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www.oregoncasualtyadjusters.orgPO Box 87 • Dexter, OR 97431
Founded in 1935OCAA provides
Insurance Claim Professionalswith information,
educational resources,and an arena for networking
Claims
Adjusters
Association
OregonAPRIL 2020
NEWS fromAround the Web
— Page 14
Claims Conversationwith Roger Howson, Claims DisputeResolution, PSAA Newsletter Editor &Education Chair, TCAA Past President
I am hoping you are all doing well inthe midst of the Covid-19 crisis. Thishas had a huge impact on all of us aswe are adapting to new ways of do-ing things and communicating virtu-ally while distancing. Know that
even in rough times it is important that we supportone another and maintain a positive attitude. Manymeetings and conferences have been postponed andrescheduled. Schools have been shut down, busi-nesses closed, more folks working from home thanever before and the unemployment rate is at itshighest. If you have an opportunity to spread a littlejoy to someone or help someone in need, let meencourage you to do so!
The OCAA has had to postpone our Symposiumthis month and reschedule it to Thursday, October8, 2020. Vendors feel free to go to our website andsecure your booth and registration early; those whohave already signed up we are holding your placefor you. The venue will remain at the Holiday Innin Wilsonville, Oregon.
Our May meeting has been canceled. We will haveour next scheduled luncheon on Tuesday, June 9,2020 at the Portland Spaghetti Factory. Our guest
(See President’s Message… Continued on page 3)
Message from OCAA President
Nancy Greenidge, NorcrossCase Study Article ~ See page 9
“I’ve suffered a great many tragedies in my life.Some of which actually happened.” — Mark Twain
There’s no right answer to how we experience theCoronavirus pandemic and “Sheltering in Place”.
I know too many people who are upset, agitated, an-gry, and/or scared by the quarantine. All they canthink and talk about is the disruption and damagethis shutdown is doing to their personal finances,their career and/or job prospects, and our economyin general. They’re terrified of the uncertainty. Men-tal health professionals warn us that all kinds of ad-dictions and domestic abuses arise during times likethis. Unfortunately, some people experience thequarantine as a confinement akin to being jailedthrough no fault of their own. They see themselvesas victims of an incompetent, uncaring government.
I’m also seeing some of the wittiest, most entertain-ing, and often profound postings on social media bypeople who are clearly making the best of theirsituation. I’m humbled by the generosity and graceof people who are intentionally reaching out to peo-
(Continued on page 3)
OCAA — Apri l 2020OCAA — Apri l 2020 - 2 -
This newsletter is a publication of the Oregon Claims Adjusters AssociationIt is produced and distributed monthly by
Alquemie Publishing Ink(541) 937-2611
Mail correspondence to:PO Box 87, Dexter, Oregon 97431
Email to: [email protected] or [email protected]
OCAA Vital Statistics 2019-20PO Box 87, Dexter, OR 97431Website: www.oregoncasualtyadjusters.orgEmail: [email protected]
BOWLINGCAROL WATKINS503/314-7982BUDGET & FINANCE COMMITTEEPAST PRES. JUDY DAUFEL, 503/266-9603CONSTITUTION & BYLAWSPAST PRES. SPUNKY GRAY, 800/788-3933PAST PRES. RON GRAY, 855/426-8898GOLFPAST PRES. JUDY DAUFEL, 503/266-9603LIZ DUNNING, 503/969-0054HOLIDAY PARTYNANCY GREENIDGE, 503/724-8213BEN LISENBEY, 503/312-4371NIKI CHRISTENSEN, 503/423-7020LEGISLATIVE LIAISONPAST PRES. SPUNKY GRAY, 800/788-3933MEETING PROGRAM & SPEAKERSMELODY EWERS, 971/245-1066NEWSLETTER, SYMPOSIUM & WEBSITECOORDINATOR, EMPLOYMENT, FACEBOOKBARB TYLER, ALQUEMIE PUBLISHING541/937-2611, [email protected]
PARLIMENTARIANPAST PRES. RON GRAY, 855/426-8898SCHOLARSHIPCAROL WATKINS, 503/314-7982SYMPOSIUMNANCY GREENIDGE, 503/724-8213PAST PRES. JUDY DAUFEL, 503/266-9603
FAIR USE NOTICE: This publication contains copyrighted material the use of which has not alwaysbeen specifically authorized by the copyright owner. News and informational articles posted here are for
the non-profit purposes of education and news reporting. We believe this constitutes a 'fair use' of anysuch copyrighted material as provided for in 17 U.S.C § 107.
PRESIDENTNANCY GREENIDGENORCROSS503/[email protected]
PRESIDENT-ELECTPOSITION OPEN
TREASURERJUDY DAUFELNORCROSS503/[email protected]
SECRETARYCAROL WATKINSINDEPENDENT503/[email protected]
ASSOCIATE BOARD MEMBERMELODY EWERSBAKER TILLY971/[email protected]
IMMEDIATE PAST PRESIDENTNANCY GREENIDGENORCROSS503/[email protected]
ASSOCIATE BOARD MEMBERJOHN BACHOFNERJORDAN RAMIS PC360/[email protected]
Standing Committees
ple struggling with these new challenges. It’s espe-cially heartwarming to share in the recognition ofthe truly “essential” professionals who are keepingour world safe and functional. There is also a longoverdue recognition of the less glamorous“essential” professionals who receive too little ap-preciation such as grocers, bankers, delivery ser-vices, retail, utility workers, government bureauc-racies (can you say “unemployment”?), etc.
I’m working more than ever during this “Shelter inPlace”, and I’m doing my best (and too often fal-ling short) to observe all the Coronavirus healthand safety procedures. The world is quieter,slower, and more peaceful. My neighbors and weare out walking, jogging, bicycling, and gardeningmore than before. We’re friendlier and more en-gaged with one another. Social distancing bringsus closer. I find it interesting how we respect thesix feet or more of distance between us and yet ourconversations are more personal and intimate.Since we’re restricted from being out in the worldwe now see it more clearly.
For those of us who are suffering (and even thoseof us who are thriving) during this unprecedentedcrisis, I suggest that you read one of the two (orboth) books referenced below about how to projectourselves into the future. There’s a lot of informa-tion that we don’t know, and there’s even moreinformation that we don’t know that we don’tknow. These books are a guide to creating differ-ent scenarios according to different fact patterns.In other words, designing different realities de-pending on what happens. It’s healthier to antici-pate the future you can create than to suffer in ad-vance unnecessary tragedies.
The Art of the Long View: Planning for the Fu-ture in an Uncertain World by Peter Schwartz
What increasingly affects all of us, whether profes-sional planners or individuals preparing for a bet-ter future, is not the tangibles of life—bottom-linenumbers, for instance—but the intangibles: ourhopes and fears, our beliefs and dreams. Only sto-ries—scenarios—and our ability to visualize dif-ferent kinds of futures adequately capture theseintangibles.
Claims Conversation… (Continued from front page)
(Continued on page 5)
Time11:30am to 1:00pm
LocationOld Spaghetti Factory715 SW Bancroft St, PDX
Menu Choices $15Spaghetti w/Marinara Sauce, AngelHair Pomodoro or Chicken CaesarSalad.
Check, cash or credit card accepted
RSVP Requestedwww.oregoncasualtyadjusters.org
Who will takehome the
Money Pot?YOU MUST BE
PRESENT TO WIN!
At each luncheon meetingsomeone could be
a lucky winner!Will you be present
to win at the next meeting?
Up for grabs at next meeting: $200
Crying CornerThese folks missed out on $150 because theywere not at the March meeting: Steve Olson(again!), Nancy Greenidge, Don Holland, BunnyFerrari, Danny FlemingDon’t let your name be listed here, be inattendance at the next meeting for achance to win!
Featured Luncheon Presenter/Topic:Note: On Tuesday, June 9, 2020 our expected presenter will
be Cecilia Larson of Degenkolb. Topic TBA.
Next OCAA MeetingNO April or May MeetingsJune 9, 2020
- 3 -
lquemie ublishing
nk
Barb Tyler(541) 937∙2611
[email protected] Box 87, Dexter, Oregon 97431
Newsletter Publishing • Executive Assistance • Event PlanningAnything your volunteers need help with ~ I can assist!
1994 ~ 2019Celebrating 25 years
providing tailored servicesto nonprofit organizations
“The next best thingto a volunteer!”
OCAA Awards Two Scholarships
Thanks to our vendors who have donated raffleprizes throughout the year to raise money for ourScholarship Fund, and to our members and guestswho have purchased tickets to win such wonderfulprizes, we were able to award two $1000 scholar-ships recently! Payment will be issued directly totheir institution of choice. Below is information onour two candidates.
Avery Arnold
Avery has been accepted at Pacific University inForest Grove, Oregon and plans to pursue a degreein pre-pharmacy and chemistry for a career in phar-macology.
Mackenzie Kay Striffler
Mackenzie has been accepted at Texas State Uni-versity in San Marcos, Texas and plans to pursue adegree in theatre, creating a path for future musicalperformances on Broadway. Mackenzie has a pas-sion for teaching music and theatre.
speaker will be Cecelia Larson of Degenkolb. Sur-prise GIFT CARDS will be given out to a fewlucky people at this meeting! And a member inattendance has a chance at winning the Member-ship Drawing which is now up to $200 — but mustbe present to win! Bring a friend or co-worker for agreat time of networking, lunch and learning. It willbe great to get back in the saddle and see everyoneagain! Please register ahead for the luncheon andmake your food selection. If you forget to register,don’t let that stop you from attending as you canregister when you check in. Come one come all![Of course, due to COVID-19, this meeting is sub-ject to change. Check our website for any changes.]
SAVE THE DATE for our annual golf tournament— Shoot Out at Stone Creek Corral. We return toStone Creek Golf Course on August 14th with an8:00am shotgun start.
Let’s continue to work together, mentor others,share our knowledge with others, and most impor-tantly Stay Home Stay Safe — for yourself andothers. We will get through this.
President’s Message… (Continued from front page)
OCAA — Apri l 2020OCAA — Apri l 2020 - 2 -
This newsletter is a publication of the Oregon Claims Adjusters AssociationIt is produced and distributed monthly by
Alquemie Publishing Ink(541) 937-2611
Mail correspondence to:PO Box 87, Dexter, Oregon 97431
Email to: [email protected] or [email protected]
OCAA Vital Statistics 2019-20PO Box 87, Dexter, OR 97431Website: www.oregoncasualtyadjusters.orgEmail: [email protected]
BOWLINGCAROL WATKINS503/314-7982BUDGET & FINANCE COMMITTEEPAST PRES. JUDY DAUFEL, 503/266-9603CONSTITUTION & BYLAWSPAST PRES. SPUNKY GRAY, 800/788-3933PAST PRES. RON GRAY, 855/426-8898GOLFPAST PRES. JUDY DAUFEL, 503/266-9603LIZ DUNNING, 503/969-0054HOLIDAY PARTYNANCY GREENIDGE, 503/724-8213BEN LISENBEY, 503/312-4371NIKI CHRISTENSEN, 503/423-7020LEGISLATIVE LIAISONPAST PRES. SPUNKY GRAY, 800/788-3933MEETING PROGRAM & SPEAKERSMELODY EWERS, 971/245-1066NEWSLETTER, SYMPOSIUM & WEBSITECOORDINATOR, EMPLOYMENT, FACEBOOKBARB TYLER, ALQUEMIE PUBLISHING541/937-2611, [email protected]
PARLIMENTARIANPAST PRES. RON GRAY, 855/426-8898SCHOLARSHIPCAROL WATKINS, 503/314-7982SYMPOSIUMNANCY GREENIDGE, 503/724-8213PAST PRES. JUDY DAUFEL, 503/266-9603
FAIR USE NOTICE: This publication contains copyrighted material the use of which has not alwaysbeen specifically authorized by the copyright owner. News and informational articles posted here are for
the non-profit purposes of education and news reporting. We believe this constitutes a 'fair use' of anysuch copyrighted material as provided for in 17 U.S.C § 107.
PRESIDENTNANCY GREENIDGENORCROSS503/[email protected]
PRESIDENT-ELECTPOSITION OPEN
TREASURERJUDY DAUFELNORCROSS503/[email protected]
SECRETARYCAROL WATKINSINDEPENDENT503/[email protected]
ASSOCIATE BOARD MEMBERMELODY EWERSBAKER TILLY971/[email protected]
IMMEDIATE PAST PRESIDENTNANCY GREENIDGENORCROSS503/[email protected]
ASSOCIATE BOARD MEMBERJOHN BACHOFNERJORDAN RAMIS PC360/[email protected]
Standing Committees
ple struggling with these new challenges. It’s espe-cially heartwarming to share in the recognition ofthe truly “essential” professionals who are keepingour world safe and functional. There is also a longoverdue recognition of the less glamorous“essential” professionals who receive too little ap-preciation such as grocers, bankers, delivery ser-vices, retail, utility workers, government bureauc-racies (can you say “unemployment”?), etc.
I’m working more than ever during this “Shelter inPlace”, and I’m doing my best (and too often fal-ling short) to observe all the Coronavirus healthand safety procedures. The world is quieter,slower, and more peaceful. My neighbors and weare out walking, jogging, bicycling, and gardeningmore than before. We’re friendlier and more en-gaged with one another. Social distancing bringsus closer. I find it interesting how we respect thesix feet or more of distance between us and yet ourconversations are more personal and intimate.Since we’re restricted from being out in the worldwe now see it more clearly.
For those of us who are suffering (and even thoseof us who are thriving) during this unprecedentedcrisis, I suggest that you read one of the two (orboth) books referenced below about how to projectourselves into the future. There’s a lot of informa-tion that we don’t know, and there’s even moreinformation that we don’t know that we don’tknow. These books are a guide to creating differ-ent scenarios according to different fact patterns.In other words, designing different realities de-pending on what happens. It’s healthier to antici-pate the future you can create than to suffer in ad-vance unnecessary tragedies.
The Art of the Long View: Planning for the Fu-ture in an Uncertain World by Peter Schwartz
What increasingly affects all of us, whether profes-sional planners or individuals preparing for a bet-ter future, is not the tangibles of life—bottom-linenumbers, for instance—but the intangibles: ourhopes and fears, our beliefs and dreams. Only sto-ries—scenarios—and our ability to visualize dif-ferent kinds of futures adequately capture theseintangibles.
Claims Conversation… (Continued from front page)
(Continued on page 5)
Time11:30am to 1:00pm
LocationOld Spaghetti Factory715 SW Bancroft St, PDX
Menu Choices $15Spaghetti w/Marinara Sauce, AngelHair Pomodoro or Chicken CaesarSalad.
Check, cash or credit card accepted
RSVP Requestedwww.oregoncasualtyadjusters.org
Who will takehome the
Money Pot?YOU MUST BE
PRESENT TO WIN!
At each luncheon meetingsomeone could be
a lucky winner!Will you be present
to win at the next meeting?
Up for grabs at next meeting: $200
Crying CornerThese folks missed out on $150 because theywere not at the March meeting: Steve Olson(again!), Nancy Greenidge, Don Holland, BunnyFerrari, Danny FlemingDon’t let your name be listed here, be inattendance at the next meeting for achance to win!
Featured Luncheon Presenter/Topic:Note: On Tuesday, June 9, 2020 our expected presenter will
be Cecilia Larson of Degenkolb. Topic TBA.
Next OCAA MeetingNO April or May MeetingsJune 9, 2020
- 3 -
lquemie ublishing
nk
Barb Tyler(541) 937∙2611
[email protected] Box 87, Dexter, Oregon 97431
Newsletter Publishing • Executive Assistance • Event PlanningAnything your volunteers need help with ~ I can assist!
1994 ~ 2019Celebrating 25 years
providing tailored servicesto nonprofit organizations
“The next best thingto a volunteer!”
OCAA Awards Two Scholarships
Thanks to our vendors who have donated raffleprizes throughout the year to raise money for ourScholarship Fund, and to our members and guestswho have purchased tickets to win such wonderfulprizes, we were able to award two $1000 scholar-ships recently! Payment will be issued directly totheir institution of choice. Below is information onour two candidates.
Avery Arnold
Avery has been accepted at Pacific University inForest Grove, Oregon and plans to pursue a degreein pre-pharmacy and chemistry for a career in phar-macology.
Mackenzie Kay Striffler
Mackenzie has been accepted at Texas State Uni-versity in San Marcos, Texas and plans to pursue adegree in theatre, creating a path for future musicalperformances on Broadway. Mackenzie has a pas-sion for teaching music and theatre.
speaker will be Cecelia Larson of Degenkolb. Sur-prise GIFT CARDS will be given out to a fewlucky people at this meeting! And a member inattendance has a chance at winning the Member-ship Drawing which is now up to $200 — but mustbe present to win! Bring a friend or co-worker for agreat time of networking, lunch and learning. It willbe great to get back in the saddle and see everyoneagain! Please register ahead for the luncheon andmake your food selection. If you forget to register,don’t let that stop you from attending as you canregister when you check in. Come one come all![Of course, due to COVID-19, this meeting is sub-ject to change. Check our website for any changes.]
SAVE THE DATE for our annual golf tournament— Shoot Out at Stone Creek Corral. We return toStone Creek Golf Course on August 14th with an8:00am shotgun start.
Let’s continue to work together, mentor others,share our knowledge with others, and most impor-tantly Stay Home Stay Safe — for yourself andothers. We will get through this.
President’s Message… (Continued from front page)
- 5 -
In The Art of the Long View, Peter Schwartz out-lines the "scenaric" approach, giving you the toolsfor developing a strategic vision within your busi-ness.
Schwartz describes the new techniques, originallydeveloped within Royal/Dutch Shell, based onmany of his firsthand scenario exercises with theworld's leading institutions and companies, includ-ing the White House, EPA, BellSouth, PG&E, andthe International Stock Exchange.
Strategic Reframing: The Oxford ScenarioPlanning Approach by Rafael Ramírez and An-gela Wilkinson
Traditional strategy assumes stability and predict-ability. Today's world is better characterized byturbulence, uncertainty, novelty and ambiguity -conditions that contribute disruptive changes andtrigger the search for new ways of coping.
This book aims to become the premier guide onhow to do scenario planning to support strategyand public policy. Co-authored by three experts inthe field, the book presents The Oxford ScenarioPlanning Approach (OSPA). The approach is bothintellectually rigorous and practical. Methodologi-cal choices and theoretical aspects in practice aredetailed in reference to the relevant literatures andgrounded in 6 case studies the authors have beeninvolved with.
The book makes several contributions to the field,centered on how learning with scenario planning issupported by re-framing and re-perception; howthis iterative process can be embedded in corporateor government settings, and how it helps those thatit supports to do well in today's world.
Okay, so much for the Amazon.com book reports.In closing, I’ll kickstart your exercise in planningyour work and life post-quarantine with twentyquestions you might want to consider.
1. What will I do if the “Sheltering in Place” orderextends through May? Until after July 4th?
2. What is my risk and exposure immediately afterthe “Sheltering in Place” order is lifted?
3. How dangerous is it that there is still no test,vaccine, or cure for the Coronavirus?
Claims Conversation… (Continued from page 3)
OCAA — Apri l 2020OCAA — Apri l 2020 - 5 -
In The Art of the Long View, Peter Schwartz out-lines the "scenaric" approach, giving you the toolsfor developing a strategic vision within your busi-ness.
Schwartz describes the new techniques, originallydeveloped within Royal/Dutch Shell, based onmany of his firsthand scenario exercises with theworld's leading institutions and companies, includ-ing the White House, EPA, BellSouth, PG&E, andthe International Stock Exchange.
Strategic Reframing: The Oxford ScenarioPlanning Approach by Rafael Ramírez and An-gela Wilkinson
Traditional strategy assumes stability and predict-ability. Today's world is better characterized byturbulence, uncertainty, novelty and ambiguity -conditions that contribute disruptive changes andtrigger the search for new ways of coping.
This book aims to become the premier guide onhow to do scenario planning to support strategyand public policy. Co-authored by three experts inthe field, the book presents The Oxford ScenarioPlanning Approach (OSPA). The approach is bothintellectually rigorous and practical. Methodologi-cal choices and theoretical aspects in practice aredetailed in reference to the relevant literatures andgrounded in 6 case studies the authors have beeninvolved with.
The book makes several contributions to the field,centered on how learning with scenario planning issupported by re-framing and re-perception; howthis iterative process can be embedded in corporateor government settings, and how it helps those thatit supports to do well in today's world.
Okay, so much for the Amazon.com book reports.In closing, I’ll kickstart your exercise in planningyour work and life post-quarantine with twentyquestions you might want to consider.
1. What will I do if the “Sheltering in Place” orderextends through May? Until after July 4th?
2. What is my risk and exposure immediately afterthe “Sheltering in Place” order is lifted?
3. How dangerous is it that there is still no test,vaccine, or cure for the Coronavirus?
Claims Conversation… (Continued from page 3)
OCAA — Apri l 2020OCAA — Apri l 2020
15. How do I reinvent myself if my profession and/orindustry is rendered superfluous?
16. Can my education, skill sets, and professionalcompetency be redirected into new opportunities?
17. How can I live and work differently in a way thatkeeps me healthy and gainfully employed?
18. Is this pandemic actually the universe’s invitationto reconsider my life and career choices?
19. If everything quickly goes back to normal did Iwaste this time off stressing out about nothing?
20. Going forward from here, how best can I live mylife, love my work, and serve the greater good?
Stay safe, wash your hands, keep your distance, andwe will be in touch soon because OCAA plans to bearound for a very long time to come.
- 7 -- 6 -
4. How much of a risk of infection am I willing toaccept to be able to do my job (and get paid)?
5. What measures can I myself take to reduce myrisk of exposure to the Coronavirus?
6. What policies and procedures should my em-ployer implement to reduce our risk of expo-sure?
7. How should I interact with coworkers, clients,customers, and vendors during this time?
8. Will my job, profession, company, and/or indus-try survive the Coronavirus pandemic?
9. How can I change my work environment, habits,and/or objectives during this pandemic?
10. Where are the new business and professionalopportunities in the post-Coronavirus world?
11. What interim developments (reliable testing, ef-fective protection, etc.) will make a difference?
12. What if the “Sheltering in Place” order is liftedand then there’s another catastrophic outbreak?
13. What if we descend into a worldwide economicdepression worse than the Great Depression?
14. What if unemployment exceeds 25% and oureconomic output shrinks by more than 40%?
Visit us online atwww.oregoncasualtyadjusters.org
Another recommended read:Nuclear Verdicts:Defending Justice For AllBy Robert F. Tyson Jr.Can be purchased thru amazon.com.
OCAA — Apri l 2020OCAA — Apri l 2020
15. How do I reinvent myself if my profession and/orindustry is rendered superfluous?
16. Can my education, skill sets, and professionalcompetency be redirected into new opportunities?
17. How can I live and work differently in a way thatkeeps me healthy and gainfully employed?
18. Is this pandemic actually the universe’s invitationto reconsider my life and career choices?
19. If everything quickly goes back to normal did Iwaste this time off stressing out about nothing?
20. Going forward from here, how best can I live mylife, love my work, and serve the greater good?
Stay safe, wash your hands, keep your distance, andwe will be in touch soon because OCAA plans to bearound for a very long time to come.
- 7 -- 6 -
4. How much of a risk of infection am I willing toaccept to be able to do my job (and get paid)?
5. What measures can I myself take to reduce myrisk of exposure to the Coronavirus?
6. What policies and procedures should my em-ployer implement to reduce our risk of expo-sure?
7. How should I interact with coworkers, clients,customers, and vendors during this time?
8. Will my job, profession, company, and/or indus-try survive the Coronavirus pandemic?
9. How can I change my work environment, habits,and/or objectives during this pandemic?
10. Where are the new business and professionalopportunities in the post-Coronavirus world?
11. What interim developments (reliable testing, ef-fective protection, etc.) will make a difference?
12. What if the “Sheltering in Place” order is liftedand then there’s another catastrophic outbreak?
13. What if we descend into a worldwide economicdepression worse than the Great Depression?
14. What if unemployment exceeds 25% and oureconomic output shrinks by more than 40%?
Visit us online atwww.oregoncasualtyadjusters.org
Another recommended read:Nuclear Verdicts:Defending Justice For AllBy Robert F. Tyson Jr.Can be purchased thru amazon.com.
- 9 -
age including a “permeating odor” throughout theproperty.
At issue in the case was a domestic animal exclu-sion within Ms. Phillips’ rental dwelling insurancepolicy that provided that State Farm would not in-sure for losses “directly and immediately caused by,. . . birds, vermin, rodents, insects or domestic ani-mals.” When Ms. Phillips sought to recover herproperty damages under her rental dwelling policy,State Farm denied the claim under the policy’s do-mestic animal exclusion.
State Farm moved for summary judgment, arguingthat the property damage was excluded because thecats directly and immediately caused the damage tothe property. Ms. Phillips argued in response thatthe damage was not caused by the cats, but ratherby the tenant’s failure to clean up after them. Thetrial court granted partial summary judgment in fa-vor of State Farm by concluding that coverage forproperty damage caused by the cats was excludedby the domestic animal exclusion as a matter oflaw. Ms. Phillips appealed, and the Court of Ap-peals affirmed the trial court’s ruling.
Phillips v. State Farm Fire and Casualty Co., 302Or App 500 (2020)
On February 26, 2020, the Oregon Court of Ap-peals issued an opinion that property damage re-sulting from pet waste was caused by the pets andnot their owner, allowing State Farm’s domesticanimal exclusion to apply to the loss.
In Phillips v. State Farm Fire and Casualty Co.,the policyholder, Sally Phillips sued her insurer forrefusing to cover property damage from her tenant'spet waste. Ms. Phillips discovered that her tenantwas living with approximately 100 cats. The tenanthad failed to adequately keep up with the wastefrom the cats, leading to permanent property dam-
Case Study
100 Cats: At What Point Is TheDamage Caused By The PetOwner Rather Than The Pet?By Allie M. BoydAssociate, Davis Rothwell Earle & Xóchihua, PC
OCAA — Apri l 2020OCAA — Apri l 2020 - 9 -
age including a “permeating odor” throughout theproperty.
At issue in the case was a domestic animal exclu-sion within Ms. Phillips’ rental dwelling insurancepolicy that provided that State Farm would not in-sure for losses “directly and immediately caused by,. . . birds, vermin, rodents, insects or domestic ani-mals.” When Ms. Phillips sought to recover herproperty damages under her rental dwelling policy,State Farm denied the claim under the policy’s do-mestic animal exclusion.
State Farm moved for summary judgment, arguingthat the property damage was excluded because thecats directly and immediately caused the damage tothe property. Ms. Phillips argued in response thatthe damage was not caused by the cats, but ratherby the tenant’s failure to clean up after them. Thetrial court granted partial summary judgment in fa-vor of State Farm by concluding that coverage forproperty damage caused by the cats was excludedby the domestic animal exclusion as a matter oflaw. Ms. Phillips appealed, and the Court of Ap-peals affirmed the trial court’s ruling.
Phillips v. State Farm Fire and Casualty Co., 302Or App 500 (2020)
On February 26, 2020, the Oregon Court of Ap-peals issued an opinion that property damage re-sulting from pet waste was caused by the pets andnot their owner, allowing State Farm’s domesticanimal exclusion to apply to the loss.
In Phillips v. State Farm Fire and Casualty Co.,the policyholder, Sally Phillips sued her insurer forrefusing to cover property damage from her tenant'spet waste. Ms. Phillips discovered that her tenantwas living with approximately 100 cats. The tenanthad failed to adequately keep up with the wastefrom the cats, leading to permanent property dam-
Case Study
100 Cats: At What Point Is TheDamage Caused By The PetOwner Rather Than The Pet?By Allie M. BoydAssociate, Davis Rothwell Earle & Xóchihua, PC
- 11 -
Whereas it could not be disputed that the waste of100 cats was the cause of the property damage, theprimary issue before the Court of Appeals was themeaning of the phrase “directly and immediately”as used in the domestic animal exclusion. Could thecats be solely blamed for the damage if the tenant’sfailure to clean up after them was also a cause ofthe damage?
In Oregon, the interpretation of insurance policiesfollows the rules of contract interpretation, so thegoal is to determine the intentions of the parties. Inthe insurance context, this means looking to theterms of the policy, and interpreting those terms“according to what we perceive to be the under-standing of the ordinary purchaser of the insur-ance.” See Coelsch v. State Farm Fire and Casu-alty Co., 298 Or. App. 207, 214 (2019).
The terms at issue were “directly” and“immediately.” Because the policy did not definethem, the court turned to their plain meaning. Thecourt examined the dictionary definitions of bothwords, “directly” being defined as “without anyintervening space or time : next in order . . .” and“immediately” being defined as “without interme-diary : in direct connection or relation : closely.”These definitions satisfied the court that the exclu-sion’s language was plain and unambiguous, andthat an ordinary purchaser of a rental dwelling pol-icy would understand the domestic animal exemp-tion to mean that “damage that can be directlylinked to domestic animals by timing and physicalconnection is excluded.”
Having decided what the domestic animal exclu-sion means, the court was left to decide whether theexclusion applied to Ms. Phillips’ case.
It was undisputed that cats are domestic animals,and it could not be denied that the source of loss tothe insured property was the waste of approxi-mately 100 cats. And yet, Ms. Phillips argued, thedomestic animal exclusion could not have appliedbecause the cats were not to blame for the excessbuildup of waste and permeating odor. Rather, Ms.Phillips argued that it was the passage of time inwhich the tenant negligently failed to clean up afterthe animals that led to the property damage at issue.
State Farm argued in response that the cats createdthe waste, and so were directly and immediatelyresponsible for the damage. Regardless of whether
OCAA — Apri l 2020OCAA — Apri l 2020 - 11 -
Whereas it could not be disputed that the waste of100 cats was the cause of the property damage, theprimary issue before the Court of Appeals was themeaning of the phrase “directly and immediately”as used in the domestic animal exclusion. Could thecats be solely blamed for the damage if the tenant’sfailure to clean up after them was also a cause ofthe damage?
In Oregon, the interpretation of insurance policiesfollows the rules of contract interpretation, so thegoal is to determine the intentions of the parties. Inthe insurance context, this means looking to theterms of the policy, and interpreting those terms“according to what we perceive to be the under-standing of the ordinary purchaser of the insur-ance.” See Coelsch v. State Farm Fire and Casu-alty Co., 298 Or. App. 207, 214 (2019).
The terms at issue were “directly” and“immediately.” Because the policy did not definethem, the court turned to their plain meaning. Thecourt examined the dictionary definitions of bothwords, “directly” being defined as “without anyintervening space or time : next in order . . .” and“immediately” being defined as “without interme-diary : in direct connection or relation : closely.”These definitions satisfied the court that the exclu-sion’s language was plain and unambiguous, andthat an ordinary purchaser of a rental dwelling pol-icy would understand the domestic animal exemp-tion to mean that “damage that can be directlylinked to domestic animals by timing and physicalconnection is excluded.”
Having decided what the domestic animal exclu-sion means, the court was left to decide whether theexclusion applied to Ms. Phillips’ case.
It was undisputed that cats are domestic animals,and it could not be denied that the source of loss tothe insured property was the waste of approxi-mately 100 cats. And yet, Ms. Phillips argued, thedomestic animal exclusion could not have appliedbecause the cats were not to blame for the excessbuildup of waste and permeating odor. Rather, Ms.Phillips argued that it was the passage of time inwhich the tenant negligently failed to clean up afterthe animals that led to the property damage at issue.
State Farm argued in response that the cats createdthe waste, and so were directly and immediatelyresponsible for the damage. Regardless of whether
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the tenant worsened the damage by failing to cleanup the waste, the cats were the clear source of theproblem.
The court agreed with State Farm that the domesticanimal exclusion applied—the cats were the sourceof the waste and the waste was the cause of theproperty damage. In reaching this decision, the pol-icy’s use of the terms “directly and immediately”was important to the court for eliminating consid-eration of multiple causes, some of which may notbe excluded from coverage.
In aid of its decision, the court looked to a localfederal court case, Bjugan v. State Farm Fire andCasualty Company, 969 F.Supp.2d 1283 (D. Or.2013), in which the Oregon District Court appliedstate law to interpret an insurance policy. There, thecourt examined the same domestic animal exclusionin another State Farm rental dwelling policy. TheBjugans owned rental property that was occupiedby a tenant and, as they came to discover, a total of95 cats and two dogs. The condition of the propertywas described as “deplorable and unhealthy.”
Like Ms. Phillips, the Bjugans sought to recover thecost of repairing the damage from State Farm, andState Farm similarly denied the claim on the basisof the domestic animal exclusion. Both partiesmoved for summary judgment. The Bjugans arguedit was a vandalism loss covered by the policy andthat the court should use the efficient proximatecause analysis to determine that that loss was cov-ered by the policy. State Farm argued that the plainlanguage of the policy made it clear that the losswas not insured as it was directly and immediatelycaused by domestic animals.
The court in Bjugan agreed with State Farm, ob-serving that the State Farm policy directly ad-dressed the situation in which there may be two ormore causes for a loss when one may be excludedfrom coverage in the policy language. The courtobserved that the exclusion looks to the direct andimmediate cause, and not all causes. Thus, the courtrejected the Bjugans’ theory that the loss wascaused by the tenant’s vandalism, explaining:
Taking the Bjugans’ argument literally, wasit the renter’s decision to have cat numberfive or ten or fifteen or thirty-five thatreached the point of being vandalism? Whatwas the cat damage before that point in
OCAA — Apri l 2020OCAA — Apri l 2020 - 13 -
the tenant worsened the damage by failing to cleanup the waste, the cats were the clear source of theproblem.
The court agreed with State Farm that the domesticanimal exclusion applied—the cats were the sourceof the waste and the waste was the cause of theproperty damage. In reaching this decision, the pol-icy’s use of the terms “directly and immediately”was important to the court for eliminating consid-eration of multiple causes, some of which may notbe excluded from coverage.
In aid of its decision, the court looked to a localfederal court case, Bjugan v. State Farm Fire andCasualty Company, 969 F.Supp.2d 1283 (D. Or.2013), in which the Oregon District Court appliedstate law to interpret an insurance policy. There, thecourt examined the same domestic animal exclusionin another State Farm rental dwelling policy. TheBjugans owned rental property that was occupiedby a tenant and, as they came to discover, a total of95 cats and two dogs. The condition of the propertywas described as “deplorable and unhealthy.”
Like Ms. Phillips, the Bjugans sought to recover thecost of repairing the damage from State Farm, andState Farm similarly denied the claim on the basisof the domestic animal exclusion. Both partiesmoved for summary judgment. The Bjugans arguedit was a vandalism loss covered by the policy andthat the court should use the efficient proximatecause analysis to determine that that loss was cov-ered by the policy. State Farm argued that the plainlanguage of the policy made it clear that the losswas not insured as it was directly and immediatelycaused by domestic animals.
The court in Bjugan agreed with State Farm, ob-serving that the State Farm policy directly ad-dressed the situation in which there may be two ormore causes for a loss when one may be excludedfrom coverage in the policy language. The courtobserved that the exclusion looks to the direct andimmediate cause, and not all causes. Thus, the courtrejected the Bjugans’ theory that the loss wascaused by the tenant’s vandalism, explaining:
Taking the Bjugans’ argument literally, wasit the renter’s decision to have cat numberfive or ten or fifteen or thirty-five thatreached the point of being vandalism? Whatwas the cat damage before that point in
OCAA — Apri l 2020OCAA — Apri l 2020 - 15 -
The company’s shares closed down about 7.5% at$113.75 on Tuesday. They have lost nearly a thirdof their market value since touching record highs inlate-March.
Zoom Chief Executive Officer Eric Yuan last weekapologized to users, saying the company had fallenshort of the community’s privacy and security ex-pectations, and was taking steps to fix the issues.
Zoom has been trying to plug security issues, as itsigns up millions of new users from across theworld as people are forced to work from home afterlockdowns were enforced to slow the spread of thecoronavirus.
However, the company is facing a backlash fromusers worried about the lack of end-to-end encryp-tion of meeting sessions and “zoombombing”,where uninvited guests crash into meetings.
Elon Musk’s rocket company SpaceX recentlybanned its employees from using Zoom, citing“significant privacy and security concerns,” whileTaiwan’s cabinet has told government agencies tostop using the app.
Zoom did not respond to a Reuters request for com-ment, after market hours.
The case number is 5:20-cv-02353 and it was filedin the U.S. District Court for the Northern Districtof California.
The Most Common Types of Insurance Fraudto Watch Out For — By Danielle LingReprinted from www.propertycasualty360.com
The insurance industry and its more than 7,000companies collect roughly $1 trillion in premiumsannually, according to the latest FBI data from2019.
With that much business, there is sure to be a size-able amount of fraud.
The FBI asserts the total cost of insurance fraud inthe U.S. (excluding health insurance) is estimated tobe more than $40 billion per year, costing the aver-age U.S. family between $400 and $700 annually inthe form of increased premiums. Across all lines ofinsurance, the Insurance Information Institute (I.I.I.)estimates that insurance fraud losses total a mini-mum of $80 million annually.
NEWSfrom
Around the Web
Suit Alleges Zoom Overstated Privacy, Did NotDisclose Security Flaws
Zoom Video Communications Inc. was slapped witha class action suit by one of its shareholders on Tues-day, accusing the video-conferencing app of over-stating its privacy standards and failing to disclosethat its service was not end-to-end encrypted.
Shareholder Michael Drieu claimed in a court filingthat a string of recent media reports highlighting theprivacy flaws in Zoom’s application have led to thecompany’s stock, which had rallied for several daysin the beginning of the year, to plummet.
time? The plain meaning of the State Farmpolicy is that it was the actions of the catsthat was the “direct and immediate” causeof the physical loss here, whether it was thefirst cat, the thirty-ninth, or the ninety-fifthcat.
In both Phillips and Bjugan, the courts did not al-low policyholders to avoid the coverage exclusionby pointing to the irresponsibility of the tenant. Itdid not matter in these cases whether the tenant hadone cat or one hundred, the result was the same:animal waste and resulting damage is caused by theanimal and not the human who houses them. Thecourts were only able to reach this conclusion be-cause of State Farm’s inclusion of the terms“directly” and “immediately.” Whereas the Phillipscourt agreed that there may be some ambiguity inan exclusion for losses merely “caused by” a do-mestic animal, the exclusion for losses “directlyand immediately caused by” domestic animals hasa plain and unambiguous meaning that allows cov-erage exclusion to losses resulting from domesticanimal waste. The Phillips case illustrates that thereis no known threshold at which the cause of dam-ages due to ill tended pets transcends into the petowner's vandalism or negligence for purposes ofState Farm's domestic animal exclusion.
In the P&C space, studies conducted by I.I.I. foundthat insurance fraud comprises about 10% oflosses and loss adjustment expenses annually,equating to about $34 billion each year.
Workers’ compensation insurance fraud alone isestimated to cost insurers and employers $6 bil-lion per year, according to the Coalition AgainstInsurance Fraud (CAIF).
Due to the sheer size of the insurance industry andthe volume of claims, preventing losses from fraudentirely is impossible, so it’s important that adjust-ers and agents know what signs to look for to detectfraud.
Discover 6 of the most common types of insurancefraud to look out for by visitingwww.propertycasualty360.com.
Gov. Kate Brown has Appointed Andrew Stolfias the DCBS Director
As director of DCBS, Stolfi will continue in hisrole as the state's insurance commissioner. He willalso oversee the Building Codes Division, Divisionof Financial Regulation, the Oregon Health Insur-ance Marketplace, Oregon OSHA, the Ombudsmanfor Injured Workers, Small Business Ombudsman,Workers’ Compensation Division, Workers’ Com-pensation Board, as well as the Central ServicesDivision.
— For more information, read the governor’s press releaseabout Stolfi’s appointment:
www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36304
News from theDivision of Financial Regulation
www.facebook.com/OregonClaimsAdjusters
Thenell Law Group lawyers and staff arecommitted to your insurance-related legal needs.
With offices in Portland, Oregon and Seattle, Washington, the firm’s practice areasinclude First & Third-Party SIU, Bad-Faith Litigation, Insurance Coverage Disputes,
Construction Litigation, Products Liability, Personal Injury Defense, General Liability,Property, Fire & Casualty Claims, Directors and Officers Litigation, Errors and
Omissions Litigation, Cyber Litigation, Subrogation, and representation ofpolice officers and their associations.
Applying SIU roots and unique talents in a case by case approach, TLG not only advisesits clients about the law, but provides practical solutions they can utilize every day. TLG
goes the extra mile to give its clients the ability to make informed and educateddecisions, and to offer creative solutions to complicated legal problems.
Thenell Law Group provides you with options,solutions and a partnership for success.
- 14 -
OCAA — Apri l 2020OCAA — Apri l 2020 - 15 -
The company’s shares closed down about 7.5% at$113.75 on Tuesday. They have lost nearly a thirdof their market value since touching record highs inlate-March.
Zoom Chief Executive Officer Eric Yuan last weekapologized to users, saying the company had fallenshort of the community’s privacy and security ex-pectations, and was taking steps to fix the issues.
Zoom has been trying to plug security issues, as itsigns up millions of new users from across theworld as people are forced to work from home afterlockdowns were enforced to slow the spread of thecoronavirus.
However, the company is facing a backlash fromusers worried about the lack of end-to-end encryp-tion of meeting sessions and “zoombombing”,where uninvited guests crash into meetings.
Elon Musk’s rocket company SpaceX recentlybanned its employees from using Zoom, citing“significant privacy and security concerns,” whileTaiwan’s cabinet has told government agencies tostop using the app.
Zoom did not respond to a Reuters request for com-ment, after market hours.
The case number is 5:20-cv-02353 and it was filedin the U.S. District Court for the Northern Districtof California.
The Most Common Types of Insurance Fraudto Watch Out For — By Danielle LingReprinted from www.propertycasualty360.com
The insurance industry and its more than 7,000companies collect roughly $1 trillion in premiumsannually, according to the latest FBI data from2019.
With that much business, there is sure to be a size-able amount of fraud.
The FBI asserts the total cost of insurance fraud inthe U.S. (excluding health insurance) is estimated tobe more than $40 billion per year, costing the aver-age U.S. family between $400 and $700 annually inthe form of increased premiums. Across all lines ofinsurance, the Insurance Information Institute (I.I.I.)estimates that insurance fraud losses total a mini-mum of $80 million annually.
NEWSfrom
Around the Web
Suit Alleges Zoom Overstated Privacy, Did NotDisclose Security Flaws
Zoom Video Communications Inc. was slapped witha class action suit by one of its shareholders on Tues-day, accusing the video-conferencing app of over-stating its privacy standards and failing to disclosethat its service was not end-to-end encrypted.
Shareholder Michael Drieu claimed in a court filingthat a string of recent media reports highlighting theprivacy flaws in Zoom’s application have led to thecompany’s stock, which had rallied for several daysin the beginning of the year, to plummet.
time? The plain meaning of the State Farmpolicy is that it was the actions of the catsthat was the “direct and immediate” causeof the physical loss here, whether it was thefirst cat, the thirty-ninth, or the ninety-fifthcat.
In both Phillips and Bjugan, the courts did not al-low policyholders to avoid the coverage exclusionby pointing to the irresponsibility of the tenant. Itdid not matter in these cases whether the tenant hadone cat or one hundred, the result was the same:animal waste and resulting damage is caused by theanimal and not the human who houses them. Thecourts were only able to reach this conclusion be-cause of State Farm’s inclusion of the terms“directly” and “immediately.” Whereas the Phillipscourt agreed that there may be some ambiguity inan exclusion for losses merely “caused by” a do-mestic animal, the exclusion for losses “directlyand immediately caused by” domestic animals hasa plain and unambiguous meaning that allows cov-erage exclusion to losses resulting from domesticanimal waste. The Phillips case illustrates that thereis no known threshold at which the cause of dam-ages due to ill tended pets transcends into the petowner's vandalism or negligence for purposes ofState Farm's domestic animal exclusion.
In the P&C space, studies conducted by I.I.I. foundthat insurance fraud comprises about 10% oflosses and loss adjustment expenses annually,equating to about $34 billion each year.
Workers’ compensation insurance fraud alone isestimated to cost insurers and employers $6 bil-lion per year, according to the Coalition AgainstInsurance Fraud (CAIF).
Due to the sheer size of the insurance industry andthe volume of claims, preventing losses from fraudentirely is impossible, so it’s important that adjust-ers and agents know what signs to look for to detectfraud.
Discover 6 of the most common types of insurancefraud to look out for by visitingwww.propertycasualty360.com.
Gov. Kate Brown has Appointed Andrew Stolfias the DCBS Director
As director of DCBS, Stolfi will continue in hisrole as the state's insurance commissioner. He willalso oversee the Building Codes Division, Divisionof Financial Regulation, the Oregon Health Insur-ance Marketplace, Oregon OSHA, the Ombudsmanfor Injured Workers, Small Business Ombudsman,Workers’ Compensation Division, Workers’ Com-pensation Board, as well as the Central ServicesDivision.
— For more information, read the governor’s press releaseabout Stolfi’s appointment:
www.oregon.gov/newsroom/Pages/NewsDetail.aspx?newsid=36304
News from theDivision of Financial Regulation
www.facebook.com/OregonClaimsAdjusters
Thenell Law Group lawyers and staff arecommitted to your insurance-related legal needs.
With offices in Portland, Oregon and Seattle, Washington, the firm’s practice areasinclude First & Third-Party SIU, Bad-Faith Litigation, Insurance Coverage Disputes,
Construction Litigation, Products Liability, Personal Injury Defense, General Liability,Property, Fire & Casualty Claims, Directors and Officers Litigation, Errors and
Omissions Litigation, Cyber Litigation, Subrogation, and representation ofpolice officers and their associations.
Applying SIU roots and unique talents in a case by case approach, TLG not only advisesits clients about the law, but provides practical solutions they can utilize every day. TLG
goes the extra mile to give its clients the ability to make informed and educateddecisions, and to offer creative solutions to complicated legal problems.
Thenell Law Group provides you with options,solutions and a partnership for success.
- 14 -
OCAA — Apri l 2020OCAA — Apri l 2020 - 16 -
OCAA Meeting Minutes of March 10, 2020Past Presidents in attendance were Mike Meadows and Judy Daufel. Guest was Lin Johnson of Tech Experts.
Treasurer’s Report: $7232.59 in General Fund; $3163.00 in Scholarship Fund.
Committee Reports:
Bowling event wrap up, we had a good turn out.
Golf: Shoot Out at Stone Creek Corral on Friday, August 14, 8am shot gun start at Stone Creek Golf Course, Oregon City.
New Business:
Scholarship recipient announced; $1000 for Mackenzie Kay Striffler, Texas State University, San Marcos, TX Fall 2020.
Tressa Gobet has agreed to accept the position of OCAA Treasurer effective May 31, 2020.
Speaker: Presentation is “The Only Constant is Change: Recent updates to Oregon Law and what to watch this legislative session”with Kirsten Curtis of Thenell Law Group PC.
Member Drawing: $150, no winner. Crying corner: Steve Olson, Farmers; Nancy Greenidge, Norcross; Don Holland, Sublimity;Bunny Ferrari, Assured Partners; and Danny Fleming, Norcross.
Raffle Winner: Lin Johnson of Tech Experts.
Respectfully submitted by Judy Daufel, Treasurer.
Send your completed application, along with your check payable to:OCAA — PO Box 87, Dexter, OR 97431
Application is: (Check one) Renewal ______ New ______ Change ______ Referred by ______________________Applicant is: (Check one) Active Member Associate Member —
You qualify for membership if you are an You qualify for this type of membership if you are any person employed by an insuranceActive Claims Adjuster (all lines) or company or self-insured entity engaged as ACTIVE SUPPORT STAFF in the adjusting ofa Claims Supervisor Insurance Claims; or if you are an Attorney, Private Investigator, Fire Origin & Cause
Expert, Forensic Engineer, Forensic Accountant, whose work involves insurance defense
Honorary Member — OCAA Past President Retired Retired — Any Claims Adjuster or Supervisor retiring while an Active Member
If you do not qualify for membership in the OCAA, please visit the OCAA website at www.oregoncasualtyadjusters.org,click on the Vendor Partner page then click on "Advertise with Us" for information on how to become a Vendor Partner.
Name__________________________________________ Job Title_______________________________________
Company______________________________________ Property Casualty Auto Work Comp Other
Address____________________________________ City____________________ State_____ Zip________________
Work Telephone __________________x______ Email_________________________________________________Newsletter and other OCAA communications will be sent to this email address
OCAA ANNUAL MEMBERSHIP APPLICATION FOR 2019-20 AUGUST 1, 2019 TO JULY 31, 2020
NEW MEMBERSHIP AND RENEWALS$30.00
OREGON CLAIMS ADJUSTERS association
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