4PM

Classes are completely free for adjusters and lunch will be provided.

Commercial Roofing 101

Agricultural Equipment Fires 101

Successful Subrogation 201

Water Losses: Plumbing and Appliances

Asphalt Roofing 201

Click here to see invite details and reserve your ticket.

This event is FREE, but registration is required. 

Space is limited… so please RSVP by September 2^nd

*This posting is for informational purposes only, as a courtesy to our reading audience. Provencher & Company has in no way been compensated for the sharing of this information. The use of or enrollment in any classes, seminars, training, etc. in no way constitutes or implies any endorsement of the provider of said programs. Provencher & Company shares no financial obligation to attendee or organizer.