Mid-Valley Claims Association News Network - October 2016

Mid-Valley Claims Association News Network

October 2016 Volume XXIII • Number IX

Serving MVCA Since 1994

www.MidValleyClaims.org

Join MVCA Friday, October 21st for a

California Law Update with

Eric C. Fonferek Low Ball & Lynch

Eric C. Fonferek

eld at a h e b l il w g Th is meetin new venue: urant a t s e R ’s g n Dave Wo on 2828 W

ane, Stockt est March L

Friday October 21, 2016 at our new meeting venue

Dave Wong’s Restaurant 2828 West March Lane Stockton, CA - see page 5

Photo Gallery starts page 4

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Mid-Valley Claims Association News Network • October 2016

2016 MVCA OFFICERS

California Case Law and More On the MVCA Horizon!

October, 2016 Message from 2015-'16 MVCA President Staci Moreno

PRESIDENT Staci Moreno

Frontier Adjusters (209) 603-5006

smoreno@frontieradjusters.com

VICE PRESIDENT Sherry Wenograd Frontier Adjusters (209) 478-1422

Centralcalclaims@aol.com

SECRETARY Gaye Bishop

Royalty Restoration Services (209) 529-3110

gbishop613@comcast.net

2016 BOARD MEMBERS Bob Bishop Katie Howard Jackie Mezeul Philip Mullen John Tucker Marvin Wenograd

CCNC REP Katie Howard

Dear Members, First of all, I would like to give a BIG thank everyone who came to our last meeting at our new venue (Dave Wong’s Restaurant).

Everyone was extremely supportive when we reached out to ask for support for our Claims Association, so that we will have good attendance at our meetings, good membership and a Board of Directors that can work together to ensure that the Association will continue to thrive in the future.

On the heals of a very successful 23rd annual Claims Conference of Northern California, held September 14-16th, we are excited about our next luncheon event. The Mid-Valley Claims Association is very pleased to present Mr. Eric C. Fonferek, of Low Ball & Lynch, who will provide our members and guests with a California Case Law Review.

We also wanted to let everybody know that our Fair Claims Settlement Practices Act annual Certification Class for 2017 is set for February 17, 2017. Christine Reed, also of Low Ball & Lynch, will be our guest speaker for the second straight year for this important meeting. She will have the certificates with her to present at the end of the class.

These are two wonderful attorneys, who are excellent speakers and we would like to be sure that we have as many members as possible at each of these meetings.

We look forward to many wonderful luncheons at our new venue at Dave Wong’s Restaurant.

We would greatly appreciate it if people could RSVP for the October luncheon by calling Staci or Sherry at 800-262-4067 or 209-406-3090 or 209-603-5006, so Dave Wong’s will know how many people will be attending and having lunch.

Looking forward to seeing you all this Friday!

Sincerely, your President,

Staci Moreno

2015-’16 Mid-Valley Claims Association President Claims Adjuster Frontier Adjusters (209) 603-5006 • midvalleyclaims@gmail.com

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Mid-Valley Claims Association News Network • October 2016

Central Valley contractor convicted in $5.4 million underground economy case HANFORD, Calif. - The California Department of Insurance announced October 5, 2016 that one Michael Harold Kreger, 63, of Visalia, owner of Michael Kreger Contracting, was sentenced in California Superior Court in Kings County after his conviction on three felony counts of insurance fraud with a white collar crime enhancement charge. Kreger’s conviction was based on him cheating his workers’ compensation insurer out of more than $5.4 million in premiums.

“Employers operating in the underground economy cheat their employees, their insurer, and create an unfair competitive advantage,” said Insurance Commissioner Dave Jones. “I am committed to putting a stop to the underground economy and leveling the playing field for legitimate businesses that play by the rules.”

After receiving a referral from Kreger’s workers’ compensation insurer, detectives from the California Department of Insurance launched an investigation into Kreger’s business practices. The investigation included an audit of Kreger’s payroll records provided to his insurer and what he provided to the Employment Development Department, which revealed that for over four years Kreger intentionally underreported his payroll in order to mislead his workers’ compensation insurer and obtain artificially low workers’ compensation insurance premiums.

“This case is a clear example of Kings County’s prosecution team standing up for every business owner and employee who is affected by fraudulent business practices that manipulate the system and seek financial gain at the expense of injured employees and upstanding business owner. I am proud of the contribution and work done by all the investigation teams, especially Deputy District Attorney Michael Casaus, Senior Investigator Nicole Lucero, and Legal Secretary Lynn Rikard on behalf of our office.” said Kings County District Attorney Keith Fagundes.

The Kings County District Attorney successfully prosecuted this case, leading to Kreger’s conviction and sentencing of 270 days (9 months) in jail, five years probation, 1500 hours of community service, and ordered restitution exceeding $5.4 million.

Kreger was convicted on 3 felony counts of Insurance Code 11880 (a) - making a false or fraudulent statement to determine the premium, rate, or cost of any workers’ compensation insurance policy; and Penal Code 186.11 - a white collar crime enhancement for fraud exceeding $100K.

MVCA Upcoming Events

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Luncheon meetings are held the THIRD FRIDAY of each month moving to Dave Wong’s Restaurant & Bar 2828 West March Lane., Stockton, except where indicated. www.MidValleyClaims.org

October 21, 2016 Luncheon Meeting

California Case Law Update Eric Fonferek Low Ball & Lynch @

Dave Wong’s Restaurant & Bar 2828 W March Ln, Stockton, CA 95207 West March Lane, just off of I-5

November 21, 2016 Luncheon Meeting

December 16, 2016 Holiday Luncheon Meeting

January 18, 2017 Luncheon Meeting

February 17, 2016

Luncheon Meeting Annual ReCertification of the

California Department of Insurance Fair Claims Settlement Practices Act regulations

Christine Reed Low Ball & Lynch

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23rd Annual CCNC Shines

Mid-Valley Claims Association News Network • October 2016

By Bryan Harrison

2016 CCNC President, Tami Umland, welcomes the keynote session crowd 2016 CCNC Keynote speaker, Matt Paxton

What began as an idea, and an initial planning session that got the ball rolling, back in 1993, the Claims Conference of Northern California has successfully carried through with its original mission: combining efforts between the area claims associations to provide a Jennifer Pinney, Ron Peacock & Michelle Baughman regional platform for continuing education for insurance claims professionals, as well as an annual industry tradeshow. And, they have done it year after year.

The 23rd annual CCNC, held one last time at the Hyatt Regency Downtown Sacramento September 14-16, 2016, paid homage to the traditions that have been built over time, while ushering in a wave of new ideas, energy and enthusiasm. A

Diane Viodes, Katie Howard & Hailey Ayres

Corby Schmautz, Lisa Winn, Kristen Mayo & Jim Krueger

continued page 6 Bill Hanamaikai was honored with a career achievement award Larry Nelson and Bob Lund at Mayahuel 2016 President, Tami Umland, gets a taste of Reposado

Afternoon opening session Wednesday, September 14, 2016 featuring Hector Alvarez on Workplace Violence Claims

Residential & Commercial Reconstruction 24 hour emergency service

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construction, inc.

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Stockton t: 209-982-0502 Pleasant Hill - Main t: 925-944-0502 Fairfield t: 707-864-8880 msconstruction.com

Wednesday evening Welcome Reception, sponsored in part by MVCA.

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Mid-Valley Claims Association News Network • October 2016

California Law Update

Eric C. Fonferek This meeting will feature a California Law Update, with Eric C. Fonferek, of the Monterey Office of Low, Ball & Lynch.

Eric Fonferek is an associate in the Monterey office of Low, Ball & Lynch. Mr. Fonferek currently practices primarily in the areas of premises liability, construction defect, employment and personal injury. He is also a contributing author of Low, Ball & Lynch’s Weekly Law Resume newsletter. He is admitted to practice in all California State Courts and the U.S. District Court, Northern District of California. Mr. Fonferek is a member of the State Bar of California and the Monterey County Bar Association.

Before joining the firm, Mr. Fonferek was in private practice in Pacific Grove, CA. His focus in private practice was civil litigation, personal injury, estate planning and minor criminal defense. Prior to that, Mr. Fonferek worked in the non-profit sector as a staff attorney at Legal Services for Seniors in Seaside, CA, providing free legal services for at-risk, low-income seniors of Monterey County.

Mr. Fonferek holds a B.A. in Government (Cum Laude) from Angelo State University, San Angelo, TX (2000), where he received a full academic scholarship. He also holds a J.D. from Monterey College of Law, Seaside, CA (2006). Mr. Fonferek was a Grover Hermann Scholar as well as a Heisler Moot Court Finalist

Join the Mid-Valley Claims Association for our next luncheon meeting, Friday, October 21, 2016, at our new meeting venue, Dave Wong’s Resturant, on W. March Ln just off of I-5. and Fellow at MCL. Prior to college, Mr. Fonferek served eight years in the United States Army Military Intelligence Corps as a Russian and Spanish linguist. He is a two-time graduate of the world-renowned Defense Language Institute, Presidio of Monterey, CA. Mr. Fonferek’s military service took him all over the country, as well as a three-year tour of duty in Germany.

Mr. Fonferek played quarterback semi-professionally for the San Antonio Stallions of the United States Independent Football League for 4 seasons. Upon relocating to California, he served as the varsity Offensive Coordinator/ QB Coach at Pacific Grove High School in 2009 and 2010. He later was the PGHS JV Head Football Coach in 2011 and 2012.

Mr. Fonferek serves as a volunteer Marshal Team Captain each year at the AT&T Pebble Beach Pro-Am. He also is a volunteer board member for the Foundation for the Performing Arts Center of Pacific Grove.

Eric resides in Pacific Grove, CA. He is an avid sports fan and enjoys golf all over the beautiful Monterey Peninsula. He is the proud father of wonderful 4 year-old triplets.

Please purchase your lunch online now so we have an accurate count, or contact MVCA President Staci Moreno to make reservations for payment by check or cash at the door: 209-603-5006.

with

Eric C. Fonferek Low Ball & Lynch

Join MVCA for our next luncheon meeting of the year

Friday October 21, 2016 join MVCA for a

California Case Law Update at our NEW MEETING VENUE!

Dave Wong’s Restaurant & Bar 2828 West March Lane, Stockton

11:30 a.m. check-in Noon - 1:00 p.m. luncheon

$28 for Non-Members/guests or Those with No Reservations Join or Renew your MVCA Membership Now! www.MidValleyClaims.org

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Dave Wong’s must have a head count and it is important that everyone RSVP to midvalleyclaims@gmail.com or you can call Staci Moreno at (209) 603-5006, by August 10th.

Please make your reservations now with 2016 MVCA President Staci Moreno: 209-603-5006, or midvalleyclaims@gmail.com

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Mid-Valley Claims Association News Network • October 2016

Mid-Valley Claims AssnNewsNet Services Directory CONTRACTORS - ASBESTOS/LEAD/MOLD REMEDIATION

AMERICAN TECHNOLOGIES, INC. - Barry Metcalf 2965 Ramco Street.

Barry.Metcalf@atirestoration.com • (916) 388-2440 West Sacramento, Ca 95691 Fax (916) 388-2445 BELFOR USA - Grant Cody 3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302 Elk Grove, CA 95758 grant.cody@us.belfor.com JM ENVIRONMENTAL, INC. - John Moore & the JM Team PO Box 2189 www.jmenvironmental.net • (916) 726-0304 Granite Bay, CA 95746-2189 Fax (916) 726-0340 P.W. STEPHENS ENVIRONMENTAL, INC. - Jason Kettlehut/Jackie Mezeul 3278 Swetzer Road www.pwstephensinc.com • (916) 212-2962 Loomis, CA 95650 jasonk@pwsei.com

CONTRACTORS - ELECTRICAL

TUCKNOTT ELECTRIC CO. - Robert A. Tucknott, CFLC Forensic Electrical Expert bob@tucknott.com • (925) 931-0800

www.Tucknott.com • Fax (925) 931-0817

CONTRACTORS - GENERAL RESTORATION

BELFOR USA - Grant Cody 3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302 Elk Grove, CA 95758 grant.cody@us.belfor.com HUGON CONSTRUCTION 4601 Spyres Way Suite 1 (209)491-2620 Modesto, CA 95454 Raquel.hugonconst@yahoo.com • (209)581-0149 MARK SCOTT CONSTRUCTION 241 Frank West Cir. www.MSConstruction.com • (209) 982-0502 Stockton, CA 95206 info@msconstruction.com

CONTRACTORS-MICROBIAL REMEDIATION

AMERICAN TECHNOLOGIES, INC. - Barry Metcalf 2965 Ramco Street.

Barry.Metcalf@atirestoration.com • (916) 388-2440 West Sacramento, Ca 95691 Fax (916) 388-2445 BELFOR USA - Grant Cody 3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302 Elk Grove, CA 95758 grant.cody@us.belfor.com P.W. STEPHENS ENVIRONMENTAL, INC. - Jason Kettlehut 3278 Swetzer Road www.pwstephensinc.com • (916) 212-2962 Loomis, CA 95650 jasonk@pwsei.com

ENGINEERS - FORENSIC

COMPLERE ENGINEERING GROUP, INC. - Gene Wilkins, P.E. Fire C&O, Property Liability, Thermography, Structural, Combustion Safeguards 4230 Kiernan Av., Suite 210 wilkins@complere.com • (209) 545-8165 Modesto, CA 95356 www.complere.com • Fax (209) 545-8170

ENVIRONMENTAL TESTING & CONSULTING

SIERRA ENVIRONMENTAL TESTING & CONSULTING, INC. P. O. Box 1563 www.SierraEnviro.com • (209) 366-3684 Woodbridge, CA 95258 Fax (866-612-8294

FIRE INVESTIGATORS

FIRE CAUSE ANALYSIS - Ulises Castellon, CPCU Serving Clients (800) 726-5939 • Fax: (510) 649-3099 Nationwide! inquiry@fcafire.com

OVERSPRAY REMOVAL

NATIONWIDE OVERSPRAY - Eric Gerencser Benicia, California

www.overspray.net • (925) 408-5909 Safe Overspray Removal eric@overspray.net • (800) 345-1269

PROPERTY RESTORATION-CLOTHING SPECIALIST FRSTeam - Jennifer Martin 910 Striker Ave. Ste E Sacramento, CA 95364

PROPERTY RESTORATION/CONTENTS

APPRAISER - HEAVY EQUIPMENT & AUTO

Frontier Adjusters is looking for a part-time appraiser for heavy equipment and auto in the Bay Area, North Bay and Central Valley. Must be proficient in Audatex or other similar software. Please call Marvin or Sherry at (800) 2624067 or email. Must have experience and references.

PROJECT MANAGER(S)

ATI - American Technologies Inc’s Sacramento Office is looking for professional Project Manager(s) skilled in estimating and managing property repair losses. Also looking for a PM that can estimate and manage contents losses. Must be proficient in Xactimate. IICRC training and certifications a plus. Check us out on-line at: www.ATIrestoration.com. Contact: Office Manager Raquel Romine: 916-388-2440, C: 916-214-7654, Raquel.Romine@ATIrestoration.com.

CLAIMS INDUSTRY PLACEMENTS

Gary 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 Gary@GEMSearchgroup.com. Serving the Insurance Industry since 1995.

Submit Your Job Connection ad to:

Choose from Four (5) Monthly Editions - Four Print + Online Edition: Up to 50 words just $45 (just 50¢/word thereafter)

Run Your Ad Network-Wide for a net rate of just $180/mo.

Next Deadline for submissions is October 28, 2016 call 209-229-8240 or email info@AssociationNewsNetwork.com

(916) 997-8119 jmartin@frsteam.com

AMERICAN TECHNOLOGIES, INC. - Barry Metcalf 2965 Ramco Street.

Barry.Metcalf@atirestoration.com • (916) 388-2440 West Sacramento, Ca 95691 Fax (916) 388-2445 BELFOR USA - Grant Cody 3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302 Elk Grove, CA 95758 grant.cody@us.belfor.com MS VITAL RESTORATION, INC. (a division of Mark Scott Construction, Inc.) 241 Frank West Cir. 1-800-944-0502 Stockton, CA 95206 Info@MSVitalRestoration.com

Have Info to share? Submit it for consideration info@AssociationNewsNetwork.com Deadline for submissions is October 28, 2016 The Mid-Valley Claims Association News Network© is a production of Association News Network, Inc. Published monthly as a free service to the MVCA 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 MVCA. We 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. We reserve 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.MidValleyClaims.org

Please email articles for consideration to: Bryan Harrison, Publisher Bryan@AssociationNewsNetwork.com 925.708.5569

For Advertising opportunities and info, contact: Lynna Harrison, New Accounts Manager Lynna@AssociationNewsNetwork.com 925.785.7021

© 1994-2016, all rights reserved • Association News Network, Inc. • www.AssociationNewsNetwork.com 2455 Naglee Rd. #263 . Tracy, CA 95304 • 209.229.8240

Mid-Valley Claims Association News Network • October 2016

CCNC Shines continued from page 4

vibrant planning committee, with many new faces, sought to build on the successes while bringing into present day everything from the program presentations to the level of claims personnel they invited and aimed to entice to attend.

The biggest star of the event had to keynote address speaker, Matt Paxton, of the hit Reality TV show, Hoarders. Having developed an alliance with the ServiceMaster organization to help his modest team handle the often extreme duties of the show, Paxton was able to give a real insider’s perspective to this audience. In addition to his Thursday morning keynote address, he also conducted a three-hour session that afternoon. In the morning keynote address, he spent a fair amount of time sharing his own personal background and story. Humble and very personable, he told several and often rather humorous tales of his earlier life. His point was to illustrate that addiction and obsessive behaviors can have many faces, and show up in numerous ways. Whether alcohol or drugs, gambling or even hoarding, these diseases must be dealt with accordingly, and not just brushed off.

He explained how the experiences he endured served to later allow him a level of c om passion with people w ho become hoarde rs t h at he said he likely would never have

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Mid-Valley Claims Association News Network

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California Law Update

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This Friday October 21, 2016 join MVCA for a

California Case Law Update INSURING

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