central coast claims association news network - february 2014
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www.CentralCoastClaims.org
A Professional Insurance Claims Organization
February 2014Volume XXII • Number II
Central Coast ClaimsAssociation News Network
Insuring The Insurer
Celebrating 20 Years with the CCCA!
As We Move Back To
Scott’s SeafoodDowntown San Jose
ThursdayFebruary 20, 2014
185 Park Ave, San Jose, CA
Join The CCCA in welcoming guest speaker
Great Start For 2014 CCCA!
We had a great turnout for our first meeting of 2014! Our Annual Legal Update was presented by Christine Reed and Karen Moore of the Low Ball & Lynch law firm. My thanks to Christine Reed and Karen Moore for their excellent presentation of 9 Significant California Tort Cases in 2013, which ran the gamut from Bystander Recovery of Emotional Distress; Primary As-sumption of Risk; One Year Statute of Limitations then
onto Determination of Non-Economic Damages & Future Medical; Civil Liability for Providing Alcohol to a Third Party; Duty of Care – Vendor’s Duty to Third Par-ties; the “Going and Coming” Rule (2 cases); and Employer’s Liability. Wonderful presentation, Christine and Karen! Thanks, also, to Rob Meyers, CCCA Board Member and Speakers Chair!
I would also like to thank Elizabeth Clar with Abatix for not only volunteer-ing to sell Raffle Tickets at the Luncheon meeting, but also volunteering to become Membership Chair on the CCCA Board! Thank you, Elizabeth!
We still have 3 positions open on the Board of Directors if you would like to get more involved:
Charitable Foundations Chairperson; 2) 2014 CCCA Annual Golf Tournament Chair; and 3) 2014 CCCA Bowling Tournament Chair for Angel Flight West. Feel free to contact me at [email protected] or call me at 925-808-8238 with any questions!
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! More information will surely follow! This is going to be a GREAT Day!
Announcement: The CCCA Board of Directors recently voted to change the membership rules for adjusters. Both Independent and Insurance Carrier adjuster Membership is free (adjusters can make a donation to our Charitable Foundations Committee and it would be most welcomed and appreciated, but not required). There will be NO CHARGE for adjuster lunches at our monthly meetings.
Reminder: 2014 Membership Dues are now due! Individual Associate Membership is $75 and Corporate Memberships are $150. Individual Associate
February message from 2014 CCCA President JoAnn Dean
Esteban T. Pauli, P.E.Pauli Engineering, Inc.
- please see page 5
continued back page
Water Damage Cause and Origin Investigation
AND
Long Term vs. Recent Water Damage Evaluation
2 Central Coast Claims Association News Network • February 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 Association News Network • February 2014 3
Inside this issue
FebruAry 2014 VolumE XXII . NumbEr II
Insuring The Insurer
www.CentralCoastClaims.org
February President’s message
2014 CCCA Officers & Board of Directors
CCCA Upcoming Events
Reed & Moore Present Case Law Review at January CCCA Luncheon
Water Damage Cause & Origin Investigations at February 20, 2014 CCCA
C.C.C.A.N.N. Services Directory
A.N.N. Job Connection
Join CCCA Online Now
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5
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2014Luncheon Meetings the THIRD THURSDAY of Each Month, at:Scott’s Seafood Bistro 185 Park Avenue, Downtown San Jose
Calendar of Events
Thursday, February 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.
Thursday, March 20, 2014 - Luncheon Meeting
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
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Reed & Moore Legal Review Kicks-Off CCCA 2014
Christine Reed, a partner at the Monterey Office Low Ball & Lynch, and her Associate, Karen Moore, gave a great tag-team presenta-tion at the Central Coast Claims Association Luncheon on January 16. They presented a case-law review, featuring eight Significant California Tort Cases from 2013.
The crowd was clearly very impressed with the clear language and interesting pre-sentation of these Claims related matters.
One fascinating case, Fortman vs For-valtningsbolaget Insulan AB 212 Cal. App 4th 83 (2013) involved a brother and sister Scuba Diving off Catalina Island. The sister saw her brother had stopped breathing and thought he had a heart attack while diving. Bystander recovery for emotional distress was barred because the sister was unaware that the defendant's defective scuba diving product caused her brother's death.
Turns out the equipment claim by by-stander in liability court ruled you must be present and be aware. She therefore lost.
Another interesting case involved the "Going and Coming Rule": Halliburton En-ergy Services, Inc. vs Department of Trans-portation, et al 220 Cal. App 4th 87 (2013).
A man who had been working on an Oil Rigger off the coast of California drove 150 miles inland to meet his wife. He had an
By Lynna Harrison, Association News Network, Inc.Photos by Lynna Harrison
accident on the way home. His employer was not found liable because he was not acting in course and the scope of doing his job.
Central Coast will be moving back to Scott's Seafood Restaurant, 185 Park Ave., San Jose on February 20th. Always the third Thursday.
Please join us.
CCCA Speaker Chair, Rob Meyers, thanked January guest speakers Christine Reed and Karen Moore, of Low Ball & Lynch.
CCCA President JoAnn Dean and Speaker Committee Chair Rob Meyers.
Associate Karen Moore teamed up with Low Ball & Lynch Monterey office Partner Christine Reed for their Case Law Review.
CCCA member & CCNC Exhibitor CoChair, Lisa Winn, and CCCA Treasurer & CCNC Casino Night Chair Shelly Lefore.
Congratulations to January 50/50 Raffle
winner, CCCA member Bob Hampson,
Ind. Adjuster, with Hampson &
Associates.
Central Coast Claims Association News Network • February 2014 5
At We Move 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],orcall510-896-9065 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
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ThursdayFebruary 20, 2014
Join The CCCA in welcoming guest speakerWater Damage Cause and Origin Investigation
AND
Long Term vs. Recent Water Damage Evaluation
Esteban T. Pauli, PEPauli engineering, Inc.
By popular demand, the CCCA is returning to Scott’s Seafood Bistro in downtown San Jose for monthly luncheon meetings. True to tradition, meetings will continue to be held the third Thursday of each month, except for: June (Golf Tournament); August (CCNC); and October (Bowling Tourney).
Please plan now to attend the next luncheon, Thursday, February 20, 2014, as we welcome guest speaker Esteban T. Pauli, P.E., of Pauli Engineering, Inc. Mr. Pauli will address Water Damage Cause &
Origin Investigations and Long Term vs. Recent Water Damage Evaluation.Esteban Pauli was born in Argentina, where he completed his Masters
in Civil Engineering in 1980. He worked in the family’s Construction Company until 1990 when he migrated to California with his wife and four children. They settled in Fresno, where he worked for Kellner Industries, a truss and panelized wall system company.
In October 1994, after completing all the State Board requirements, he obtained his California professional license and started a private consulting firm, Pauli Engineering Inc, providing civil and structural engineering services to Architects and private clients. Through the years, the firm has developed into a full design Architecture and Engineering firm, serving also the Government sector.
In December 1999, Pauli Engineering joined a national association of over sixty engineering firms that provide services to the insurance industry. Investigative Engineers Association (I-Eng-A), based in Florida, provides intense peer training and access to a wide database of claim investigations. Pauli Engineering joined as I-Eng-A of Fresno-Bakersfield and covered Fresno, Madera, Kings, Tulare and Kern counties.
In December 2013, after fourteen years of successful investigative work for multiple insurance companies, Pauli Engineering expanded its forensic Division to Mariposa, Merced, Santa Cruz, San Benito, Monterey and San Mateo counties; changing the name to I-Eng-A of Central California.
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].
Water Damage Cause and Origin Investigation
andLong Term vs. Recent Water
Damage Evaluation
185 Park Ave, San Jose, CA
6 Central Coast Claims Association News Network • February 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) 651-7702PAuL DAVIS reSTOrATION OF SILICON VALLey 1055 Pecten Ct. 800-954-FIRE • (408) 510-5300Milpitas, CA 95035 Fax (408) 942-1307reSTOrATION MANAGeMeNT COMPANy Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112 [email protected]
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: 408-612-1961PAuL DAVIS reSTOrATION OF SILICON VALLey 1055 Pecten Ct. 800-954-FIRE • (408) 510-5300Milpitas, CA 95035 Fax (408) 942-1307WALTer 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) 726-0340
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.
P.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 [email protected]
FIre INVeSTIGATOrSFIre CAuSe ANALySIS - ulises Castellon, CPCuThroughout California, Arizona (800) 726-5939 • Fax: (510) 649-3099Nevada, Oregon, N. Dakota & Minnesota [email protected] 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] DAVIS reSTOrATION OF SILICON VALLey 1055 Pecten Ct. 800-954-FIRE • (408) 510-5300Milpitas, CA 95035 Fax (408) 942-1307reSTOrATION MANAGeMeNT COMPANy Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112 [email protected] OF SAN MATeO/S. SAN FrANCISCO - David Decker439 Eccles Ave. [email protected] • (415) 584-6100S. San Francisco, CA 94080 Fax (650) 873-6334
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Central Coast Claims Association News Network • February 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.
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February 2014 Volume XXII • Number II
CenTral CoasT ClaIms as s o C I aT I o n
invite your associateswww.CentralCoastClaims.org
Joann dean 2014 CCCa PresidentContinued from page 1
Members only cover the individual member. Corporate Membership cover an unlimited number of people within that one company. Dues can be paid online via our CCCA website at www.centralcoastclaims.org.
MORE CHANGES: I am very pleased to report that CCCA will now be going back to Scott’s Seafood, 185 Park Avenue, San Jose for the balance of 2014! Many of our members had requested we move back to Scotts and we were happy Scott’s could accommodate us!
I am very pleased to announce our February 20th speaker will be Esteban Pauli, P.E. and Owner of Pauli Engineering, Inc. in Fresno. Esteban will be speaking on “Water Damage Cause & Origin Investigations” and Long Term vs. Recent Water Damage Evaluation. This should be a very interesting presentation!
Make sure to RSVP “before” the luncheon through our Evite Invitation. Reservations 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 ad-dress added to the Evite list. You can also go online to our CCCA Website at: www.centralcoastclaims.org to register and pay for your lunch reservation via PayPal.
I look forward to seeing everyone at our February 20th meeting at Scott’s Seafood in San Jose!
Respectfully,
JoAnn Dean2014 PresidentCentral Coast Claims AssociationCell: 925-808-8238 • Email: [email protected]
Water Damage Cause and Origin InvestigationAnd a look at Long Term vs. Recent Water Damage Evaluation
Join Or Renew Your Membership
for 2014 Online!
www.CentralCoastClaims.org
Thursday, February 20, 2014Join The CCCA in welcoming guest speaker
Esteban T. Pauli, P.E.Pauli Engineering, Inc.
As We Move Back To
Scott’s Seafood185 Park Ave., Downtown San Jose