WIND CERTIFIED SEMINAR

July 31, 2019 WINDSTORM INSURANCE NETWORK

NOVA SOUTHEASTERN UNIVERSITY

FORT LAUDERDALE, FL

WIND UMPIRE CERTIFICATION ®

WIND APPRAISER CERTIFICATION ®

TABLE OF CONTENTS

1. Faculty

2. Ethical Rules for Umpires in Insurance Appraisals

3. The Code of Ethics for Appraisers in Insurance Appraisals

4. Memorandum of Appraisal

5. Declaration of Appraisers - Selection of Umpire

6. Qualification of Umpire

7. Award

FACULTY

WIND Umpire Certification

Janet L. Brown, Esquire

Jon Doan

Claims Consultants Group

Wayne D. Taylor, Esquire

Mozley, Finlayson & Loggins, LLP

John A. Voelpel, III, CPCU, AIC

Voelpel Claim Service, Inc.

FACULTY

WIND Appraiser Certification

Janet Brown, Esquire

Jon Doan

Claims Consultants Group

Peter Kapas

Onsite Claims Service

Wayne Taylor, Esquire

Mozely, Finlayson & Loggins, LLP

John A. Voelpel, III, CPCU, AIC

Voelpel Claim Service, Inc.

FACULTY

Janet L. Brown, Esquire

BOEHM BROWN HARWOOD, P.A.

ATTORNEYS AT LAW

JANET L. BROWN is a partner with the firm BOEHM BROWN HARWOOD, P.A. in

Orlando, Florida, where she concentrates her practice in the areas of insurance coverage disputes,

property cases (including arson or fraud issues, construction litigation and environmental

matters), health/life claims and bad faith litigation.

Ms. Brown has authored numerous articles and lectured extensively on insurance

coverage issues, including serving as a panelist at the Property Loss Managers Conferences,

participating as a faculty member at the National Forum for Property Loss Professionals

sponsored by the Loss Executives Association, and at various other educational meetings.

She attended Cottey College for Women (A.A. 1971); Marietta College (B.A. 1973);

Marshall-Wythe School of Law, College of William & Mary (J.D. 1976). She was admitted to

the Florida Bar in 1977. She has also earned the CPCU designation and is a Board Certified

Civil Trial Lawyer. A member of the Florida Bar, Ms. Brown is admitted to the U.S. Supreme

Court, the Fifth and Eleventh Circuit Courts of Appeal, and all U.S. District Courts within the

State of Florida.

Ms. Brown is a member of the Florida Bar Association, (Trial Lawyers Section);

American Bar Association, Tort Trial & Insurance Practice Section (TTIPS) where she has

served as one of its representatives to the ABA House of Delegates and as a Council member.

Other professional activities include: Past President of the Florida Advisory Committee on

Arson Prevention (FACAP) (1982); member of the Federation of Defense and Corporate

Counsel (FDCC) (Vice President 2000-2003; Director 2003-2007; past chair Property Insurance

Section; Dean of Litigation Management College Graduate Program 2005-2007); member of the

International Association of Defense Counsel (IADC) (1986-2009); the Defense Research

Institute (DRI); Loss Executives Association (LEA); Past President for the Windstorm Insurance

Network, Inc. (2002-2003); and the American College of Coverage and Extra-contractual

Counsel.

A proponent of alternative dispute resolution under appropriate circumstances, she has

participated as an arbitrator in the federal court pilot arbitration program, and is also certified as

an arbitrator through the American Arbitration Association. She is also a Certified Circuit

Mediator. Ms. Brown is an approved Department of Financial Services mediator; and, is also

certified as a mediator and arbitrator by the United States District Court, Middle District of

Florida.

Ms. Brown has received numerous awards and honors including the Andrew C. Hecker

Memorial Award (TIPS/ABA 1997); the Cottey College Distinguished Alumnae Citation (1999);

the 2006 PLRB/LIRB Claims Conference Outstanding Presentations Award; the 2010 Inaugural

Presidential Recognition Award from the Windstorm Insurance Network. In 2014, Ms. Brown

was inducted as a Charter WIND Fellow.

CURRICULUM VITAE

Adjuster/Appraiser Umpire Jon W. Doan

Title: Partner, General Adjuster, Manager

Total Years Experience: 38 Years

Type of License: Public Adjuster / All-Lines

Professional Title or Designation

• Public Adjuster • General Adjuster

• Property Claims Director • Umpire

• Branch Manager • Appraiser

Areas of Expertise

• Commercial/Homeowners Property • Business Interruption

• Coverage Analysis • Appraiser/Umpire

• Excess Lines • All Risk

• Jewelers Block

Schools or Continuing Education:

• B.S. History/Pre-Law • Property Loss Managers Conference

• Basic, Intermediate & Advanced Property • FACAP Seminars

& Business Interruption Schools • Business Interruption Seminars

• Negotiation Seminars • Windstorm Network Presenter /

Director / First VP / President

Professional Memberships:

• Orlando Claims Association (Past) • Windstorm Network

• FAPIA • PLRB (Past)

Special Mention:

I have adjusted property claims ranging from basic homeowner’s losses to multi-million dollar commercial property claims. I managed the Property Claims department of a large Third Party Administrator for Certain Underwriters at Lloyd’s, London, and supervised over 30,000 catastrophe losses from Hurricane Charley, Frances, Jeanne, and Ivan. I am the First VP on the Board of Directors for the Windstorm Network, and regularly present at the Windstorm Conference in both Basic and Advanced Umpire Certification as well as the Inaugural and all ensuing Appraiser Certifications. I am heavily involved in the Appraisal Process in both an Appraiser (both Carrier and Insured) and primarily Umpire (to include Court Appointed) capacity.

Peter C. Kapas President / Onsite Claims Services

Education

Construction Management

Lawrence Institute of Technology

Professional Status

Onsite Claims Services

President / General Adjuster

Florida – Resident State Licensed Adjuster / All Lines

Professional Experience

Onsite Claims Services – 2000 to Present

Onsite Claims Services providing professional claims handling for the insurance industry.

Mr. Kapas has diversified experience, 18 years in all phases of disaster restoration,

construction, loss damage assessment and building valuations. Mr. Kapas has wide range

experience as a large loss specialist and appraiser, as well as an expert witness in trials

and depositions. Mr. Kapas is commonly used as an appraiser and agreed upon as a

neutral umpire to resolve insurance claims in disputes.

NCA Group – 1995 – 2000

Mr. Kapas utilized his extensive construction background in handling large commercial

and industrial losses for the insurance industry. His position as a project manager for a

national based restoration contractor helped foresee future claim problems.

Inrecon – 1991 – 1995

Mr. Kapas handled large condominium losses in South Florida after Hurricane Andrew.

His role as Project Manager/Estimator was used throughout the rebuilding of the Kendall

area.

Mr. Kapas has personally been involved in the following disasters:

Hurricane Andrew – 1992 Hurricane Georges - 1998

Hurricane Marilyn – 1995 Hurricane Bonnie - 1998

Hurricane Erin – 1995 Minnesota Tornado / St. Peter - 1998

Hurricane Opal – 1995 Minnesota Hail Storm 1998

Hurricane Fran – 1996 Hurricane Floyd - 1999

Red River Floods - 1997 Hurricane Irene – 1999

Hurricanes of 2004 Hurricanes of 2005

Industry Experience

Construction Appraisal/Umpire Residential

Fire Reconstruction Water Restoration Commercial

Certifications

Florida Windstorm Advanced Umpire Certification & Workshop Speaker

Florida Windstorm Appraiser Certification & Workshop Speaker

WAYNE D. TAYLOR

Mozley, Finlayson & Loggins, LLP

Emory University, B.A., B.A., 1982

Emory University, J.D., 1985

Wayne Taylor is an AV rated trial lawyer who joined Mozley, Finlayson & Loggins, LLP as a

partner in 1995. For the past 26 years, Mr. Taylor has maintained a national practice representing

insurers primarily in complex insurance coverage and bad faith matters, including commercial

property and business interruption, bad faith and extra-contractual litigation, excess and surplus

lines coverage, builder’s risk, boiler and machinery, suspected arson and fraudulent claims,

Chinese drywall, domestic intrastate and interstate motor truck carrier liability, warehouseman’s

legal liability, and jewelers block. He has extensive experience in third-party liability coverage

analysis and litigation, including general liability, environmental and complex torts, directors and

officers, professional liability (errors and omissions), advertising injury and intellectual property,

construction defects, and employment practices liability. Mr. Taylor has handled substantial

property loss claims throughout the United States, including a number of claims related to major

catastrophes such as September 11, 2001, the 2004 hurricanes in Florida and Hurricane Katrina.

Mr. Taylor has handled claims related to real property of virtually every scale, ranging from

homeowner’s claims to claims on substantial shopping malls, hotels, manufacturing facilities,

and major sports venues around the country. Mr. Taylor also provides representation to insurers

in subrogation matters. Mr. Taylor’s clients retain him on a regional and national basis, trusting

his coverage counsel in major claims. Recent engagements include a claim of more than $16

million in New York and two hurricane related claims totaling more than $100 million in

Florida. Mr. Taylor is a trained and certified mediator, specializing in insurance coverage

disputes, and an umpire certified by The Windstorm Insurance Network.

Mr. Taylor is the co-author of “Detective and Corrosive Drywall: Analyzing First-Party

Coverage Issues,” published in the Fall 2010 issue of the Tort Trial & Insurance Practice Law

Journal, 46 Tort Trial & Ins. Prac. L.J. 63 (2011). Mr. Taylor also co-authored “Damage

Occurring from Theft of Copper: Is the Damage Covered as Vandalism or Excluded as Theft?,”

published in the September 2011 online edition of Claims Advisor.

Mr. Taylor lectures frequently to lawyers and insurance industry personnel throughout the

country on a wide range of topics involving insurance coverage, bad faith and the investigation

of suspected arson and fraudulent insurance claims. Mr. Taylor was born in Rockledge, Florida,

and has lived in Atlanta since graduating from Emory University.

Mr. Taylor was admitted to the State Bar of Georgia in 1985. He is a member of the American,

Federal and Atlanta Bar Associations. He is also a member of the Georgia Defense Lawyers

Association, Defense Research Institute, Inc., and The Windstorm Insurance Network.

John A. Voelpel, III, CPCU, AIC

Voelpel Claim Service, Inc.

John A. Voelpel, III is the President of Voelpel Claim Service, Inc. John received his Bachelor of Science in Business Administration degree in December 1973 from the University of Central

Florida (formerly Florida Technological University), Orlando, Florida. He received his CPCU

designation in 1984. Mr. Voelpel belongs to several associations, including Central Florida

Chapter CPCU (past President – 1993-1994); Orlando Claims Association, Inc. (past President –

2002-2003); Orlando Claim Manager Council (past President – 1987); Florida Advisory

Committee on Arson Prevention (past President – 2003); and Windstorm Insurance Network

(past President - 2005).

Mr. Voelpel has been active in the insurance claims community for 42 years. Before founding

Voelpel Claim Service, Inc. in 1998, he was employed for 24 years in the insurance industry.

Over the last twenty years he has participated in over 980 appraisals, acting as umpire in 94% of

those appraisals. Mr. Voelpel has been appointed by the court 39 times. These appraisals have

been conducted in both formal and informal manners with awards ranging from a few hundred

dollars to several million dollars. He has acted as an umpire predominantly in Florida, but also in

Alabama, Georgia, Louisiana, Kentucky, Mississippi, South Carolina, Ohio, Tennessee and

Texas.

Mr. Voelpel has been a member of the Umpire Committee since it was formed by WIND in

2003. He has been a faculty member on all Umpire Certification classes offered by WIND since

its inception. Mr. Voelpel drafted the Umpire Code of Ethics and chaired the committee that

drafted the Appraiser Code of Ethics utilized by WIND in their Appraiser and Umpire

certification programs.

Mr. Voelpel is the recipient of Windstorm Insurance Network’s 2012 Annual Presidential

Recognition Award. In 2014, Mr. Voelpel was inducted as a Charter WIND Fellow.

Voelpel Claim Service, Inc.

2208 Curry Ford Road

Orlando, FL 32806

(407) 895-1808

(407) 895-1514 (Facsimile)

www.vcs.cc

ETHICAL RULES FOR UMPIRES IN INSURANCE APPRAISALS

WINDSTORM INSURANCE NETWORK, INC.

The Windstorm Insurance Network having committed to upholding the highest ethical standards for professionals in the insurance industry, hereby adopts the following ethical rules for umpires who have completed the Wind Umpire Certification course and who actively engage in the appraisal process as an umpire. An Umpire shall: 1. Be a neutral party. 2. Have no financial interest in any involved property or in the outcome of the appraisal. 3. Disclose any previous business relationship with any party, appraiser or attorney retained by a

party. 4. Promptly disclose any potential conflict of interest before accepting an assignment as an

umpire, and notify the parties immediately if a conflict or potential conflict arises during the course of the appraisal proceedings.

5. Not accept any assignment that he or she is not certain he or she is qualified to handle. 6. Confirm any fee arrangement with the parties in writing. 7. Confirm the issues to be addressed in the appraisal in writing with the parties. 8. Agree to inspect the property if requested to do so by either appraiser. 9. Maintain impartiality and neutrality throughout the appraisal process and uphold the integrity

of the proceedings. 10. Share all communications with all members of the appraisal panel throughout the appraisal

proceedings. 11. Be responsible to proceed diligently to conclude the appraisal proceedings.

12. Retain only unbiased, qualified and impartial experts. 13. Inquire of any retained expert as to any potential conflict of the expert. 14. Evaluate completely all presented facts and/or claims. 15. To the best of his or her ability, follow the law of the jurisdiction of the property. 16. Withdraw from the proceedings if a conflict arises and the conflict is not waived in writing by all

parties after notice to the parties of the conflict. 17. Not withhold signature on any appraisal award until payment for services is received. 18. Maintain records in good order during the appraisal process in accordance with any applicable

rules or guidelines for preservation once the matter is concluded. 19. Keep true and accurate records of time, expense and fee billings. 20. Keep an updated list of all properties and parties for which he or she served as an umpire for a

period of seven (7) years. 21. Maintain and keep current all applicable professional licenses and continuing education

requirements. 22. Be truthful and accurate in all marketing or advertising activities. These ethical rules shall be effective as of January 17, 2018. Copyright Windstorm Insurance Network, Inc.

Please note that The Ethical Rules for Umpires In Insurance Appraisals is a living document. It is submitted to the organization for approval and can be modified or amended at future meetings.

ETHICAL RULES FOR APPRAISERS IN INSURANCE APPRAISALS

These ethical rules shall be effective as of September 10, 2018

The Windstorm Insurance Network, having committed to upholding the highest ethical standards

for professionals in the insurance industry, hereby adopts the following ethical rules for appraisers who have completed the WIND Appraiser Certification course and who actively

engage in the insurance appraisal process as an appraiser.

The Appraiser shall: 1. Uphold the integrity and fairness of the appraisal process by:

(a) observing high standards of conduct so that the integrity and fairness of the process will be preserved; and (b) recognizing a responsibility to the public, to the parties whose rights will be decided, and to all participants in the proceedings.

2. Accept appointment as an appraiser only if fully satisfied that the appraiser:

(a) has received and read the terms of the policy language governing the appraisal and can serve in compliance with the terms of the policy; (b) will act with utmost integrity, full disclosure and transparency; (c) is physically able to serve; (d) is competent to serve; and (e) can be available to commence the appraisal in accordance with any requirements and thereafter to devote the time and attention to its completion that the parties are reasonably entitled to expect.

3. Immediately disclose any current or prior business or personal relationship with any

other party, legal counsel, appraiser, umpire or expert. 4. At the outset of the appraisal process, inform his or her client about the process,

potential outcomes, and potential costs of the appraisal process. 5. Provide the umpire with the name, address and contact phone number for the person

directly responsible for payment of the invoice. 6. Confirm in writing any fee arrangement with the party who retained the appraiser. 7. Keep true and accurate records of time, expense and fee billings.

8. Have full authority to reach an agreement and execute the Award without consulting with

his or her respective client. 9. Participate in the appraisal process so as to advance the fair and efficient resolution of

the matters submitted for decision. 10. Make all reasonable efforts to prevent delaying tactics. 11. Make all reasonable efforts to follow the law of the jurisdiction where the property is

located. 12. Avoid impropriety or the appearance of impropriety in communicating with the Umpire. 13. Make decisions in a just, independent and deliberate manner with utmost integrity. 14. Decide all issues submitted for determination regarding the amount of loss. 15. Decide all matters justly, exercising independent judgment and utmost integrity, and not

permit pressure from outside the appraisal process to affect the decision. 16. Be faithful to the relationship of trust and confidentiality inherent to that office. 17. Ensure that any information used in advertising or promoting one’s services as an

appraiser, including organizational certifications, affiliations and/or licenses, is up-to-date, truthful and accurate.

18. Maintain records in good order during the appraisal process in accordance with any

applicable rules or guidelines for preservation once the matter is concluded. 19. Keep an updated list of all properties and parties for which he or she served as an

appraiser for a period of seven (7) years. The Appraiser Shall Not: 1. Act as an advocate for the position being taken by the party who appointed the appraiser. 2. Withdraw or abandon an appointment unless compelled to do so by unanticipated

circumstances that would render it impossible or impractical to continue. 3. Accept any appraisal in which he or she is not competent to perform the duty of

appraiser. 4. Discuss any proceedings with the umpire in the absence of the other appraiser except in

the following limited instances: (a) The appraiser may identify the parties, counsel or witnesses and the general nature of the claim; (b) The appraiser may make inquiries of the umpire to determine his or her suitability and availability for the appointment; (c) Discussions may be had with the umpire concerning such logistical matters as setting the time and place of hearings or making other arrangements for the conduct of the

proceedings. However the appraiser initiating the contact with the umpire should promptly inform the other appraiser; or (d) If an appraiser fails to be present at a hearing after having been given due notice, or if all parties expressly consent in writing, the opposing appraiser may discuss the claim with the umpire who is present.

5. Delegate the duty to decide to any other person. 6. Advise any party or its representative about the status of any substantive issues (i.e. -

estimates of damages) while the appraisal process still is pending. 7. Use “confidential information” acquired during the appraisal process to gain personal

advantage or advantage for others, to affect adversely the interest of another. 8. Accept any fee arrangement that would yield a personal or financial interest in the

outcome of the appraisal. 9. Participate in a discussion to resolve issues outside the scope of the appraisal. 10. Imply, through promotion or advertising, any willingness to accept an appointment that is

outside the scope of his or her abilities or capacity or is contrary to the laws of the jurisdiction in which the property is located.

The Appraiser May: 1. Obtain help from an associate, a research assistant, expert or other person in

connection with reaching his or her decision and advise said associate, research assistant or other person of their ethical obligations.

2. Engage in advertising or promotion of his or her appraisal services which is truthful and

accurate.

Copyright ® Windstorm Insurance Network, Inc.

Learn more about WIND at windnetwork.com. Questions? Please get in touch at 850.473.0601 or info@windnetwork.com

MEMORANDUM OF APPRAISAL

Memorandum of Appraisal – The Forgotten Document – Jon Doan, 2001

1) Parties to the Appraisal. The insurance company and the named insured.

2) Cause, location and date of loss.

3) Names of respective Appraisers.

4) Appraisers are to name an Umpire.

5) Quote of Appraisal provision in the policy.

6) Statement that the signature of any two of the three will constitute and Award.

7) Statement that each party will bear 50% of the expense of the Umpire.

8) Items to be Appraised.

9) Basis of the Appraisal, i.e. Actual Cash Value, Replacement Cost or both.

10) How sublimits within the policy are to be addressed.

11) Statement that the Award is a comprehensive Award and the application of

advanced payments, policy provisions is the responsibility of the company.

12) Language to the affect that the deliberations of the Appraisal panel are confidential

and exempt from depositions or suit in case the Award is challenged or a bad faith claim

is filed.

13) The signatures of the parties.

STYLE OF CASE

DECLARATION OF APPRAISERS

STATE OF }

SS:

COUNTY OF }

We the undersigned, do solemnly swear that we are qualified and competent and will make an

Appraisal of the property hereinbefore mentioned, stating the amount of loss, in accordance with

the Appraisal Condition of the Policy of Insurance issued to the Insured, and that we will make a

true, just, and conscientious Award of the same, according to the best of our knowledge, skill and

judgment.

_____________________________________ APPRAISER

WITNESS_________________________________ DATE______

______________________________________ APPRAISER

WITNESS_________________________________DATE______

SELECTION OF UMPIRE

We, the undersigned, hereby select and appoint ____________________________ to act as the

Umpire to settle matters of difference that shall exist between us, if any, by reason of and in

compliance with the forgoing declaration and appointment.

Witness our hands this ______ day of _____________________201_

______________________________

APPRAISER

______________________________

APPRAISER

INSURED v INSURANCE COMPANY

QUALIFICATION OF UMPIRE

STATE OF }

SS:

COUNTY OF }

I, the undersigned, hereby accept the appointment of Umpire, as provided in the foregoing

agreement, and solemnly swear that I will act with strict impartiality in all matters of difference

that shall be submitted to me in connection with this appointment, and I will make a true, just

and conscientious award, according to the best of my knowledge and judgment. I am not related

to any of the parties to this agreement, nor interested as a creditor or otherwise in said property

or insurance.

________________________________________

UMPIRE

Witnessed ___________________________________this _____day of ______________ 201_.

INSURED v INSURANCE COMPANY

AWARD

We, the undersigned, pursuant to our appointment, do hereby certify that we have truly and

conscientiously performed the duties assigned to us, agreeably to the foregoing stipulations, and

have appraised and determined and do hereby award as the amount of the loss the following

sums to wit:

Less any applicable deductible

Less any advance payments

______________________________ APPRAISER & DATE

______________________________ APPRAISER & DATE

______________________________ UMPIRE & DATE