East Bay Claims Association News Network - November 2017

November 2017

Since 1993 with East Bay!

Volume XXV Number XI

Celebrating our 25th year of publishing with East Bay

w w w. EastBayAdjusters.org

East Bay Claims Association Second Annual

Bowling Tournament A Fund-raiser to benefit

North Bay/Wine Country Fire Victims Wednesday November 8, 2017 @ Danville Bowl

200 Boone Court, Danville, CA 94526

Net proce eds to Benefi North Ba t y Country F /Wine ire Victim s

Greg Meath with the Latest on Cyber Law at October 11 EBCA Do’s and Dont’s of online claims investigations

Highlights page 6 - Complete photo gallery online, at:

www.AssociationNewsNetwork.com

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East Bay Claims Association News Network • November 2017

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EBCA 2017 Schedule of Upcoming Events

Association Luncheon gatherings are held at: Zio Fraedo’s Restaurant 611 Gregory Lane, Pleasant Hill, CA

NOVEMBER 2017

VOLUME XXV . NUMBER XI

EBCA Mission Statement:

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.

In order to accomplish this mission, the Association provides a forum and network for insurance claims professionals to meet and share information. This forum and fundraising events held by the group also help to connect insurance claims professionals in local communities and expands public awareness of the work performed by insurance claims professionals.

• WEDNESDAY NOVEMBER 8, 2017

No EBCA - luncheon meeting 2nd annual

EBCA Bowling Tournament

• WEDNESDAY

DECEMBER 13, 2017

EBCA - holiday luncheon meeting

Charitable reps to receive EBCA donations

• WEDNESDAY

JANUARY 12, 2018

Fair Claims Settlement Practices Act Annual Recertification

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East Bay Claims Association News Network • November 2017

Entering My Favorite Time of The Year!

November 2017 message from 2016-2017 EBCA President, Gemma Houser

We are entering my favorite time of year. I absolutely love the holidays and spending time with my family. As my girls get older its fun to watch how excited they get for Christmas. It’s also such a busy time of year with all of the parties and events.

2016-2017 EBCA President Gemma Houser

I’m sure that everyone has been so busy after the devastating fires in Napa and Santa Rosa. I spent some time up in Santa Rosa and got to see the total destruction and it was so very sad. I have never seen anything like what I witnessed. In this business we get to see lots of different losses but nothing like vast amount of properties that were lost.

I am so sad to have missed the October meeting where Gregory Meath spoke on “The Latest on Cyber Law”. I heard that he was one of the best speakers we have ever had. Hopefully he will come back again in the future.

members so please make sure to renew/join now, and make the most of the discounted rates.

You can go to our website www.EastBayClaims. org to become a member or feel free to contact our Membership chair Lynna Harrison at lynna@associationnewsnetwork.com, or call her at (925) 785-7021 for more information.

I encourage you to bring new people to our meetings.

Please do not forget to respond to our Evite, its simple to purchase your lunch now on our new site, at www.

EastBayClaims.org.

I look forward to seeing you at our bowling tourI am looking forward to our second annual bowling nament. tournament on November 8th. Proceeds from the tournament will go directly to help victims of the Respectfully, fires in the North Bay. I couldn’t think of a better place for the money to go to. Last year we had a great event and I hope we can raise a bunch of money Gemma Houser for these families.

Gemma

Please make sure to also add December 13th to your calendar for our Charity Holiday Luncheon.

Please check the website and newsletter for more information on upcoming events.

2016-’17 President, EBCA Paul Davis Restoration 510-760-7571 ghouser@pdr-usa.net

Our Early-Bird Membership Drive for 2018 has officially begun! Our association depends on our

EBCA Designated Charitable Beneficiaries Include: 3 Bay Area Crisis Nursery 3 Shelter, Inc. - Contra Costa 3 Childrens’ Hospital Oakland 3 Food Bank of Contra Costa & Solano Counties 3 Insurance Industry Charitable Foundation

East Bay Claims Association News Network • November 2017

December 13 EBCA Luncheon to Celebrate 2017 Charitable Causes th

Plan now to attend the final EBCA Luncheon Meeting of the Year!

Wednesday

December 13, 2017 as we give back in celebration of our chosen Charitable Organizations*:

Bay Area Crisis Nursery and Shelter, Inc.

East Bay Claims Association

2018 Early-Bird Membership is Now Open!

EBCA Needs You!

The East Bay Claims Association depends on membership dues as a main source of sustainability. As a thank you to your dedication to this organization, EBCA is offering an “early-bird” membership discount, for both individual and corporate memberships.

As a member of the EBCA, you are encouraged to get involved!

Beyond attending the regular luncheon meetings and other events the organization produces throughout the year, help is needed on committees and, ultimately, on the board of directors.

You can play a part in helping to shape a positive future for EBCA. For more information and ways in which you can possibly contribute, speak with one of your EBCA officers or board members today! You can have a say!

Go to www.EastBayClaims.org and register for 2018 no later than December 31, 2017 for the discounted rate.

at

Zio Fraedo’s 611 Gregory Lane, Pleasant Hill, CA 94523 11:15am Check-in Luncheon 12:00 noon - 1:00pm

FREE to 2017 Adjuster Members Adjusters Now Join for FREE

(suggested $10 donation to the EBCA Charitable Fund) $45 Non-Members/Guests or No Reservations

$35 for current paid 2017 Associate Members Purchase your lunch online, at:

www.EastBayAdjusters.org

Otherwise, for payment by cash or check at the door,

please make reservations now with New 2017 EBCA Secretary, Hailey Ayres: (925) 689-9322 or eastbayclaims@gmail.com

5

6

East Bay Claims Association News Network • November 2017

Greg Meath with the Latest on Cyber Law at October 11 EBCA Do’s and Dont’s of online claims investigations

By Bryan Harrison & Lynna Harrison

The East Bay Claims Association was pleased to welcome guest speaker/ attorney, Gregory Meath, of Meath & Pereira, who addressed the latest on Cyber Law at the October 11, 2017 luncheon meeting.

Mr. Meath, who teaches colleges courses on the subject, began by stating there is “too much information” available, referring to the vast expanse of social media on the internet.

He cited statistics on frequency of Facebook posts, Instagram and other social media, illustrating the incredible resource available within public domain for claims investigations. “2.3 billion people have Social Media Accounts,” he stated.

Despite some level of limitations due to the “Stored Communications Act”, which preserves privacy measures for private posts and messages, anything posted publically is considered fair game under the law.

His presentation covered some detail on fraud investigations, and how social media posts can sometimes illustrate a very different status of well-being for some claimants. He also pointed out limitations to the use of social media in the claims process.

“Lawyers, law firms and investigators may not ‘friend’ or ‘follow’ a represented claimant or plaintiff to obtain otherwise private information,” he said.

“If this is done pre-suit by a claims professional or investigator to obtain information, it could be pre-cluded during litigation if improperly obtained.” He strongly advised against that approach.

Likewise, impersonating someone, or pretending to be someone other than oneself in the course of an investigation is prohibited by the insurance code, he said.

People are apparently getting smarter about their privacy settings, too, he continued page 11

EBCA VP, Jennifer Pinney ran the October meeting Attorney, and drummer, Greg Meath, shared some valuable insight into proper online investigation procedures, specifically with regard to social media, at the October 11th EBCA luncheon meeting

EBCA Vice President, Jennifer Pinney, ran the October meeting in the absense of President Gemma Houser. Pictured near right with guest speaker, Greg Meath, and EBCA Speaker Chair, Debra Hall-Jalen .

Congratulations Linda Pirlot, of Del Monte Foods Claims, EBCA Secretary, Amaya Fine, and Vice President, on winning the October 50/50 drawing Jennifer Pinney

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East Bay Claims Association News Network • November 2017

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East Bay Claims Association News Network • November 2017

Regulator Sends Notice To All Licensed Public Adjusters re: N. Bay Fire Claims Insurance Commissioner Jones reminds adjusters of their legal obligations SACRAMENTO – In light of the devastating

fires that tore through northern and southern California damaging and destroying thousands of homes, business, vehicles, and equipment, and the need for residents to begin the long road to recovery and rebuilding, Insurance Commissioner Dave Jones directed the licensing department to issue a notice to all licensed public adjusters and admitted carriers to remind them of the rules, regulations, and limitations on solicitation and compensation that govern public adjusters’ work in California.

Public adjusters do not work for insurance companies but rather directly for policyholders who hire the adjuster for a fee to work to settle their insurance claim. Public adjusters’ fees are paid by the policyholder and are typically a percentage of the settled claim, which means it comes out of the funds used to recover from the loss.

“When people experience such devastating losses the emotional need is to return to normal, which leaves many people vulnerable,” said Insurance Commissioner Dave Jones. “We strongly suggest people take their time when considering a contract for a public adjuster or hiring a contractor. It is difficult to make business decisions when you are most vulnerable emotionally.”

The Department of Insurance urges consumers to begin the claims process by contacting their insurance company or agent. If consumers have questions or concerns about their claim, what their insurer is telling them, or settlement offers, the department’s consumer services team can assist and there is no charge for that assistance.

Policyholders are not restricted from contacting public adjusters directly. If a policyholder is considering hiring a public adjuster, the department also urges consumers to check the adjuster’s license and make sure they are properly licensed and in good standing.

The law limits how and when public adjusters may solicit business after a disaster like the fires that burned across the state this month. For example, public adjusters are prohibited from soliciting business from fire victims until seven days after the conclusion of the loss producing event, in this case, after the evacuation order was lifted. California law also limits how and when public adjusters may contact consumers, how they are compensated, and what they are required to have in their contracts for service.

In 2016, the department sponsored and Governor Brown signed SB 488, which ushered in new reforms and limitations on public adjusters.

Many of those reforms were the direct result of consumer complaints and criminal investigations conducted into alleged wrongdoing by public adjusters.

Questions regarding this notice should be directed to the Department of Insurance Licensing Hotline at (800) 967-9331.

First Commercial Insurer to File Cannabis Business Insurance is Approved by Insurance Commissioner SACRAMENTO – Cannabis businesses licensed by the State of California may now purchase commercial insurance coverage from an admitted commercial insurance company. Insurance Commissioner Dave Jones has approved the filing of the first admitted commerical insurance company to file cannabis business insurance, so that the insurer can begin writing policies and offering coverage for cannabis business owners.

“This is the first of what I hope will be many commercial carriers filing insur- organized tours for insurance executives at cannabis businesses. ance products to fill insurance coverage gaps for the cannabis industry,” said Last month Jones held a first in the nation public hearing to identify insurance Insurance Commissioner Dave Jones. “Consumers gaps faced by the cannabis industry. Cannabis who visit cannabis businesses, workers who work “Our mission remains insurance protection businesses and insurance industry representathere, businesses who sell products to or rent tives testified about the limited availability of property to cannabis businesses, and the investors, for all Californians, which includes insurance insurance for cannabis businesses. The hearing owners and operators of cannabis businesses all for California’s legalized cannabis businesses revealed that while there is insurance available should have insurance coverage available to help from surplus lines insurers, insurance coverage them recover when something goes wrong just as and customers...” Commissioner Dave Jones is limited in scope and, until the approval being any other legalized business does.” announced today, commercial carriers were not Jones launched an initiative earlier this year to encourage commerical insurance yet writing insurance. Jones also announced that department staff would be companies to write insurance to fill coverage gaps for the cannabis industry. allocated to cannabis insurance filings.

This first filing and approval of commerical insurance for the cannabis industry “Our mission remains insurance protection for all Californians, which includes is a successful result of Commissioner Jones’ initiative. Jones has convened insurance for California’s legalized cannabis businesses and customers. We enmeetings between commercial insurance company executives and cannabis courage more insurance companies to file cannabis business insurance products business owners to educate the insurance industry about the sophistication, with the department to meet the needs of this emerging market,” Jones added. professionalism and risk management of the cannabis industry. Jones has also

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East Bay Claims Association News Network • November 2017

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10

East Bay Claims Association News Network • November 2017

Around The Network - Compassion

By Bryan Harrison

Association News Network Publisher

the ability to enjoy them.

As we edge into this Holiday season, we look to give thanks not only for all we have in our lives: our health; relationships - from family to friends to business associates; as well as worldly possessions, and

But, this year, maybe more than any we’ve experienced, there is devastation and heartache all around us - on so many fronts. From multiple massive hurricanes and firestorms to mass shootings and vehicular weapons, so many people are hurting in the aftermath of recent events.

Those of us who have not been directly affected to date can at least count our blessings for being spared such devastation. But one must also consider the old saying, “there, but for the grace of god, go I”.

The holiday season serves to remind us all that compassion for our fellow humans has its perks. Each of us can take solace or even own a sense of pride when we act on opportunities that present themselves to lend a hand-up to others.

along with many others, do see the beauty in this, and potential for growing stronger.

Coming Up:

East Bay Claims Association is holding their 2nd annual Charitable Bowling Tournament this WednesLiving through compassion, while definitely a step day, November 8, 2017. Proceeds go to beneup the evolutionary ladder, may be considered as fit victims of the N. Bay Fires. For more, go to: not being a truly selfless act. We are all living here www.EastBayClaims.org on planet Earth. We all are faced with the possibility East Bay Claims, as well as the Sacramento Claims of challenges and situations that can feel completely Association and Mid-Valley Claims, will be featuroverwhelming or all-consuming. Those who haven’t ing a focus on chosen charitable organizations in yet had such experience have but to live a little longer. their respective local areas at their individual HoliWhat happens to one can certainly happen to another. day Luncheon meetings.

It was German philosopher, Friedrich Nietzsche, who For more information on each of these organizasaid “That which does not kill us, makes us stronger”. tions and these events, go to: Is that sentiment, alone, enough to accept the pain www.EastBayClaims.org; and devastation so many have recently had thrust www.SacramentoClaims.org; upon them? and www.MidValleyClaims.org.

Ultimately, for most, lives will rebuild, and there is hope in that. May there also be comfort in family and I continue to say “you do what you can”. Together, friends and business associates to help ease the bur- we can build a brighter tomorrow.

Peace, dens faced by so many. Time will tell.

The best answer for determining all that for which to give thanks that I can come up with for myself can be summarized with one word: “Compassion”.

Through it all, I can say that I am truly thankful for Bryan Without compassion for those around us, whether the many people who enrich my experience in this victims of such life-changing calamity, or folks dealing life. Organizations, like the East Bay Claims Associawith circumstances beyond our comprehension, there tion and her sister groups, represent a collective “us” that truly serves to make a difference in our world. I, is no true humanity, no collective “us”.

S u p p o r t Yo u r L o c a l C l a i m s A s s o c i a t i o n s

www.EastBayAdjusters.org

www.MidValleyClaims.org

www.SacramentoClaims.org

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 Bryan Harrison, Publisher

Bryan@AssociationNewsNetwork.com • 925.708.5569

Lynna Harrison, Customer Serivces Manager

Lynna@AssociationNewsNetwork.com • 925.785.7021 © 1993-2017, all rights reserved • Association News Network, Inc. • www.AssociationNewsNetwork.com 2455 Naglee Rd. #263 . Tracy, CA 95304 • 209.229.8240

11

East Bay Claims Association News Network • November 2017

Ask Your

EBCA Board Members We asked your EBCA Board:

“In what ways is it better to give over the holiday season?”

We asked your East Bay Claims Association Board of Directors “In what ways is it better to give over the holiday season?”.

President Gemma Houser I enjoy giving to people who are less fortunate than we are. I like sharing that experience with my daughters and using it as a life lesson. There is nothing better than giving someone something and seeing the joy in their face.

Kathleen Taylor I feel it is important to get over the holiday season, because there are many who are in need during this time of year. I love the fact that we are affiliated with so many great charitable organizations that can benefit from EBCA and the generosity of our members.

Bryan Harrison Though grateful for whatever I may receive, I feel much more comfortable doing what I can for others. For EBCA, besides the general goodwill our organization’s charitable-cause donation work instills with the greater community, the senses that we are truly helping others - often in a time of their deepest need, is the true reward. Personally, giving of time and energies, and attention, to lend a hand where I can, or to be there for someone in need, gives a sense of real purpose.

Lynna Harrison There are many ways to give. Like your time and energy. My friend Audrey, in Sacramento, is almost blind and in bed, and we talk on the telephone when ever possible. We both value the time we share. I also see this as a good time to clean out your closet and give to the homeless, and fire victims. Offer rides to the elderly and child care where needed.

Think of how you would like to be treated.

Cyber Law continued from page 6

said. He cited a recent case where a judge reprimanded the plaintiff for making her Facebook account “private” during litigation. Defense counsel actually sought sactions for spoliation of evidence in that instance, albeit unsuccessfully, he added.

However, in another case, he stated, the court levied major sanctions on the plaintiff’s attorney - more than a half million dollars - and the plaintiff (Lester) $180,000 to cover defense attorney fees, all due to a “Facebook deletion issue”.

Mr. Meath also offered-up some tips for properly locating relevant social media-based content.

The numerous claims people, including fraud investigators, in the room contributed some experiential annecdotes, as well as posing several questions to Mr. Meath. The presentation was informative and well received.

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East Bay Claims Association

Meath on Cyber Law at October 11 EBCA

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