East Bay Claims Association News Network - Sept/Oct 2014

Sept/Oct 2014 Volume XXII Number IX

w w w. EastBayAdjusters.org

Since 1993 with East Bay!

Richard Arneal, Esq

Join The EBCA for the October 8, 2014

Morning CE Course

Updates in California Construction Defect Law at

Zio Fraedo’s

611 Gregory Lane, Pleasant Hill, CA 94523 9:00 a.m. Check-in/Registration 9:30-11:30 a.m. CE Course - 2 credit hours Followed by Regular Luncheon Meeting - See page 7

Join the EBCA

Wednesday

October 8, 2014 in welcoming CE Seminar Presenter

Richard G. Arneal, Esq. Van de Poel, Levy, Allen & Arneal, LLP

2

East Bay Claims Association News Network • Sept/Oct 2014 The East Bay Claims Association is a charitable and educational organization that is dedicated to the betterment of Insurance Claims Professionals, through: continuing education; industry knowledge and contacts; and a strong commitment to integrity and respect in networking.

2014 OFFICERS

President

Vice President

Secretary

Treasurer

Joe Baughman

Gemma Houser

Michelle Windsor

John Ehlert

(925) 788-3875

(510) 803-7069

(925) 872-6333

(925) 469-8000

SRI Environmental

Paul Davis Restoration

jbaughman@srienviro.comm

CRDN

michelle.windsor@crdn.com

gemmahouser@hotmail.com

JR Structural

Coast Construction Company

john@jrstructural.com

jodi@coastconstruction.com

2014 BOARD OF DIRECTORS Ray Depa

Crawford & Co. Speakers Committee

Bryan Harrison Association News Network, Inc. Newsletter/Webmaster

Robert Mah RGL Forensic Accountants Finance Advisor

Lynna Harrison Association News Network, Inc. Membership Chair

Stevan Muir AAA

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Past President

Jodi DeVillier

Karin Landry Van de Poel, Levy & Allen, LLP Legal Counsel

Kathleen Taylor Paul Davis Restoration East Bay CCNC Voting Rep/Special Events

(510) 533-7168

Eric Lewis CRDN Greater Bay Area Golf Tournament Committee

Lisa Winn TempHome Services CCNC Voting Rep

East Bay Claims Association News Network • Sept/Oct 2014

CE Credits for October 8th Morning Seminar!

3

October message from 2014 EBCA President, Joe Baughman SEPT/OCT 2014

VOLUME XXII . NUMBER IX

EBCA is on a roll.

2 3 5 6 7 9 10 11 12

I’d like to, once again, extend a big thank you to our Golf Tournament Grand Sponsor, Easton Construction Group, as well as all of our other sponsors and participants. To all the Volunteers that helped out with the tourney, thank you! We could not have pulled it off without you!!

• 2014 EBCA Officers & Board of Directors • President’s Message EBCA Designated Charitable Beneficiaries • EBCA 2014 Calendar of Events • Social Media Investigations at September EBCA • “Morning CE Course: Updates on Calif. Construction Defect Law - “Super Atty” Richard G. Arneal - regular luncheon to follow • East Bay Claims A.N.N. Services Directory • Association News Network Job Connection classified ads • Perils & Pitfalls of Winery Claims at November EBCA • Join EBCA NOW & SAVE for 2015!

www.EastBayAdjusters.org

It’s been a great several months. With the tremendous success of our 13th annual Golf Tournament in July, followed by the CCNC in August, and a fine luncheon on Social Media Investigations,

A big thanks to our September speaker, Brad Balentine, SIU Director with David Morse & Associates, for his most insightful presentation on the Use of Social Media in Claims Investigations. He brought an in-depth look on the do’s and don’ts, and what to look for out there. It was a very interesting perspective on the social media age we all live in today.

October 8th, we are very pleased to present a Great morning session CE class. The class will be led by “Super Attorney” Rick Arneal, and will be on Liability Updates in CA Construction Defect Law. See details on page 7. The class will be held on our normal lunch day, from 9:30-11:30, with the regular luncheon to follow. So please plan to attend, tell a friend, and RSVP. Our Early-Bird Membership Drive is now in effect! Join or renew between now and 12/31/14 for 2015, and save! continued next page

EBCA Designated Charitable Beneficiaries Include: 3 Bay Area Crisis Nursery

3 Childrens’ Hospital Oakland

3 Insurance Industry Charitable Foundation 3 Food Bank of Contra Costa & Solano Counties

3 American Foundation for Suicide Prevention

4

East Bay Claims Association News Network • Sept/Oct 2014

President’s Message continued from page 3

I invite you to do so now. You can go to our website www. eastbayadjusters.org to become a member or feel free to contact our Membership chair, Lynna Harrison for, more information. Lynna may be reached at (925) 785-7021 or lynna@associationnewsnetwork.com.

Please do not forget to respond to our meeting reservations Evite, or call Michelle Windsor- Baughman at (925) 872-6333 or mdutchgirl@sbcglobal.net. It’s simple to purchase your lunch now online at www.eastbayadjusters.org.

I look forward to seeing you all at Zio Fraedo’s in Pleasant Hill on October 8th!

Joe Baughman

Joe Baughman 2014 President, East Bay Claims Association SRI Environmental, Inc. (925) 788-3875 jbaughman@srienviro.com

5

East Bay Claims Association News Network • Sept/Oct 2014

Details and Updates at EastBayAdjusters.org

Wednesday, October 8, 2014 Morning Continuing Ed. Course: Updates on California Construction Defect Law “Super Attorney” Richard G. Arneal, Esq. Van de Poel, Levy, Allen & Arneal, LLP followed by regular Luncheon meeting

Friday, December 5, 2014 Annual EBCA Holiday Party - details tba Wednesday, January 14, 2015 Luncheon meeting Annual Case Law Update

Bill Staples, of Archer Norris, to return with the latest case law decisions affecting the P&C Insurance Claims world

- see page 7

Wednesday, November 12, 2014 Luncheon meeting Perils & Pitfalls of Winery Claims Kenneth Fugelsang

Professor Emeritus of Enology at CSU, Fresno - see page 11

2015 Early-Bird Membership Deal! Join or Renew Now & Save On the success of a similar offer last year, the East Bay Claims Association Board of Directors has elected to offer-up a bit of a reward for returning members for the coming year, as well as an enticement for new members.

“We really appreciate all the support this organization has enjoyed the past several years,” stated EBCA President Joe Baughman.

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.

“As with all our sister groups, we continue to encourage the carrier claims people and independent adjusters participate, and to become more involved,” Joe added. “East Bay Claims Association is always committed to maintaining a high degree of professional courtesy within our ranks.”

The organization has been actively taking measures to continue to raise its standing within the community, as well.

As an established charitable 501c(3) non-profit organization, EBCA has added the status of the Continuing Education Provider credential to the reasons to be more involved.

There seems to be a bit of a revival of carriers supporting their claims people joining and supporting their local associations. The EBCA Board has opted to continue to offer annual FREE Memberships to insurance claims adjusters. Completion and submission of a simple membership application now allows all such claims people the benefits of membership.

The Early-Bird discount amounts to a 10% savings off the normal annual membership dues. Beginning October 1, 2014, and running through the end of the year, current members may renew for just $45 for individuals, or $90 for Corporate membership (three people per corporate membership). New members joining for the first time pay the regular $50 or $110 respective dues, but receive the balance of the current year and all of 2015.

Sign up or renew now at EastBayAdjusters.org.

6

East Bay Claims Association News Network • Sept/Oct 2014

Social Media In Claims Investigation at Sept EBCA

By Lynna Harrison, Association News Network, Inc.

The Guest Speaker for the September 10, 2014 Luncheon Meeting for the East Bay Claims Association was Brad Balentine, the Director of the Special Investigations Unit for David Morse & Associates. David Morse & Associates is a multi-claim services company headquartered in California. Mr. Balentine has over 20 years experience as a fraud investigator and manager.

The focus of the presentation was how effective social media can be in bolstering investigations of a claimant. Mr Balentine outlined numerous ways in which to use social media web sites when investigating suspected fraud. He stated that, due to the inclination of people to remove posts, when you do find evidence it is important to save and take screen-shots of information on Facebook, Twitter etc., which may be used as evidence should the case go to trial.

Brad said it is important that investigators never attempt to impersonate anyone else in the course of investigating a claim. He also pointed out that it is important to recognize that not everything you see on the internet is true.

There is not much specific case law thus far for Social Media investigations limits or regulations. Basically, he said, if you can see it without a special password on internet it is legal and a person's web site is open for perusal, within any privacy settings they have established. continued page 8

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East Bay Claims Association News Network • Sept/Oct 2014

Richard Arneal, Esq

Join The EBCA for the October 8, 2014 Morning CE Course

Wednesday

Updates in California Construction Defect Law

October 8, 2014

Date: October 8, 2014 • Time: 9:30 am to 11:30 am Registration with continental breakfast begins at 9:00 am Regular Luncheon meeting to follow class for all EBCA members and guests - Credit Hours: 2 Join the East Bay Claims Association Wednesday, October 8, 2014 for a special morning Continuing Education Class on “Updates in Claifnoria Construction Defect Law”. Guest presenter will be Richard G. Arneal, Esq., of the Van de Poel, Levy, Allen & Arneal, LLP law firm.

Mr. Arneal, a 2013/'14 California "Super Lawyer", will present the latest rulings and changes to Construction Defect law.

There is no cost to attend the morning event, so invite your associates to join you, and gain some valuable tools for your professional position. Regular luncheon to follow.

Construction Defect Law Update featuring guest speaker

Richard G. Arneal, Esq. Van de Poel, Levy, Allen & Arneal, LLP

at

Zio Fraedo’s

611 Gregory Lane, Pleasant Hill, CA 94523 9:00 a.m. Check-in/Registration 9:30-11:30 a.m. CE Course - 2 credit hours Followed by Regular Luncheon Meeting

CE Course & Luncheon FREE to 2014 Adjuster Members Adjusters May Now Join for FREE as well

(suggested $10 donation to the EBCA Charitable Fund) Non-Adjusters, please purchase your lunch online, at: www.EastBayAdjusters.org For payment by cash or check at the door, please make reservations now with

2014 EBCA Secretary, Michelle Windsor-Baughman: michelle.windsor@crdn.com, or 925-872-6333.

8

East Bay Claims Association News Network • Sept/Oct 2014

September Social Media In Claims Investigation continued from page 6

Mr Balentine told about a woman who was on disability talking on Facebook about working somewhere else. Convicted of fraud.

He said there are numerous people who question the need for independent social media investigation, saying “why have an investigator if we can just google it?”

“Number one,” he stated, “we can testify independently of any bias.

Further, we know different web sites and the ins-and-outs to work deeper into a case.”

In another case he described, a man claimed tools stolen out of a tool shed. “We found he had gone bankrupt the year before and claimed the same tools.”

“You need to dig around,” he added. “They may not have posted pictures you can see, themselves, but friends may have. Events and groups can lead you to people.”

He talked about a claim from a “disabled” man where they found pictures of him on a bicycle race going up a very steep hill for 31 miles and for 5 hours, boasting how he did it.

Another “disabled” man who lived in both New York and Florida.

Their investigation found a video showing him working in a produce market, lifting three grocery carts of watermelon. Clearly outside of his reported ability.

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Mr. Balentine listed numerous social media sites, including: Facebook; Twitter; LinkedIn; YouTube; Google pics; Google Plus+;, Foursquare; Flicker; Instagram; Tumblr; and many more.

The 50/50 Raffle prize was won by our own Publisher Bryan Harrison.

Please join the East Bay Claims Association next month, Wednesday (the 2nd Wednesday most months), October 8th 2014 for a morning Education Course, with CE Credits. The course “Updates on California Construction Defect Law” will be presented by "Super Attorney" Richard G. Arneal, Esq. The session will be followed by a regular Luncheon Meeting.

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East Bay Claims Association News Network • Sept/Oct 2014

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East Bay Claims Association News Network • Sept/Oct 2014

E.B.C.A.N.N. Services Directory PROPERTY RESTORATION/CONTENTS - continued

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Next Deadline for submissions is October 17, 2014 call 209-229-8240 or fax FAX# 209-229-8328 info@AssociationNewsNetwork.com

A HUGE thank you to ALL Our Paid Ad & Listing Sponsors. This works because of you!

THANK YOU!!!

Deadline for all Submissions for the September 2014 issue is

October 17, 2014 info@AssociationNewsNetwork.com • 925-785-7021

The East Bay Claims Association News Network© is a production of Association News Network, Inc. Published monthly as a free service to the EBCA with a commitment and dedication to the promotion and betterment of this professional organization. The views and comments expressed within the articles herein do not necessarily reflect the views of A.N.N., Inc. or EBCA. Both the publisher and the association assume no responsibility for any opinions and/or statements offered by contributing authors to the publication. Acceptance of advertising material does not constitute endorsement of the products or services offered. A.N.N., Inc. reserves the right to reject any advertising copy or placement. We encourage industry support of this professional organization - its monthly newsletter publication and web site.

Go to:

www.EastBayAdjusters.org

Please submit articles for consideration by email, to: Bryan Harrison, Publisher

For Advertising opportunities and information, contact: Lynna Harrison, New Accounts Manager

Bryan@AssociationNewsNetwork.com • 925.708.5569 Lynna@AssociationNewsNetwork.com • 925.785.7021 © 1993-2014, all rights reserved • Association News Network, Inc. • www.AssociationNewsNetwork.com 2455 Naglee Rd. #263 . Tracy, CA 95304 • 209.229.8240 • fax 209.229.8328

11

East Bay Claims Association News Network • Sept/Oct 2014

Perils & Pitfalls of Winery Claims Enology Expert Fugelsang to address November 12, 2014 EBCA Join the East Bay Claims Association as we welcome K.C. Fugelsang as our guest speaker for the November 12, 2012 luncheon meeting.

Mr. Fugelsang is Professor Emeritus of Enology at California State University, Fresno. He will be speaking on issues related to wine and, specifically, wine claims.

Since joining the university in 1972, Mr. Fugelsang has published over 150 techni-

cal papers and 14 books including Wine

Analysis and Production. Most recently, he co-authored the second edition

of Wine Microbiology - Practical Applications and Procedures with Charles Edwards of Washington State University. The book received the 2007 Prix d

l’OIV representing only the second time in the history of the award that an American author was recognized in the field of Oenology.

He is past president of the Honor Society of Phi Kappa Phi and recipient of

the University’s Outstanding Research, Scholarship and Creative Activity Award, the Salgo-Noren and NACTA Awards, the Claude Lavelle Award for

Innovative Technology, and the Outstanding Alumnus Award (“Top Dog” Classes of 1969 and 72). As part of his responsibilities, Professor Fugelsang

managed Fresno State’s 20,000 case commercial winery where his students

Invite Your Associates

Join the EBCA for a very special luncheon event

Wednesday November 12, 2014 As We Welcome Guest Speaker

K.C. Fugelsang Professor Emeritus of Enology at California State University Fresno at

Zio Fraedo’s

611 Gregory Lane, Pleasant Hill, CA 94523

have received over 600 awards in major commercial wine competitions since

11:15 a.m. Check-in/Registration Noon - 1:00 p.m. Luncheon Meeting

Invite your associates and all those within your sphere of influence who might

Please purchase your lunch online, at: www.EastBayAdjusters.org

its inception in 1997.

have need for more wine-related claims information to this one.

You are encouraged to purchase your lunch online at: www.EastBayAdjusters. org, or, for payment at the door, now including by check cash or credit card, please make reservations now with 2014 EBCA Secretary Michelle Windsor-Baughman: michelle.windsor@crdn.com, or 925-872-6333.

For payment at the door, by cash, check, or credit card, please make reservations now with

2014 EBCA Secretary, Michelle Windsor-Baughman: michelle.windsor@crdn.com or 925-872-6333.

Adjusters May Now Join EBCA for FREE

(suggested $10 donation to the EBCA Charitable Fund) Please sign-up on the web site: www.EastBayAdjusters.org

A production service FROM: Association News Network, Inc.

2455 Naglee Rd #263 Tracy, CA 95304

Return Service Requested Produced as a free service for the

TO:

www.EastBayAdjusters.org

Morning CE accredited Seminar at October 8th EBCA followed by luncheon

Adju M a y Ns t e r s Join ow FRE for E

EARLY-BIRD SPECIAL! Join EBCA for 2015 & SAVE! Membership at: EastBayAdjusters.org

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