BULLETIN Nat ional Associat ion of Publ ic Insurance Adjusters W i n t e r 2 0 1 4

President’s Message

Art Jansen, SPPA Jansen Interna-tional, LLC

Let me begin by thanking every-one for their timely response to the recent membership dues assessment. In December, the board of directors approved an assessment of all public adjuster member firms to help pay for necessary legal and legislative activities undertaken by the association. This money has been used to cover initiatives in numerous states as well as our proactive work with the NAIC.

We recently renewed our agree-ment with our NAIC lobbyist, Greg Serio of Park Strategies LLC (and former Superintendent of the New York State Department of Financial Services). With Greg’s help we have been successful in building a productive relationship with the NAIC as well as with many state insurance commissioners, legislators and regulators. It is our goal to be more engaged in the process upfront instead of just reacting when matters involving the public adjusting profession occur. We believe that serving as an established resource to policymakers and regulators will lead to a better understanding of what public adjusters do and the critical role they play in the first party property insurance claims community.

Along these lines, the NAPIA Long Range Planning Committee

will meet in a few weeks to look at the goals and objectives of the association and to formulate plans for the future. You are welcome to submit your suggestions for the committee’s consideration. Several association events will take place in the near future, in-cluding the March 28, 2014 FPCC West Insurance Seminar in Marina del Rey, California and the June 18-21, 2014 Annual Meeting at Nemacolin Woodlands Resort in Farmington, Pennsylvania. Details are posted on the NAPIA website. Both programs offer continuing education and networking oppor-tunities. I encourage you to support these events with your attendance.

Adjusters at last year’s FPCC West earned six continuing education credits

SIGN UP FOR FPCC WEST

INSURANCE SEMINAR FPCC West (formerly the NAPIA /CAPIA Insurance Seminar) takes place March 28, 2014 at Hotel MdR in Marina del Rey (Los Angeles), California. Attendees will earn six continuing education (CE) credits for the day (including one ethics credit for California). As of this writing, nearly 18 state insurance

departments have approved the program for CE credit (added to the list of states for CE credit at this year’s seminar is Colorado). Speakers and topics are:

“Technology for Adjusters at Loss Sites and in the Office,” Robert Toth, IAAI-CFI, IRIS Fire Investigations

“Professional Ethics – Eligibility and Limitations in the Claims Process,” Glenn Rosen, Esq., The Rosen Law Firm APC

“Managing Errors and Omissions Exposure for Public Adjusters,” Frank Costa, CIC, CRM, Frenkel & Company

“The Evolving Challenges of Actual Cash Value,” Randy Goodman, SPPA, The Goodman Gable Gould Company / AI

To receive CE credit, registrants must attend the entire program. Additionally, adjusters will need their license information for each state in which they are seeking credit (applicable states are CA, CO, FL, GA, IA, MA, MT, NH, NJ, NY, NC, OK, PA, VA, TN, TX, UT & WY). Attorneys will receive an approved application packet to submit for CLE credit. Registration opens at 7:15 am on March 28. The program begins at 8:00 am and concludes at approximately 3:20 pm. Reg-istration includes breakfast (sponsored by the Merlin Law Group), lunch, refreshment breaks and all handouts. All adjusters, attorneys and other

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Insurance Seminar from page 1

insurance professionals are welcome to attend.

Hotel MdR is located about six miles from the Los Angeles International Airport (LAX). For room reservations call the hotel at (855) 610-8733 and ask for the NAPIA/CAPIA group rate of $159 single/double. A first night’s deposit is required. The cut-off date for guaranteed room reservations is March 6, 2014.

Click here for more seminar details. You can also contact NAPIA at 703-433-9217 or info@napia.com. To register online, click here.

To promote your products or services to attending first party property insurance claims professionals, click here for information on seminar exhibitor and sponsor opportunities.

FUTURE MEETINGS SITES & DATES

FPCC West Insurance Seminar Hotel MdR Marina del Rey, CA March 28, 2014

2014 Annual Meeting Nemacolin Woodlands Resort Farmington, PA June 18-21, 2014

2014 First Party Claims Conference Crowne Plaza Hotel Warwick, RI October 20-22, 2014 www.firstpartyclaims.com

2014/15 Mid-Year Meeting Loews Portofino Hotel at Universal Orlando, FL January 15-17, 2015

2016 Annual Meeting Montage Laguna Beach Laguna Beach, CA June 15-18, 2016

FPCC 2014 PLANNING IS NOW UNDERWAY!

The First Party Claims Conference (FPCC) returns to the Crowne Plaza Hotel in Warwick, RI over the dates of October 20-22, 2014. The property, which is located ten minutes from T.F. Green Airport, has provided good service, low room rates and other advantages that make FPCC one of the most

FPCC 2013 sessions were well attended

enjoyable and affordable educa-tional events of its kind.

The FPCC Planning Committee has prepared a list of over forty topics for this year’s conference and is accepting requests from adjusters, attorneys, engineers, contractors and other insurance industry experts to speak on one or more of the proposed subjects.

The two and one-half day confer-ence has one, three-hour break-out track (with three seminars to choose from) on the first day, and nine one-hour breakout tracks (each with three seminars to choose from) over the next two days. Speakers will be featured at breakfast every morning and the keynote speaker will present during the first luncheon. In total, the conference provides up to fifteen CE credits to attendees.

The revised schedule reduces the overall conference time to let all participants, including exhibitors, to depart earlier on the final day.

FPCC 2014 details will be posted soon on www.firstpartyclaims.com.

OFFICERS

PRESIDENT Art Jansen, Jr., SPPA

FIRST VICE PRESIDENT Karl Denison, CPPA

SECOND VICE PRESIDENT R. Scott deLuise, SPPA

THIRD VICE PRESIDENT Diane Swerling, SPPA

FOURTH VICE PRESIDENT Jeff Gould, CPA

TREASURER Damon Faunce

SECRETARY Greg Raab

DIRECTORS

Ray Altieri, Jr., CPPA

Matthew Blumkin

Kim Cary, CPPA

Charles Dale, SPPA

Steven Gutenplan

Robert Joslin, CPPA

Jack Kunz, SPPA

Jeff O’Connor, SPPA

Jodie Papa

Ron Reitz, CPPA

Anita Taff

Ed Williamson

COUNSEL

Brian Goodman, Esq. 901 Dulaney Valley Rd., Suite 400

Towson, MD 21204 P 410-938-8800 F 410-321-7044

bgoodman@pklegal.com

EXECUTIVE DIRECTOR

David Barrack 21165 Whitfield Place, #105

Potomac Falls, VA 20165 P 703-433-9217 F 703-433-0369 info@napia.com www.napia.com

STAFF

Richelle Kelly Director of Membership

& Events

Enid Palazzolo Director of Accounting Services

MANAGEMENT FIRM

Barrack Association Management Potomac Falls, VA

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NEW YORK LAW REQUIRES DISCLOSURE OF RELATION-SHIPS AND REFERRAL FEES BETWEEN ADJUSTERS AND CONTRACTORS

(Reprinted in part from a January 6, 2014 NYPAA press release) New York State Governor Andrew Cuomo recently signed into law legislation which promises to help consumers when hiring public ad-justers and contractors in the event of a fire, flood or other catastrophe. The law provides additional protec-tions for consumers.

“As a result of a series of com-plaints filed against one organiza-tion that was operating as both public adjuster and contractor re-ferring business from one to the other without making disclosure to the consumer and creating a conflict of interest, the New York Public Adjusters Association, work-ing with Senator Jeff Klein, the Governor’s office and the Depart-ment of Financial Services, drafted legislation to prevent further abuses” said NYPAA Executive Director Jonathan Wilkofsky.

“The new law, championed by the public adjusters industry, is design-ed to require disclosure of any relationships or referral fees be-tween adjusters and contractors to avoid any inappropriate conflicts of interest. This law will protect consumers from conflicts of interests that could arise if an unscrupulous adjuster conspires with a contractor they control to take advantage of a fire victim by unfairly profiting from the loss while doing substandard repairs” stated Wilkofsky.

“The Bill, which was signed by the Governor before Christmas and became effective in January, is evidence of how consumers bene-fit when an industry works with the legislature and the regulators to better protect consumers. Most public adjusters in New York are

well trained professionals who are experts in claim presentation, issues of coverage and construc-tion. This action was motivated by the activities of just one corrupt adjuster, but this new law will pro-tect insurance consumers from any repetition” said Wilkofsky. The New York Public Adjusters Association, which represents al-most 170 public adjusters in New York State, has been committed for decades to helping protect the rights of insurance consumers from insurance companies and unscrupulous practices.

MEMBERS SAVE WITH THE NAPIA ERRORS & OMISSIONS INSURANCE PROGRAM

Are you in the market for errors and omissions liability insurance? Since NAPIA launched its errors and omissions insurance program a few months ago, a number of member firms have signed up to

receive broader coverage at sub-stantial savings (one firm saved nearly $50,000!).

This exclusive program, available through CNA, is a package policy providing flexibility and key bene-fits – all at a reduced rates (see ad on page 8). Highlights include:

● Professional Liability

● Network Security & Privacy

Liability

● Directors & Officers Liability

● Employment Practices Liability

● Fiduciary Liability

● Crime (employee theft)

For more information and to receive an application, contact Frank Costa, CIC, CRM at:

Frenkel & Company 601 Plaza 3, 6th Floor Harborside Financial Center Jersey City NJ, 07311 Tel: 201-356-0075 Cell: 201-918-0227 Fax: 201-536-4777 Email: fcosta@frenkel.com

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NAPIA SUPPORTS ENFORCEMENT EFFORT REGARDING FRAUDULENT INSURANCE CLAIMS

(The following press release was issued by NAPIA on February 10, 2014)

NAPIA and its members support the recent action taken by Florida authorities to address allegations of fraudulent insurance claims.

Following an investigation known as “Operation Flames and Floods,” the Florida Department of Finan-cial Services announced that twenty-two individuals have been arrested for allegedly filing fraud-ulent insurance claims. Two of the individuals involved are public adjusters who are not NAPIA members. All others are home-owners and contractors.

“If these charges are true, there is no justification for such activity, none, zero” says NAPIA Presi-dent Art Jansen, SPPA. “NAPIA is devoted to the ethical practice of public adjusting. We require our members to adhere to a strict code of conduct and ethical behavior.”

NAPIA works closely with many State Insurance Departments as well as the National Association of Insurance Commissioners to address public adjuster matters such as licensing, education and professionalism. The associa-tion’s partnership with these entities has served to educate many and advance the cause of public adjusting throughout the nation – benefiting policyholders, insurers and adjusters alike.

Founded in 1951, the National Association of Public Insurance Adjusters promotes state licensing, professional education, certifica-tion and a standard of conduct and ethics. The association’s 750 plus members are committed to serving in the best interest of their client – the policyholder.

FPCC PRESENTERS WANTED

Do you consider yourself to be a leader in the first party property insurance claims adjusting arena? Or maybe you have a product or service to promote. If so, share your expertise with public adjusters, attorneys and others in the claims handling profession by presenting at FPCC 2014 in October. Select one or more topics from the list of prospective subjects (click here to view the preliminary list), then submit your choices to FPCC at info@firstpartyclaims.com.

DONATE TO NAPIA CHARITABLE FUNDS

Named after William Goodman, the first president and founding father of NAPIA, the Will Good-man Foundation was created to serve as a resource for education and training of public insurance adjusters.

The Paul Cordish Memorial Foundation was established in memory of NAPIA Executive Director and Counsel, Paul L. Cordish, Esq. Each year the Foundation funds an award for students at the University of Maryland School of Law who successfully compete in a writing competition on a topic focusing on public insurance adjusting.

Contributions made to either fund in the name of a loved one or colleague will be acknowledged with a letter to the deceased’s family. Donations are tax deduc-tible and are restricted for use as noted above. Checks are payable to the Will Goodman Foundation or the Paul Cordish Memorial Foundation and can be mailed to:

NAPIA 21165 Whitfield Place, #105

Potomac Falls, VA 20165

To make a donation by credit card, contact NAPIA at 703-433-9217 or info@napia.com.

NEW & PENDING MEMBERS

NAPIA welcomes the following new Public Adjuster and Affiliate member firms and individuals:

New Public Adjuster Members

Claims Strategies Group Ft. Lauderdale, FL (R) Cesar Marin Liberty Public Adjusters Mt. Laurel, NJ (R) Anthony Lawler (R) Michael Wrigley Linder Baker Adjusting, LLC Buffalo, MN (R) Kevin Baker (R) David Linder Sovereign Adjustments East, LLC Brooklyn, NY (R) Scott Modlin Public Adjuster Applicants

Alan Jacoby Public Adjuster Seaford, NY (R) Alan Jacoby Counter Point Public Adjusting Azusa, CA (R) Gary Baca (A) Edvard Yagubyan Steven J. Larena, Public Insurance Adjuster Blairstown, NJ (R) Steven Larena U.S. Insurance Appraisal Service Grand Prairie, TX (R) Marshall McMahon New Affiliate Members

Scott Green, Esq. Childress Duffy Goldblatt, Ltd. Chicago, IL Bruce Smith, CPA Bruce D. Smith, CPA-Forensic and Investigative Accounting Coral Springs, FL

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NAPIA NOTES PASSING OF MEMBER SCOTT DAVIDSON Scott Stephens Davidson passed away at his home in Dallas, Texas on February 10th after a long term illness. He began his career as a public adjuster in his home state of Texas. After moves to St. Louis and Denver, Scott became a part-ner to Pat Bickford of Adjusters International Colorado, Inc., where he managed the firm’s Texas operation for over 20 years. He was a proud member of NAPIA and the Texas Association of Public Insurance Adjusters.

HEALTH INSURANCE ADDED TO MEMBER BENEFITS NAPIA has teamed up with Broker-age Consulting, a national benefits group, to offer a health plan that rewards for good claims experience with premium refunds up to 26% annually. This group works with the same brokerage that is pro-viding NAPIA’s new errors and omissions insurance program. In light of potential price increases and adverse coverage changes as a result of the Affordable Care Act (ACA), it may be beneficial to contact Brokerage Consulting to obtain a quote from Starmark Healthy Incentives. Starmark is the small group insurance arm of Trustmark Insurance, a major insurer. (Please note: coverage may not be available in all states, and five or more employees is required to be considered). If you have five or more indivi-duals at your firm with a good health history and would like to know more about the NAPIA health insurance program that provides competitive pricing and coverage as well as annual premium refunds for good claims experience, call or e-mail Ken Orenstein at 888-315-3608 or brokerageconsulting@comcast.net.

COUNSEL’S CORNER

Brian S. Goodman, Esq.

As we embark upon a new year, most state legislatures are con-vening, and some are taking up issues impacting the public adjusting profession.

Illinois is considering a Bill to regulate fees, as is New Jersey. Kansas may finally address the inconsistency in its licensing statute between commercial and residential claims. Maryland has introduced a statute proposal which will clear up any confusion regarding the ethics of referral payments. We are also very close to passage of a new, improved licensing Bill in Georgia, based in large part on the NAIC Model Act. This has been a three year effort, and should improve the workings of public adjusters in that State.

Our association is also enjoying a credible and increased presence in various states and within the NAIC. We have representatives who sit on an advisory committee in Texas, and we recently testified before a large and influential NAIC committee regarding the problem of storm chasers and the unauthor-ized practice of public adjusting. We are finding that, through par-ticipation by our officers at the NAIC level, as well as the presence of Greg Serio and me, it is now not unusual for state insurance regu-lators to call us when a problem comes up. Rather than unilateral and inconsistent directives, we are now often consulted first on issues regarding public adjusting, especially in catastrophe situations.

Efforts at the NAIC level will con-tinue and should pay dividends as we proceed. Please remember to advise NAPIA if issues arise in your state. Early detection and fast action are vital to our success.

Nemacolin Woodlands Resort

MARK YOUR CALENDAR FOR THE JUNE 18-21, 2014 NAPIA ANNUAL MEETING AT NEMA-COLIN WOODLANDS RESORT

Located in Southwestern Pennsyl-vania on 2,000 acres, Nemacolin Woodlands Resort features 318 luxurious guestrooms, including Falling Rock boutique hotel, a re-cipient of the Forbes Five-Star and AAA Five-Diamond awards (click here for a photo tour of the resort).

There is a lot to do at Nemacolin. In addition to the highly acclaimed Woodlands Spa, the resort has 36-holes of golf on two courses, a shooting range, swimming pools, equestrian center, wild animal habitat, eight lanes of bowling, a children’s facility and more.

Nemacolin also has an impres-sive collection of restaurants and lounges, including the Forbes Five-Star and AAA Five-Diamond Lautrec. There’s also a cigar bar and lounge in the hotel.

Lady Luck Casino Nemacolin is now situated on the property. It features 600 slot machines, 28 table games, and a casual dining restaurant and lounge.

For room reservations call (866) 344-6957 and ask for the NAPIA rate of $329. More details about the convention, including registra-tion information, will be available soon. In the meantime start making your plans to attend another great NAPIA Annual Meeting over the dates of June 18-21, 2014.

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NAPIA MID-YEAR MEETING SPONSORS & EXHIBITORS

NAPIA recognizes the following firms for their support:

Continental Machinery Company Dallas, TX

Doyle & Raizner, LLP Houston, TX

Merlin Law Group Tampa, FL

Sauro & Bergstrom, LLC Woodbury, MN

Wilkofsky, Friedman, Karel & Cummins New York, NY

SIGN UP FOR YOUR SENIOR PROFESSIONAL PUBLIC ADJUSTER DESIGNATION The Senior Professional Public Adjuster (SPPA) designation program can provide the specific technical knowledge you need for effective claim handling, leading to powerful results for you and your clients. In today’s increasingly competi-tive marketplace, you can be distinguished as a highly skilled professional, possessing the competence and relevant know-ledge necessary to succeed as a qualified public adjuster. For more details about the pro-gram established by NAPIA and now newly revised and admini-stered by The Institutes, visit www.TheInstitutes.org/SPPA.

PROMOTE YOUR PRODUCTS & SERVICES IN THE BULLETIN

The "NAPIA Bulletin" is the association's official newsletter and it is published on a quarterly basis. The Bulletin contains general association and insurance industry news as well as cases of interest to first party property insurance professionals. Each issue reaches over 800 members, prospective members and other insurance industry practitioners, including owners and managers who make purchasing decisions. Current and past copies of the Bulletin are also posted on the NAPIA website under the News & Events tab, where they are seen by an even larger audience. Ad-vertisers can choose from among a variety of ad sizes and frequen-cies to meet their needs. Click here for an advertising order form and rate sheet. For more in-formation contact NAPIA at 703-433-9217 or info@napia.com.

LOOKING BACK AT THE 2013 NAPIA MID-YEAR MEETING

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