Claims Journal Summer 2014

Page 1

SUMMER 2014 | VOL. 3, NO. 3


SUMMER 2014 | Vol 3. No. 3

CONTENTS CLAIMS REVIEW 6

Undocumented Workers Face Dangerous Work Hazards

6

CDC Unveils Mobile App to Help Identify Concussion Symptoms

6

HVAC Investigators Releases 2014 Annual Claims Report

7

Cause of Black Forest Fire May Never Be Determined

7

Researcher Devises Cheap, Efficient Bedbug Trap

9

Reduced Insurance Claims Associated With Honda Collision Warning System

9

Experts Say Technology Changing How People View Tornadoes

SPECIAL REPORT 12 2014 Job & Salary Survey Reveals Confident, Secure Market 17 The Delay of ICD-10 in Workers’ Compensation & Auto Casualty 18 4 Steps to Building a Profitable Workers’ Comp Claims Model 24 2014 Guide to Education & Training IDEA EXCHANGE 20 Burke’s Law: ‘For Hire’ Exclusions in Personal Auto 34 Texting While Driving in Florida: An Opportunity to Pursue Punitive Damages? 38 Data Breach Suit Verdicts Impact Third-Party Liability Coverage 40 Essentials: What Constitutes Collapse for Purposes of Property Insurance Coverage? 42 Final Offer: Tapering Polypharmacy Regimens

2 Claims Journal | Summer 2014

CLAIMS DEPARTMENTS 4 8 10 11 22 36 37

Opening Note People Business Moves Dollars & Sense Web Exchange Adjuster Toolkit Snapshot


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hen I launched my new asbestos abatement business in 1989 in a small storefront location in Orange – using a home equity line of credit and with a barebones staff of three – I was fairly confident that I could build a successful business with an impact in Southern California. However, I never would have predicted that a quarter-century later we would have grown to be the largest family-owned, full-service restoration contractor in the U.S., employing more than 700 people around the country in 15 regional offices (and counting).

that we are a step ahead of the competition in every key aspect of the restoration business, but where we exceed the most is with our staff. Ensuring you have the right people in the right places – with the right shared vision – can be a huge challenge with growing a business, but this is where (after bumps along the road) we have learned to excel. I am excited that within ATI we have cultivated a common vision and dedication to quality that is unmatched in our industry. We have earned a reputation among the insurers and customers we work with for providing superior, detail-oriented service that begins when the initial call for help is placed – and doesn’t end until final reconstruction is complete. This commitment to quality is exemplified when you meet anyone from ATI – whether an executive or a field technician – and witness their professionalism and knowledge, or if you have the chance peek inside our trucks and see the well-maintained, high-tech equipment and materials that we use on every job.

Over the past 25 years, we have responded to the country’s most devastating hurricanes, earthquakes, mudslides, floods, and riots. ATI was on the ground to respond right after the 9/11 terrorist attacks, and following the Northridge and Loma Prieta earthquakes, the Southern California wildfires, and Hurricanes Katrina, Sandy, and Wilma. We routinely help residents and businesses recover, reconstruct, and regain a sense of normalcy after losses ranging from minor incident to major disaster.

Our services include 24-hour emergency response; water damage; fire and smoke damage; lead/asbestos removal and mold remediation; biohazard cleanup; contents cleaning and restoration; pack-outs, and reconstruction.

Our People Looking at where we have been and where we are today, I realize that our people – more than anything – are truly at the heart of what we do. Hands down, what makes me most proud about our accomplishments as a company are the achievements of the individual members of our team. It’s their honesty, integrity, and eagerness to jump in and help the people affected by these events that enable us succeed. I can’t say enough about their commitment to our company and to our customers. In fact, it takes a certain kind of person to thrive in our line of work. It’s an unusual business where we might put in a regular 8 to 5 day in the office, then suddenly be called to the scene to work around the clock and help restore normalcy. ATI had managers and technicians working onsite in New York City after Hurricane Sandy for nearly a year, and employees who traveled out of the country for extended periods of time to Mexico, Columbia and other faraway locations. The bottom line: we are enthusiastic about our work and fulfilled by producing positive results – whether it’s in the messiest of circumstances or in a high-end residential construction project. We are passionate about helping people restore their lives and their businesses, and persistent about getting the job done – and done right.

Our Community One fundamental principle that is important to me and that I encourage with our staff, is a sense of appreciation for the communities in which we all live and operate – and for showing it through giving back. My family and I have been lucky to have the support of so many local friends as well as the business community, and we have enjoyed getting involved through chartable outreach such as our annual golf tournaments to benefit Orangewood Children’s Home. Last year, I had the opportunity to visit the Orange County Ronald McDonald House, along with Jeff Huddleston from my staff and several other employees from our Orange office, to provide dinner for the families staying there. The evening had a profound effect on us, and since then we have committed to steer all of ATI’s charitable donations to this great cause. I was both thrilled and humbled to be selected as a new member of the organization’s Board of Trustees.

Thank You We are pleased and extremely grateful to call Orange County our home, and we look forward to many more years of restoration and reconstruction, overcoming challenges, partnering with our communities, and healthy corporate growth.

Thank you for 25 amazing years!

Our Passion Although we’ve grown steadily over the years to our now-nationwide status, we remain a family business – and our roots as a family start-up carry over into the can-do spirit and personalized service that we are so proud to provide our customers today. I am honored to have my sons Jeff, Ryan and Scott all in leadership roles within the company, as well as to have many loyal, long-term employees still on board. I often say

www.ATI restoration.com

Gary Moore Owner & President, American Technologies, Inc.

800-400-9353


OPENING NOTE

Publisher Mark Wells

The Total Package

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hen considering a job change, don’t forget about the total package. That’s what a recent survey by the National Association of Insurance Commissioners (NAIC) advises for any American considering leaving their job. The survey found that most people fail to consider the total compensation package when making the switch, and that many job-hunters only consider salary and end up in worse shape. According to the NAIC survey, 40 percent of voluntary job switchers cited “improve my financial situation” as a key influence on their decision to quit. However they encountered problems when they took a narrow view of what affects their financial conditions. While 73 percent of job switchers spent some or significant time thinking about salary, only 41 percent spent as much time considering insurance benefits, Total compensation is more and less than 30 percent thought as complex than salary alone. much about out-of-pocket costs or insurance coverage effective dates before making the switch. According to the Bureau of Labor Statistics, insurance benefits can average nearly 10 percent of total compensation. The NAIC survey found that ignoring the benefits component can be costly. Nearly 25 percent of job switchers surveyed said after accepting a new job, insurance-related changes either “slightly or greatly worsened” their overall financial situation. “Total compensation is more complex than salary alone,” said Adam Hamm, NAIC president and North Dakota insurance commissioner. Young people are particularly likely to jump jobs after just a few years in employment. Some 60 percent of Millennials, those who are 18 to 33 years old, born 1981– 1996, are expected to leave their employers within the first three years, according to The Jacobson Group. So what can organizations do to keep employees, young and old, engaged? The key lies in your organization’s culture. Here are a few things that The Jacobson Group recommends. • Offer desirable perks and benefits. • Develop a comprehensive rewards strategy that encompasses several components, including performance recognition, work/life balance and career development opportunities. • Fast track high-performing employees. If you want to keep today’s young, talented individuals within your company, make sure you are placing your best and brightest on the road to success. • Foster an inviting and inclusive culture. Don’t overlook the importance of employee morale. Relationships between employees and leadership are key to building engagement. • Engage in community service and volunteer activities. Employees that find their work to be fulfilling and meaningful are much more connected to employers.

Andrea Wells Editor-in-Chief

4 Claims Journal | Summer 2014

EDITORIAL Editor-in-Chief Andrea Wells | awells@insurancejournal.com ClaimsJournal Editor Denise Johnson | djohnson@claimsjournal.com V.P. Content Andrew Simpson | asimpson@insurancejournal.com East Editor Young Ha | yha@insurancejournal.com Southeast Editor Michael Adams | madams@insurancejournal.com South Central Editor/Midwest Editor Stephanie K. Jones | sjones@insurancejournal.com West Editor Don Jergler | djergler@insurancejournal.com International Editor Charles E. Boyle | cboyle@insurancejournal.com Senior Editor Susanne Sclafane | ssclafane@insurancejournal.com ClaimsJournal.com Editor Denise Johnson | djohnson@claimsjournal.com MyNewMarkets.com Associate Editor Amy O’Connor | aoconnor@mynewmarkets.com Columnists Burke Coleman, Steven Plitt Contributing Writers Eduard Goodman, Michele Hibbert-Iacobacci, Corey Lile, Pamela St. John Lynde, Mark Pew SALES V.P. Sales & Marketing Julie Tinney (800) 897-9965 x148 | jtinney@insurancejournal.com West Dena Kaplan (800) 897-9965 x115 | dkaplan@insurancejournal.com South Central Mindy Trammell (800) 897-9965 x149 | mtrammell@insurancejournal.com Midwest Lauren Knapp (800) 897-9965 x161 | lknapp@insurancejournal.com Southeast Howard Simkin (800) 897-9965 x162 | hsimkin@insurancejournal.com East Dave Molchan (800) 897-9965 x145 | dmolchan@insurancejournal.com New Markets Sales Manager Kristine Honey | khoney@insurancejournal.com Classifieds, Jobs, Agencies Wanted/For Sale Ly Nguyen (800) 897-9965 x125 | lnguyen@insurancejournal.com MARKETING/NEW MEDIA Marketing Administrator Gayle Wells | gwells@insurancejournal.com Advertising Coordinator Erin Burns (619) 584-1100 x120 | eburns@insurancejournal.com New Media Producer Bobbie Dodge | bdodge@insurancejournal.com DESIGN/WEB V.P. of Design Guy Boccia | gboccia@insurancejournal.com V.P of Technology Joshua Carlson | jcarlson@insurancejournal.com Design and Marketing Executive Derence Walk | dwalk@insurancejournal.com Web Developer Jeff Cardrant | jcardrant@insurancejournal.com Web Developer Chris Thompson | cthompson@insurancejournal.com IJ ACADEMY OF INSURANCE Online Training Coordinator Barbara Whiffen | bwhiffen@ijacademy.com ADMINISTRATION Chief Executive Officer Mitch Dunford Accounting Manager Mark Wooster | mwooster@insurancejournal.com

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www.claimsjournal.com/subscribe Claims Journal, the National Property Casualty Claims Magazine is published quarterly by Wells Media Group, Inc., 3570 Camino del Rio North, Suite 200, San Diego, CA 92108-1747. Periodicals Postage Paid at San Diego, CA and at additional mailing offices. SUBSCRIPTION RATES: Free to qualified readers. DISCLAIMER: While the information in this publication is derived from sources believed reliable and is subject to reasonable care in preparation and editing, it is not intended to be legal, accounting, tax, technical or other professional advice. Readers are advised to consult competent professionals for application to their particular situation. Copyright 2014 Wells Media Group, Inc. All Rights Reserved. Content may not be photocopied, reproduced or redistributed without written permission. Insurance Journal is a publication of Wells Media Group, Inc. POSTMASTER: Send change of address form to Claims Journal, Circulation Department, PO Box 3618, Northbrook, IL 60065-3618 ARTICLE REPRINTS: For reprints of articles in this issue, contact: Ly Nguyen at 1-800-897-9965 ext. 125 or lnguyen@insurancejournal.com Visit claimsjournal.com/reprints/ for more information.


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CLAIMS REVIEW | NEWS & TRENDS

Undocumented Workers Face Dangerous Work Hazards

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llegal immigrants don’t hold the most dangerous jobs in America. That kind of work pays a decent wage for the risk to life and limb, and undocumented workers are barred from those jobs. Yet there is plenty of hazard, risk and occupational injury for the uncounted millions of illegal immigrants doing the “merely dangerous” work no one else wants — without a pay premium from employers who take advantage of that labor pool, a Cornell University — Penn State University study reveals. “The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards and Compensating Differentials,” published in the journal, International

Migration Review, focused on undocumented immigrants from Mexico and Central American countries. Undocumented workers are not engaged in the most dangerous occupations such as logging or mining — jobs with the most fatalities according to the Bureau of Labor Statistics. Regulatory oversight of extremely hazardous workplaces keeps undocumented workers away from risky-but-remunerative jobs. Instead they are shuffled to marginal, less desirable and dangerous jobs, where language barriers and lack of training

HVAC Investigators Releases 2014 Annual Claims Report

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VAC Investigators (HVACi), a national provider of heating, ventilation and air conditioning (HVAC) damage assessments to insurers, recently published its 2014 Annual Claims Report. The report provides data on HVAC trends that can help carriers make more informed decisions on their specialty HVAC and refrigeration claims. The 2014 Annual Claims Report was based on the actual results of thousands of residential and commercial HVAC insurance claims investigations across the United States in 2013, and serves as a barometer for emerging trends and paradigms in the industry. Report highlights include: Reported Cause of Loss vs. Actual Cause of Loss In 2013, 27 percent of all claims investigated were ultimately diagnosed as “Wear and Tear,” “Not-Damaged,” or were 6 Claims Journal | Summer 2014

“Withdrawn” by the insured after initial contact. Residential and Commercial Accuracy The average claims accuracy was $3,689 per residential claim and $39,072 per commercial claim in 2013. Based on the average variance per claim, a typical property insurance carrier had a total potential claims accuracy of more than $20,000,000 in 2013, had they engaged an outside HVAC claims expert. Repair vs. Replace Frequency Nearly nine out of every 10 claims investigated by HVACi last year resulted in a repair recommendation to bring the insured back to pre-loss condition ... or weren’t damaged at all. Claims by Geographic Region HVAC claims in Southeast states (29 percent) accounted for the largest percentage of total claims, followed closely by Southwest states (17 percent) and MidAtlantic states (12 percent). CJ The report is free to insurance professionals upon request. Email: info@hvacinvestigators. com.

create additional obstacles. For instance, agricultural workers can be maimed in farm equipment and day-labor construction workers fall from heights every day, the study suggests. CJ

CDC Unveils Mobile App to Help Identify Concussion Symptoms

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he Centers for Disease Control released The Heads Up app to help parents, coaches and others learn how to spot the warning signs of a concussion or other serious brain injury. The app provides education on helmet safety and features information on selecting the right helmet for a child’s or teen’s activity, including information on what to look for and what to avoid. The free app is available for download on iPhones and Android devices. CJ


Cause of Black Forest Fire May Never Be Determined

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l Paso County Sheriff Terry Maketa says they might never know for sure how Colorado’s most destructive fire — the Black Forest Fire — started. He says smoking, a campfire and a train have all been ruled out as fire starters. Investigators previously said the fire was human-caused, but Maketa has said there is no evidence it was intentionally set. The Rocky Mountain Insurance Information Association (RMIIA) provided updated insurance damage estimates from the fire, with insured losses now estimated at $420.5 million resulting from approximately 4,173 auto and homeown-

ers claims. That’s about a $128 million dollar increase from the $292.8 million in damages estimated in the initial weeks after the fire. The Black Forest Fire ranks as the state’s second most costly wildfire. The Waldo Canyon Fire in Colorado Springs is the most expensive, with $460.3 million (in 2013 dollars) insured losses resulting from 6,648 auto and homeowners insurance claims. El Paso County reported 488 structures burned in the June 2013 Black Forest blaze, whereas 347 homes were reported burned in the Waldo Canyon Fire. Wildfire insurance costs hinge on a number of factors, including the number

of primary residences in the area (as compared to vacation homes and cabins), the cost to repair/rebuild, and the amount of insurance coverage on the properties. The number of claims filed — ranging from smoke or partial damage to destroyed vehicles and homes — in the Waldo Canyon Fire was 6,648, compared to 4,173 filed in the Black Forest Fire. CJ

Researcher Devises Cheap, Efficient Bedbug Trap

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esearchers at the University of Florida’s Institute of Food and Agricultural Sciences created a bedbug trap that can be built with household items. All you need are two disposable plastic containers, masking tape and glue, said Phil Koehler, UF/IFAS urban entomology professor. The traps catch and collect the bugs when they try to travel between people and the places where bedbugs hide, he said.

The traps rely on the bugs’ poor abili-

ty to climb on smooth surfaces, Koehler said. The traps have rough areas to let bedbugs enter easily, and a smooth-surfaced moat that keeps them from escaping. An April 2013 survey by the National Pest Management Association showed that nearly every pest management professional, 99.6 percent, had encountered a bedbug infestation during the prior 12 months. Nearly half, 49 percent, said infestations occur mostly in the summer. Because more people tend to travel and relocate during the summer, it’s possible more of them unknowingly bring bugs home or discover them soon after moving, according to the pest management group. Entomologists say bedbugs are becoming more resistant to pesticides, exacerbating what is also an expensive problem. Bedbug treatments can run $3,000 for a single-family home or $1,200 for a low-income apartment. Koehler and his colleagues creat-

ed their trap from about $1 worth of household items. The number of traps needed for any given dwelling depends on the number of places people sleep. Researchers estimate one would need about 50 traps for a typical three-bedroom home, enough to place one under each leg of furniture, including chairs, sofas and beds. The bedbug trap is the brainchild of Koehler; Benjamin Hottel, an entomology doctoral student; Rebecca Baldwin, assistant urban entomology professor; and Roberto Pereira, an associate research scientist in the UF entomology and nematology department. CJ CORRECTION In the spring issue of Claims Journal magazine, Contractor Connection (www.contractorconnection. com) was incorrectly listed as having 500 contractors in the U.S. and Canada in the Property Restoration & Disaster Recover Guide. However, Contractor Connection has more than 4,500 highly credentialed contractors in the U.S. and Canada. We regret the error. CJ Summer 2014 | Claims Journal 7


DEPARTMENTS

PEOPLE Christopher Swift

Doug Elliot

Carl Carano

Laurie Parsons

The Hartford appointed Christopher J. Swift executive officer and Douglas G. Elliot president. Liam E. McGee, currently chairman, president and CEO, continues in his role as executive chairman until the next annual shareholders meeting. The company also appointed Beth A. Bombara to succeed Swift in the chief financial officer role. The appointments are effective July 1, 2014. Swift joined The Hartford in March 2010 and is executive vice president and chief financial officer. Previously he held senior leadership and finance roles at American International Group (AIG). Elliot joined The Hartford in April 2011 as president of Commercial Markets. Before that he was president of Hartford Steam Boiler, a subsidiary of Munich Re, and a senior advisor with Aspen Insurance Holdings. Bombara has been president of Talcott Resolution since July 2012 and prior to that served as senior vice president and controller for the company. She joined The Hartford in April 2004. Prior to that, Bombara was a senior manager in Deloitte & Touche LLP’s audit practice and was a partner at Arthur Andersen LLP. In a separate announcement, The Hartford appointed Carl J. Carano vice president of loss control for the company’s Commercial Markets division. Carano will lead development and delivery of an array of risk management services for The Hartford’s commercial insurance customers. He will report to David Carter, head of Middle Market. The Associated Industries of Massachusetts Mutual Insurance Cos., a workers’ compensation insurer based in Burlington, Mass., promoted Laurie Parsons to director of claims. She will be responsible for managing a staff of 40 adjusters supporting the regional claim operation in a tri-state area. Parsons has specialized in workers’ compensation claims handling for more than 20 years. In addition to Massachusetts, she is licensed to handle claims in New Hampshire and Connecticut. Cunningham Lindsey Group appointed Jane Tutoki CEO. The appointment of Tutoki is part of a planned succession. President and CEO Philippe Bes will remain at the company as president through Aug. 31, 2014, after which he will retire. Following his retirement, he will serve as a senior advisor to the company. Tutoki joins Cunningham Lindsey from AIG Property and Casualty, where she served as global

8 Claims Journal | Summer 2014

head of claims operations since 2012. Previously, she worked as both head of Americas Region and executive director of Global Insurance for Xchanging plc. She held a number of senior positions at Zurich Financial Services from 2002 to 2010. Qatar Re appointed Andrew Deighton global head of claims. Deighton has a strong legal background, being qualified as a barrister and solicitor in the United Kingdom, and as an Advocate in Jersey, U.K. He has been active in insurance and reinsurance since starting in London in 1986. He moved to Zurich in 2000 to become transactional counsel for Zurich Re (later Converium), supporting underwriting and claims across the business. York International, a subsidiary of York Risk Services Group and a part of York Specialized Loss Adjusting, appointed Jennifer Betancourt to strengthen its Financial Lines claims capabilities within Latin America. Betancourt will be based initially in Buenos Aires, Argentina, and report to Norman Mitchell, executive director and head of Financial Lines in York International’s London headquarters on the development and delivery of the Financial Lines claims services across all Latin American business. Betancourt, a qualified Colombian lawyer, joins York International’s Financial Lines team following three years with York in Buenos Aires, where she provided loss adjusting services on general liability and financial lines claims in the Mercosur countries. ACE Group appointed Keith Higdon vice president, Claims Data Analytics. He will support both ACE and ESIS Inc., a risk management services company and member of ACE Group, in advancing and executing a claims data analytics strategy for each organization. Based in Chicago and reporting to Steven Laudermilch, senior vice president of claims, Higdon will work collaboratively with ACE’s Predictive Modeling team. He has nearly 20 years of both data analytics and client relationship management experience. Selective Insurance Group appointed Peyton Artz to assistant vice president, Corporate Claims. Prior to joining Selective in February 2014, Artz was a regional large loss manager at Hanover Insurance Co. CJ


CLAIMS REVIEW | NEWS & TRENDS

Reduced Insurance Claims Associated with Honda Collision Warning System

Experts Say Technology Changing How People View Tornadoes

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combined forward collision and lane departure warning system available on the Honda Accord is reducing insurance claims, according to new analysis by the Highway Loss Data Institute (HLDI), an affiliate of the Insurance Institute for Highway Safety. In the first real-world study of a crash avoidance system on a high-volume, non-luxury vehicle, Honda’s system was found to reduce insurance claims for damage to other vehicles by 14 percent. It cut claims for injuries to occupants of the equipped vehicles by 27 percent and claims for injuries to other road users by 40 percent. The rate of property damage liability (PDL) claims was 14 percent lower for vehicles with forward collision and lane departure warning than for those without. PDL covers damage caused by the insured vehicle to someone else’s vehicle or property. Claims for front-to-rear crashes that forward collision warning systems are intended to address are common for this type of insurance, and previous studies of front crash prevention systems found statistically significant reductions in PDL claim frequency. In earlier studies, forward collision warning systems without autobrake from Mercedes-Benz and Volvo resulted in PDL frequency reductions of 7 percent. Systems that included autobrake had reductions of 10-14 percent. Frequency under collision coverage, which pays for damage to the insured vehicle, was 4 percent lower with

Honda’s warning system, though the reduction wasn’t statistically significant. Effects on collision claims would be expected to be weaker than the effects on PDL because collision claims include many single-vehicle crashes that wouldn’t be addressed by the technology. That pattern was observed in the earlier analyses of front crash prevention systems as well. Notably, collision claim severity, or average loss payment per claim, fell by $409 with the warning system. This indicates that many crashes that aren’t prevented by the feature are mitigated. Previously studied warning systems didn’t show declines in collision severity, and the difference may have to do with the location of the equipment on the vehicle. Honda’s system relies on a camera located inside the vehicle, while the other systems use external radar sensors that can be easily damaged, pushing up repair costs in crashes that aren’t avoided.

Injury claim frequencies also fell with the warning system. Bodily injury liability coverage, which pays for injuries to occupants of other vehicles or other people on the road, declined 40 percent. Medical payment insurance, which covers injuries to occupants of the insured vehicle, fell 27 percent. Personal injury protection, which is sold in states with no-fault insurance systems and covers injuries to occupants of the insured vehicle regardless of who is at fault, fell 11 percent, but the result wasn’t statistically significant. CJ

xperts say that advances in technology, particularly social media, are changing how people watch for severe weather and how quickly images of the damage can be shared.

John Robinson, the warning coordinator for the National Weather Service’s Little Rock office, said Facebook, Twitter and other social media as well as smart-phone apps are helping people learn about storm warnings faster. “A few years ago, we wouldn’t see the instant pictures (on the Internet) of damage,” he said. “Now we are seeing pictures of what the tornado looks like immediately. It’s powerful confirmation,” he told the Arkansas Democrat-Gazette. Jackie Fowlkes was in church when she received a warning April 27 about a tornado on her phone from an app that broadcasts emergency warnings. She told her pastor, who gathered people into the church’s basement in Vilonia. Then Fowlkes checked her Facebook page and saw snapshots confirming that the twister had struck nearby. “I knew instantly that it touched down, and it was bad,” she said. Although people still rely on traditional methods for warnings, such as radio and tornado sirens, advancements in technology are helping, Robinson said. Storm warnings are issued on average 14 minutes before tornadoes strike, according to The National Oceanic and Atmospheric Administration. CJ Summer 2014 | Claims Journal 9


DEPARTMENTS

BUSINESS MOVES istrator with defined underwriting and claims responsibility. The program, which focuses on select classes of risk, will be rolled out around the nation. Patriot Underwriters produces, underwrites and administers alternative market and traditional workers’ compensation insurance plans for insurance companies, segregated cell captives and reinsurers.

USAA USAA has broken ground on a 420,000square-foot Tampa, Fla., headquarters that officials say will bring 1,200 new jobs to the area. So far, the company has hired 130 new employees, with the others to be added by 2019. The new building is scheduled for completion in 2015. Abra, Collision Centers of America ABRA Auto Body & Glass, a national damaged vehicle repair company, purchased all 24 Collision Centers of America repair centers in Chicago, Ill., the surrounding communities and Northwest Indiana. Terms of the deal were not disclosed. The purchase boosts its nationwide portfolio to 218 collision repair centers in 17 states. ABRA plans to continue expanding in the months and years ahead as part of its aggressive national growth strategy. Patriot Underwriters, Scottsdale Patriot Underwriters Inc., a workers’ compensation insurance provider headquartered in Fort Lauderdale, Fla., announced its partnership with Scottsdale Insurance Co. Scottsdale is owned by Nationwide Mutual Insurance Co. Under its agreement with Scottsdale, Patriot will serve as a program admin10 Claims Journal | Summer 2014

Xerox, ISG Holdings Conn.-based Xerox announced a definitive agreement to acquire ISG Holdings Inc. for $225 million, creating a comprehensive workers’ compensation suite of offerings for clients in the property/casualty insurance industry. Xerox will add the following ISG subsidiaries and their offerings to its portfolio: • StrataCare, based in Irvine, Calif., provides comprehensive web-based medical bill review software, workflow and outsourcing solutions. • Bunch CareSolutions, based in Lakeland, Fla., provides medical management solutions with real-time integration between medical bill review and nurse case management. Once the acquisition is complete, the brands will go to market as StrataCare, A Xerox Company and Bunch CareSolutions, A Xerox Company. CoreLogic CoreLogic, a global property information, analytics and data-enabled services provider, launched the CoreLogic Flash Flood Risk Score, a new data analytics tool designed to inform insurers of the overall projection of flash flood risk beyond established Federal Emergency Management Agency (FEMA) floodplains. CoreLogic Flash Flood Risk Score uses a combination of hydrology, meteorological and environmental datasets to provide both a numeric risk score (1-100) and a

categorical risk rating (ranging from Very Low to Extreme) that enables underwriters to set guidelines for flash flood risk and evaluate portfolio risk exposure. Proprietary data layers are used to identify risk associated with intense rainfall, soil types, ground elevation and flow accumulations. Flash flooding accounts for 33 percent of inland flood property damages in the United States, totaling $7.9 billion between 2005-2012, according to the National Weather Service and the National Climatic Data Center. The Flash Flood Risk Score is the latest addition to the company’s flood risk tools, which includes Digital FEMA flood maps, Coastal Storm Surge, Flood Risk Score, and Combined Sewer Area. Geico Geico plans to hire 350 additional workers at its regional office in Stafford County, Va., by the end of the year. Geico officials announced the expansion during a celebration of the insurance company’s 20th year in Stafford. The office opened in 1994 with 700 associates and now employs more than 3,500 workers. Geico is Stafford County’s largest private employer. VRS VeriClaim, Ellis May T&H Global Holdings, a provider of specialized insurance claims services to insurance carriers, insurance brokers, corporations and public entities, announced that its VRS VeriClaim UK Ltd. subsidiary acquired Ellis May Chartered Loss Adjusters, a provider of high net worth and commercial loss adjusting and claims handling services to the property/casualty insurance market. Established in 1995, Ellis May has 39 employees operating from offices in London (Uxbridge), Leeds and Birmingham. Following the acquisition, the Ellis May business will operate as the VRS VeriClaim Private Clients Division doing business as Ellis May. Clive Ellis will become the managing director of the new division. CJ


DEPARTMENTS

DOLLARS & SENSE 13

The record low number of boating fatalities for Louisiana in 2013, reported by state wildlife officials. The previous low for boating fatalities was 19 in 1992 with a high of 79 in 1974 — the first year boating incident statistics were recorded. Since 2010, Louisiana has averaged 25 boating fatalities a year. The drop in boating fatalities is primarily attributed to the state’s mandatory boating education class. Since 2003, more than 50,000 boaters statewide have been certified. Officials say stricter driving or operating a vessel while under the influence enforcement and introducing new regulations for wearing a personal flotation device also helped lower the numbers.

$850,000

The amount per year State Farm plans to pay the state of Ohio to place advertising on vans that help stranded motorists. The four-year contract with the Ohio Department of Transportation gives the company sponsorship rights for the agency’s safety patrol vehicles. The vans monitor major interstates for stranded motorists, helping them change tires, jump start cars and providing fuel and coolant. Freeways around Cincinnati, Toledo, Cleveland, Columbus, Dayton and AkronCanton are patrolled from 6 a.m. to 7 p.m. Monday through Friday. ODOT’s safety patrol program helped more than 90,000 motorists in 2013.

$445 Billion 18% Is the amount per year in trade theft due to computer hacking, which is expected to worsen, according to a report from former U.S. intelligence officials. Financial companies, retailers and energy companies are at risk from sophisticated thieves who pilfer data from their servers. More than 40 million people in the U.S. have had their personal information stolen within the last year. The top five cyberattack methods reported in an unrelated survey on cybersecurity were malware, phishing, network interruption, spyware and denial-of-service attacks.

45,367

The total number of motorcycles reported stolen in 2013, compared with 46,601 reported stolen in 2012 — a decrease of 1.5 percent. That’s according to the National Insurance Crime Bureau (NICB), which released a report on motorcycle thefts in the United States for 2013. Motorcycles are most susceptible to thefts during mild times of the year. Most thefts occurred during the summer months and the fewest during the winter. July had the highest number of reported thefts in 2013 with 5,360. August was next with 5,288, followed by September with 4,793. The fewest thefts were reported in February with 2,124, followed by December with 2,546 and March with 2,674.

The percent increase in large truck crash fatalities since 2009, according to Federal Motor Carrier Safety Administration (FMCSA) statistics. In one year alone large trucks were involved in 317,000 traffic crashes resulting in an average of 75 deaths per week. That’s 11 per day. In 2012, there were nearly 10.7 million tractor-trailers and large trucks on the roads in the U.S., the FMCSA says.

3.2

The number of recordable injuries and/or illnesses per 100 full-time workers in 2012 for Ohio, which is lower than the national average of 3.7. Transportation and warehousing had the most non-fatal injury and illness incidents in private industry in Ohio. Other industries with high incident rates were healthcare and social assistance, manufacturing, retail trade and construction. Employers can access state and national data about non-fatal workplace injuries on the Ohio Bureau of Workers’ Compensation (BWC) website. The data is compiled as part of the U.S. Bureau of Labor Statistics 2012 Survey of Occupational Injuries and Illnesses.

$483.4 Million The amount in cash and investments at the end of March 2014 held by the Texas Windstorm Insurance Association. TWIA reported more than $100 million in reserves earmarked for the remaining lawsuits associated with Hurricanes Ike and Dolly. Net income for the first quarter of 2014 was $91.2 million. Written premium was up by about 4.4 percent, attributed mostly to a 5 percent rate increase that went into effect on Jan. 1. TWIA’s Catastrophe Reserve Trust Fund held around $210 million at the end of March. CJ

Summer 2014 | Claims Journal 11


SPECIAL REPORT | 2014 JOB & SALARY SURVEY

Web Resource: To listen to the podcast interview with Celent’s Karlyn Carnahan visit: http://www.insurancejournal.tv/videos/11296/ To listen to the podcast interview with The Institutes’ Marty Frappolli visit: http://www.insurancejournal.tv/videos/11290/ 12 Claims Journal | Summer 2014


2014 Job and Salary Survey Reveals Confident, Secure Market By Denise Johnson

I

nsurance industry professionals are bullish when it comes to the economy and their jobs, according to an industry expert. The same appears to hold true for the claims adjusters and managers who responded to the third annual Claims Journal 2014 Job & Salary survey. More than 80 percent of survey respondents felt confident in their job security. Job confidence appears to lead to happier adjusters, too. More than 88 percent like working for their employers, and more than 50 percent were happy with their overall compensation. The survey results are based on responses from 442 participants in 29 states during April and May 2014. This is the third annual survey. The survey revealed that 86 percent of respondents work for admitted carriers and that the majority of adjusters still work in a company office. Positive Job Outlook 16% 22% 11% Dave Coons, senior vice president of The Jacobson Group, citing his company’s January labor study results, found that “the respondents seem to be very bullish on the state of the economy, the state of the insurance industry and employment.” He explained that in January 2014, the

unemployment rate for the insurance industry fell to just 2 percent. “That’s the lowest point since March 2007,” Coons said. Staffing and revenue plans for the year are positive, too. He said insurers planned to increase staff in technology, underwriting, claims, and sales and marketing. “Sixty-two percent [of respondents] indicated that they planned to increase staff, and 87 percent are forecasting increases in their revenue,” Coons said, referencing the Jacobson study. In addition, insurers are continuing to add temporary staff. Coons said that between January 2013 and January 2014, 230,000 temporary jobs were added. “Seventy-two percent of the companies that responded to the [Jacobson] survey said they’re going to maintain their temp staffing levels,” he said. “They aren’t cutting back. They may not be growing them, but they’re going to keep them as strong as they have been,” Coons said. 17%He added 1515%percent15% said 33% that “another 13% they actually plan to increase temp staffing levels.” “Of all the respondents [to the Jacobson survey], only 13 percent were anticipating a decrease in temp staffing, and some of that, or probably much of that, comes from seasonality,” according to Coons.

Claims Outsourcing While carriers are holding on to their temporary claims staff, they are also looking to outsource some claims functions. Karlyn Carnahan, research director at Celent, said there is a lot of outsourcing in claims. Carriers typically do this for a few reasons. End-to-end outsourcing of the entire claims process typically happens with small carriers that don’t have a full claims staff.

‘The respondents seem to be very bullish on the state of the economy, the state of the insurance industry and employment.’ Carriers also may outsource claims associated with a niche market that requires unusual expertise. More prevalent, according to Carnahan, is specific claims 6% 5% functions, 10% 5%outsourcing 51% like after-hours first notice of loss report taking, adjusting or inspecting the risk itself, disbursements, payments, recoveries and subrogation. “These are specialized processes where having expertise can not only reduce continued on next page

Years of Experience

0-5 16-20

6-10 21 plus

11-15

0-5 16-20

6-10 21 plus

11-15

0-5 16-20

6-10 21 plus

11-15

Summer 2014 | Claims Journal 13

17%

63%


SPECIAL REPORT | JOB & SALARY SURVEY continued from page 13

Claims Department Staff Changes in 2014 Increased Staff Size Decreased Staff Size Stayed the Same in 2014 compared to 2013

Adjuster Independent Adjuster 28% 44% 33% 13% 39%

44%

Adjusters’ Claim Load Under 50 50-75 76-100 101-125 126-150 151-175 176-200 200 plus

Adjuster Independent Adjuster 18% 46% 13% 11% 11% 14% 18% 0% 14% 3% 6% 11% 9% 11% 12% 5%

Adjuster Settlement Authority Under $25,000 $25,000-$50,000 $50,000-$100,000 $100,000-$500,000 $500,000 plus

Adjuster Independent Adjuster 35% 32% 23% 15% 17% 20% 19% 15% 7% 17%

Claims Management Top 2014 Concerns Technology Rollout Budget Tightening/Layoffs Senior Personnel Retiring Lack of Education Funds

44% 40% 21% 13%

Where Adjusters Work Work at Home Work in the Office Combination of Both Other

14 Claims Journal | Summer 2014

the cost, but even more importantly can improve the outcome,” Carnahan said. Other areas that can be outsourced include medical bill review, litigation management, document processing and data analytics. “It’s difficult for carriers to have all of the expertise necessary in-house to do all of the different aspects of a claim very well,” Carnahan said. Recruiting Challenges A big challenge to finding talented claims people is the low unemployment rate, according to Coons. Many Claims Journal survey respondents commented that the biggest challenge facing their claims team was finding skilled employees. “Finding talent is a pretty significant challenge right off the bat,” Coons said. “Demand is high, and supply is relatively low.” Part of the demand, both he and Carnahan said, is being created by the aging workforce. For a few years now, the insurance industry, and claims in particular, has had to consider its aging workforce. The majority of adjusters that responded to the Claims Journal survey fell into two age categories — 41 to 50 and 51 to 60 — confirming that claims professionals are getting older. Each of the two prior surveys reflected similar figures. Claims managers responding to the survey also voiced their concern over the aging workforce and impending retirement of experienced claims personnel. “We hear this time and time again by our clients and throughout the conferences that we attend … that there’s this impending skills gap,” Coons said. “They have an aging continued on page 16

Business Lines Represented 13% 64% 24% 1%

Workers’ Compensation Auto (Personal and Commercial) Home Commercial General Liability Inland Marine

29% 53% 36% 43% 17%


9%

25%

30%

28%

7%

3%

13%

32%

35%

16%

3%

12%

37%

Female vs. Male in Claims Industry

Female

Male

Female

Male

Female

Male

Age Range

Under 30 51-60

31-40 Over 60

41-50

Under 30 51-60

31-40 Over 60

41-50

Under 30 51-60

31-40 Over 60

41-50

Transition: From Claims Adjuster to Claims Manager

A

n adjuster who wishes to transition to a management role should be ready to outline the company’s mission and objectives, said Marty Frappolli, senior director of Knowledge Resources for The Institutes. “For the claims handler who seeks to transition to claims management, or who is already there, one of the most important things is to learn more about the larger goals of the insurance organization, such as the mission, the vision,” he said. Clearly articulating the insurer’s mission, how a claims job supports that mission and how a claims department’s efforts are aligned with the larger objec-

tives is invaluable. He said the big picture point of view can be a key factor for successful transition to claims management. The transition isn’t necessarily easier when the promotion comes with a new employer, Frappolli said. “There are real advantages when you are working in an organization that is well-managed from the top down, and you are comfortable with that culture. The one difficulty is that you may find yourself as the manager of people who were once your peers,” Frappolli said. “One day, a week ago you were out drinking beer after work, and now you’re the boss, so perhaps you will need to cope with some envious

reactions. That’s not new turf or territory, but it is a hurdle that a lot of new managers face.” While there are advantages to taking a managerial role in a new company, such as the honeymoon period or potentially implementing new programs or ideas, Frappolli said that it can add an extra burden, if this is a first managerial role, to adjust to a new company culture while also learning how to be a successful manager. Education remains important in any claim role. An effective leader learns and understands the organization’s mission and how it drives strategy and goals,” Frappolli said. CJ Summer 2014 | Claims Journal 15

38%

10%


SPECIAL REPORT | JOB & SALARY SURVEY continued from page 14 workforce population that they know they’re going to have to deal with. We expect that nearly half will retire in the next 15 years. In claims, this is particularly hard-hitting.” Carriers are looking for skilled adjusters with appropriate licensing that also have knowledge and experience with particular technologies, Coons said. “Certainly they’re looking to bring in people at all levels of experience. Carriers

are definitely trying to attract relatively new employees, younger employees who

Carriers are looking to bring in people with all levels of experience. are less experienced. They’re looking for mid-level folks who can bring some expe-

Average Annual Salary Adjuster Independent Adjuster Company Management

2013 $73,339 $79,187 $110,730

2014 $78,642 $80,045 $116,060

2013 9% -13% 6%

2014 4% 8% 4%

Average Salary Raise Company Adjuster Independent Adjusters Company Management

Average Overall Compensation Increase Company Adjuster Independent Adjusters Company Management

2013 4% -5% 6%

Type of Carrier Worked For Admitted Lines Excess & Surplus Lines

86% 14%

2014 5% 6% 10%

rience in. But what they’re really trying to figure out is, ‘How do we capture the expertise of this brain trust and embed it in our processes?’” Carnahan said. Most of the respondents in the Claims Journal survey had experience levels totaling more than 20 years. This is one reason why carriers are focusing heavily on replacing claims administration systems. “What they’re trying to do is gather that expertise, gather that knowledge and build it into the system, whether it’s being built in through business rules, through workflow, through the ability to get approvals or authority to take a look at those when those happen,” Carnahan said. To fill the gap, carriers need to look at college graduates, Coons said. “That is about the only way we’re going to address this skills gap, when you look at having nearly — it’s about 48 percent — of your workforce population that’s going to retire in the next 15 years. Those who are in the wings today will be able to move into those roles in which the older generation retires from, but it leaves us with a tremendous gap on the back-end,” Coons said. Coons said that companies will try to fill the gap with college grads and those with less than two years of experience. Since adjusting skills may be lacking, carriers must hone in on the characteristics of new employees, the experts suggested. Do they have the motivational fit? Do they show the maturity? Do they have the intellectual horsepower? Do they want to build a long-term career around a claims discipline? The right talent will no doubt affect the longevity of claims businesses. CJ

Employee Job Satisfaction: Who Likes Their Job Comparison 2013 to 2014 Adjuster Independent Adjuster 2013 Yes 87% 94% No 13% 6% 2014 Yes 86% 87% No 14% 13% 16 Claims Journal | Summer 2014

Management 91% 9% 91% 9%


SPECIAL REPORT | WORKERS’ COMPENSATION

The Delay of ICD-10 in Workers’ Compensation & Auto Casualty

T

he International Classification of Diseases – 10th Revision, Clinical Modification and Procedural Coding Systems (ICD-10-CM/PCS) will be implemented on Oct. 1, 2015. This new implementation date was initiated by a bill passed by the Senate on March 31, 2014. H.R. 4302, Protecting Access to Medicare Act of 2014, is also called the “doc fix bill” related to the Medicare sustainable growth rate (SGR). The Oct. 1, 2015, implementation date announced by the Center for Medicare/Medicaid (CMS) in a forthcoming interim rule is one year after the date the healthcare industry was By Michele Hibbert-Iacobacci preparing to implement the new code set for standardization across the United States. ICD-10 is an international classification system. The United States is the only civilized country not using this classification, making comparisons to the global healthcare community consistently difficult. New Implementation Date How will this new implementation

date affect workers’ compensation and auto casualty industry to include payers and providers? There are many commonalities between these two industries in using ICD-10, as both are non-covered entities under the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is the law that required among other standardizations, the use of ICD-10 in the United States. Non-covered entities were not required to use HIPAA standards like ICD-10 but have been voluntarily, and in some cases by state legislation, making the transitions. After all, the providers are “covered” entities under HIPAA and it would have been inconsistent to require two classification systems to be used. The intent is to use updated language to communicate information about the patient to achieve greater quality of care. Regardless of the payment system, the patient’s care should be documented consistently. Workers’ compensation and auto casualty were ready to implement ICD-10 by Oct. 1, 2014, just like covered entities. The dependencies on how bills would be presented for payment was always at question even before the delay, because many of

the providers in workers’ compensation and auto casualty were not exposed to the communications from CMS as were the providers in health. The initial expectations by workers’ compensation and auto casualty covered every possibility including: • ICD-10 codes being submitted before the effective date of Oct. 1, 2014; • ICD-9 codes being submitted well after Oct. 1, 2014;

The United States is the only civilized country not using the ICD-10 classification system. • Mixed codes (ICD-9 and 10 on the same bill) in auto casualty. In addition to the above scenarios, now we will need to consider that a larger quantity of providers may submit ICD10 on Oct. 1, 2014, and not know about the delayed implementation until 2015. Fortunately most vendors, contractors and payment systems have been programmed to make changes to the effective dates due to the past delays. continued on page 19 Summer 2014 | Claims Journal 17


SPECIAL REPORT | WORKERS’ COMPENSATION

4 Steps to Building a Profitable Workers’ Comp Claims Model Having relationships with a few outstanding doctors like this will make it easier to collaborate on modified-duty clearances, streamline medical administrative processes and increase the flow of essential communication.

S

tatistics from the National Council on Compensation Insurance (NCCI) suggest a workers’ compensation insurance rebound. According to the 2014 State of the Line report, the combined ratio in 2013 was 101, a seven-point drop from 2012 and a 14-point decrease from 2011. While this improvement is encouraging, workers’ compensation remains a money-losing line for the insurance By Corey Lile industry. Digging further into the data reveals that workers’ comp has only been profitable for insurers for two years during the last two decades. The system is a broken one, but it doesn’t have to be. A fully committed management overhaul can significantly alter the outcome and costs of workers’ comp claims. In fact, a claims model centered on proactive management and claims control can not only make workers’ comp profitable for insurers, but it will also save clients money and get injured workers back to 18 Claims Journal | Summer 2014

work sooner. Developing a workers’ comp claims model that works begins with these four steps. Step 1: Narrow the PPO. One of the defining factors in maintaining control over a workers’ comp claim is securing a carefully chosen preferred provider organization (PPO). Because physicians help dictate important elements of a claim, such as when an employee can return to work and the extent of permanent disability, they can be a source of financial benefit or harm for carriers. Thus, defining your PPO with an umbrella healthcare network, which could include thousands of doctors, limits the extent to which carriers can control the claims process. It is better to commit to a few doctors for the PPO with whom you can build relationships. Look for physicians who are superior medical care providers (particularly in common workers’ comp related injuries), willing to expedite the healing process and have an aptitude for workers’ compensation laws and best practices.

Step 2: Develop and implement a return-to-work program. The longer an injured employee is out of work, the larger the claim becomes, as the lost time portion of the claim accumulates. In fact, while lost time claims are only 23 percent of all workers’ comp claims, they account for 94 percent of claim costs, reinforcing the need to bring employees back to work, even if they are unable to fulfill their prior duties. A robust return-to-work program should begin by identifying and formally writing out modified or light-duty job descriptions that can accommodate a wide variety of injuries, such as the inability to use the back, hands or legs. Not only will getting an injured employee back in the workplace reduce the risk of expensive litigation, but it can also significantly alter an injured worker’s impairment rating by providing proof that an employee continues to have value to a business, despite the injury. Step 3: Streamline claims management. A carrier’s in-house claims management system can determine the overall efficiency of a claim. But all too often, carriers embrace a detached claims approach, where the case begins with an intake adjuster and could travel through four to five adjusters before it may ultimately be assigned to an attorney. When claims are handled this way, not only does the carrier relinquish control over the claim, but neither clients nor their injured employees know whom to contact with updates or questions, stripping away the ability to gain powerful insight of the claim. A claim should have only one claims manager throughout its duration. This way,


all parties involved — from the doctor, to the claimant, to the employer — will have a consistent single point-of-contact. This dedicated manager is able to stay on top of all details of the claim and focus on closing it quickly with minimal costs. For maximum efficiency on closing claims, each manager should only handle 75 cases, as opposed to the industry average of 150 to 200 cases. Step 4: Enforce workers’ compensation protocols. Without developing a proactive culture of workers’ compensation management, claims costs will continue to rise, so insurance carriers must set and enforce standards for workers’ compensation best practices. • Hiring — Make employers aware of the expectations set forth regarding workplace safety and recommend pre-employment physicals so that clients can prevent hiring an obvious workers’ compensation risk. • Firing — Develop a policy that ensures clients speak with claims managers before continued from page 17 There are many commonalities between workers’ comp and auto casualty as non-covered entities but there are also specific areas that each of these industries needs to consider for the delay. Auto Casualty Few states have provided guidance in the use of ICD-10 to auto casualty payers. When in doubt, or without guidance, the auto casualty industry usually defaults to the federal standards for payment in first party. In states where the Medicare fee schedule (i.e., Pennsylvania, Florida) is adopted for payments in no-fault (NF)/ personal injury protection (PIP), it would be imperative for the auto casualty payer to be ready with ICD-10 in order to use the inpatient fee schedules (Diagnostic Related Groups – DRGs). Due to the fact that CMS needs to change their plan, auto casualty will utilize ICD-9 as published by CMS until the effective date of ICD-10. Auto casualty deals with third party and it was our expectation that we would continue to see ICD-9 for a long period of time after the effective date of ICD-10. There is no requirement to pres-

firing an employee with an open workers’ to put significant effort into the back-end comp claim, so that you can ensure a solid of the claim, such as is outlined in the defense case first. four steps above. Few developOnce the employer ments in a work- Workers’ compensation switched carriers remains a money-losing line and worked within ers’ comp case can elicit a costly for the insurance industry. a model that incorlawsuit as fast as porates these four the ill-timed tersteps, the company’s mination of an injured employee. losses were reduced by 86 percent the • Reporting — Expediency is critical first year, and another 88 percent the folfor securing an accurate and controllable lowing year. These results yielded a lower claim. Set a culture among clients to premium for the trucking company, and a ensure they are reporting claims to you, profitable account for its carrier. and other necessary parties, within 24 If every carrier committed to these hours of learning of the injury. tactics, I believe new data would reflect By cultivating a true partnership with a healthy and sustainable industry, giving clients to implement these proactive carriers, employers and injured employees tactics, the workers’ comp system can an improved system with better outcomes become a strong profit center for carriers. for all parties. CJ Commit to the Tactics Consider a real client — a trucking company based in Tennessee. Its former insurance carrier placed a heavy emphasis on front-end injury prevention but failed

Lile is the founder and CEO of OccuSure Workers’ Compensation Specialists, a Brentwood, Tenn.based managing general agent specializing in lowering workers’ compensation claims. Website: www.occusure.com.

ent actual billing statements from providers as part of a third party demand and often the bills are composites in letter, itemizations by attorneys and subrogation detail. We anticipated translating these bills into ICD-10 formats moving forward as part of the review process.

Potential Impact Anticipating that providers will likely react by submitting ICD-10 codes to payers before the implementation date of Oct. 1, 2015, both auto casualty and workers’ comp payers need to have a plan. Payers will need to make decisions on how they will handle these claims if rules are not changed at the state level. It is likely the federal rules will be used. Some payers may decide to turn these claims back to providers, while others will translate to ICD-9 for payment. Many aspects are positive for workers’ compand auto casualty. Additional time for testing, communicating to providers and education (external/internal) enhances the readiness for the new date. The unanticipated cost of maintaining additional staff of testers, educators and coders for a longer period of time was likely not accounted for in most budgets. Retraining staff also may be an added expense because without real-time use of the code sets it is likely staff will forget the concepts. CJ

Workers’ Compensation The workers’ comp industry will likely have a higher impact than auto casualty due to the readiness of many states in adopting statutes through legislation for the implementation of ICD-10. Now, the states need to revisit the delays and potentially involve legislative updates. One of the largest impact areas will be to revisit the reporting requirements by the states and what is included. The delay to 2015 will also delay programs in workers’ comp that were instituted to monitor the new code set and the anticipated benefits of tracking risks to injured employees. Monitoring in states for improved financial and administrative performance due to the added descriptions and codes that benefit the review of claims will need to be put on the back burner until Oct. 1, 2015.

Hibbert-Iacobacci is vice president for Mitchell Information Management & Support. Summer 2014 | Claims Journal 19


IDEA EXCHANGE | BURKE’S LAW

The New Importance of ‘For Hire’ Exclusions in Personal Auto

P

ersonal automobile insurance policies generally exclude coverage when the insured carries a passenger for a fee. The exclusion is usually not a source of controversy. But with the rapid growth of peerto-peer transportation networks, the personal auto livery exclusion has caused insurance coverage concerns related to ridesharing networks. It is important for insurers, insureds By Burke Coleman and other related parties to understand the applications and implications of the livery exclusion. In a recent case, the Fifth Circuit Court of Appeals evaluated a “for hire” exclusion. While the case addressed a different context, the decision offers a clear statement on the exclusion and shows that courts remain inclined to enforce the plain language of livery exclusions. In State Farm Mut. Auto. Ins. Co. v. Logisticare Solutions, LLC., 2014 U.S. App. 20 Claims Journal | Summer 2014

LEXIS 9664 (5th Cir. May 23, 2014), the court held that a “for a charge” exclusion excluded coverage where the driver received payment amounting to more than the reimbursement of expenses. In the case, the insured served as a “volunteer” driver for a non-emergency medical transportation service. After a passenger was injured during a trip with the service, the insurer denied coverage citing policy language excluding coverage “for damages arising out of the ownership, maintenance or use of a vehicle while it is being used to carry persons for a charge.” The driver argued that the exclusion did not apply to her “reimbursements” and pointed to a previous ruling from a Georgia trial court that the “for a charge” exclusion did not apply because “it did not appear that the parties intended to exclude coverage when the insured was reimbursed for mileage expenses, even if respondent Logisticare profited from the transaction.” But the decision neither bound nor persuaded the Fifth Circuit. The court

emphasized that, while not specifically defined, “for a charge” was not “unusual, technical or otherwise unclear.” Although the Georgia trial court had been persuaded by the parties’ characterization of the payment as “reimbursement” for the “volunteer” driver, the Fifth Circuit looked not to the form of the arrangement, but the substance of the payments. According to the court, Logisticare’s reimbursement system allowed drivers to profit in certain circumstances, and the exclusion clearly and plainly barred coverage “where the driver receives payment … that amounts to more than reimbursement.” The court further rejected the driver’s attempt to characterize the arrangement as a “share-the-expense” situation, highlighting that the share-the-expense exception to the exclusion “refers only to expenses” and “unambiguously does not apply where the insured receives more than reimbursement.” The ruling, although not unexpected, offers important guidance on livery exclusions. Personal auto insurers base their


coverage and premiums on assumptions about the expected use of the personal vehicle, and the “for a charge” exclusion ensures that insurers are not assuming additional, unintended, commercial risks. As the Fifth Circuit decision demonstrates, courts are supportive of the principles underlying the livery exclusion and are willing to enforce its plain language.

for the insurance industry to respond that in Logisticare, excluding coverage by adapting coverages to address TNCs. when the insured is “carrying persons for TNCs have addressed a few of the potena charge,” but other policies use broader tial gaps by obtaining commercial policies language that also excludes coverage whenever the driver is “available for hire to and contingent coverages for their drivers. State and local governments, recognizing the public.” As demonstrated by the Fifth the impact of “for Circuit in Logisticare, With the rapid growth hire” exclusions in courts have upheld livery exclusions of peer-to-peer transpor- personal policies, continue to develop and will enforce the tation networks, the regulations with a plain language of the personal auto livery focus on insurance exclusion based on requirements. the substance of the exclusion has caused It is important activity. Peer-to-peer insurance coverage for interested parties drivers’ use of the concerns. to understand the ridesharing applicapersonal auto livery tions and provision exclusion and its impact on the evolving of services will ultimately dictate the transportation industry. applicability of particular exclusions, but significant questions have arisen regarding when a driver is “available for hire” or proColeman is legal counsel and compliance manager viding livery services, and how the livery for Demotech Inc. This article is for informational exclusion and other exclusions could shift purposes only, is not intended as legal advice, and responsibility between various parties and is not a substitute for independent legal analysis applicable insurers. and advice on a particular issue. Email: Some state regulators have called bcoleman@demotech.com.

Insurance Coverage and TNCs This exclusion has driven the concerns regarding insurance coverage for peer-topeer ridesharing networks. The introduction of transportation network companies (TNCs) such as Uber and Lyft has not only challenged the traditional transportation industry but also generated new insurance questions. TNCs allow individuals to offer “ridesharing” services for a fee through an app-based network but, as many insurance regulators have warned, the livery exclusion in drivers’ personal auto policies may exclude coverage, leaving drivers, passengers and third parties unprotected. Many policies use language similar to

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Summer 2014 | Claims Journal 21


DEPARTMENTS

WEB EXCHANGE

Combined Claims Conference Video Highlights Tips for a Successful Mediation http://www.insurancejournal.tv/videos/10947/ In a video interview with Claims Journal at the Combined Claims Conference, Lee Jay Berman, a mediator at PMA Dispute Resolution, explains how pacing and varying agendas can affect mediations and how adjusters can best prepare for a successful mediation. The 7 Habits of Highly Effective Coverage Adjusters http://www.insurancejournal.tv/videos/11260/ In this edition of Claims Insight, Kevin Quinley, founder and principal of Quinley Risk Associates, discusses the habits necessary to be an effective coverage adjuster. He describes why policy analysis is the bedrock of claims handling and reasons why peer reviews, getting the underwriter’s perspective and outside counsel opinions are important.

Podcast Highlights Tips on Handling HVAC Claims http://www.insurancejournal.tv/videos/11206/ Sponsored Podcast: Heating, ventilation and air conditioning unit claims can be tricky for adjusters to handle due to their technical nature. In this podcast sponsored by Donan, Alex Nolan, general manager of lightning investigation, explains why repairs versus replacement should be the norm, issues surrounding R-22 and SEER ratings, and how warranties play into the claims process.

In a Reader’s View Liability for Allowing Drunk Driving: The Death of Personal Responsibility? An article by Claims Journal contributor and attorney Gary 22 Claims Journal | Summer 2014

Wickert generated a number of reader comments. He writes, “What is the potential civil liability for the inactions of innocent bystanders who fail to take action to prevent friends — or even strangers — from drunk driving? “Imposing liability on a person for failing to inject himself as a surrogate parent into the life of another person, strangers and friends, is a bad idea. It opens a Pandora’s box of devastatingly bad legal precedent. Our laws reflect our society and, as a society, we are witnessing the slow death of personal responsibility. “Everyone must be held responsible for their own actions, and no one should ever be held responsible for the acts of another. Turning back lawsuits that try to impose civil liability for failure to prevent another person from making questionable personal choices, including getting in a car drunk, is a meager but necessary first step to reclaiming the important concept of personal responsibility.” Tom says: Why not extend the duty to predict the outcome of any malevolent event? Here in Minnesota, within the last few weeks, two intoxicated adults fell asleep outside — one died; the other was nearly frozen solid when found. She survived. Her “roommates” had dropped her off earlier that evening but never made sure she found her way into the house they shared. She was found the next morning half alive on the porch. Are we at a point where the roomies should be held accountable for their inaction? Should we blur the lines willy nilly? CJ

ClaimsJournal.com Web Poll

Where do you think the next big wildfire will occur?

1.4%

(4 votes)

East Coast

82.81

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2014

GUIDE TO CLAIMS

EDUCATION & TRAINING C

laims Journal is pleased to publish the 2014 Guide to Claims Education and Training. This exclusive resource directory has been designed to help claims professionals find educational and training opportunities to enhance their professional growth.

Education and training providers, including insurance schools, associations, various vendors and instructors submitted information on their course offerings, online educational capabilities and correspondence education directly to Claims Journal. While this directory is only a snapshot of the vast array of education and training courses available to the industry, we hope you find it helpful when searching for the right provider for your organization. We look forward to expanding and enhancing this guide in the future and welcome your feedback on how we might improve it. Please send any comments or suggestions about the guide to editorial@claimsjournal.com. To submit a listing, e-mail Kristine Honey at: khoney@claimsjournal.com.

Organization: 360training.com Contact: Tricia Sharpton Email: tricia.sharpton@360training.com Address: 13801 N. MoPac, Austin, TX 78727 Phone: 866-360-TRNG ; Fax: 512-441-1811 Website: www.360training.com

Organization: Affordable Educators (California CE and Prelicense Training) Address: 41890 Enterprise Cir. S, Ste. 100 Temecula, CA 92590 Phone: 800-498-5100 Website: www.ceclass.com

Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: yes

Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes

Course: Insurance CE Start Date: Any Time Location: All States Category: Insurance CE Designation: No Designation Course: Pre-License/Exam Prep Start Date: Any Time Location: All States Category: Insurance Pre-License Designation: No Designation Course: Texas Insurance Adjuster License Start Date: Any Time Location: All States Category: Insurance Adjusters Designation: No Designation 24 | CLAIMS JOURNAL- Summer 2014

Course: Ins. Marketing Issues (Includes Ethics) Start Date: Any Time Location: CA Category: Ethics Designation: No Designation Course: Preferred Practices Start Date: Any Time Location: CA Category: Property Casualty Insurance Designation: No Designation Course: California Ethics Requirement Start Date: Any Time Location: CA Category: Ethics Designation: No Designation

Organization: Agency Management Resource Group Contact: Jackie Abeyta, CE Compliance Mgr Email: jackie@agencymanagement.com Address: 950 Reserve Dr., Ste. 140 Roseville, CA 95678 Phone: 916-757-6150 ; Fax: 916-780-6181 Website: www.agencymanagement.com Educational Offerings: Error & Omissions Loss Control Online Courses: no Correspondence Courses: no Course: Ethics in Insurance Start Date: Multiple Location: Multiple Category: Property Casualty Course: Additional Insureds and Certificates of Insurance Start Date: Multiple Location: Multiple Category: Property Casualty


Organization: Amcat Adjusting Services Contact: Linda Treadway Email: claimsjournal@amcatusa.com Address: 4843 W. Royal Ln, Irving, TX 75063 Phone: 800-995-1433 (ext. 232 or 234) Fax: 888-873-6133 Website: www.amcatusa.com Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no Course: Basic Adjusting with Xactimate Start Date: 5 days Location: Amcat Education Center Category: Personal Property Casualty Designation: IA Course: Advanced Xactimate Training Start Date: 3 days Location: Amcat Education Center Category: Personal Property Casualty Designation: IA Course: Symbility Training Start Date: 2 days Location: Amcat Education Center Category: Property Casualty Insurance Designation: IA Organization: America’s Professor Contact: Dr. Jack Morton Email: info@americasprofessor.com Address: 1819 Holborn St., Ste. E Missoula, MT 59802 Phone: 800-870-3130 ; Fax: 406-549-8560 Website: www.AmericasProfessor.com Educational Offerings: Insurance PreLicensing Courses, Undergrad Insurance Courses/Programs (Accredited) Online Courses: yes Correspondence Courses: no Course: Life & Health Pre-Licensing Start Date: Any Time Location: Many States Category: Life, Health, Benefits Designation: Licensing Exam Prep Course: Property & Casualty Pre-Licensing Start Date: Any Time Location: Many States Category: Property Casualty Insurance Designation: Licensing Exam Prep Course: Property Pre-Licensing Start Date: Any Time Location: Many States Category: Property Casualty Insurance Designation: Licensing Exam Prep

Organization: American Association of Insurance Services (AAIS) Contact: Joseph S. Harrington, CPCU Email: joeh@AAISonline.com Address: 1745 S. Naperville Rd. Wheaton, IL 60189 Phone: 630-457-3217 ; Fax: 630-681-8356 Website: www.AAISonline.com Educational Offerings: Educational materials for individual insurance line programs Online Courses: no Correspondence Courses: no Course: A variety of materials to support the use of AAIS products Start Date: Any Time Location: All States Category: Property Casualty Insurance Organization: American Association of Managing General Agents Contact: Jeffrey D. Henry Email: Jeff@aamga.org Address: 610 Freedom Business Ctr, Ste. 110 King of Prussia, PA 19406 Phone: 610- 992-0005 ; Fax: 610- 992-0021 Website: www.aamga.org Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no Course: AAMGA University West Start Date: Aug 14-15, 2014 Location: Scottsdale, AZ Category: Property Casualty Insurance, Surplus Lines Designation: CIW, CMGA Course: Under Forty Organization Annual Meeting Start Date: Sept 11-13, 2014 Location: San Diego, CA Category: Property Casualty Insurance, Surplus Lines Designation: CIW, CMGA Course: Automation & Technology Conf. Start Date: Mar 21-24, 2014 Location: Seattle, WA Category: Property Casualty Insurance, Surplus Lines Designation: CIW, CMGA

Organization: Center for Continuing Education Contact: Justin Cummings / Kristel Vela Email: admin@cceducation.com Address: 7373 Broadway, Ste. 108 San Antonio, TX 78209 Phone: 800-873-9353 ; Fax: 512-288-3646 Website: www.cceducation.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes Location: Online Course: Texas Adjuster Property, Casualty & Surety Pre-Licensing Course Start Date: Any Time Category: Property Casualty Insurance Designation: No Designation Course: Texas All Lines Adjuster’s PreLicensing Course Start Date: Any Time Category: Property Casualty Insurance Designation: No Designation Course: Texas Worker’s Compensation PreLicensing Course Start Date: Any Time Category: Workers’ Compensation Designation: No Designation Organization: ClaimSchool Inc., WebCE and A.D. Banker Contact: Barry Zalma Email: zalma@zalma.com Address: 4441 Sepulveda Blvd. Culver City, CA 90230 Phone: 310-390-4455 ; Fax: 310-391-5614 Web: www.claimschool.com, www.webce.com & adbanker.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes Location: At Your Location Course: CA Fair Claims Practices Regulations Start Date: Any Time Category: Agency Management Designation: No Designation Course: Insurance Fraud and Weapons to Fight Fraud™ Start Date: Any Time Category: Agency Management Designation: No Designation Course: Insurance Fraud, Understanding the Issues Start Date: Any Time Category: Claims Investigation Designation: No Designation Summer 2014 - CLAIMS JOURNAL | 25


Guide to Claims Education and Training

Organization: Crawford & Company Contact: Joel Sybert Email: www.kmcondemand.com, www.kmcondemand.com/ptc Address: 1001 Summit Blvd. Atlanta, GA 30319 Phone: 404-300-1251 Website: www.crawfordandcompany.com Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no Course: Property Technical Cert (PTC I) Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: PTC Course: Workers’ Compensation Program I-IV Start Date: Any Time Location: All States Category: Workers’ Compensation Designation: Other Course: Basic Workers’ Comp Virtual Classroom Start Date: See Website Location: Virtual Category: Workers’ Compensation Designation: Other Organization: Discovery Detective Academy Email: ops@discoverydetectivegroup.com Phone: 480-951-6545 Website: discoverydetectiveacademy.org Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: Professional Investigator Start Date: Any Time Location: Many States Category: Risk Management & Safety Designation: ARM-Associate in Risk Mgmt Course: Fraud Investigations Start Date: Any Time Location: Many States Category: Risk Management & Safety Designation: ARM-Associate in Risk Mgmt Course: Advanced Interviewing Techniques Start Date: Any Time Location: Many States 26 | CLAIMS JOURNAL- Summer 2014

Organization: FastrackCE Contact: Brad Nevins Email: bnevins@fastrackce.com Address: 13750 Pipeline Ave, Chino, CA 91710 Phone: 800-544-3605 ; Fax: 909-465-4195 Website: www.fastrackce.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes Course: Ethics in Insurance Start Date: Any Time Location: Many States Category: Ethics, P&C, Life & Health Designation: No Designation Course: Flood Insurance Made Simple Start Date: Any Time Location: Many States Category: Flood Insurance, P&C Designation: No Designation Course: Understanding Commercial Lines Property & Casualty Start Date: Any Time Location: Many States Category: Property & Casualty Designation: No Designation Organization: Focal Insurance Contact: Brenda Austin Email: focalinsurance@aol.com Address: P.O. Box 175, Pomona, NY 10970 Phone: 845-354-2036 ; Fax: 845-694-8340 Website: www.focalinsurance.com Educational Offerings: CE & Pre-Licensing Courses (Classroom & Self Study) Online Courses: no Correspondence Courses: yes - self-study Course: Property Casualty & Personal Lines Pre-Licensing Classroom Courses Start Date: May 12 – Jun 5 (Westchester, NY) Jun 30 – Jul 24, 2014 (Rockland, NY) Jul 15 – Aug 2, 2014 (Queens, NY) Aug 9 – Nov 8 (Westchester, NY) Sat. Session Aug 12 – Aug 30, 2014 (Brooklyn, NY) Sep 22 – Oct 16, 2014 (Westchester, NY) Category: Insurance - P&C; Life Accident & Health & Annuities Designation: Agent/Broker’s License Organization: Haag Education Contact: Ryan Holdhusen Email: education@HaagGlobal.com Address: 4949 W. Royal Ln, Irving, TX 75063 Phone: 214-614-6500 ; Fax: 214-614-6501 Website: www.HaagEducation.com

Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: Haag Certified Inspector - Residential Roofs Start Date: Many Location: Many States Category: Property Casualty Insurance, Damage Assessment Designation: Adjuster/Agent CE Credit available for many states Course: Haag Certified Inspector Commercial Roofs Start Date: Many Location: Many States Category: Property Casualty Insurance, Damage Assessment Designation: Adjuster/Agent CE Credit available for many states Course: Haag Certified Inspector - Wind Damage Start Date: Many Location: Many States Category: Property Casualty Insurance, Damage Assessment Designation: Adjuster/Agent CE Credit available for many states Organization: Hartford School of Insurance Contact: Rachel Peterson Email: agentedu@thehartford.com Address: 690 Asylum Avenue T-1-10 Hartford, CT 06155 Phone: 1-800-772-0200 Website: www.hartfordschoolofinsurance.com Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: yes Course: Commercial Lines Producer School Start Date: 17 Sessions in 2014 Location: Nationwide & Virtual Category: Commercial Property Casualty, P&C Insurance, Workers Compensation, Major Commercial Lines Coverages Designation: Commercial Lines Coverage Specialist Course: Commercial Lines CSR/Account Manager School Start Date: 10 Sessions in 2014 Location: Nationwide & Virtual Category: Commercial Property Casualty, Customer Service, P&C Insurance, Workers Compensation, Commercial Lines Coverages Designation: Commercial Lines Coverage Specialist


Course: Small Commercial School Start Date: 4 Sessions in 2014 Location: Nationwide Category: Commercial Property Casualty, Commercial Lines Coverages including BOP Designation: Small Business Coverage Specialist Organization: HMI Contact: Douglas Malawsky Email: dougm@hmiadvantage.com Address: 107 Edinburgh South Dr., Ste. 205 Cary, NC 27511 Ph: 919-460-5445, x 25 ; Fax: 877-796-4626 Website: www. hmiadvantage.com Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no Course: Adjusting for Tree Damage and Landscape Loss Start Date: Any Time Location: Many States Category: Property Casualty Insurance Designation: AIC – Associate in Claims - CE Credits for Adjusters Organization: Independent Insurance Agents & Brokers of NY, Inc. Contact: Education Dept Email: edu@iiabny.org Address: 5784 Widewaters, Dewitt, NY 13214 Phone: 800-962-7950 ; Fax: 888-432-0510 Website: www.iiabny.org Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no Course: New York Automobile Insurance Plan Certification Program Start Date: Any Time Location: Cities across New York Category: NYAIP Certification Designation: No Designation Course: E&O Loss Prevention Seminars Start Date: Any Time Location: Cities across New York Designation: No Designation Course: Accredited Adviser in Insurance Start Date: Any Time Location: Cities across New York Category: Property Casualty, Agency Mgmt Designation: AAI – Accredited Adviser in Ins.

Organization: Independent Insurance Agents of Illinois (IIA of IL) Contact: Shannon Churchill Email: schurchill@iiaofil.org Address: 4360 Wabash Ave., Springfield, IL 62711 Phone: 1-800-628-6436 ; Fax: 217-793-6744 Website: www.iiaofil.org Educational Offerings: Professional Ins. Designation Programs, Individual Courses, CE Courses (classroom & webinar) Online Courses: yes Correspondence Courses: yes Course: Certified Insurance Counselor Start Date: See schedule online – iiaofil.org Location: Rolling Meadows & Springfield Category: Agency Management, Life & Health, Commercial P&C, Personal Lines Designation: CIC

Course: Producer Development Program Start Date: see schedule online - iiat.org Location: Austin, TX Category: Agency Mgmt, Commercial & Personal P&C, Customer Service, Ethics, Risk Mgmt & Safety, Sales/Marketing

Organization: Insurance Agents & Brokers Contact: Jessica McWilliams Email: IAB@IABforME.com Address: 5050 Ritter Rd. Mechanicsburg, PA 17055 Phone: 800-998-9644 ; Fax: 717-795-8347 Website: www.IABforME.com/education Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no

Course: Certified Insurance Service Rep Start Date: See schedule online – iiaofil.org Location: Various cities throughout IL & Online Category: Personal Lines, Commercial P&C, Life & Health, Risk Mgmt, Agency Operations Designation: CISR

Course: Insurance Success Seminars Start Date: May 13-15, Sept. 9-11, Nov. 4-6 Location: PA Category: Sales/Marketing Designation: CPIA – Certified Professional Insurance Agent

Course: Errors & Omissions Start Date: See schedule online – iiaofil.org Location: Various cities throughout IL & Online Category: Risk Management, Ethics

Course: Pa. Licensing Exam Preparation Start Date: Varies by month Location: Pa. - Multiple Locations Category: Property Casualty Insurance

Organization: Independent Insurance Agents of Texas (IIAT) Contact: Stephanie Freitag, Education Mgr. Email: sfreitag@iiat.org Address: 1115 San Jacinto, Ste. 100 Austin, TX 78701 Phone: 800-880-7428 ; Fax: 512-469-9512 Website: www.iiat.org Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no Course: Texas Independent Insurance Adviser Program Start Date: see schedule online - iiat.org Location: Many Cities Category: Commercial & Personal Property Casualty, Customer Service, E&O Risk Mgmt. Designation: TIIA – Texas Independent Insurance Adviser Course: Certified Account Manager Program Start Date: see schedule online - iiat.org Location: Many Cities Category: Agency Mgmt, Customer Service, Ethics, Technical Knowledge Designation: CAM – Certified Account Mgr

Course: Insuring Contractors Start Date: May 14, Jun 3 or 11, Jul 22, Aug 13 or 14 Location: Pa., Md. and Del. Category: Property Casualty Insurance

Organization: Insurance Community Center and University

Contact: Barbara Thorvilson Em: barbara@insurancecommunitycenter.com Contact: Laurie Infantino Em: laurie@insurancecommunitycenter.com Phone: 303-219-3586 Website: www.insurancecommunitycenter.com Educational Offerings: Individual Courses Online Courses: Live Interactive Webinars Correspondence Courses: no Start Dates: See webinar calendar: http:// insurancecommunityuniversity.com/ CEWebinarsCalendar.aspx

CLAIMS JOURNAL- Summer 2014 | 27


Guide to Claims Education and Training Course: Education Tracks - includes over sixty individual topics annually Location: Many States, Live Interactive Webinars Category: Commercial & Personal Lines, Employee Benefits, Agriculture & Contractors Insurance Designation: No, but does qualify for CE in several states Course: Insurance Basics Location: Many States, Live Interactive Webinars Category: Ethics, E&O, Certificates and Additional Insureds, Real Estate Leases Course: Hot Topics and What’s New in the Industry Location: Many States, Live Interactive Webinars Category: Cyber Liability, Discussion of New Form Changes, Vacancy, Un-occupancy, Foreclosure, Insurance Topics in the News Organization: Insurance Educators, Inc. Contact: Janet Holstine Email: jkholstine@insuranceeducators.net Address: 29 Evans St., Battle Creek, MI 49017 Phone: 269-323-2042 Website: www.insuranceeducators.net Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: no Correspondence Courses: no Designation: CPIA - Certified Professional Insurance Agent Start Date: Various Location: Michigan Category: Sales / Marketing Course: Ethical Customer Service Start Date: Any Time Location: Many States Category: Customer Service, Ethics Designation: No Designation Course: Risk Mgmt. for Insurance Agents Start Date: Various Location: Many States Category: Commercial Property Casualty, P&C Insurance, Risk Management & Safety Designation: No Designation

Organization: Insurance Educational Association Contact: Patty Gibson Carlson Email: info@ieatraining.com Address: 725 W. Town & Country Rd., Ste. 430, Orange, CA 92868 Phone: 714-689-01610 Fax: 714-689-0112 Website: www.ieatraining.com Educational Offerings: Professional Insurance Designation Programs, Individual Property & Casualty Courses & Workshops Online Courses: yes - plus classroom, Telecourse and video Correspondence Courses: no Course: Online Self Study Start Date: Any Time Location: All States Category: Workers’ Comp, Agent/Broker Prelicensing, Disability Management Designation: WCCA, WCCP, CPDM Course: Online Instructor Led (Tele-Learning) Start Date: Feb, May, Sep Location: All States Category: Claims, Commercial Property Casualty, Personal Property Casualty, Risk Management & Safety Designation: AINS, ARM, CPCU, AIC, AU, WCCA, WCCP, CPDM, CPFI, ARPM, CCMP Course: Classroom Training including On-Site Custom Classes Start Date: Feb, May, Sep - workshops continuous Location: CA, AZ Category: Commercial Property Casualty, Ethics, Personal Property Casualty, Risk Management & Safety Designation: AINS, ARM, CPCU, AIC, WCCA, WCCP, CPDM

Organization: Insurance Journal Academy of Insurance Contact: Barbara Whiffen Email: bwhiffen@IJAcademy.com Phone: 800-897-9965 ext. 166 Website: www.IJAcademy.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Products: Live Insurance Training, On-Demand Insurance Webcasts, Executive Training, Insurance Books, Insurance Skills Tests, Memberships Start Date: On Demand Location: Online – IJAcademy.com

Organization: Insurance Schools, Inc. Contact: Dan Dupay Email: dan.dupay@insurance-schools.com Address: 5512 Big Tyler Rd., P.O. Box 7280 Charleston, WV 25313 Phone: 1-800-333-3926 ext. 105 Fax: 304-776-8302 Website: www.insurance-schools.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes Course: Claims Adjuster Licensing Course Start Date: On Demand Location: Online Category: Claims Adjusting Loss, Claims Law, Commercial & Personal P&C, Inland Marine, Life, Health, Benefits, Workers Compensation Course: P&C and L&H Online Test Simulator Practice Exams Start Date: On Demand Location: Online Category: Claims Law, Commercial & Personal P&C, Inland Marine, Life, Health, Benefits, Workers Compensation Course: Claims Adjuster Online Test Simulator Practice Exams Start Date: On Demand Location: Online Category: Claims Adjusting Loss, Claims Law, Commercial & Personal P&C, Inland Marine, Life, Health, Benefits, Workers Compensation

28 | CLAIMS JOURNAL- Summer 2014


Organization: International Center for Captive Insurance Education (ICCIE) Contact: Margaret Welch Email: info@iccie.org Phone: 802-651-9050 Website: www.iccie.org Organization: International Association of Insurance Professionals

Contact: Mark Adams Email: evp@iaip-ins.org Address: 9343 E. 95th Ct S, Tulsa, OK 74133 Phone: 918-294-3700 ; Fax: 918-294-3711 Web: internationalinsuranceprofessionals.org Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: no Correspondence Courses: no Course: Certified Leadership Program Premier learning program aimed at developing essential leadership skills for career development. The program consists of 4 modules encompassing 17 course topics. Courses are offered in an instructor led environment or may be taken self study. Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: CLP - Certified Leadership Professional Course: Professional Ethics Start Date: Any Time Location: All States Category: Ethics Designation: CIIP- Certified Insurance Industry Professional Course: Long Term Care Start Date: Any Time Location: All States Category: Life, Health, Benefits Designation: CIIP- Certified Insurance Industry Professional Course: Underwriting Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: CIIP- Certified Insurance Industry Professional Course: Homeowners Coverage Start Date: Any Time Location: All States Category: Personal Property Casualty Designation: CIIP- Certified Insurance Industry Professional

Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no Course: Forming and Operating a Captive Start Date: Any Time Location: Online Category: Captives Designation: ACI - Associate in Captive Ins. Course: Protecting the Captive: Predicting Risk, Reinsurance & other Transfer Mechanisms Start Date: Any Time Location: Online Category: Captives Designation: ACI - Associate in Captive Ins. Course: Accounting for Captives Start Date: Any Time Location: Online Category: Captives Designation: ACI - Associate in Captive Ins. Organization: International Insurance Institute Contact: Carl Van Email: CarlVan@InsuranceInstitute.com Address: 2112 Belle Chasse Hwy. #11-319 Gretna, LA 70056 Phone: 504-393-4570 ; Fax: 504-393-4571 Website: www.InsuranceInstitute.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: Exceptional Claims Customer Service Start Date: Any Time Location: All States Category: Customer Service Designation: CE Course: Negotiation Skills for Claims Professionals Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: CE Course: Time Management for Claims Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: CE

Organization: International Risk Management Institute, Inc. (IRMI) Contact: Millie Workman Email: millie.w@irmi.com Address: 12222 Merit Dr., Ste. 1600 Dallas, TX 75251 Phone: 800-827-4242 Website: www.IRMI.com/CE Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no TM

Designation: AFIS - Agribusiness and Farm Insurance Specialist Start Date: Any Time Location: All States Category: Sales/Marketing, Farm and Agribusiness Risk Mgmt. & Insurance Designation: CRIS速 - Construction Risk & Insurance Specialist Start Date: Any Time Location: All States Category: Risk Management & Safety, Sales/ Marketing Designation: MLIS速 - Management Liability Insurance Specialist Start Date: Any Time Location: All States Category: Sales/Marketing, Prof. Liability, D&O, EPL and Fiduciary Liability exposures Organization: Katie School of Insurance Contact: Jim Jones - Executive Director Email: jrjone2@ilstu.edu Address: Campus Box 5490, Normal, IL 61790 Phone: 309-438-3021 ; Fax: 309-438-7753 Website: www.katieschool.org Educational Offerings: Professional Ins. Designation Programs, Individual Courses, Undergrad Ins. Courses/Programs (Accredited) Online Courses: no Correspondence Courses: no Course: Ethical Decision-Making Start Date: Any Time Location: Many States Category: Ethics Course: Leading Strategic Change Start Date: Any Time Location: Many States Category: Management Course: Developing Financial Acumen Start Date: Any Time Location: Many States Category: Insurance Finance CLAIMS JOURNAL- Summer 2014 | 29


Guide to Claims Education and Training Organization: Missouri Association of Insurance Agents Contact: Emily Koenigsfeld Email: maia@moagent.org Address: P.O. Box 1785 Jefferson City, MO 6502-1785 Phone: 800-617-3658 Website: www.missouriagent.org Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: yes Correspondence Courses: no Course: Risk Specialist Series Start Date: Multiple Location: Jefferson City Category: Property Casualty Niche Markets Course: Errors and Omissions Seminars Start Date: Multiple Location: Multiple Category: Risk Management, Ethics Course: CIC Institutes Start Date: Multiple Location: Multiple Category: Agency Management, Property Casualty Insurance, Life, Health, Benefits Designation: CIC – Certified Insurance Counselor Organization: Missouri State University Contact: Dr. Stan Adamson Email: stanleyadamson@missouristate.edu Address: 901 S. National Springfield, MO 65897 Phone: 417-836-6686 ; Fax: 417-836-6224 Web: www.missouristate.edu/academics/details. aspx?id=81570 Educational Offerings: Undergrad Ins. Courses / Programs (Accredited) Online Courses: yes Correspondence Courses: no Course: INS 313 - Commercial Insurance Start Date: Aug 2014 Location: Springfield, MO Category: Commercial Property Casualty Designation: CPCU – Chartered Property Casualty Underwriter Course: INS 211 - Insurance Start Date: Spring or Fall each year Location: Springfield, MO and Online Category: Personal Property Casualty Designation: Intro to Insurance

30 | CLAIMS JOURNAL- Summer 2014

Course: INS 415 - Risk Management Start Date: Jan 2015 Location: Springfield, MO Category: Risk Management Safety Designation: ARM – Associate in Risk Management Organization: National Association of Catastrophe Adjusters, Inc. Contact: Lori Ringo Email: naca@nacatadj.org Address: P.O. Box 821864 N. Richland Hills, TX 76182 Phone: 817-498-3466 Website: www.nacatadj.org Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no Course: Various courses in conjunction with our annual convention Start Date: Each January Location: Panama City Beach, FL Category: Property Casualty & Personal Property Casualty insurance Organization: National Association of Public Insurance Adjusters Contact: David Barrack Email: info@napia.com Address: 21165 Whitfield Pl., Ste. 105 Potomac Falls, Virginia 20165 Phone: 703- 433-9217 ; Fax: 703- 433-0369 Website: www.napia.com Educational Offerings: Professional Ins. Designation Programs, Individual Courses Online Courses: no Correspondence Courses: no Course: NAPIA Annual Meeting Start Date: Jun 18, 2014 Location: Nemacolin Woodlands Resort, Farmington, PA Category: Ethics, Property Casualty Insurance Designation: No Designation Course: First Party Claims Conference Start Date: October 20, 2014 Location: Crowne Plaza Hotel, Warwick, RI Category: Ethics, Property Casualty Insurance Designation: No Designation Course: NAPIA Mid-Year Meeting Start Date: Jan 15, 2015 Location: Loews Portofino Bay Hotel at Universal Orlando, Orlando, FL Category: Ethics, Property Casualty Insurance Designation: No Designation

Organization: National Flood Insurance Program - NFIP/FEMA Contact: L. Savino Email: NFIPS2@aol.com Address: P.O. Box 210, Adelphia, NJ 07710 Phone: 732-625-TEACH Fax: 732-625-0828 Website: www.NFIPS.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: FEMA Flood Course Start Date: Call or Email to Schedule Location: All States Category: Property Casualty Insurance Designation: Continuing Education Credits Organization: New Level Partners Contact: Nancy Langton Email: nlangton@newlevelpartners.com Address: 100 Overlook Center, 2nd Fl Princeton, NJ 08540 Website: www.newlevelpartners.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: Commercial Lines Insurance Basics (25 course series) Start Date: Any Time Location: All States Category: Commercial Property Casualty Course: Personal Lines Insurance Basics (12 course series) Start Date: Any Time Location: All States Category: Personal Property Casualty Designation: New hire training Course: Business Skills for Account Managers (12 course series) Start Date: Any Time Location: All States Category: Customer Service Designation: New hire training Organization: Polestar Performance Programs Contact: Debra Parker Email: dparker@gopolestar.com Address: 1620 Central Ave., Ste. 202 Cheyenne, WY 82001 Phone: 888-934-2226 ; Fax: 866-313-9225 Website: www.gopolestar.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no


Course: Claims Broker Program Start Date: Any Time Category: Sales/Marketing - Carrier Designation: No Designation

Course: PRIMA’s 2014 Webinar Series Start Date: Jan 14 – Nov 12, 2014 Location: Online Category: Risk Management & Safety

Course: Producer Development Program Start Date: Any Time Category: Agency Management Designation: No Designation

Course: PRIMA’s 2014 Annual Conference Start Date: Jun 9 - Jun 11, 2014 Location: Long Beach, California Category: Advanced Risk Management & Safety (8 tracks)

Course: Underwriter Development Program Start Date: Any Time Category: Sales/Marketing - Carrier Designation: No Designation Organization: Property & Liability Resource Bureau Contact: Scott Powell Email: spowell@plrb.org Phone: 630-724-2200 ; Fax: 630-724-2260 Website: www.plrb.org Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: Central Regional Adjusters Conference Start Date: Sep 16-17, 2014 Location: Hyatt Regency Minneapolis, MN Category: Claims Law, Commercial & Personal P&C, Customer Service, Ethics, Property Casualty Insurance, SIU Designation: CE Course: Large Loss Conference Start Date: Oct 29-31, 2014 Location: Westin Kierland Hotel, Scottsdale, AZ Category: Claims Law, Commercial & Personal P&C, Customer Service, Ethics, Property Casualty Insurance, SIU Designation: CE Course: Eastern Regional Adjusters Conference Start Date: Nov 18-19, 2014 Location: Rhode Island Convention Center; Providence, RI Category: Claims Law, Commercial & Personal P&C, Customer Service, Ethics, Property Casualty Insurance, SIU Designation: CE

Course: PRIMA Institute 2014 Start Date: Nov 3 – Nov 7, 2014 Location: Louisville, Kentucky Category: Public Sector Risk Management Foundations Program Organization: Sandi Kruise Insurance Training Contact: Robert Kruise Email: kruise@kruise.com Address: P.O. Box 786, Bonita, CA 91908 Phone: 800-517-7500 ; Fax: 619-421-8171 Website: www.kruise.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes Course: Unlimited CE Subscription, $39.95 Start Date: Any Time Location: All States Category: Commercial & Personal P&C, Property Casualty Insurance, Ethics, Life/ Health/Benefits, Risk Management & Safety, Surplus Lines Designation: No Designation Course: Long Term Care Partnership Start Date: Any Time Location: All States Category: LTCP, Life/Health/Benefits Designation: No Designation Course: Ethics and the Insurance Agent (meets Ethics requirement) Start Date: Any Time Location: Many States Category: Ethics, Commercial & Personal P&C, Life/Health/Benefits Designation: No Designation

Organization: Public Risk Management Association (PRIMA) Email: info@primacentral.org Address: 700 S. Washington St., Ste. 218 Alexandria, VA 22314 Phone: 703-528-7701 ; Fax: 703-739-0200 Website: www.primacentral.org

Organization: SNL Knowledge Center Contact: Maureen Hollar Email: center@snl.com Address: P.O. Box 2016 Charlottesville, VA 22902 Phone: 434-951-7786 ; Fax: 434-984-8038 Website: www.snlcenter.com

Educational Offerings: Courses, online learning and Podcasts Online Courses: no Correspondence Courses: yes

Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no

Course: Life and P&C Insurance Statutory Accounting & Reporting Start Date: Various throughout the year Location: New York, NY Category: Agency Management, Finance Course: Financial Analysis of Life and P&C Insurers Start Date: Various throughout the year Location: New York, NY Category: Agency Management, Finance Course: Fundamentals of Insurance Company Credit Analysis Start Date: Various throughout the year Location: New York, NY Category: Agency Management, Finance Organization: Society of Insurance Research Contact: Ed Budd Email: sir.mail@comcast.net Address: 631 Eastpointe, Shelbyville, IN 46176 Phone: 317-398-3684 Website: www.sirnet.org Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no Course: 44th Annual Conference Start Date: Nov 2-4, 2014 Location: Indianapolis, IN Category: P&C and Health Designation: Emerging Issues & Research Course: 2015 Spring Seminar Start Date: TBD – check website Category: P&C and Health Designation: Research Organization: Sterling Education Services, Inc Contact: Elizabeth Kramer Email: ses21@sterlingeducation.com Address: PO Box 3127, Eau Claire, WI 54702 Phone: 715-855-0495 ; Fax: 715-835-5132 Website: www.sterlingeducation.com Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no Course: Workers’ Comp. Law & Practice Start Date: Multiple Dates Location: Many States Category: Risk Management & Safety Designation: Continuing Education Course: Advanced Workers’ Compensation Start Date: Multiple Dates Location: Many States Category: Risk Management & Safety Designation: Continuing Education CLAIMS JOURNAL- Summer 2014 | 31


Guide to Claims Education and Training Course: Fundamentals of Workers’ Comp. Start Date: Multiple Dates Location: Many States Category: Risk Management & Safety Designation: Continuing Education Organization: Stone Insurance Education Email: info@stonece.com Address: PO Box 721386, Norman, OK 73070 Phone: 405-360-7475 ; Fax: 405-360-9304 Website: www.StoneCE.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes Course: Ethics Applied Start Date: Any Time OnDemand Webinar Location: Selected States Category: Ethics Designation: No Designation Course: Legislative Update Start Date: Any Time OnDemand Webinar Location: Oklahoma Category: Legislative Update Requirement Designation: No Designation Course: P&C/L&H Oklahoma License Exam Preparation Start Date: Monthly Location: Oklahoma Category: OK Licensing Exam Prep Designation: No Designation Organization: The Agency Trainer Contact: Vickie Morgan Email: vmorgan@agencytrainer.com Address: Pueblo, CO 81006 Phone: 719-924-9454 ; Fax: 888-840-1250 Website: www.agencytrainer.com Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no Course: Applied Systems Training Start Date: Any Time Location: All States Category: Agency Management Designation: Other Course: Training Assessments, One-on-One Training, Refresher Training and more! Start Date: Any Time Location: All States Category: Agency Management Designation: Other

32 | CLAIMS JOURNAL- Summer 2014

Organization: The Institutes Contact: Customer Service Email: customerservice@TheInstitutes.org Address: 720 Providence Rd., Ste. 100 Malvern, PA 19355 Phone: 800-644-2101 Website: www.TheInstitutes.org Educational Offerings: Professional Insurance Designation Programs, Introductory and Foundation Programs, Individual Online Courses, Continuing Education (CE) Courses, Research, Custom Solutions The majority of The Institutes’ offerings contain multiple delivery formats, including self-study. Online Courses: yes Correspondence Courses: no Designation: Chartered Property Casualty Underwriter (CPCU®) Start Date: Any Time Location: All States Category: Property Casualty Insurance, the premier designation within the risk management and insurance industry Designation: Associate in General Insurance (AINS®) Start Date: Any Time Location: All States Category: Property Casualty Insurance, provides comprehensive insurance knowledge and includes a wide-range of electives Designation: Associate in Claims (AIC™) Start Date: Any Time Location: All States Category: Claims, provides multiple specialty tracks to completion including auto, liability, multi-line adjuster, property and workers comp Designation: Associate in Risk Management (ARM™) Start Date: Any Time Location: All States Category: Risk Management, provides knowledge covering risk management principles and practices, and how to assess and treat risks Designation: Associate in Commercial Underwriting (AU™) Start Date: Any Time Location: All States Category: Commercial Property Casualty, provides a foundation in underwriting principles and advanced underwriting techniques

Designation: Accredited Adviser in Insurance (AAI™) Start Date: Any Time Location: All States Category: Agency Management, provides in-depth insurance product knowledge and a strong focus on customer service skills

Organization: The National Alliance for Insurance Education & Research Email: alliance@scic.com Address: 3630 North Hills Dr. Austin, TX 78731 Phone: 800-633-2165 ; Fax: 512-349-6194 Website: www.TheNationalAlliance.com Educational Offerings: Insurance and Risk Management Designation Programs Online Courses: yes Correspondence Courses: no Course: School for Producer Development Start Date: May 4-16, 2014 Location: Tallahassee, Florida Start Date: Oct 5-17, 2014 Location: Fort Worth, Texas Category: Commercial Property & Casualty, Sales/Marketing Designation: No Designation Course: Dynamics Sales Training Start Date: Any Time Location: Many States Category: Insurance Sales, Sales Mgmt Designation: No Designation Course: Certified Insurance Service Representatives (CISR) Online & Classroom Start Date: Any Time Location: Internet/All States (1200+ per year) Category: Agency Mgmt, Commercial P&C, Customer Service, Personal Residential & Auto Designation: CISR – Certified Insurance Service Representative Course: Certified Risk Managers (CRM) Online & Classroom Start Date: Any Time Location: Internet/Many States (80+ per year) Category: Risk Management & Safety Designation: CRM – Certified Risk Manager Course: Certified Insurance Counselors (CIC) Start Date: Any Time Location: All States (300+ per year) Category: Agency Mgmt, Commercial P&C, Personal Lines, Life & Health Designation: CIC – Certified Insurance Counselor


Course: Certified School Risk Managers (CSRM) Online & Classroom Start Date: Any Time Location: Internet/Many States (60+ per year) Category: Risk Management & Safety Designation: CSRM – Certified School Risk Manager Organization: The Wedge Group Contact: Marja van Oijen Email: marja@thewedge.net Address: 5729 Lebanon Rd., Ste. 144 Box 410, Frisco, TX 75034 Phone: 214-446-3209 ; Fax: 972-999-0970 Website: www.thewedge.net Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: iWinCRM + Sales Team Development Start Date: Any Time Location: All States Category: Agency Management, Sales Managers /Producers, Property Casualty/Risk Mgmt, Employee Benefits, Sales/Marketing Designation: No Designation Course: Breaking The Sales Barrier™: Fast Track To Elite Status Start Date: Any Time Location: All States Category: Agency Management, Sales Managers /Producers, Property Casualty/Risk Mgmt, Employee Benefits, Sales/Marketing Designation: No Designation Course: iWin Train the Coach - How To Run effective CRISP™ Sales Meetings Start Date: Any Time Location: All States Category: Agency Management, Sales Managers /Producers, Property Casualty/Risk Mgmt, Employee Benefits, Sales/Marketing Designation: No Designation Organization: United Insurance Educators, Inc. Contact: Toni Amell Email: mail@uiece.com Address: 8213 352nd St. East Eatonville, WA 98328 Phone: 800-735-1155 ; Fax: 253-846-7536 Web: www.uiece.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes

Course: ABC’s of Annuity Investing Start Date: Any Time Location: Online or through home-study Category: Life and Annuity Designation: No Designation Course: Annuity Suitability Training Start Date: Any Time Location: Online or through home-study Category: Life/Annuity Designation: No Designation Course: Long-Term Care in America Start Date: Any Time Location: Online or through home-study Category: Health Designation: No Designation

Organization: Vale Training Solutions Contact: Tonya Magalei / Ami Thompson Email: registrations@vale-ts.com Address: 2424 E. Randol Mill Rd. Arlington, TX 76011 Phone: 817-633-4800 ; Fax: 817-633-2922 Website: www.vale-ts.com Educational Offerings: Individual Courses Online Courses: no Correspondence Courses: no Course: Property Adjusting Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: No Designation Course: Residential Estimating Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: No Designation

Organization: Van Wyhe Group, LLC Contact: Angela Lingle Email: angela@insurancece.com Address: P.O. Box 4130 Waukesha, WI 53187 Phone: 800-326-4741 ; Fax: 800-476-2945 Website: www.insurancece.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: yes Course: Self Defense: Documentation Start Date: Any Time Location: On-Line Category: Property Casualty Insurance Course: Problems When Insuring Condos Start Date: Any Time Location: On-Line Category: Property Casualty Insurance Course: Ethics In Insurance Start Date: Any Time Location: On-Line Category: Property Casualty Insurance

Organization: WISE Education, Inc. Contact: Carla Coats Email: wise.education@verizon.net Address: 1501 Cobblestone Ct. Thorofare, NJ 08086 Phone: 800-577-9888 ; Fax: 856-384-8414 Website: www.wiseeducation.com Educational Offerings: Individual Courses Online Courses: yes Correspondence Courses: no Course: Atlantic City “Blitz” Start Date: Oct 16 & 17, 2014 Location: Caesar’s – New Jersey Category: Commercial Property Casualty, Ethics, Risk Mgmt & Safety

Course: Casualty Adjusting Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: No Designation Course: Auto Estimatics Start Date: Any Time Location: All States Category: Property Casualty Insurance Designation: No Designation

CLAIMS JOURNAL- Summer 2014 | 33


IDEA EXCHANGE | BEST PRACTICES

Texting While Driving in Florida: An Opportunity to Pursue Punitive Damages?

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here are a number of ad campaigns on Florida’s airways and its television stations, warning of the dangers of texting while driving. A question arises: If an accident occurs while the at-fault driver was texting, is the injured plaintiff entitled to By Pamela St. John punitive damages? Practitioners and Lynde claims handlers are without a definitive answer to this question, because as of this writing, there are no reported appellate cases addressing this issue. It has been reported that some Florida judges have granted motions permitting injured plaintiffs to pursue a punitive damages claim against a driver who was texting at the time of the accident. As of the date of submission of this article, it is not known whether these cases went 34 Claims Journal | Summer 2014

to trial, and whether juries have actually awarded punitive damages.

determination that there is a reasonable evidentiary basis for recovery of punitive damages.” Globe Newspaper Co. v. King, 658 So. 2nd 518, 519 (Fla. 1995). Florida Stat. Section 768.72 (2) provides that a defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. With regard to the second factor, the law in Florida, and particularly within the First District Court of Appeal, is that the character of negligence necessary to sustain a recovery for punitive damages is the same as that required to sustain a con-

What Are Punitive Damages? “Punitive damages may be awarded for conduct that is outrageous, because of the defendant’s evil motive or his reckless indifference to the rights of others.” Tiger Point Golf & Country Club v. Hipple, 977 So. 2nd 608, 611 (Fla. 1st DCA 2007) (citation omitted). Florida Stat. Section 768.72 provides that in any civil action, no claim for punitive damages shall be permitted “unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” In point of fact, it has been Although texting while driving may stated that Section 768.72 be negligent, it is arguable that “create[s] a substantive legal such conduct does not rise to the right not to be subject to a level of culpable negligence necespunitive damage claim … sary for a manslaughter conviction. until the trial court makes a


viction for manslaughter. White Constr. Co. v. Dupont, 455 So. 2nd 1026, 1028 (Fla. 1984), receded from on other grounds (emphasis added); Murphy v. Int’l Robotic Sys., Inc., 766 So. 2nd 1010 (Fla. 2000); American Cyanamid Co. v. Roy, 498 So. 2nd 859, 861 (Fla. 1986); Tiger Point, supra at 610. See also Associated Indus. Ins. Co. v. Advanced Mgmt. Servs., 2013 U.S. Dist. LEXIS 38572 (S.D. Fla. Mar. 19, 2013); Rivera v. Am. Mem. Ctrs., Inc., 2006 U.S. Dist. LEXIS 78364, 15-16 (S.D. Fla. Oct. 27, 2006) (stating that the conduct required to obtain a punitive damage award was articulated in 1984 by the Supreme Court of Florida in Dupont); Jensen v. Cardillo, Keith & Bonaquist, P.A. (In re Leli), 420 B.R. 568, 571 (Bankr. M.D. Fla. 2009). Punitive Damages and the Operation of a Motor Vehicle Although plaintiffs have been permitted to amend their complaints to add a claim for punitive damages where the at-fault driver is intoxicated, Ingram v. Pettit, 340 So. 2d 922, 924 (Fla. 1976), historically, punitive damages generally have not been permitted where one is reckless in the operation, maintenance and use of one’s vehicle. Dupont, supra, 455 So. 2nd at 1028 (Fla. 1984), receded from on other grounds (operation of a 40-ton loader with knowledge that its brakes had not been working for some time insufficient to support a punitive damages claim); Behn v. State, 621 So. 2nd 534 (Fla. 1st DCA 1993) (driver who knowingly operated a truck with bad brakes not culpable of the degree of negligence required for a manslaughter conviction); Clooney v. Geeting, 352 So. 2d 1216 (Fla. 2d DCA 1977) (allowing an employee to drive a company truck, while knowing that he was not physically or mentally capable of driving the truck properly, was insufficient to support a claim for punitive damages). Although texting while driving may be negligent, it is arguable that such conduct does not rise to the level of culpable negligence necessary for a manslaughter conviction. The New Florida Law Regarding Texting In Oct. 1, 2013, Florida Stat. Section 316.305 went into effect, providing that any person who texts while driving com-

mits a noncriminal traffic infraction. No doubt, some attorneys will argue that the adoption of Section 316.305 should make it easier to pursue punitive damages where the at-fault driver was texting. However, some years ago, the Florida Supreme Court held that “[t]he commission of traffic infractions is not sufficient, without more, to support a conviction for culpable negligence manslaughter.” Logan v. State, 592 So.2nd 295, 299 (Fla. 1991). If that is the case, then it could be argued that the violation of Florida Stat. Section 316.305, without more, is an insufficient basis upon which to base a claim for punitive damages in Florida. Conclusion Inasmuch as it involves an evidentiary showing, the availability of punitive damages has to be resolved on a case-by-case basis. It is incumbent upon attorneys prose-

cuting and defending such texting while driving cases to be familiar with the history of punitive damages in Florida; to know particularly within what appellate

district the trial court sits; and to argue that the high standard of manslaughter is, or is not, met by the act of texting while driving. Pamela St. John Lynde is special counsel in the Jacksonville, Fla., office of civil defense litigation law firm Marshall Dennehey Warner Coleman & Goggin. Representing clients in matters involving motor vehicle negligence, she has handled more than 150 auto and trucking negligence cases throughout her legal career. She may be reached at 904-358-4206 or by email: pslynde@mdwcg.com.

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2/19/13 9:16 AM Summer 2014 | Claims Journal 35


DEPARTMENTS

ADJUSTER TOOLKIT The ICD 9 Codes App This free mobile app can assist bodily injury and workers’ compensation adjusters by providing an explanation for medical coding. The app, available in the iTunes app store, features ICD9-CM 2010 and 2013 codes. Users can browse codes or search for a specific one. Diagnoses can be shared via email. Users can also create lists of most commonly used codes.

Snapsheet Mobile App A self-service mobile app is reducing the time it takes to process auto insurance claims. Snapsheet works directly with insurers, providing an easy way to inspect vehicles. “We’re about half the cost of sending out a staff appraiser. We’re half the cost and we’re 10 times faster,” said Founder and CEO Brad Weisberg. Several years ago, Weisberg was involved in a car accident and noticed that he received different estimates from three body shops for the exact same repair. “It was super frustrating. It was time consuming. There’s no transparency in the industry. It didn’t make any sense to me, so I thought there’s got to be a better way to do this,” Weisberg said. He realized that visual inspections could be completed faster and more easily with photos. “One of the things that I noticed was everywhere I went to get my car repaired or to get the estimate, all they did was look at my vehicle. They didn’t take it apart or tear it down. They just looked at it,” he said. The result was Snapsheet, a mobile inspection app available in iTunes and on Android. According to Weisberg, the carrier sends the facts of the loss and assignment through the app and an adjuster sends it to the insured or claimant. Once vehicle photos are taken via the app, they are sent back to the Chicago-based company where a team of experienced estimators writes an estimate and sends it back through the app to the claimant or insured within three business hours. Appointments can be made directly through the app with a preferred contractor, or the user can go through a repair shop of his or her own choosing. Users can choose to receive a check for the damage the next day via direct deposit. Snapsheet can also handle supplements. “Each business unit handles a different area of the country. The carrier gives us labor rates and things like that, but we collaborate down to the ZIP code,” Weisberg said. The company white-labels the app for insurance companies and the program is easy enough to implement that it can be up and running within 30 days. “Fifty percent of our claims that go through our channel close same day, because it’s that easy and the process flows so well,” he said. Website: www.snapsheetapp.com 36 Claims Journal | Summer 2014

Helpful Websites & Charts This website provides links to each state’s insurance department. Go to www.naic.org/state_web_ map.htm and click on any state. This website, www.insurancefraud. org, provides links to some state insurance fraud bureaus. Just click on the Tools option at the top of the home page. Once on the Fraud Statistics page, choose the Links option in the left hand column. Attorney Gary Wickert, author of the “Road to Recovery” column seen monthly on ClaimsJournal.com, hosts a PDF chart detailing anti-indemnity and additional insured legislation in all 50 states. The chart contains the indemnity rule, statute, application and whether additional insureds are prohibited. Go to www.mwl-law.com/wpcontent/uploads/2013/03/AntiIndemnity-Statutes-In-All-50States-00131938.pdf


DEPARTMENTS

SNAPSHOT Before & After: Oso Washington Landslide

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n March 22, 2014, a rain storm triggered a landslide in Oso, Wash. Numerous homes were destroyed in the landslide, which resulted in 24 deaths. The landslide created a dam that blocked the river, causing a barrier lake to form. The Operational Land Imager (OLI) on Landsat 8 obtained this image of landslide debris and the barrier lake on March 23, 2014. An image of the same area taken on January 18 reveals the damage the landslide caused. According to a Durham University geologist, the landslide was a reactivation of an earlier landslide that caused problems in 1988 and 2006. A report filed with the U.S. Corp of Engineers in 1999 warned that the hillside had the “potential for a large catastrophic failure.” CJ

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Summer 2014 | Claims Journal 37


IDEA EXCHANGE | TECHNOLOGY

Data Breach Suit Verdicts Impact Third-Party Liability Coverage

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wo recent class action lawsuits herald a shift in how courts view data breach events and the harm they cause. The rulings make it easier for plaintiffs to pursue data breach or class action lawsuits and to recover damages for identity theft and fraud — even when they’ve experienced no actual moneBy Eduard Goodman tary harm. The AvMed Settlement AvMed Inc., a Florida health insurance company, was the target of a class action lawsuit as a result of a data breach in 2009. In this case, two laptops were stolen that held unencrypted personal and health data of more than 1 million AvMed members and their dependents. The recent settlement, to the tune of $3 million, is noteworthy because it provides financial redress for people who didn’t 38 Claims Journal | Summer 2014

exposure of personal health information. actually experience identity theft. The Federal Health Insurance Portability and ruling cited negligence, breach of contract and “breach of fiduciary duty” as just some Accountability Act (HIPAA) legislation doesn’t include a mechanism for individuof the reasons the court felt AvMed failed als to pursue lawsuits to properly secure as a result of a data data that had been The information privacy breach, but a state’s entrusted to them. environment is changing, law might. In addition, those people who did, in and the privacy policies FCRA suit fact, become identiand actions of businesses Spokeo’s A final ruling ty theft victims as a hasn’t been handed result of the AvMed need to keep pace. down yet, but a breach may submit federal appellate court recently allowed claims for reimbursement for any moneanother data privacy case to move fortary losses they incurred. ward. An individual is suing Spokeo Inc. This ruling breaks new ground. for violations of the Fair Credit Reporting Decisions handed down in previous cases Act (FCRA). The lawsuit contends Spokeo largely have centered on demonstrable published inaccurate information about harm or damages breach victims have the plaintiff, and the Ninth U.S. Circuit experienced. The AvMed settlement Court of Appeals found that Spokeo’s diverges from that pattern. potential violations of the FCRA were Moreover, the ruling highlights the enough to allow the case to continue. variances between state and federal law (and even state-by-state law) regarding the Although he suffered no actual harm,


the plaintiff says the incorrect information published by Spokeo hurt his employment prospects and caused anxiety. As with the AvMed case, the Spokeo lawsuit ushers in the prospect of plaintiffs who have no demonstrable financial damages to support their case. Businesses Must Keep Pace Companies that collect and store personal information — whether financial data, health records, names and email addresses — should take notice. The information privacy environment is changing, and privacy policies and actions need to keep pace. There is an increasing expectation from consumers and courts that personal data be appropriately protected. Lackluster safeguards or doing the bare minimum simply to meet compliance mandates probably isn’t enough anymore. In addition to the enormous reputational damage that may follow a data breach event (think of Target’s ongoing woes), the costs to respond to an exposure can add up quickly. From providing credit or fraud monitoring services to dealing with regulatory fines and penalties, companies that experience a breach often find themselves facing stiff financial burdens. Add in the potential for individuals who haven’t suffered monetary damages to successfully litigate for financial redress, and the costs can be devastating. Small and midsized businesses (SMBs) — those that are typically more likely to rely on outside vendors for much of their technology and data storage needs — aren’t off the hook. The expectation that firms do the right thing when it comes to information security applies no matter how the services are provided. Vendor due diligence is more crucial than ever. Takeaways for Insurers Carriers must evaluate their practices. The AvMed and Spokeo cases signal a change toward a legal landscape that’s more permissive when it comes to plaintiffs seeking damages where no financial harm has occurred. The prevalence of breaches making headlines hasn’t diminished, and it is likely cases similar to these will be filed in the future. With the precedents set, will future suits be dismissed under the 12(b)

(6) motion — the failure to state a claim upon which relief can be granted — as many were in the past? Perhaps not. The Spokeo case carries significant implications. Violations of statutory rights may now contribute to the grant of standing in lawsuits where the plaintiff didn’t sustain actual damages. Other attorneys may look to this case in situations where a state’s breach notification laws have been violated.

Language in third-party liability policies may need to be broadened to provide better protection to policyholders and carriers alike. How these recent examples will impact third-party liability coverage remains to be seen, but insurance carriers, agents and brokers must keep them in mind. Making Data Privacy a Priority The time to institute comprehensive information security is now. Proactive protection is a far better solution than responding to litigation or paying out settlements after a breach.

Unencrypted data is ripe for exposure. Encryption tools are often inexpensive and sometimes free, making the barrier to entry extremely low. Knowing what data is being collected, stored and shared — and with whom — is paramount. Which compliance mandates might cover that data? What are the requirements to properly safeguard it from exposure? Claiming ignorance is not a defense, nor are terms of service that don’t address the real issues. Language in third-party liability policies may need to be broadened to provide better protection to policyholders and carriers. Stipulations about the strength and effectiveness of data protection methods are a good place to start. Best practices need to be followed, documentation maintained on the measures used, employee training conducted to provide better compliance with company protocols and audits done to ensure conformity with the insurer’s expectations. These are not fail-safe practices, but they may go far in protecting vulnerable data and avoiding exposures. They might also be effective in shutting down potentially costly litigation from parties who aren’t able to demonstrate actual harm. Goodman is chief privacy officer of IDT911.

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6/19/14 7:00 AM Summer 2014 | Claims Journal 39


IDEA EXCHANGE | ESSENTIALS

What Constitutes Collapse for Purposes of Property Insurance Coverage?

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tandard homeowner and business property policies do not define the term “collapse.” The meaning of “collapse” has been the subject of substantial commentary. See, e.g., annot. What Constitutes “Collapse” of a Building Within Coverage of Property Insurance Policy, 71 ALR 3rd 1072, §3 (1976 and Supp. 2002); Paul B. Tarr, et al., Insurance Coverage for Collapse Claims: Involving Standards in Legal Theories, 35 Tort & Insurance Law Journal, 57 (1999). Courts are split on whether to define the term “collapse” narrowBy Steven Plitt ly to include only the complete falling down of a structure, or more broadly so that a complete destruction or falling down is not required. Compare Dominick v. Statesman Insurance Co., 692 A.2d 188 (Penn. Sup. Ct. 1997) (“collapse requires the structure to fall 40 Claims Journal | Summer 2014

against itself.”) With Ercolani v. Excelsior together or to fall in”); Employers Mutual Insurance Co., 830 F.3d 31, 34 (3rd Cir. Casualty Co. of Des Moines, Iowa v. Nelson, 1987) (predicting that New Jersey would 361 SW.2d 704, 708 (1962) (“the word ‘inner follow other states in holding that colcollapse’ is not one of art, but is unambiglapse requires only “serious impairment uous and is generally understood to have of structural integrity”); Island Breakers v. the meaning of to fall or shrink together, to cave in, to fall into a flattened, distorted Highlands Underwriters Insurance Co., 665 2d 1084, 1085-86 or disorganized (Fla. Dist. Ct. App. state.”) Higgins v. Encouraging insureds to 1995) (Cope, J. conConnecticut Fire not repair structurally curring) (finding Insurance Co., 163 Co. impaired property creatcollapse coverage 292, 430 P.2d 479 applies if there (Colo. 1967) (“the ing a continuing risk of word connotes a collapse injuring the pub- is a “substantial impairment of the complete change lic is a moral hazard that structural integrity” in the structure, should not be encouraged. of part of the buildwhere the building ing). loses its distinctive character as Modern View of Collapse a building”); Sherman v. Safeco Insurance The modern view of the term “collapse” Co. of America, 670 P.2d 16, 17 (Colo. 1983) does not require a complete falling down (collapse means “a flattening or breaking of the building and only requires “serious down because of a loss of the buildings’ impairment of structural integrity”. See, structural rigidity or by falling into or


e.g., Nationwide Mutual First Insurance Co. v. Tomlin, 181 Ga. at 413, 352 SE 2d, 612, 615 (1986) (holding that collapse includes any “reasonably detectible serious impairment of structural integrity” because such a definition “more realistically reflects the purpose of the policy”); Government Employee’s Insurance Co. v. DeJames, 256 Md. 717, 261 A.2d 747, 750 (1970). One court, agreeing with the “Numerical Majority of American Jurisdictions [that] a substantial impairment of the structural integrity of a building is said to be a collapse” noted that a requirement that the building fall down before constituting a covered “collapse” would be unreasonable in light of an insured’s duty to protect property from further damage. See, Royal Indemnity Co. v. Grunberg, 155 AD.2d 187, 189, 553 NYS.2d 527 (1990). Encouraging insureds to not repair structurally impaired property creating a continuing risk of collapse injuring the public is a moral hazard that should not be encouraged. A narrow reading of the term “collapse” would also allow insurers to pass the risk along to the next insurer and so on until the actual collapse takes place. Intermediate View of Collapse An intermediate view of collapse can be found in the court’s decision in Doheny West Homeowners’ Association v. American Guaranty & Liability Insurance Co., 60 Cal. App.4th 400, 70 Cal.Rptr.2d 260 (1997). In Doheny, the court noted that the language of the policy, when considered as a whole, did not support the interpretation that collapse meant “substantial impairment of structural integrity.” This was so because the policy provided that “collapse does not include settling, cracking, shrinkage, bulging or expansion,” and specifically excluded coverage for such things as damage caused by seepage of water, wear and tear, decay, deterioration or faulty maintenance, unless it was covered under the additional collapse coverage — unless there was also damage caused by “risk of direct physical loss involving collapse of building.” Doheny, 60 Cal. App. 4th at 405-406, 70 Cal.Rptr.2d at 263. Because of this the court in Doheny adopted an intermediate view of collapse:

“Thus, under the terms of the policy, the damage must be such that it will lead to collapse. Further, since any of the excluded causes could result in collapse if the initial damage was neglected for a long enough period, an additional limitation is logically necessary if we are to avoid converting this insurance policy into a maintenance agreement, ...” Id. at 406, 70 Cal.Rptr.2d at 464. The Doheny court concluded that the collapse needed to be actual or imminent. “Imminent” meant “likely to happen without delay; impending, threatening” or “likely to occur at any moment.” Doheny, 60 Cal.App.4th at 406, 70 Cal.Rptr.2d at 264. The court in Doheny noted that the intermediate view avoided both the absurdity of requiring an insured to wait for a seriously damaged building to fall, and the improper extension of coverage beyond the terms of the policy, and would

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be consistent with the policy language and the reasonable expectations of the insured. Reviewing those decisions where courts had concluded that collapse meant

“substantial impairment of structural integrity” the court in Doheny noted that those cases either implicitly or explicitly required that collapse be imminent and inevitable, or all but inevitable. Doheny, 60 Cal. App. 4th at 406, 70 Cal.Rptr.2d at 264. Plitt is a nationally recognized expert in insurance law. He has authored numerous insurance treatises and articles. He has a national expert witness practice. Email: SP@kunzlegal.com.

Summer 2014 | Claims 4/21/14 Journal11:48 41 AM


IDEA EXCHANGE | FINAL OFFER

Tapering Polypharmacy Regimens

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olypharmacy is a term used to describe a situation when a patient is prescribed multiple drugs. The term is frequently used to mean the use of too many or redundant drugs that can hinder function, delay return to work and dramatically increase workers’ compensation pharmacy costs. Prescription drugs can become inappropriate over time due to the patient’s condition changing, a better drug or nondrug therapy becoming available, or the medication’s side effects outweighing its benefits. For example, long-term use of opioids can cause issues like constipation, sleep disorders, hyperalgesia, atrophy and dry By Mark Pew mouth, requiring additional drugs to manage these symptoms. zodiazepines like Xanax require careful The additional drugs can cause more side tapering, which is even more complicated effects and symptoms that may create a when they are taken with other medicaneed for even more drugs. tions in multiple drug classifications. Treatment for patients in chronic pain often evolves into a mixture of opioids, Tapering Regimens NSAIDs, benzodiazepines, muscle relax Decisions need to be made about what ants and antidepressants. Over time, a medication to reduce first, how it should simple drug regimen with a single opioid be reduced, the duration for tapering and can expand into five, eight, 12 or more whether drugs can be reduced concurrently. drugs in multiple classifications. PRIUM examined 257 medical guide To increase function, patients often lines containing keywords such as need to be tapered, not just from a sin“opioids” and gle drug or “chronic pain” classification Addressing psychosocial and applied but from mulissues and helping with copfiltering criteria tiples of each. Unfortunately, ing skills costs much less than like updates there is little inappropriate drug regimens. since 2009 and systemic review clinical supof medical literaport available ture. It found 18 guidelines that discussed to physicians who want to manage a initiating and maintaining opioid therapy. tapering process, according to PRIUM’s white paper, “An Analysis of Drug Therapy Only seven of the 18 discussed discontinuing opioid therapy, and those focused Tapering Guidelines.” exclusively on tapering individual drug Drugs in different classifications have classifications, with no information on the different tapering protocols. While some duration of tapering. medications, such as Celebrex, don’t Amazingly, none of the clinical guiderequire a gradual decline in dosage and lines addressed tapering opioids in a polycan be discontinued fairly quickly, others pharmacy environment. cannot. Opioids like Oxycontin and ben42 Claims Journal | Summer 2014

The white paper also found that 13 of the 18 opioid guidelines address psychosocial issues, which can play a major role in the proper management of chronic pain. Perceived injustice, fear avoidance and low self-esteem contribute to both pain and drug abuse. Other potential complications include personal discipline, depression, anxiety and enabling environments at home. If not identified and addressed, these conditions can sabotage the tapering process and result in relapse. Finding the most effective tools to facilitate an individual’s ability to manage pain should be a major component of the tapering process — e.g., cognitive behavioral therapy or psychotherapy, exercise and stretching to relieve musculoskeletal pain, proper nutrition and good sleep habits. Addressing psychosocial issues and helping patients develop coping skills costs much less than years of an inappropriate drug regimen. A multidisciplinary approach of medical and psychological treatment with physical fitness can equip patients to manage pain and lead functional, productive lives. CJ Pew is senior vice president for PRIUM. Email: mpew@prium.net. Twitter: @RxProfessor.


Summer 2014 | Claims Journal 43


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