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www.CentralCoastClaims.org
A Professional Insurance Claims Organization
March 2014Volume XXII • Number III
Central Coast ClaimsAssociation News Network
Insuring The Insurer
Celebrating 20 Years with the CCCA!
We Have Moved Back To
Scott’s SeafoodDowntown San Jose
ThursdayMarch 20, 2014
185 Park Ave, San Jose, CA
Stepping Things Up With 2014 CCCA
It was so great to be back at Scott’s Seafood in San Jose for our February meeting! And, our turnout showed everyone agreed! My thanks to Esteban Pauli, P.E. and Owner of Pauli Engineering, Inc. in Fresno for his presentation. I would also like to thank Rob Mey-ers, CCCA Board Member and Speakers Chair for all the work he has done in bringing in quality speakers for our luncheon meetings. Rob made the announcement
that he has received a promotion and will now be the new Regional Manager of ERI’s new Sacramento office. Congratulations and best wishes, Rob. CCCA’s own Board Member, Ray Depa of Crawford & Company has graciously agreed to step into the position of Speaker Chair for the balance of 2014! Thank you, Ray!
I would also like to thank Lynna Harrison with Association News Network for volunteering to become Membership Chair on the CCCA Board! Thank you, Lynna! I know you will do a fabulous job!
Thank you also to Diane Viodes with DTX, who has tentatively accepted the position of Charitable Foundation Committee Chair on the CCCA Board and to Latasha Wallace with K2GC for accepting the position of our Annual Bowling Tournament Chair for Angel Flight West! Thank you both Diane and Latasha!
We still have one position open on the Board of Directors if you would like to get more involved: 2014 CCCA Annual Golf Tournament Chair. For now, I am Chairing the Golf Tournament with the help of the Board. Feel free to contact me at [email protected] or call me at 925-808-8238 with any questions!
However, even though Rob Meyers with ERI will be relocating to Sacramento – he has agreed to handle Foursomes for our Golf Tournament! Thank you, Rob!
The CCCA Board of Directors are moving ahead with plans for our Annual Golf Tournament and we are proud to announce that our tournament will be held at the Sunol Valley Golf Club on Friday, June 20th with a 10:00 Shotgun Start! Make sure to SAVE THE DATE on your calendars! And, watch the CCCA Website at www.centralcoastclaims.org for more information coming soon! This is going to be a GREAT Day!
SPECIAL ANNOUNCEMENT: Each vendor who brings an adjuster as their guest to our luncheon meetings
from March 2014 to May 2014 will have their names entered into a special draw-
- please see page 5
continued back page
March message from 2014 CCCA President JoAnn Dean
Join The CCCA in welcoming guest speaker
New Case Law Decision On Asserting An Unfair Competition Claim Against Insurer
Gail StargardterArcher Norris
2014 CCNC Planning Under Way "Hitting A Home Run
- Covering All The Bases"August 19-20, 2014
Hyatt Regency Downtown Sacramentowww.ClaimsConference.org
2 Central Coast Claims Association News Network • March 2014
SECRETARYJackie Mezeul
PW Stephens Environmental(510) 896-9065
2014 BOARD OF DIRECTORS
VICE PRESIDENTTammy Cothran
Rob MeyersEnvironmental Remedies
Speaker Chair
CCNC Reps: Voting - Ray Depa, Crawford & Co. & Shelly Lefore, Casualty Adjusters Guide, Inc. • Alt Voting - Bryan Harrison, Association News Network, Inc.
IMM. PAST PRES.Bob TucknottTucknott Electric Co.
(925) [email protected]
PRESIDENTJoAnn Dean
SRI Environmental, Inc.(925) 808-8238
TREASURERShelly Lefore
Casualty Adjusters Guide(408) 782-5998
Ray Depa Crawford & Company
Nominations Committee
Your Central Coast Claims Association Board of Directors2014 OFFICERS
www.CentralCoastClaims.org
Bryan Harrison Association News Network, Inc.
Charitable Committee
Elizabeth ClarAbatix
Membership Chair
Central Coast Claims as s o C i at i o n
Invite Your Associateswww.CentralCoastClaims.org
Join Or Renew Your Membership
for 2014 Online!
www.CentralCoastClaims.org
Central Coast Claims Association News Network • March 2014 3
MARCH 2014 VOLUME XXII . NUMBER III
Insuring The Insurer
March President’s Message
2014 CCCA Officers & Board of Directors
Join CCCA Online Now
CCCA Upcoming Events
Water Damage Cause & Origin Investigations at February 20, 2014 CCCA
New Case Law on Asserting Unfair Competition Against Insurer at March 20, 2014 CCCA
C.C.C.A.N.N. Services Directory
2014 CCNC / A.N.N. Job Connection
12
34
5
67
Luncheon Meetings the THIRD THURSDAY of Each Month, at:Scott’s Seafood Bistro 185 Park Avenue, Downtown San Jose
Thursday, March 20, 2014 - Luncheon MeetingPlan now to attend the next luncheon meeting of 2014, as the CCCA returns to the popular Scott’s Seafood in Downtown San Jose. - see page 5
Thursday, April 17, 2014 - Luncheon Meeting
Thursday, May 15, 2014 - Luncheon Meeting
Friday, June 20, 2014 - Annual CCCA Golf Tournament - Sunol Valley Golf Course
Thursday, July 17, 2014 - Luncheon Meeting
Tuesday- Wednesday, August 19-20, 2014 - 21st Annual Claims Conference of N. Californiawww.ClaimsConference.org
Thurs, September 18, 2014 - Luncheon Meeting
Thursday, October 16, 2014 - Luncheon Meeting
Thurs, November 20, 2014 - Luncheon Meeting
Thursday, December 18, 2014 - Annual CCCA Holiday Luncheon Meeting Bingo Party - Toys for Tots Drive
4 Central Coast Claims Association News Network • March 2014
Asbestos & Lead Abatement •Mold Remediation •
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Air Duct Cleaning • Hazardous Remediation •
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To Eliminate Mold, Asbestos & Other ContaminantsDon't Hold Your Breath
www.IQVconstruction.com
IQV exists to provide the finest quality construction services to our customers.
Hoyt Philipp [email protected]: (408) 582-9212Fax: (408) 582-9262Cell: (408) 612-1961
Jeff Radzinski [email protected]: (408) 582-9211Fax: (408) 582-9261Cell: (408) 836-0333
"We treat our customers' homes as if they were our own home."Exterior Decay Repairs Interior Renovations Fire & Water Damage
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INTEGRITY • QUALITY • VALUE
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Water Damage Cause and Origin Investigations at Feb CCCA
The February 20th Luncheon Meeting of the Cen-tral Coast Claims Association was well attended by a group of members and guests, clearly all happy to be back at Scott’s Seafood Restaurant in downtown San Jose. Through the strong Leadership of new President JoAnn Dean there appears to be a renewed level of excitement building for the CCCA.
The speaker was Esteban Pauli, of Pauli Engineer-ing, Inc. His presentation was on “Long term vs. recent water damage.”
Mr. Pauli expressed the importance of a methodical approach. “We follow scientific information and gather data to formulate possible scenarios .There are many reasons for water to move. Many times water is forced up from the ground. Atmospheric humidity can go back to liquid state.”
Mr Pauli had a slide show presentation of example cases: they verified long term damage by deck settlement and stains on concrete, posts rotted on bottom and down spouts not connected.
Another case of a leak in a roof of a Gym. The roof was sagging where the AC unit had been installed at a point where the water did not make it to the drain. It was an original design defect. The AC unit was too heavy and changed roof slope.
He showed an example of a case where a family who had gone on vacation returned to a flood under their home. There were cracks in the walls and the dishwasher had been leaking causing foundation to settle.
Pauli advised to always consult with an experienced engineer before starting a home improvement project.
Please join us on March 20th again at Scott’s in San Jose at 11:30. It is important to make reservations with
Jackie Mezeul 510 896-9065 or [email protected], There are no refunds if you don’t attend.
By Lynna Harrison, Association News Network, Inc.Photos by Lynna Harrison
Congratulations to Anthony Zand, of Borton Petrini, on winning the Feb 50/50 Raffle drawing.
Central Coast Claims Association News Network • March 2014 5
We Have Moved Back To:
Scott’s Seafood Bistro11:30 a.m. check-in/social 12:00 pm pm luncheon
Insurance Adjuster Members: NOW FREE! (or with donation to CCCA Charitable Fund)Please RSVP so we know you’re coming:[email protected], or call 510-896-9065 Insurance Adjuster Non-Members: $15
Associate Members: $35 Non-members or No Reservations: $45
OR, for payment by check or cash at the door, please RSVP with 2013 CCCA Secretary Jackie Mezeul, of PW Stephens
Environmental, Inc.: 510-896-9065, or [email protected]
Purchase your lunch Now online: www.CentralCoastClaims.org
www.wardtekinc.com
CA Lic #458614
Fire • Water • SmokeMotor Vehicle Impact
RECONSTRUCTION & RESTORATION SERVICESEmergency 24x7 Services Board Up • De-Flooding
call 650-631-7383 • toll free 1-866-Wti-7383Fax 650-631-1302 • 325 Old County Rd • Belmont, CA 94002
RIA member IICRC Certified
Serving Both Northern & Southern California
ThursdayMarch 20, 2014
Join The CCCA in welcoming guest speaker
New Case Law Decision On Asserting An Unfair Competition Claim Against Insurer
Gail StargardterArcher Norris
Join the Central Coast Claims Association for our next informative luncheon meeting Thursday, March 20, 2014, as we welcome attorney Gail Stargardter, with the Archer Norris firm, as our guest speaker.
Ms. Stargardter will be discussing the California Supreme Court’s recent decision in Zhang v. Superior Court, 57 Cal.4th364 (2013), which held that Moradi-Shalal v. Fireman’s Fund Ins. Companies, 46 Cal.3d 287 (1988) does not preclude an insured from asserting an Unfair Competition claim
against its insurer based on conduct that violates both the Unfair Insurance Practices Act (UIPA) or the Cartwright Act. In other words, the Court held that an insured may file a claim for Unfair Competition based on conduct prohibited by the UIPA if that conduct is also independently actionable under the common law of insurance bad faith.
“I will be discussing what the case means for insurers and claims adjusters/ insurance agents, etc.,” she states.
For the past 23 years, Gail Stargardter has provided coverage advice to her insurance clients and represented them in coverage and bad faith litigation arising under personal and commercial lines policies.
After graduating from Muhlenberg College, in Pennsylvania, with a B.A. in 1979, Ms. Stardgardter went on to graduate cum laude from Suffolk University School of Law, J.D. in 1988.
Having spent fi ve years with a major insurance company, during which time she supervised the Special Investigation Unit for Washington and Alaska, Gail understands both the legal and practical aspects of claims handling and insurance litigation.
A colleague recently made the following comment about Gail’s legal abilities: “Gail is one of the very best in a very diffi cult field.” This sentiment is matched by her clients who trust her to represent them at the trial court and appellate court level.
COMPREHENSIVE CLIENT SERVICE As part of her comprehensive services to her clients, Gail provides training to claims personnel on claims handling and legal issues including duty to defend, duty to settle, and handling defense of third party claims under a reservation of rights.
Gail has served as an expert witness on insurance matters for both plaintiffs and defendants. She has attained an AV rating, the highest rating available, from Martindale-Hubbell, and has been identified as one of San Francisco’s Top Rated Lawyers™.
Invite your collegues, associates, clients and friends to join you for what promises to be a most enlightening session.
This promises to be an informative and insightful presentation. Please purchase your lunch at CentralCoastClaims.org now so we have an accurate count, or contact CCCA Secretary, Jackie Mezeul, to make reservations for payment by check or cash at the door: 510-896-9065 or [email protected].
New Case Law Decision OnAsserting An Unfair Competition
Against Insurer
185 Park Ave, San Jose, CA
6 Central Coast Claims Association News Network • March 2014
ACCIDENT RECONSTRUCTIONBOSTER, KOBAYASHI & ASSOCIATES - Michael KreutzelmanServing the United States 24 hr. (925) 963-9653 • (925) 447-6495and Overseas Fax (925) 447-6589
CONTRACTORS - ASBESTOS/LEAD/MOLD REMEDIATIONALLIANCE ENVIRONMENTAL - Ed Work3545 Victor Street www.alliance-enviro.com • (408) 830-9700Santa Clara, CA 95054 [email protected] • Fax (408) 980-9746AMERICAN TECHNOLOGIES, INC. - Kyle Pickett23 Las Colinas Lane # 107 (408) 362-3030San Jose, Ca. 95119 Fax (408) 362-3035JM ENVIRONMENTAL, INC. - John Moore & the JM TeamPO Box 2189 www.jmenvironmental.net • (916) 726-0304Granite Bay, CA 95746-2189 Fax (916) 726-0340P.W. STEPHENS ENVIRONMENTAL, INC. - Steve MacFarlane/Kim MacFarlane4047 Clipper Court www.pwstephensinc.com • (510) 651-9506Fremont, CA 94538 Fax (510) 651-7702RESTORATION MANAGEMENT COMPANY Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112
CONTRACTORS - ELECTRICALTUCKNOTT ELECTRIC CO. - Robert A. Tucknott6850 Regional St. Suite 110 [email protected] • (925) 931-0800Dublin, CA 94568 www.Tucknott.com • Fax (925) 931-0817
CONTRACTORS - GENERAL/RESTORATIONAAA FLOOD & FIRE - EMERGENCY SERVICES - Water, Fire, Smoke, Mold186 Barnard Ave www.AAAFloodAndFire.com • SJ Office: (408)270-9111San Jose, CA 95125 [email protected] • SSF Office 1(888)Dry1Out(379-1688)BELFOR USA - Dave Warters/Lisa Schwichtenberg2365 Industrial Pkwy West (888) 543-3473 • Fax (510) 887-9110Hayward, CA 94545 [email protected] CONSTRUCTION, INC. - Jeff Radzinski/Hoyt Philipp [email protected] - Direct: 408.582.9211 • Fax 408-582-9261 • Cell: [email protected] - Direct: 408.582.9212 • Fax: 408-582-9262 • Cell: 408-612-1961WALTER M. SPRINGS CONSTRUCTION - Murat Zilinki 881 Hurlingame Ave. (650) 222-2850 Redwood City, CA 94063 www.SpringsConstruction.comWARD- TEK, INC. RESTORATION & CONSTRUCTION325 Old County Rd. (650) 631-7383Belmont, CA 94002 www.wardtekinc.com • Fax (650) 631-1302
CONTRACTORS - MICROBIAL REMEDIATION ALLIANCE ENVIRONMENTAL - Ed Work3545 Victor Street www.alliance-enviro.com • (408) 830-9700Santa Clara, CA 95054 [email protected] • Fax(408) 980-9746AMERICAN TECHNOLOGIES, INC. - Kyle Pickett23 Las Colinas Lane # 107 (408) 362-3030San Jose, Ca. 95119 Fax (408) 362-3035BELFOR USA - Dave Warters/Lisa Schwichtenberg2365 Industrial Pkwy West (888) 543-3473 • Fax (510) 887-9110Hayward, CA 94545 [email protected] ENVIRONMENTAL, INC. - John Moore & the JM TeamPO Box 2189 www.jmenvironmental.net • (916) 726-0304Granite Bay, CA 95746-2189 Fax (916) 726-0340P.W. STEPHENS ENVIRONMENTAL, INC. - Steve MacFarlane/Kim MacFarlane4047 Clipper Court www.pwstephensinc.com • (510) 651-9506Fremont, CA 94538 Fax (510) 651-7702RESTORATION MANAGEMENT COMPANY Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112
Central Coast Claims A.N.N. Services DirectoryThank you to all our paid CCCA Directory Listing Sponsors. Please let them know you saw them in the CCCA News Network.
FIRE INVESTIGATORSFIRE CAUSE ANALYSIS - Ulises Castellon, CPCUThroughout California, Arizona (800) 726-5939 • Fax: (510) 649-3099Nevada, Oregon, N. Dakota & Minnesota [email protected]
OVERSPRAY REMOVALNATIONWIDE OVERSPRAY - Eric Gerencser Benicia, California www.overspray.net • (925) 408-5909Safe Overspray Removal [email protected] • (800) 345-1269
PROPERTY RESTORATION/CLOTHING SPECIALISTBLUE SKY CLEANERS - Robert StrongGarment Restoration - Nobody CARES about you more (925) [email protected] Fax (925) 445-6002CRDN - Steve Depper/Michelle Windsor2094 Mt. Diablo Blvd. (877) 939-1588 Walnut Creek, CA 94596 www.crdngba.comFABRIC RESTORATION SERVICE TEAM - Jim Nicholas3201- A Investment Blvd. (510) 723-1000Hayward, CA 94545 [email protected] • Fax (510) 723-1010
PROPERTY RESTORATION/CONTENTSAMERICAN TECHNOLOGIES, INC. - Kyle Pickett23 Las Colinas Lane # 107 (408) 362-3030San Jose, Ca. 95119 Fax (408) 362-3035BELFOR USA - Dave Warters/Lisa Schwichtenberg2365 Industrial Pkwy West (888) 543-3473 • Fax (510) 887-9110Hayward, CA 94545 [email protected] MANAGEMENT COMPANY Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112 SERVICEMASTER OF SAN MATEO/S. SAN FRANCISCO - David Decker439 Eccles Ave. [email protected] • (415) 584-6100S. San Francisco, CA 94080 Fax (650) 873-6334
WEB SITE DEVELOPMENTHARRISON PROMOTIONAL SERVICES - Bryan HarrisonWeb site design & hosting cell (925) 708-5569photography, music production [email protected]
Thank You To ALL Our Paid Advertising Sponsors
Deadline for submissions is March 26, 2014call 209-229-8240 or fax FAX# 209-229-8328
Central Coast Claims Association News Network • March 2014 7
The Central Coast Claims Association News Network© is a production of Association News Network, Inc. Published monthly as a free service to the CCCA with a commitment and dedication to the promotion and betterment of this professional organization. The views and comments expressed within the articles herein do not necessarily reflect the views of A.N.N., Inc. or CCCA. Both the publisher and the association assume no responsibility for any opinions and/or statements offered by contributing authors to the publication. Acceptance of advertising material does not constitute endorsement of the products or services offered. A.N.N., Inc. reserves the right to reject any advertis-ing copy or placement. We encourage industry support of this professional organization - its monthly newsletter publication and web site.
Go to: www.CentralCoastClaims.org
© 1993-2014, all rights reserved • Association News Network, Inc. • www.AssociationNewsNetwork.com2455 Naglee Rd. #263 . Tracy, CA 95304 • 209.229.8240 • fax 209.229.8328
Please submit articles for consideration by email, to: Bryan Harrison, Publisher
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Run Your Ad Network-Wide for a net rate of just $168/mo.
Next Deadline for submissions is March 26, 2014call 209-229-8240 or fax FAX# 209-229-8328
CLAIMS INDUSTRY PLACEMENTSGary E. Mingus, GEM Search Group provides both Temporary, Temp to Hire and Direct Hire placements in the Insurance Industry also, placing Vendors related to the Insur-ance Industry. Call Gary Mingus 866-935-4426 or email to [email protected]. Serving the Insurance Industry since 1995.
TEMPORARY HOUSING/INSURANCE CLAIMS -Assured Relocation is the leading national temporary housing provider for insur-ance companies. The position is fast paced. We need people with empathy, a sense of urgency, and claims experience using software (Salesforce preferably). Salary/benefits/exciting work environment in Menlo Park. Email resume/cover letter to [email protected].
“Be who you are and say what you feel, because those who mind don’t matter and those who matter don’t mind.”
Dr. Seuss
2014 CCNC Planning Under Way "Hitting A Home Run
- Covering All The Bases"August 19-20, 2014
Hyatt Regency Downtown Sacramentowww.ClaimsConference.org
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March 2014 Volume XXII • Number III
JoAnn Dean 2014 CCCA PresidentContinued from page 1
ing for their chance to win a FREE FOURSOME for our upcoming Golf Tournament! So, don’t wait. Spread the word and bring an adjuster with you as your guest to our March 20th Luncheon Meeting! The drawing will take place at our May 15th Luncheon meeting. This is a $600 value!
I am very pleased to announce our March 20th speaker will be GailAnn Star-gardter, Partner with the Law Firm of Archer Norris’ Newport Beach office speaking on the Duty to Defend and the Supreme Court’s recent decision in Zhang v. Superior Court, 57 Cal. 4th 364 (2013), which held that Moradi-Shalal v. Fireman’s Fund Ins. Companies, 45 (Cal.3d 287 (1988) does not preclude an insured from asserting an Unfair Competition claim against its insurer based on conduct that violates both the Unfair Insurance Practices Act (UIPA) or the Cartwright Act. Ms. Stargardter will be discussing what the case means for insurers and claims adjusters going forward. This should be a very interesting presentation you will NOT want to miss!
Make sure to RSVP “before” the luncheon through our Evite Invitation. Reser-vations are important so that we have an accurate count to give the restaurant. If you are not receiving our Evite Invitations, please email our Secretary, Jackie Mezeul at [email protected] or call her at (510) 896-9065 to get your email address added to the Evite list. You should also go online to our CCCA Website at: http://www.central-coastclaims.org to register and pay for your lunch reservation via PayPal.
I look forward to seeing everyone at our March 20th meeting at Scott’s Seafood in San Jose!
Respectfully,
Thursday, March 20, 2014As We Move Back To
Scott’s Seafood185 Park Ave., Downtown San Jose
JoAnn Dean2014 President, Central Coast Claims AssociationMarketing Director, SRI Environmental, Inc.Cell: 925-808-8238 • Email: [email protected]
Join The CCCA in welcoming guest speaker
New Case Law Decision On Asserting An Unfair Competition Claim Against Insurer
Gail StargardterArcher Norris
