August 2017

In This Issue

2017 Board Members
  
Robbie Maples - President
Cunningham Lindsey
770-828-0098

Marilyn Roberts - Vice President
Chubb
678-795-4293

Bill Cartwright - Treasurer
Eagle Adjustment Services
770-928-9686

Bob Murner - Secretary
Axis
678-296-0005

Brian Richey - Asst. Secretary/Treasury
Custard
678-602-9061
  
Executive Board
  
Lawson Thompson - Past President
Frontier
770-951-0044
  
Rick Brown - York
678-502-6938

Robbie Arnold - McLarens
770-596-5576

Griffin Rogers - Crawford & Company
404-300-1262
  
Gwendy Schulte - OneBeacon Insurance
781-332-8688

John Southall - Historian
FM Global - retired
770-331-8572
  
Joseph Hunnius- 
Financial Advisor
Matson Driscoll & Damico
404-252-0085
President's Message
     
  
"Education is not the learning of facts, but the training of the mind to think!" --Albert Einstein
  
When I was a kid, we had three months off for our summer break. As a younger child, we filled those months with a combination of family vacation and summer camp. This transitioned into hanging out with friends at the field house gym and lining up the next teen party we just had to attend. Finally, summer meant finding a job because an 18 year oId knows everything and is ready to take on the world, but needs money.
  
Now the month of August means that the two month summer break is over and the Atlanta traffic will become even worse with the area schools back in session. For the Southern Loss Association, August means that our Educational Seminar is here! At our core, the SLA objective is to educate all those within the Insurance Industry with the discussion, study and consideration of loss adjustment problems, coverage questions, policy forms, laws and statutes common to all insurance companies.
  
We strive to provide quality speakers throughout the year at our monthly luncheons and our Educational Seminar is no different. We look forward to seeing you this year with our solid lineup of great speakers, while you knock out 8 hours of CE.  
  
We had initially announced that we would have Anomali present "Cyber Security and The Dark Web", but our speaker had an unexpected conflict. He has rescheduled for our December luncheon where we will learn about "Santa's Cyber Threats".
  
Thank you to Marilyn Roberts for presiding over our July meeting with Mr. Bart Barrett, P.E., of Nelson Forensics who presented "Forensics Investigation of Building Veneer Failures." We learned that there are several different types of building veneers and utilizing an expert may be of value depending on the circumstance.
  
Kind Regards,
  
  
Robbie Maples

Quick Links

 Schedule of Events

 

08/10/17 - Education Seminar (Top Golf)

    

09/14/17 - September Luncheon

 

10/11/17 - Member only reception with CPCU

 

11/09/17 - November Luncheon

          Welcome to New Members

 

We'd like to congratulate all of the new members to our organization:

 

Full Membership: 

Kurt Kraft   - Chubb

Jessica Hill - Chubb

Joel Brown - FM Global

Benjamin Walls - York RSG


 

Associate Membership:

Jay Barber - Litchfield Cavo LLP 

William T. Basket - BCG Financial Forensics

Kyle Coley - Unified Investigatios

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Southern Loss Association Inc.
25th Annual Property Seminar
August 10, 2017


This event is intended for the education of ADJUSTERS, CLAIMS MANAGERS, RISK MANAGERS & SLA MEMBERS ONLY, PLEASE!!!
                        
We are pleased to offer 8 hours of Georgia Continuing Education Credit; including 3 hours of Ethics.

Registration is FREE for FULL MEMBERS! Your membership status will be verified upon registration--if you still need to pay your 2016 dues please visit www.southernloss.com to pay online. Contact us with any questions.

WE'RE BACK AT TOPGOLF THIS YEAR! 

After our Education Seminar concludes we will have a TopGolf and Happy Hour event open for all attendees! If you've never been to TopGolf before you're in for a treat--and you don't need to be a golfer to have a great time! There is no additional registration fee to join us for some golf, fun, and a cocktail but please be sure to register as we will need a headcount for the facility. 
    Registration & Breakfast will begin at 7:30 AM
Program Begins promptly at 8:00 AM
We have a great line up of speakers to keep your attention all day.

Nick Goanos and Zack Jett - Butler Pappas - 1 hour
"Top 10 Issues in Coverage & Subrogation

Jim Beck - Georgia Underwriter's Association - 3 hours 
"Ethics Insights - Navigating the Minefield"
 
Granger Stuck - JS Held - 1 hour
"Fundamentals of Estimating"
 
Thomas P. MontAlto and Daniel A. Neeb
"EIFS/Stucco Claims Investigations"
 
Robbie Maples & Jeffrey Cornell - Cunningham Lindsey & Forensic Advisory Services - 1 hour
 "Business Interruption Tools for the Adjuster"
 
Dr. Dan Be rnazzani - Young & Associates - 1 hour
"Auditing moisture mapping and equipment needs on water losses"
 
 
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Eighth Circuit Finds Notice Within Policy Period Still Violated Claims Made Policy's Notice Provision
by
Richard C. Mason

On May 25, 2017, the Eighth Circuit Court of Appeals handed down its decision in Food Market Merchandising Inc. v. Scottsdale Indemnity Co. The decision is noteworthy because the court joined a limited number of other courts that have held that when an insured fails to provide notice "as soon as practicable" as required under a "claims made" insurance policy, the insurer may avoid coverage even when the notice was given within the policy period, and without the insurer needing to demonstrate prejudice.

The insured, Food Market, had been sued in January 2014 by a salesperson for more than $250,000 in allegedly unpaid commissions. Food Market provided notice of this suit to its insurer, Scottsdale, in August 2014, within the policy period. Scottsdale denied coverage on the ground of untimely notice.

The Eighth Circuit held that the insured's provision of notice within the policy period did not save coverage, explaining: "Here, the policy did not require notice to be given during the policy period, but instead only required that notice be given as soon as practicable, but in no event later than sixty (60) days after the end of the policy period." The court continued: "Food Market presented no evidence that providing notice over seven months after being sued was as soon as practicable."

Nor was Scottsdale required to show prejudice. The court (and evidently the parties) acknowledged that the policy made compliance with the "as soon as practicable" notice provision a condition precedent to coverage, which made prejudice unnecessary.

In so concluding, the decision places Minnesota alongside courts in Pennsylvania, New Jersey, and Connecticut that likewise afford to the insurer solid grounds for an "untimely notice" defense, even when notice was given within the policy period. The insurer's position arguably is strongest when the policy expressly states that notice "as soon as practicable" is a condition precedent to coverage. However, even when such language is absent, an insurer may validly contend "claims made" policies implicitly make timely notice a condition precedent to coverage.
  
If you would like more information on this subject, please contact Mr. Mason at 215.665.2717 or contact him by e-mail at rmason@cozen.com.


This newsletter is a publication of Southern Loss Association, Inc., P.O. Box 421564, Atlanta, GA 30342. The articles written in the newsletter are in a general format and are not intended to be legal advice applicable to any specific circumstances. Legal opinions may vary when based on subtle factual differences. All rights reserved.
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2017 Southern Loss Association Scholarship Application

 This application is for a scholarship awarded by the Southern Loss Association.   To be eligible for this Scholarship, the applicant must:
  
A) Must produce evidence of enrollment as a full time student at a post- secondary
     institution accredited by accrediting agencies or state approval agencies recognized by the U.S.
     Secretary of Education for the school semesters of Spring 2016, Fall 2016, and/or Spring 2017;
     Include evidence of current GPA and Classification (i.e. Freshman, Sophomore...)
  
AND either "B" or "C"
 
B) Be the child, grandchild, great-grandchild or a legally adopted child of a current dues paid       member of the Southern Loss Association,
  
      OR
  
C) Include a written letter of recommendation from a current dues paid full or associate              member of the Southern Loss Association.
  
Please send a completed application to the following address:
Southern Loss Association Scholarship Applications
PO Box 421564
Atlanta, GA 30342
  
All scholarship applications must be post marked by September 30, 2017.
II. Personal & Education Information: (Please print)
Last Name First Name MI
 
Address City State Zip
  
Home Phone, Alternative Phone, and Primary Email Address
  
  
Southern Loss Association Member Sponsor Name & Contact Telephone:
  
High School Attended Postsecondary Institution (College / University) GPA:
  
 III. Extracurricular: Activity Role & Responsibilities (Attach a separate sheet, if necessary)
1.
2.
3.
IV. Plans and Dreams for the Future: (Attach a separate sheet)
  
V. Essay Question:
What person or persons in your life have made a difference in your character development and why?  Please attach your typed essay. The essay should be no more than 250-300 words in length.
  
Applicant Signature
  
  
SLA Member Signature
  

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