jonathan k. klopman nams-cms iami-cmi sr. marine surveyor ace recreational marine claims...
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Advanced Claims Investigations
Jonathan K. Klopman NAMS-CMS IAMI-CMISr. Marine SurveyorACE Recreational Marine [email protected]
Written and Photographic Expert Reports
IBEX 2015Louisville, KYSession 305
Daniel K. Rutherford President, IAMI-CMI, LPI
Principal Surveyor/InvestigatorOcean Marine Specialties, Inc.
Session 305 DescriptionOne of the oft-mentioned goals of a good technical report is that you should expect that your work will be distributed to everyone, including people who may seek to tear it down. Can your reports stand up to the scrutiny of cross-examination? What does that really mean and how can you write and photograph to satisfy that standard during discovery?Today, reports must have striking and convincing illustration in addition to a well-written narrative. In some cases, a compelling photo report in and of itself might tell the whole story and close the case.This presentation will cover nuts-and-bolts techniques for writing and photographing difficult subject matter. We’ll also spend time discussing the organization and presentation of photos in a cogent manner. How do you balance detail and resolution with easy transfer of large amounts of data? All of it is important information if you want your client not only to understand but also to visualize what you are driving at.
Perfunctory Corporate DisclaimerThe information disseminated in this presentation is not intended to provide legal or other expert advice as to any of the subjects mentioned, but rather is presented for general information only. Any materials, descriptions, images or discussions arising out of the materials contained herein solely represent the thoughts and opinions of the presenters and shall not be attributable to prejudice, waive or otherwise forestall any legal right of ACE Private Risk Services, ACE USA, any of The ACE Group of Companies or Marine Claims & Technical Services, LLC. The materials and information contained herein is not intended to offer or provide any legal advice concerning the topics covered included but not limited to the professionalism or ethics of a marine surveyor.
Ocean Marine Disclaimer
The information disseminated by me, is on behalf of me, and is by me, no one else. So… if you don’t like what I have to say, tough.
The Value of the Surveyor (or, why use them at all?)
What is the client looking for?What are they not looking for?
This is not a “survey”This is a “claims investigation”Sometimes a good surveyor is not a good claims person
Disciplines are differentSelf examination
Are we, as a professional group providing our clients with value?Essentially, how can we work to keep us from going the way of the dinosaurs (extinction).
Claims Department Structure (Team Approach)
Senior Management – responsible for overall direction of the claims department. Interphases with underwriting (ideally) and provides broad brush direction.Management – responsible for handling claims team personnel, large cases, problem files, coverage issues.Adjustor– responsible for day to day operations, claims handling, claims settlement (differing levels of authority), and most importantly assigning claims to outside vendors (you). Legal counsel – Responsible for handling litigation and or files with potential litigation and/or subrogation potential.
Team Approach to Claims
Stop thinking “client-surveyor” and start thinking team.
Does that mean you can’t be independent?No… that is why they hire you.They count on your independent, unbiased view, but…
You have been given a very important part in the band
You are the “front man”, the face of the bandDon’t play it solo. Use the band.Communication and harmony are the keys to success
The Assignment
Proper claims handling begins with the assignment
File setupInitial calls
Anticipate the needs of the claims handlerAnticipate the direction of the file
Develop your spider senses
Typical Litigation Digital File
Are you qualified?
Can your CV support your potential testimony in the case?Training?Education?Experience?Certifications?Legal authority?Conflict of Interest?Are you a public adjustor?
Types of Assignments – Same approach?
1st party Property Damage3rd Party Property DamageLiability/Casualty InvestigationLitigation Support
1st & 3rd Party Property Damage Claims
Initial contactInspection
Confirm vessel/machinery IDBasic vessel valuation (if not an agreed value policy)More detail on a 3rd party claim
Determine the Cause of LossDetermine the Nature/Extent of DamageDetermine the Repair CostsReporting Findings to the Client
Liability/Casualty Investigation
Official RecordsInspection/Joint InspectionDetermine Cause Determine Nature/Extent of DamageDetermine Percentages of Liability or ResponsibilityReport Findings
Verbal report v written report: if you’re not sure CALL
Litigation Support
QualificationsReviewing piles of previous testimonyAssignment could come years after the eventSometimes you are just support in the backgroundCan be super focused- you could be testifying on a small niche of a casePreparation of exhibits- you may have to make your point before 12 non boaters
Report Writing (including emails)All correspondence sent between you and your client (unless legal counsel) may be discoverable. ALL OF IT!Some companies routinely send your report to an insured in the case of a denialYour report is a tool to convey your findings and to present evidence- make sure it is:
SharpCleanTo the point
Report Writing
Write it as if you had to read itIf a reader needs to ask you what you meant- your report failedThe surveyor is not merely a “reporter”You should be open to input and always consider improvementIf there is a gaping hole in the report- call and ask for help
Report Writing “Thou Shalt Not...”
A ridiculously detailed assignmentAn interminable timelineBlow by blow “he said, she said” conversationsToothless disclaimersA detailed narrative description of the vesselUSPAP filler concerning valuationEquivocate RE cause (“likely, probably, could be, appears to, seems..”)
You are the expert. It “did” or “did not”!
The report should NOT have:
Report Writing “Thou Shalt Not...”
Just because it’s in your notes doesn’t mean it has to be in the report
.…Do NOT “paper” the reportDo not write a report thinking it’s your job to help the adjustor close their fileKnow the policy language- but do not use or apply the policy languageDon’t be a smarty pants
Report Writing “Thou Shall...”
A prominent, captioned section on Cause of LossMake a definitive statement RE CauseList findings in a clear, bulleted list (especially mechanical failures)Statements specifying why you cannot determine Cause (if pertinent)A concise, carefully worded Summary
The report Should have:
Report Writing Determining Cause
Use the Scientific approach when determining CauseYour theory should string together a logical sequence of failureA strong theory should be able to withstand a challengeConsider “Devil’s Advocate” exercisesIt can be just as important to state what could NOT have happened and why
Pricing
Surveyors should bill a professional rate….as long as they have done a professional jobIf you need to back out in the field to gather more information that you failed to get the first time – don’t think you should double bill the file
Questions and Mistakes
Everyone makes mistakesNo one ever faults you for asking questions or seeking guidance….they do tend to fault you for NOT asking questions and writing the report anyway
Photo Documentation
Photos are not simply to prove that you were there- they are there to support an argumentIt’s not enough to Say It- you must Show ItA good photo report can tell the whole story A solid photo report can be a valuable tool to review the findings with a client before the report is writtenA solid photo report may be enough for a client to determine coverage and issue an ROR
Photo Presentation Thou Shalt Not…
Do Not send a pile of low res images pinned to an emailDo Not drop low res images into an MS Word doc (to save file space)Do Not use more than two photos per pageDo Not supply a pile of “boilerplate” photographyDo Not send links to Drop BoxDo not send .Zip files
Thou Shalt Not…
Use an iPhone to document critical evidence!
Photos Thou Shall…
Prepare photos in a separate photo fileTake High resolution photos in camera, but convert the final document to a PDFPractice with PDF settings to get the best balance of file size/resolutionLearn to caption photos and use shapes to draw attention to salient points
Photos
Let the photos make your pointSample Outboard photo report samplephoto1.pdfSample rigging failure dismastingpix.pdf
Photo goals:
Forensic QualityProper exposureSharp detailHigh resolutionProper framingDetail photos should be in context- use “Establishing” shots
Establish “Place”
Use multiple sources to record conditions and establish “place” if necessary place.docxwww.wunderground.com weather archivesNOAA buoy data http://www.ndbc.noaa.gov/ NOAA charts http://www.nauticalcharts.noaa.gov/mcd/NOAAChartViewer.htmlTides / Eldridge chart book (current)
Challenging photo situations
Close focusGelcoat stress cracksHIN Numbers and serial number platesPolished machine partsLow lit sheds (boat in a cave syndrome)Fractured metal / torn fiberglass
Extra creditUse exemplar photos from the webLearn to use the Microsoft “snipping” toolSketching / diagrams
Google Earth Diagrams
Thank You!
Jonathan K. Klopman NAMS-CMS IAMI-CMISr. Marine SurveyorACE Recreational Marine [email protected]
Daniel K. Rutherford President, IAMI-CMI, LPI
Principal Surveyor/InvestigatorOcean Marine Specialties, Inc.
Photo Problem: Focus
Problem: The camera “hunts” for focusGive the camera a high contrast subjectIf your intended subject is monochrome (gelcoat)- introduce contrast
Photo Problems: Focus
Problem: If your subject is smaller than the background overall- the camera may focus on the backgroundFrame closer, or give the camera a high contrast subject
Photo problems: Gelcoat
Problem: Shooting all white (or all black) subjects results in lack of detailYour camera exposes for a medium tone- grayUse exposure compensation to adjust exposureTry to photograph the boat in the shade (or wait for the sun to change position)
Photo problems: Gelcoat
Problem: Recording fine texture in a paint or gelcoat surface can be difficultChoose the angle at which to shoot the defect so you place the defect in a reflection-The ripples/distortion in the reflection are what make the defect stand out
Photo problems: Exposure
Problem: Shooting a boat in a large, dark shedThe flash hits the boat, reflects back to the camera and shuts off; leaving the rest of the picture blackSwitch the camera to manual exposure and slow down the shutter speed (start at 1/20)
Photo problem: Macro
Problem: The flash over exposes the subject in close up shotsCompact cameras have short “working distance”Switch to an SLR/mirrorless with a true macro lens or….Learn how to use a slave flash
Photo problem: Macro
Problem: Fracture surfaces are overexposedLearn how to use remote flash to knock down reflections and increase “modelling”Use white cards to bounce reflected light back to the subjectConsider building a “redneck softbox”