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We have experienced a greatdeal of wild weather all
around us which has caused somedelays and re-scheduling and manyready to welcome some sunny springdays ahead.
Our next monthly luncheon is Tues-day, April 9, at 11:30am at the Portland SpaghettiFactory – FREE PARKING at 0715 SW Bancroft.Bring a guest – win a gift card!
We had a great co-meeting with members of theOregon CPCU Chapter who joined us for our lastluncheon meeting. We had a great time of sharingtogether. We want to thank Cecelia Larson, PE ofEnvista Forensics for presenting. Her time andpreparation to share with us is greatly appreciated.We gave out 10 Starbucks cards for the first 10 at-tendees coming through the door and Brian Beaudrywas the lucky one who won the members cash pot.
We had a great turn-out for our bowling extrava-ganza [see pages 22 & 23]. We had lots of prizes,raffles, food and fun! Thank you all who attendedand thank you to all our sponsors! We will surelyadd this into next years calendar again. Thank youto our bowling committee chair, Carol Watkins fortaking the lead in making this event a huge success!
(See President’s Message… continued on page 3)
www.oregoncasualtyadjusters.orgPO Box 87 • Dexter, OR 97431
Founded in 1935OCAA provides
Insurance Claim Professionalswith information,
educational resources,and an arena for networking
Claims
Adjusters
Association
OregonMARCH 2019
April 25, 2019OCAA Spring Symposium
& Vendor FairA gathering place for relationship and conversation
“Keeping the Proin Claims Professional”
7:30-8:30am Registration & Check-In / Vendor Area Open8:30-8:45am Welcome & Announcements8:45-9:45am Are You Smarter Than Your
Phone? Tech and TechniquesTechnology is making claims-handling so easy thatmany insurance companies are encouraging theirpolicyholders to take over some of the field claimsprocess. Claims professionals need to embracetechnology that enhances their value to the insur-ance company and policyholder.
9:45-10:15am Break and Networking10:15-12:00pm It Takes a Village: Developing your Support Team
A claims professional is only as effective as theiravailable resources. Time, talent, technical exper-tise, money, and availability are limited. This panelof experts will debate the best, most cost-effective,and most expeditious resources and solutionsavailable to the enterprising claims professional.
12:00-1:00pm Legal Update at Lunch: The Good, The Bad, andThe UglyA lunchtime legal update about current court rulingsthat impact our work- some rulings will help us,other rulings will hurt us, and some of these rulingsmay even amuse us.
1:00-2:00pm Rules of Engagement: Claims-Handling Sensitivityand Survival“May you live in interesting times” is an ancientblessing and curse. The “me too” movement, redstate/blue state polarization, and the Keodahla/Allstate ruling make claims-handling a minefield ofinter-personal interaction where tensions are al-ready high because of the claims settlements atstake.
2:00-2:30pm Break and Networking2:30-4:00pm Legally Liable For Doing Our Job: Keodahla v.
Allstate RevisitedFor better and for worse, to the general public theclaims representative IS the insurance company, soit makes sense for them to directly blame the ad-juster when they’re accusing the insurance com-pany of bad faith. What can we do to avoid gettingsued? And what should we do if we are sued.
4:00-6:00pm Closing ReceptionCocktails & Hors d’oeuvres, Pianist Paul GreenidgeRaffle and Prize Drawings (must be present to win)
Registration
now open!
Message from OCAA President
Nancy Greenidge, Norcross
Go to www.oregoncasualtyadjusters.org/calendar.html
OCAA — M arch 2019OCAA — M arch 2019
Get a Friend orCo-Worker to JoinOCAA Today!We extend membership toanyone involved in theresolution of an insuranceclaim! Go to: www.oregoncasualtyadjusters.org
- 2 -
This newsletter is a publication of the Oregon Claims Adjusters AssociationIt is produced and distributed monthly by
Alquemie Publishing Ink(541) 937-2611
Mail correspondence to:PO Box 87, Dexter, Oregon 97431
Email to: [email protected] or [email protected]
OCAA Vital Statistics 2018-19PO Box 87, Dexter, OR 97431Website: www.oregoncasualtyadjusters.orgEmail: [email protected]
BOWLINGCAROL [email protected]
BUDGET & FINANCE COMMITTEEJUDY DAUFEL, 503/266-9603CONSTITUTION & BYLAWSPAST PRES. SPUNKY GRAY, 800/788-3933PAST PRES. RON GRAY, 855/426-8898GOLFJUDY DAUFEL, 503/266-9603LIZ DUNNING, 503/969-0054HOLIDAY PARTYPOSITION OPEN
LEGISLATIVE LIAISONPAST PRES. SPUNKY GRAY, 800/788-3933MEMBERSHIPPOSITION OPEN
MEETING PROGRAM & SPEAKERSMELODY EWERS, 971/245-1066NEWSLETTER, SYMPOSIUM & WEBSITECOORDINATOR, EMPLOYMENT, FACEBOOKBARB TYLER, ALQUEMIE PUBLISHING541/937-2611, [email protected]
PARLIMENTARIANPAST PRES. RON GRAY, 855/426-8898SCHOLARSHIPBRIAN BEAUDRY, 503/323-2575SYMPOSIUMNANCY GREENIDGE, 503/724-8213JUDY DAUFEL, 503/266-9603
FAIR USE NOTICE: This publication contains copyrighted material the use of which has not alwaysbeen specifically authorized by the copyright owner. News and informational articles posted here are for
the non-profit purposes of education and news reporting. We believe this constitutes a 'fair use' of anysuch copyrighted material as provided for in 17 U.S.C § 107.
PRESIDENTNANCY GREENIDGENORCROSS503/[email protected]
PRESIDENT-ELECTPOSITION OPEN
TREASURERJUDY DAUFELNORCROSS503/[email protected]
SECRETARYBRIAN BEAUDRYAIG503/[email protected]
ASSOCIATE BOARD MEMBERMELODY EWERSBAKER TILLY971/[email protected]
IMMEDIATE PAST PRESIDENTJUDY DAUFELNORCROSS503/[email protected]
ASSOCIATE BOARD MEMBERJOHN BACHOFNERJORDAN RAMIS PC360/[email protected]
Standing Committees
Time11:30am to 1:00pm
LocationOld Spaghetti Factory715 SW Bancroft St, PDX
Menu Choices $15Spaghetti w/Meat Sauce, Spinach/Cheese Ravioli or Chicken CaesarSalad.
Checks, cash or credit card accepted
RSVP Requestedwww.oregoncasualtyadjusters.org
Who will takehome the
Money Pot?YOU MUST BE
PRESENT TO WIN!
At each monthly meetingsomeone could be
a lucky winner!Will you be present
to win at the next meeting?
$50 up for grabs!
Brian Beaudry won the pot in Januaryfor a whopping $150!
It pays to attend a meeting!
Crying Corner— You don’t want to see yourname here!
Featured Luncheon Presenter/Topic:
Patrick Riedlinger with Envista Forensics
Next OCAA Meeting
April 9, 2019
MARK YOUR CALENDARS — Our annualSymposium is planned for April 25, 2019 at theHoliday Inn in Wilsonville, Oregon. “Keeping thePro in Claims Professional”. We plan to share someexciting and informative topics to engage us all. Seethe agenda on the front cover. In addition to attend-ing, you may be interested in securing a booth atthis event. This is a great way of getting your nameout and sharing what your company can do for oth-ers. Contact Barb to secure your booth in advance.Overnight stays will be discounted at a group ratefor out-of-towners and anyone who wishes to comein early or stay late. We will also be having ourpast-presidents appreciation dinner directly after thesymposium, so please pre-register if you are a past-president.
Our golf tournament will return to Stone Creek onJuly 26 with an 8:00am shotgun and afternoonluncheon. Get your teams together and registeredwhen the time comes. Read your newsletter for up-dates.
President’s Message… (Continued from front page)
- 3 -
Commercial general liability insurance policies is-sued in the state of Oregon typically include the du-ties to defend and indemnify. A common exclusionin these policies is an exclusion for intentional acts.If an insured is found liable for an intentional timbertrespass, can the insurer rely on an intentional actexclusion for its refusal to indemnify? Read on tofind out.
Case Pointer: In this dispute arising from an in-surer’s refusal to defend and indemnify a timbertrespass claim, the Oregon Court of Appeals af-firmed the trial court’s determination that the in-surer had a duty to defend and indemnify. Despitethe fact that the insured was found liable for inten-tional timber trespass, the insurer was required todefend and indemnify the insured because the in-sured did not expressly intend to damage the treesand other potential exclusions were ambiguous.This case is a reminder that any ambiguity or uncer-tainty contained in a policy will be construedagainst the insurance company.
Bighorn Logging Corp. v. Truck Ins. Exchange, 295Or App 819 (Jan. 30, 2019)
In 2012, Bighorn Logging Corporation (“Bighorn”)was engaged in an extensive logging project onproperty owned by Dr. Edney (“Edney Property”).To assist in its operation, Bighorn sought and ob-tained permission from Paul Ater to use trees on hisproperty as rope anchors to assist in the logging op-eration. Mr. Ater agreed to specified terms, includ-ing that Bighorn would use only two to three treesand use a special anchoring technique that wouldnot damage the trees. Following the operation, Mr.Ater alleged that Bighorn cut down or damaged 18
trees on his property. He filed a timber trespass law-suit against Bighorn. In Oregon, if a plaintiff canprove timber trespass, they are entitled to enhanceddamages and attorney fees. The amount of the en-hancement is based on the culpability of the defen-dant.
Mr. Ater’s Complaint alleged both intentional andnegligent timber trespass. Bighorn was insured un-der a policy issued by the Truck Insurance Ex-change (“Truck”). Bighorn tendered the defense ofthe timber trespass action to Truck, which deniedcoverage based on its assertion that Bighorn’s con-duct was not covered by the policy and certain ex-clusions applied to preclude coverage. A jury re-turned a verdict in favor of Mr. Ater, finding Big-horn liable for intentional or reckless timber tres-pass. A judgment was entered against Bighorn forintentional timber trespass.
Following the conclusion of Mr. Ater’s lawsuit,Bighorn brought a breach of contract claim againstTruck for its refusal to defend and indemnify. Itmoved for summary judgment, arguing that Truck’sduty to defend was triggered as a matter of law be-cause Mr. Ater’s complaint alleged negligence.Truck responded that Bighorn’s conduct was notcovered by the policy because Bighorn was found
OR Court of AppealsRequires an Insurerto Indemnify itsInsured forIntentional TimberTrespass ClaimDespite an Exclusionfor Intentional Acts
From the desk of Joshua P. Hayward:
Case Study
OCAA — M arch 2019OCAA — M arch 2019
Get a Friend orCo-Worker to JoinOCAA Today!We extend membership toanyone involved in theresolution of an insuranceclaim! Go to: www.oregoncasualtyadjusters.org
- 2 -
This newsletter is a publication of the Oregon Claims Adjusters AssociationIt is produced and distributed monthly by
Alquemie Publishing Ink(541) 937-2611
Mail correspondence to:PO Box 87, Dexter, Oregon 97431
Email to: [email protected] or [email protected]
OCAA Vital Statistics 2018-19PO Box 87, Dexter, OR 97431Website: www.oregoncasualtyadjusters.orgEmail: [email protected]
BOWLINGCAROL [email protected]
BUDGET & FINANCE COMMITTEEJUDY DAUFEL, 503/266-9603CONSTITUTION & BYLAWSPAST PRES. SPUNKY GRAY, 800/788-3933PAST PRES. RON GRAY, 855/426-8898GOLFJUDY DAUFEL, 503/266-9603LIZ DUNNING, 503/969-0054HOLIDAY PARTYPOSITION OPEN
LEGISLATIVE LIAISONPAST PRES. SPUNKY GRAY, 800/788-3933MEMBERSHIPPOSITION OPEN
MEETING PROGRAM & SPEAKERSMELODY EWERS, 971/245-1066NEWSLETTER, SYMPOSIUM & WEBSITECOORDINATOR, EMPLOYMENT, FACEBOOKBARB TYLER, ALQUEMIE PUBLISHING541/937-2611, [email protected]
PARLIMENTARIANPAST PRES. RON GRAY, 855/426-8898SCHOLARSHIPBRIAN BEAUDRY, 503/323-2575SYMPOSIUMNANCY GREENIDGE, 503/724-8213JUDY DAUFEL, 503/266-9603
FAIR USE NOTICE: This publication contains copyrighted material the use of which has not alwaysbeen specifically authorized by the copyright owner. News and informational articles posted here are for
the non-profit purposes of education and news reporting. We believe this constitutes a 'fair use' of anysuch copyrighted material as provided for in 17 U.S.C § 107.
PRESIDENTNANCY GREENIDGENORCROSS503/[email protected]
PRESIDENT-ELECTPOSITION OPEN
TREASURERJUDY DAUFELNORCROSS503/[email protected]
SECRETARYBRIAN BEAUDRYAIG503/[email protected]
ASSOCIATE BOARD MEMBERMELODY EWERSBAKER TILLY971/[email protected]
IMMEDIATE PAST PRESIDENTJUDY DAUFELNORCROSS503/[email protected]
ASSOCIATE BOARD MEMBERJOHN BACHOFNERJORDAN RAMIS PC360/[email protected]
Standing Committees
Time11:30am to 1:00pm
LocationOld Spaghetti Factory715 SW Bancroft St, PDX
Menu Choices $15Spaghetti w/Meat Sauce, Spinach/Cheese Ravioli or Chicken CaesarSalad.
Checks, cash or credit card accepted
RSVP Requestedwww.oregoncasualtyadjusters.org
Who will takehome the
Money Pot?YOU MUST BE
PRESENT TO WIN!
At each monthly meetingsomeone could be
a lucky winner!Will you be present
to win at the next meeting?
$50 up for grabs!
Brian Beaudry won the pot in Januaryfor a whopping $150!
It pays to attend a meeting!
Crying Corner— You don’t want to see yourname here!
Featured Luncheon Presenter/Topic:
Patrick Riedlinger with Envista Forensics
Next OCAA Meeting
April 9, 2019
MARK YOUR CALENDARS — Our annualSymposium is planned for April 25, 2019 at theHoliday Inn in Wilsonville, Oregon. “Keeping thePro in Claims Professional”. We plan to share someexciting and informative topics to engage us all. Seethe agenda on the front cover. In addition to attend-ing, you may be interested in securing a booth atthis event. This is a great way of getting your nameout and sharing what your company can do for oth-ers. Contact Barb to secure your booth in advance.Overnight stays will be discounted at a group ratefor out-of-towners and anyone who wishes to comein early or stay late. We will also be having ourpast-presidents appreciation dinner directly after thesymposium, so please pre-register if you are a past-president.
Our golf tournament will return to Stone Creek onJuly 26 with an 8:00am shotgun and afternoonluncheon. Get your teams together and registeredwhen the time comes. Read your newsletter for up-dates.
President’s Message… (Continued from front page)
- 3 -
Commercial general liability insurance policies is-sued in the state of Oregon typically include the du-ties to defend and indemnify. A common exclusionin these policies is an exclusion for intentional acts.If an insured is found liable for an intentional timbertrespass, can the insurer rely on an intentional actexclusion for its refusal to indemnify? Read on tofind out.
Case Pointer: In this dispute arising from an in-surer’s refusal to defend and indemnify a timbertrespass claim, the Oregon Court of Appeals af-firmed the trial court’s determination that the in-surer had a duty to defend and indemnify. Despitethe fact that the insured was found liable for inten-tional timber trespass, the insurer was required todefend and indemnify the insured because the in-sured did not expressly intend to damage the treesand other potential exclusions were ambiguous.This case is a reminder that any ambiguity or uncer-tainty contained in a policy will be construedagainst the insurance company.
Bighorn Logging Corp. v. Truck Ins. Exchange, 295Or App 819 (Jan. 30, 2019)
In 2012, Bighorn Logging Corporation (“Bighorn”)was engaged in an extensive logging project onproperty owned by Dr. Edney (“Edney Property”).To assist in its operation, Bighorn sought and ob-tained permission from Paul Ater to use trees on hisproperty as rope anchors to assist in the logging op-eration. Mr. Ater agreed to specified terms, includ-ing that Bighorn would use only two to three treesand use a special anchoring technique that wouldnot damage the trees. Following the operation, Mr.Ater alleged that Bighorn cut down or damaged 18
trees on his property. He filed a timber trespass law-suit against Bighorn. In Oregon, if a plaintiff canprove timber trespass, they are entitled to enhanceddamages and attorney fees. The amount of the en-hancement is based on the culpability of the defen-dant.
Mr. Ater’s Complaint alleged both intentional andnegligent timber trespass. Bighorn was insured un-der a policy issued by the Truck Insurance Ex-change (“Truck”). Bighorn tendered the defense ofthe timber trespass action to Truck, which deniedcoverage based on its assertion that Bighorn’s con-duct was not covered by the policy and certain ex-clusions applied to preclude coverage. A jury re-turned a verdict in favor of Mr. Ater, finding Big-horn liable for intentional or reckless timber tres-pass. A judgment was entered against Bighorn forintentional timber trespass.
Following the conclusion of Mr. Ater’s lawsuit,Bighorn brought a breach of contract claim againstTruck for its refusal to defend and indemnify. Itmoved for summary judgment, arguing that Truck’sduty to defend was triggered as a matter of law be-cause Mr. Ater’s complaint alleged negligence.Truck responded that Bighorn’s conduct was notcovered by the policy because Bighorn was found
OR Court of AppealsRequires an Insurerto Indemnify itsInsured forIntentional TimberTrespass ClaimDespite an Exclusionfor Intentional Acts
From the desk of Joshua P. Hayward:
Case Study
liable for property damage that it intended to occur.The insurance policy issued by Truck contained thefollowing provisions relevant to this matter.
“[T]ruck will pay those sums that the in-sured becomes legally obligated to pay asdamages because of ‘bodily injury’ or‘property damage’ to which this insuranceapplies. [Truck] will have the right and dutyto defend the insured against any ‘suit’ seek-ing those damages.”
The policy included several exclusions, including anexclusion for “property damage ‘expected or in-tended’ by the insured.” The policy also containedtwo other exclusions that Truck argued applied to itsduty to defend and indemnify.
The trial court granted Bighorn’s motion, acknowl-edging that coverage does not exist for intentionalconduct, but reasoning that an intentional act in theinsurance context is “one where the action was in-tended and a purpose of damaging a person or prop-erty was also intended.” Because Mr. Ater had notalleged that Bighorn’s intentional conduct was donewith the express purpose of damaging or killing thetrees, Bighorn’s conduct did not fall within the in-tentional conduct context in insurance policies.Truck took exception to the trial court’s ruling andthis appeal followed.
The appellate court first examined Truck’s assertionthat it did not have a duty to defend under the othertwo exclusions at issue. Finding that these exclu-sions were ambiguous as applied to the allegationsin the complaint, the court ruled that Truck’s duty todefend was triggered because ambiguities must beconstrued against the insurer. Since the complaintalleged negligent and intentional conduct, Trucklikely did not argue that the intentional act exclusionwould affect their duty to defend.
The court then examined whether Truck’s duty toindemnify was triggered after the jury’s verdict andthe judgment, despite the exclusion for “intendedinjury” in the policy. Truck argued two main points.First, it argued that Bighorn “could never prove un-der the circumstances that Truck’s obligation to in-demnify was triggered because…the trial court’sjudgment in the Ater case held Bighorn liable for‘intentional timber trespass.’” Second, Bighorn’sconduct was excluded because it “intended” theproperty damage to Mr. Ater’s property to occur.
- 5 -
Barb Tyler(541) 937•2611
[email protected] Box 87, Dexter, Oregon 97431
lquemie ublishing
nk
Providing tailored services to nonprofitorganizations since 1994
“The next best thing to a volunteer!”
The court was not persuaded by Truck’s arguments.It reasoned that Bighorn’s actions did not have thesubjective intent or purpose of causing damage toMr. Ater’s trees. Or, more specifically, “Bighorn’sliability to Ater for intentional trespass did not es-tablish that Bighorn acted with the purpose of dam-aging Ater’s trees.” Further, because the jury foundthat Bighorn was liable for intentional or recklessconduct, the judgment was not conclusive. Forthese reasons, Truck was not relieved of its duty toindemnify Bighorn for its intentional conduct.
This case is yet another example of why insurersmust be extremely careful when denying coverageunder policies issued in the state of Oregon. Fur-ther, it is a reminder of the breadth of Oregon’s tim-ber trespass statute. Despite the court finding thatBighorn did not have the subjective intent to dam-age Mr. Ater’s trees, Bighorn could still be liablefor intentional timber trespass, which subjectedBighorn to treble damages and attorney fee expo-sure.
OCAA — M arch 2019OCAA — M arch 2019
liable for property damage that it intended to occur.The insurance policy issued by Truck contained thefollowing provisions relevant to this matter.
“[T]ruck will pay those sums that the in-sured becomes legally obligated to pay asdamages because of ‘bodily injury’ or‘property damage’ to which this insuranceapplies. [Truck] will have the right and dutyto defend the insured against any ‘suit’ seek-ing those damages.”
The policy included several exclusions, including anexclusion for “property damage ‘expected or in-tended’ by the insured.” The policy also containedtwo other exclusions that Truck argued applied to itsduty to defend and indemnify.
The trial court granted Bighorn’s motion, acknowl-edging that coverage does not exist for intentionalconduct, but reasoning that an intentional act in theinsurance context is “one where the action was in-tended and a purpose of damaging a person or prop-erty was also intended.” Because Mr. Ater had notalleged that Bighorn’s intentional conduct was donewith the express purpose of damaging or killing thetrees, Bighorn’s conduct did not fall within the in-tentional conduct context in insurance policies.Truck took exception to the trial court’s ruling andthis appeal followed.
The appellate court first examined Truck’s assertionthat it did not have a duty to defend under the othertwo exclusions at issue. Finding that these exclu-sions were ambiguous as applied to the allegationsin the complaint, the court ruled that Truck’s duty todefend was triggered because ambiguities must beconstrued against the insurer. Since the complaintalleged negligent and intentional conduct, Trucklikely did not argue that the intentional act exclusionwould affect their duty to defend.
The court then examined whether Truck’s duty toindemnify was triggered after the jury’s verdict andthe judgment, despite the exclusion for “intendedinjury” in the policy. Truck argued two main points.First, it argued that Bighorn “could never prove un-der the circumstances that Truck’s obligation to in-demnify was triggered because…the trial court’sjudgment in the Ater case held Bighorn liable for‘intentional timber trespass.’” Second, Bighorn’sconduct was excluded because it “intended” theproperty damage to Mr. Ater’s property to occur.
- 5 -
Barb Tyler(541) 937•2611
[email protected] Box 87, Dexter, Oregon 97431
lquemie ublishing
nk
Providing tailored services to nonprofitorganizations since 1994
“The next best thing to a volunteer!”
The court was not persuaded by Truck’s arguments.It reasoned that Bighorn’s actions did not have thesubjective intent or purpose of causing damage toMr. Ater’s trees. Or, more specifically, “Bighorn’sliability to Ater for intentional trespass did not es-tablish that Bighorn acted with the purpose of dam-aging Ater’s trees.” Further, because the jury foundthat Bighorn was liable for intentional or recklessconduct, the judgment was not conclusive. Forthese reasons, Truck was not relieved of its duty toindemnify Bighorn for its intentional conduct.
This case is yet another example of why insurersmust be extremely careful when denying coverageunder policies issued in the state of Oregon. Fur-ther, it is a reminder of the breadth of Oregon’s tim-ber trespass statute. Despite the court finding thatBighorn did not have the subjective intent to dam-age Mr. Ater’s trees, Bighorn could still be liablefor intentional timber trespass, which subjectedBighorn to treble damages and attorney fee expo-sure.
OCAA — M arch 2019OCAA — M arch 2019
Technology HelpingAdjusters More QuicklyIdentify Legitimate ClaimsBy Jim SamsReprinted from www.insurancejournal.com
- 7 -
Chernett, his chief medical officer at Authentic4Dand a claims manager for GEICO, pitched the use of3-D imaging instead of hiring independent medicalexaminers to hasten the resolution of injury claims.Specifically, Chernett said using highly specializedradiologists who have an extra year or two of train-ing in specific fields, such as the musculoskeletalsystem or neurology, will allow claims adjusters tomore quickly and accurately identify claims that arelegitimate and should be settled and claims thatshould be defended.
Chernett said 3-D imaging is especially useful foridentifying claimants who are exaggerating injuries.He said 70 percent of people are visual learners.Three-dimensional images allow people, perhapsjurors, to see disorders that otherwise would likelyonly be described in an IME’s narrative report.
Typically, an Authentic4D radiologist will couple avideo of 3-D image with a narrative and an affidavitthat can be introduced as medical evidence for acost of about $1,500, he said. For an extra charge,that report can include a voiceover by the radiolo-gist.
- 6 -
“Three-D images reinforce the strength of your po-sition,” Chernett said. “This is the signal that youwant to show the other side, that you are prepared totake the case the distance.”
Dr. James A. Shirley, Authentic4D’s chief medicalofficer, said a New York study that included 153patients who had received imaging showed that ra-diologists disagreed on what those images showedin 40 percent of cases. Shirley said often radiolo-gists can be influenced simply by suggesting a cer-tain injury exists, which is why Authentic4D insistson keeping its radiologists “blind” to whatever dis-order is being asserted by claimants.
“It’s very important that the doctor is unaware ofthe details of the case,” he said.
Candid Cameras
The importance of images to claims professionalsisn’t limited to injury claims. Later at the same con-ference, a security expert, an attorney and a citymanager extolled the virtues of video surveillanceas a means of managing risk.
Seymour Everett, a partner with the Everett Doreylaw firm in Irvine, California, said attorneys shouldask if a video is available in every case. He said heencourages his clients to invest in robust surveil-lance systems.
“What we tell our clients is you have to implement apublic surveillance system because everybody elseis doing it,” he said. He explained that most peoplehave the capability to take videos on their cellphones. More and more law enforcement agenciesare equipping officers with body cameras. Somecities even mount cameras in heavily trafficked pub-lic areas.
In fact, Chicago has an aggressive public surveil-lance system, Everrett said. Actor Jussie Smolletwas arrested and accused of setting up a hoax attackon himself after Chicago police reviewed videotaken from nearby surveillance cameras.
Everett said there are a couple of legal issues tokeep in mind when deciding whether to install pub-lic surveillance. Cameras should not be used in ar-eas where people have an expectation of privacy,
The physician couldn’t tell what was causing thesmudge on a CT scan of his wife’s lungs, so he re-ferred her to a pulmonologist. That would likelyhave meant a two-week delay.
Instead of waiting, Corey Chernett, chief executiveofficer of Authentic4D, took his wife to a “sub-specialty” radiologist the next day. During a presen-tation at the Combined Claims Conference on Tues-day, Chernett showed the result on screen: A three-dimensional image that clearly showed a pear-shaped mass in his wife’s lung.
Turns out, the mass was a non-malignant abscess.But the speed at which the radiologist was able toproduce a usable image allowed a speedy biopsythat finally put an end to his wife’s nagging cough.
OCAA — M arch 2019OCAA — M arch 2019
Technology HelpingAdjusters More QuicklyIdentify Legitimate ClaimsBy Jim SamsReprinted from www.insurancejournal.com
- 7 -
Chernett, his chief medical officer at Authentic4Dand a claims manager for GEICO, pitched the use of3-D imaging instead of hiring independent medicalexaminers to hasten the resolution of injury claims.Specifically, Chernett said using highly specializedradiologists who have an extra year or two of train-ing in specific fields, such as the musculoskeletalsystem or neurology, will allow claims adjusters tomore quickly and accurately identify claims that arelegitimate and should be settled and claims thatshould be defended.
Chernett said 3-D imaging is especially useful foridentifying claimants who are exaggerating injuries.He said 70 percent of people are visual learners.Three-dimensional images allow people, perhapsjurors, to see disorders that otherwise would likelyonly be described in an IME’s narrative report.
Typically, an Authentic4D radiologist will couple avideo of 3-D image with a narrative and an affidavitthat can be introduced as medical evidence for acost of about $1,500, he said. For an extra charge,that report can include a voiceover by the radiolo-gist.
- 6 -
“Three-D images reinforce the strength of your po-sition,” Chernett said. “This is the signal that youwant to show the other side, that you are prepared totake the case the distance.”
Dr. James A. Shirley, Authentic4D’s chief medicalofficer, said a New York study that included 153patients who had received imaging showed that ra-diologists disagreed on what those images showedin 40 percent of cases. Shirley said often radiolo-gists can be influenced simply by suggesting a cer-tain injury exists, which is why Authentic4D insistson keeping its radiologists “blind” to whatever dis-order is being asserted by claimants.
“It’s very important that the doctor is unaware ofthe details of the case,” he said.
Candid Cameras
The importance of images to claims professionalsisn’t limited to injury claims. Later at the same con-ference, a security expert, an attorney and a citymanager extolled the virtues of video surveillanceas a means of managing risk.
Seymour Everett, a partner with the Everett Doreylaw firm in Irvine, California, said attorneys shouldask if a video is available in every case. He said heencourages his clients to invest in robust surveil-lance systems.
“What we tell our clients is you have to implement apublic surveillance system because everybody elseis doing it,” he said. He explained that most peoplehave the capability to take videos on their cellphones. More and more law enforcement agenciesare equipping officers with body cameras. Somecities even mount cameras in heavily trafficked pub-lic areas.
In fact, Chicago has an aggressive public surveil-lance system, Everrett said. Actor Jussie Smolletwas arrested and accused of setting up a hoax attackon himself after Chicago police reviewed videotaken from nearby surveillance cameras.
Everett said there are a couple of legal issues tokeep in mind when deciding whether to install pub-lic surveillance. Cameras should not be used in ar-eas where people have an expectation of privacy,
The physician couldn’t tell what was causing thesmudge on a CT scan of his wife’s lungs, so he re-ferred her to a pulmonologist. That would likelyhave meant a two-week delay.
Instead of waiting, Corey Chernett, chief executiveofficer of Authentic4D, took his wife to a “sub-specialty” radiologist the next day. During a presen-tation at the Combined Claims Conference on Tues-day, Chernett showed the result on screen: A three-dimensional image that clearly showed a pear-shaped mass in his wife’s lung.
Turns out, the mass was a non-malignant abscess.But the speed at which the radiologist was able toproduce a usable image allowed a speedy biopsythat finally put an end to his wife’s nagging cough.
- 9 -
such as within homes. Also, one should considerwhether video surveillance would create a chillingeffect on speech or conduct, he said.
For claims handlers, finding out whether video ex-ists is the important question.
Often, videos can show up in unexpected places.For example, a plaintiff may remove any videosfrom social media that don’t help his position, saidJoe Dalu, president of Premier Group Internationaland a former police officer. But similar footagemight be found if by checking the social media ac-counts of the plaintiff’s friends and family.
Jim Vanderpool, city manager for Buena Park, Cali-fornia, said his municipality has installed videocameras in the entertainment district and also equipsits police officers with body cameras. He said thecameras on the streets make the public feel safer andthe officers’ body cams have reduced personnelcomplaints.
“When we get these complaints, we tell them we arehappy to sit down with them and review the videowith them,” he said.
Employers May Have to Begin ReportingGender Pay Data This SpringBy Rebecca Greenfield, Jeff Green and Paige SmithReprinted from www.insurancejournal.com. © 2019 Bloomberg.
Companies with more than 100 employees willhave to report to the U.S. government data abouthow much workers are paid broken down by sex,race and ethnicity, possibly as soon as this spring,according to a new court ruling.
The pay disclosures were finalized by the EqualEmployment Opportunity Commission in the sum-mer of 2016, but the Office of Management andBudget froze the expanded requirements after Presi-dent Trump took office.
The National Women’s Law Center and othergroups sued, and on March 4, Judge Tanya Chutkan
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OCAA — M arch 2019OCAA — M arch 2019 - 9 -
such as within homes. Also, one should considerwhether video surveillance would create a chillingeffect on speech or conduct, he said.
For claims handlers, finding out whether video ex-ists is the important question.
Often, videos can show up in unexpected places.For example, a plaintiff may remove any videosfrom social media that don’t help his position, saidJoe Dalu, president of Premier Group Internationaland a former police officer. But similar footagemight be found if by checking the social media ac-counts of the plaintiff’s friends and family.
Jim Vanderpool, city manager for Buena Park, Cali-fornia, said his municipality has installed videocameras in the entertainment district and also equipsits police officers with body cameras. He said thecameras on the streets make the public feel safer andthe officers’ body cams have reduced personnelcomplaints.
“When we get these complaints, we tell them we arehappy to sit down with them and review the videowith them,” he said.
Employers May Have to Begin ReportingGender Pay Data This SpringBy Rebecca Greenfield, Jeff Green and Paige SmithReprinted from www.insurancejournal.com. © 2019 Bloomberg.
Companies with more than 100 employees willhave to report to the U.S. government data abouthow much workers are paid broken down by sex,race and ethnicity, possibly as soon as this spring,according to a new court ruling.
The pay disclosures were finalized by the EqualEmployment Opportunity Commission in the sum-mer of 2016, but the Office of Management andBudget froze the expanded requirements after Presi-dent Trump took office.
The National Women’s Law Center and othergroups sued, and on March 4, Judge Tanya Chutkan
NEWSfrom
Around the Web
- 11 -
ruled in their favor, saying that the government did-n’t properly justify its decision. The OMB couldappeal, and it’s not clear whether companies willhave to comply by the original deadline of May 31.
Still, the decision comes amid a rising global pushto get companies to show that their pay practicesare fair. Under shareholder pressure, most of the bigU.S. banks last year released modified informationon the gender pay gaps in their workforce. TheU.K.’s new gender pay gap reporting requirementsare entering their second year.
“This is part of a real cultural shift we’re seeingaround transparency in pay,” said Emily Martin,vice president for education and workplace justicefor the National Women’s Law Center, one of thegroups that sued to get the wage information in-cluded. “In order to have equal and fair pay, em-ployees need more information about their employ-ers’ pay policies. So this is one step, but it’s not thelast step.”
Employers already submit demographic data to theEEOC annually. The new disclosures would call formore granular analysis, requiring them to report theracial and gender makeup of employees in each jobcategory (executive level, professionals, sales work-ers, etc.) within 12 pay ranges, for each of a com-pany’s physical locations. The current form fits onone page. The expanded form could need 10.
“It’s kind of in the weeds, really technical detailedstuff,” said Michael Eastman, senior vice presidentwith the Center for Workplace Compliance. “That’swhere the burden comes in.”
The U.S. Chamber of Commerce, which stronglyopposed the expanded reporting, says it would costbusinesses more than $400 million annually. TheEEOC says it’s more like $53 million. In a 2017letter to OMB director Mick Mulvaney, the Cham-ber urged the agency to reconsider the approvedcollection, saying the EEOC “materially underesti-mated the burden that the revised form would im-pose.”
Under rules adopted in 2015, the U.S. Securitiesand Exchange Commission requires public compa-nies to compare their workers’ median pay withtheir CEO’s total compensation, including salary,bonus and equity awards. After companies regis-tered similar concerns about the burden of reporting
OCAA — M arch 2019OCAA — M arch 2019 - 11 -
ruled in their favor, saying that the government did-n’t properly justify its decision. The OMB couldappeal, and it’s not clear whether companies willhave to comply by the original deadline of May 31.
Still, the decision comes amid a rising global pushto get companies to show that their pay practicesare fair. Under shareholder pressure, most of the bigU.S. banks last year released modified informationon the gender pay gaps in their workforce. TheU.K.’s new gender pay gap reporting requirementsare entering their second year.
“This is part of a real cultural shift we’re seeingaround transparency in pay,” said Emily Martin,vice president for education and workplace justicefor the National Women’s Law Center, one of thegroups that sued to get the wage information in-cluded. “In order to have equal and fair pay, em-ployees need more information about their employ-ers’ pay policies. So this is one step, but it’s not thelast step.”
Employers already submit demographic data to theEEOC annually. The new disclosures would call formore granular analysis, requiring them to report theracial and gender makeup of employees in each jobcategory (executive level, professionals, sales work-ers, etc.) within 12 pay ranges, for each of a com-pany’s physical locations. The current form fits onone page. The expanded form could need 10.
“It’s kind of in the weeds, really technical detailedstuff,” said Michael Eastman, senior vice presidentwith the Center for Workplace Compliance. “That’swhere the burden comes in.”
The U.S. Chamber of Commerce, which stronglyopposed the expanded reporting, says it would costbusinesses more than $400 million annually. TheEEOC says it’s more like $53 million. In a 2017letter to OMB director Mick Mulvaney, the Cham-ber urged the agency to reconsider the approvedcollection, saying the EEOC “materially underesti-mated the burden that the revised form would im-pose.”
Under rules adopted in 2015, the U.S. Securitiesand Exchange Commission requires public compa-nies to compare their workers’ median pay withtheir CEO’s total compensation, including salary,bonus and equity awards. After companies regis-tered similar concerns about the burden of reporting
- 13 -
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based on their entire payroll, the SEC allowed themto use statistical sampling. The first results wereposted last year.
“This is not some radical new calculation that theyare being asked to do,” said Martin, pointing outthat companies provide a wide range of pay infor-mation to a range of entities and can draw the restof the data from employee tax forms. “They are be-ing asked to submit the data they already collect.”
The demographic data provided to the EEOC isconfidential, and the pay data would be too. Evenso, research suggests the act of measuring and re-porting can have an effect. A study from severalbusiness schools, including INSEAD, ColumbiaUniversity and the University of Copenhagen,found that in Denmark, which requires companieswith over 35 employees to report pay data by gen-der, the gender pay gap shrunk by 7 percent. Andonce the data exists, it becomes a target for activistsand investors. New York City pension funds helpedpressure Goldman Sachs and MetLife to disclosediversity data in 2012, according to the New YorkTimes.
Natasha Lamb, a managing partner at Arjuna Capi-tal, is for similar transparency around pay: Late lastyear, she filed shareholder proposals with 11 banksand tech companies asking them to publicly reporttheir median gender pay gaps. So far, only Citi-group has done so.
“Even if there’s a regulatory mandate from theEEOC, that might help narrow those gaps, but itwon’t make the data transparent to investors,”Lamb said. “We want to be able to measure applesto apples on how companies are doing on narrow-ing those gaps.”
Pedestrian Fatalities Continue to RiseReprinted from www.insurancejournal.com
A new report projects that 6,227 pedestrian fatali-ties occurred in 2018, the highest number in nearlythree decades. Pedestrians will account for 16 per-cent of all traffic deaths in 2018, compared to 12percent in 2008.
While advancements in motor vehicle safety andtechnology have increased survivability for vehicleoccupants involved in crashes, pedestrians remainjust as susceptible to sustaining serious or fatal inju-ries when struck by a motor vehicle, according to
OCAA — M arch 2019OCAA — M arch 2019 - 13 -
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based on their entire payroll, the SEC allowed themto use statistical sampling. The first results wereposted last year.
“This is not some radical new calculation that theyare being asked to do,” said Martin, pointing outthat companies provide a wide range of pay infor-mation to a range of entities and can draw the restof the data from employee tax forms. “They are be-ing asked to submit the data they already collect.”
The demographic data provided to the EEOC isconfidential, and the pay data would be too. Evenso, research suggests the act of measuring and re-porting can have an effect. A study from severalbusiness schools, including INSEAD, ColumbiaUniversity and the University of Copenhagen,found that in Denmark, which requires companieswith over 35 employees to report pay data by gen-der, the gender pay gap shrunk by 7 percent. Andonce the data exists, it becomes a target for activistsand investors. New York City pension funds helpedpressure Goldman Sachs and MetLife to disclosediversity data in 2012, according to the New YorkTimes.
Natasha Lamb, a managing partner at Arjuna Capi-tal, is for similar transparency around pay: Late lastyear, she filed shareholder proposals with 11 banksand tech companies asking them to publicly reporttheir median gender pay gaps. So far, only Citi-group has done so.
“Even if there’s a regulatory mandate from theEEOC, that might help narrow those gaps, but itwon’t make the data transparent to investors,”Lamb said. “We want to be able to measure applesto apples on how companies are doing on narrow-ing those gaps.”
Pedestrian Fatalities Continue to RiseReprinted from www.insurancejournal.com
A new report projects that 6,227 pedestrian fatali-ties occurred in 2018, the highest number in nearlythree decades. Pedestrians will account for 16 per-cent of all traffic deaths in 2018, compared to 12percent in 2008.
While advancements in motor vehicle safety andtechnology have increased survivability for vehicleoccupants involved in crashes, pedestrians remainjust as susceptible to sustaining serious or fatal inju-ries when struck by a motor vehicle, according to
the report from the Governors Highway Safety As-sociation (GHSA).
GHSA projects the four percent increase in thenumber of pedestrians killed based on reports fromstates of pedestrian fatalities for the first six monthsof 2018.
Despite the overall rise, 23 states saw declines inpedestrian fatalities for the first half of 2018 com-pared to 2017, with six states reporting double-digitdeclines and three reporting consecutive years ofdeclines. Additionally, sharp decreases in pedes-trian fatalities in some cities suggest that state-leveldata may obscure local success stories, according tothe report.
An increase in walking appears to have increasedexposure. One survey cited in the report estimatedthat the number of Americans walking to work hasincreased about four percent between 2007 and2016.
Most pedestrian fatalities take place on local roads,at night, away from intersections. Nighttime crashesaccount for more than 90 percent of the total in-crease in pedestrian deaths.
“While we have made progress reducing fatalitiesamong many other road users in the past decade,pedestrian deaths have risen 35 percent,” notedGHSA Executive Director Jonathan Adkins. “Thealarm bells continue to sound on this issue; it’sclear we need to fortify our collective efforts to pro-tect pedestrians and reverse the trend.”
Report author Richard Retting said there are infra-structure, engineering and behavioral strategies thatreduce pedestrian deaths. “Critical improvements toroad and vehicle design are being made, but takesignificant time and resources to implement,” henoted.
- 15 -
Thenell Law Group lawyers and staff arecommitted to your insurance-related legal needs.
With offices in Portland, Oregon and Seattle, Washington, the firm’s practice areasinclude First & Third-Party SIU, Bad-Faith Litigation, Insurance Coverage Disputes,
Construction Litigation, Products Liability, Personal Injury Defense, General Liability,Property, Fire & Casualty Claims, Directors and Officers Litigation, Errors and
Omissions Litigation, Cyber Litigation, Subrogation, and representation ofpolice officers and their associations.
Applying SIU roots and unique talents in a case by case approach, TLG not only advisesits clients about the law, but provides practical solutions they can utilize every day. TLG
goes the extra mile to give its clients the ability to make informed and educateddecisions, and to offer creative solutions to complicated legal problems.
Thenell Law Group provides you with options,solutions and a partnership for success.
OCAA — M arch 2019OCAA — M arch 2019
the report from the Governors Highway Safety As-sociation (GHSA).
GHSA projects the four percent increase in thenumber of pedestrians killed based on reports fromstates of pedestrian fatalities for the first six monthsof 2018.
Despite the overall rise, 23 states saw declines inpedestrian fatalities for the first half of 2018 com-pared to 2017, with six states reporting double-digitdeclines and three reporting consecutive years ofdeclines. Additionally, sharp decreases in pedes-trian fatalities in some cities suggest that state-leveldata may obscure local success stories, according tothe report.
An increase in walking appears to have increasedexposure. One survey cited in the report estimatedthat the number of Americans walking to work hasincreased about four percent between 2007 and2016.
Most pedestrian fatalities take place on local roads,at night, away from intersections. Nighttime crashesaccount for more than 90 percent of the total in-crease in pedestrian deaths.
“While we have made progress reducing fatalitiesamong many other road users in the past decade,pedestrian deaths have risen 35 percent,” notedGHSA Executive Director Jonathan Adkins. “Thealarm bells continue to sound on this issue; it’sclear we need to fortify our collective efforts to pro-tect pedestrians and reverse the trend.”
Report author Richard Retting said there are infra-structure, engineering and behavioral strategies thatreduce pedestrian deaths. “Critical improvements toroad and vehicle design are being made, but takesignificant time and resources to implement,” henoted.
- 15 -
Thenell Law Group lawyers and staff arecommitted to your insurance-related legal needs.
With offices in Portland, Oregon and Seattle, Washington, the firm’s practice areasinclude First & Third-Party SIU, Bad-Faith Litigation, Insurance Coverage Disputes,
Construction Litigation, Products Liability, Personal Injury Defense, General Liability,Property, Fire & Casualty Claims, Directors and Officers Litigation, Errors and
Omissions Litigation, Cyber Litigation, Subrogation, and representation ofpolice officers and their associations.
Applying SIU roots and unique talents in a case by case approach, TLG not only advisesits clients about the law, but provides practical solutions they can utilize every day. TLG
goes the extra mile to give its clients the ability to make informed and educateddecisions, and to offer creative solutions to complicated legal problems.
Thenell Law Group provides you with options,solutions and a partnership for success.
- 17 -
Internet-Connected Toys May See More Regula-tion — The information these toys collect and thelaws that govern the space.By Dan ClarkReprinted from www.propertycasualty360.com
As household items become increasingly connectedto the internet, children’s toys are no excep-tion. Scott Pink, special counsel at O’Melveny &Myers in the Silicon Valley office, was formerly thegeneral counsel of Prima Games and sees the dataand privacy concerns elevating among families withmore toys being hooked to the internet.
Pink spoke to our sister-publication CorporateCounsel about internet-connected toys, the informa-tion these toys collect and the laws that govern thespace. This conversation has been edited for lengthand clarity.
What are some of the regulations companies whomanufacture and sell internet-connected toysneed to be aware of?
Pink: The primary regulation is a federal law calledthe Children’s Online Privacy Protection Act, whichregulates the collection of personal data from a childunder 13 years old. That would be the primary fed-eral law that governs children’s privacy. In additionto that, there are sort of general privacy laws thatwould apply to the collection of data in general suchas California’s Online Privacy Protection Act; thereis the new privacy law that is coming into effect in2020. There are elements of those kinds of statelaws that could also apply if you’re collecting datafrom someone between 13 and 19.
What kind of data is being collected from theseinternet-connected toys?
Pink: The definition of personal data was expandedin 2013 to the COPPA rule by the [Federal TradeCommission]. It’s pretty broad. There are some ob-vious things like first and last name or contact infor-mation. It could also include things like if it’s anapp or a toy that might require you to enter a user-name or a screen name. It includes specific identifi-ers. There are also things like photographs andvideo or audio files that contain a child’s image orvoice. The toys sometimes collect geolocation infor-mation.
Would the best advice for these manufacturersbe to not retain that information? Or is there a
OCAA — M arch 2019OCAA — M arch 2019 - 17 -
Internet-Connected Toys May See More Regula-tion — The information these toys collect and thelaws that govern the space.By Dan ClarkReprinted from www.propertycasualty360.com
As household items become increasingly connectedto the internet, children’s toys are no excep-tion. Scott Pink, special counsel at O’Melveny &Myers in the Silicon Valley office, was formerly thegeneral counsel of Prima Games and sees the dataand privacy concerns elevating among families withmore toys being hooked to the internet.
Pink spoke to our sister-publication CorporateCounsel about internet-connected toys, the informa-tion these toys collect and the laws that govern thespace. This conversation has been edited for lengthand clarity.
What are some of the regulations companies whomanufacture and sell internet-connected toysneed to be aware of?
Pink: The primary regulation is a federal law calledthe Children’s Online Privacy Protection Act, whichregulates the collection of personal data from a childunder 13 years old. That would be the primary fed-eral law that governs children’s privacy. In additionto that, there are sort of general privacy laws thatwould apply to the collection of data in general suchas California’s Online Privacy Protection Act; thereis the new privacy law that is coming into effect in2020. There are elements of those kinds of statelaws that could also apply if you’re collecting datafrom someone between 13 and 19.
What kind of data is being collected from theseinternet-connected toys?
Pink: The definition of personal data was expandedin 2013 to the COPPA rule by the [Federal TradeCommission]. It’s pretty broad. There are some ob-vious things like first and last name or contact infor-mation. It could also include things like if it’s anapp or a toy that might require you to enter a user-name or a screen name. It includes specific identifi-ers. There are also things like photographs andvideo or audio files that contain a child’s image orvoice. The toys sometimes collect geolocation infor-mation.
Would the best advice for these manufacturersbe to not retain that information? Or is there a
- 19 -
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way to retain this information and still be incompliance with these data privacy laws thatgovern children’s personal information?
Pink: There a couple of considerations. First of allyou need to determine what type of information youneed to make the device. If there is information youneed to make the device usable, that’s informationyou need to collect and perhaps retain for as long asthe person uses the device. Typically my advicewould be to collect what you need, and if you deter-mine that the device is targeted at children, youneed to provide notice to get their consent to thedata collection. I wouldn’t say not to collect anydata. I would say that if you do have to collect dataand if you do want to collect data for somethinglike marketing, then you need to make sure you fol-low the COPPA rules, which are to provide noticeand get parental consent.
Are companies, in your opinion, paying attentionto the COPPA rules and making sure notices aregoing out with the internet-connected toys?
Pink: I think the more sophisticated and mature toycompanies are very well aware of COPPA. In par-
ticular because there are a number of consumerwatchdogs that are very focused on children’s pri-vacy. I think the more responsible companies under-stand the requirements of COPPA and try to makesure that they’re getting consent. But there are com-panies that have not done that, and it could be inad-vertent or intentional, but in either case you can endup on the wrong side of a regulatory action by theFTC. I think the responsible companies are aware ofthis and try to make sure that they’re following therules.
Does COPPA include any specifications over howa company should be handling its cybersecurity?
Pink: COPPA does not have any security standard. Ithink California has a law that’s coming into effectin 2020, which requires any kind of “internet ofthings” device has to have reasonable security. Thatlaw would theoretically apply to these kinds of toys.I would say the general principal that has evolvedbased on regulatory action from the FTC and theevolution of the California law is that your securityis supposed to be designed in a way to protect infor-mation in accordance to sensitivity. For example,children’s information might be deserving of greaterprotection than perhaps email addresses in generalof adults. This kind of information would warrant amore rigorous type of security just because of therisks to the individual.
California is sort of leading the trend toward morerobust data security requirements, so I would sug-gest that anybody operating in the field of the inter-net of things or internet-connected toys keep an eyeon what’s going on in California and whether otherstates might follow their lead.
OCAA — M arch 2019OCAA — M arch 2019 - 19 -
www.facebook.com/OregonClaimsAdjusters
way to retain this information and still be incompliance with these data privacy laws thatgovern children’s personal information?
Pink: There a couple of considerations. First of allyou need to determine what type of information youneed to make the device. If there is information youneed to make the device usable, that’s informationyou need to collect and perhaps retain for as long asthe person uses the device. Typically my advicewould be to collect what you need, and if you deter-mine that the device is targeted at children, youneed to provide notice to get their consent to thedata collection. I wouldn’t say not to collect anydata. I would say that if you do have to collect dataand if you do want to collect data for somethinglike marketing, then you need to make sure you fol-low the COPPA rules, which are to provide noticeand get parental consent.
Are companies, in your opinion, paying attentionto the COPPA rules and making sure notices aregoing out with the internet-connected toys?
Pink: I think the more sophisticated and mature toycompanies are very well aware of COPPA. In par-
ticular because there are a number of consumerwatchdogs that are very focused on children’s pri-vacy. I think the more responsible companies under-stand the requirements of COPPA and try to makesure that they’re getting consent. But there are com-panies that have not done that, and it could be inad-vertent or intentional, but in either case you can endup on the wrong side of a regulatory action by theFTC. I think the responsible companies are aware ofthis and try to make sure that they’re following therules.
Does COPPA include any specifications over howa company should be handling its cybersecurity?
Pink: COPPA does not have any security standard. Ithink California has a law that’s coming into effectin 2020, which requires any kind of “internet ofthings” device has to have reasonable security. Thatlaw would theoretically apply to these kinds of toys.I would say the general principal that has evolvedbased on regulatory action from the FTC and theevolution of the California law is that your securityis supposed to be designed in a way to protect infor-mation in accordance to sensitivity. For example,children’s information might be deserving of greaterprotection than perhaps email addresses in generalof adults. This kind of information would warrant amore rigorous type of security just because of therisks to the individual.
California is sort of leading the trend toward morerobust data security requirements, so I would sug-gest that anybody operating in the field of the inter-net of things or internet-connected toys keep an eyeon what’s going on in California and whether otherstates might follow their lead.
OCAA — M arch 2019OCAA — M arch 2019
Send your completed application, along with your check payable to:OCAA — PO Box 87, Dexter, OR 97431
Application is: (Check one) Renewal ______ New ______ Change ______ Referred by ______________________Applicant is: (Check one) Active Member Associate Member —
You qualify for membership if you are an You qualify for this type of membership if you are any person employed by an insuranceActive Claims Adjuster (all lines) or company or self-insured entity engaged as ACTIVE SUPPORT STAFF in the adjusting ofa Claims Supervisor Insurance Claims; or if you are an Attorney, Private Investigator, Fire Origin & Cause
Expert, Forensic Engineer, Forensic Accountant, whose work involves insurance defense
Honorary Member — OCAA Past President Retired Retired — Any Claims Adjuster or Supervisor retiring while an Active Member
If you do not qualify for membership in the OCAA, please visit the OCAA website at www.oregoncasualtyadjusters.org,click on the Vendor Partner page then click on "Advertise with Us" for information on how to become a Vendor Partner.
Name__________________________________________ Job Title_______________________________________
Company______________________________________ Property Casualty Auto Work Comp Other
Address____________________________________ City____________________ State_____ Zip________________
Work Telephone __________________x______ Email_________________________________________________Newsletter and other OCAA communications will be sent to this email address
OCAA ANNUAL MEMBERSHIP APPLICATION FOR 2018-19 AUGUST 1, 2018 TO JULY 31, 2019
NEW MEMBERSHIP AND RENEWALS$30.00
OREGON CLAIMS ADJUSTERS association
Next OCAA Meeting isApril 9, 2019See page 2
Mark Your Calendar ~ OCAA Symposium in April
What is the OCAA Symposium? The symposium was started in 1977 when the OCAA negotiated with the Oregon State Insur-
ance Division to host an annual educational symposium in lieu of mandatory continuing edu-cation. The one-day symposium consists of one morning keynote speaker on a topic pertinentto today’s claim adjuster, and two afternoon break-out sessions with up to six topics to chosefrom, all of which meet the continuing educational needs of the property and casualty adjuster.The event also hosts a trade area where industry vendors provide information on their productsand services, which in turn financially supports the event helping to keep adjuster registrationfees at a minimum.
When is the Symposium? It is typically held in the Spring of each year, usually on a Thursday.This year it will be held on April 25.
Where is the Symposium held? For the past several years the event has been held at the Holiday Inn Express
in Wilsonville, Oregon, conveniently located off of I-5.
Are there CE credits available? On occasion CE credits have been applied for on some of our topics, but not always. We do provide a Certificate of Attendance
that you can take back to your employer if they require one.
Can I participate as a vendor in the trade area? If you advertise in the monthly OCAA newsletter (referred to as a Vendor Partner) then you have thefirst opportunity to reserve a space in the trade area but only until a certain date. After that date, anyvendor can apply and will be assigned a space only if available and in the order their application isreceived, provided payment accompanies the application.
What other opportunities are there for vendors? We have several levels of sponsorship available; each level offers a
different set of marketing opportunities.
When will registration materials and vendor/sponsor applications be available? AVAILABLE NOW! Visit the calendar page of our website for vendor and attendee registration links:
www.oregoncasualtyadjusters.org/calendar.html.
Do I have to be a member of OCAA in order to attend? NO! The symposium is open to anyone. If you are in insurance claims, then membership in OCAA is encouraged, and for as little
as $25 in dues you can join OCAA and attend the symposium at no additional cost. Otherwise, cost for non-members is $50.
Who do I contact for more information about the Symposium? You can contact the symposium chairpersons listed on the Officer/Committee page of our newsletter or website, or contact our
Symposium Coordinator, Barb Tyler, at [email protected].
- 20 -
Find us conveniently at:
www.oregoncasualtyadjusters.orgwww.facebook.com/OregonClaimsAdjusters
OCAA Meeting Minutes January 2019Past Presidents in attendance were Judy Daufel, Mike Mead-ows. Guest in attendance was Ron Wright.
Reading of Minutes: Waived
Report of Treasurer: $5,927.87 Bank Balance; $2,638.00Scholarship Fund
Committee Reports:
— Bowling February 22. Carol passed out the flyer for theevent. The event is scheduled for 1-3pm. Theme will be funand friendship. Spouses and Friends invited. Sign up online.
— Symposium April 25 Thursday Wilsonville Holiday Inn.Need volunteers. Discussion of the Sessions, Vendors, Lunchand Dinner.
New Business: Next lunch meeting February 12, Old SpaghettiFactory.
General Discussion: Discussion on having other organizationsjoin our meetings; SIU organizations, CPCU organizations.
Speaker: John Bachofner of Jorday Ramis PC “Updates inUIM/PIP”.
Member Drawing: Brian Beaudry $150.00.
Raffle Winner: Judy Daufel $25.00 Old Spaghetti Factory giftcard.
Respectfully Submitted by Brian Beaudry, Secretary.
Find your legislative representative or track a bill athttp://gov.oregonlive.com
- 21 -
To submit an article to this publication contact BarbTyler at [email protected]. Length of the article is notas important as its content, which should be pertinent to
today’s claim professionals.
OCAA — M arch 2019OCAA — M arch 2019
Send your completed application, along with your check payable to:OCAA — PO Box 87, Dexter, OR 97431
Application is: (Check one) Renewal ______ New ______ Change ______ Referred by ______________________Applicant is: (Check one) Active Member Associate Member —
You qualify for membership if you are an You qualify for this type of membership if you are any person employed by an insuranceActive Claims Adjuster (all lines) or company or self-insured entity engaged as ACTIVE SUPPORT STAFF in the adjusting ofa Claims Supervisor Insurance Claims; or if you are an Attorney, Private Investigator, Fire Origin & Cause
Expert, Forensic Engineer, Forensic Accountant, whose work involves insurance defense
Honorary Member — OCAA Past President Retired Retired — Any Claims Adjuster or Supervisor retiring while an Active Member
If you do not qualify for membership in the OCAA, please visit the OCAA website at www.oregoncasualtyadjusters.org,click on the Vendor Partner page then click on "Advertise with Us" for information on how to become a Vendor Partner.
Name__________________________________________ Job Title_______________________________________
Company______________________________________ Property Casualty Auto Work Comp Other
Address____________________________________ City____________________ State_____ Zip________________
Work Telephone __________________x______ Email_________________________________________________Newsletter and other OCAA communications will be sent to this email address
OCAA ANNUAL MEMBERSHIP APPLICATION FOR 2018-19 AUGUST 1, 2018 TO JULY 31, 2019
NEW MEMBERSHIP AND RENEWALS$30.00
OREGON CLAIMS ADJUSTERS association
Next OCAA Meeting isApril 9, 2019See page 2
Mark Your Calendar ~ OCAA Symposium in April
What is the OCAA Symposium? The symposium was started in 1977 when the OCAA negotiated with the Oregon State Insur-
ance Division to host an annual educational symposium in lieu of mandatory continuing edu-cation. The one-day symposium consists of one morning keynote speaker on a topic pertinentto today’s claim adjuster, and two afternoon break-out sessions with up to six topics to chosefrom, all of which meet the continuing educational needs of the property and casualty adjuster.The event also hosts a trade area where industry vendors provide information on their productsand services, which in turn financially supports the event helping to keep adjuster registrationfees at a minimum.
When is the Symposium? It is typically held in the Spring of each year, usually on a Thursday.This year it will be held on April 25.
Where is the Symposium held? For the past several years the event has been held at the Holiday Inn Express
in Wilsonville, Oregon, conveniently located off of I-5.
Are there CE credits available? On occasion CE credits have been applied for on some of our topics, but not always. We do provide a Certificate of Attendance
that you can take back to your employer if they require one.
Can I participate as a vendor in the trade area? If you advertise in the monthly OCAA newsletter (referred to as a Vendor Partner) then you have thefirst opportunity to reserve a space in the trade area but only until a certain date. After that date, anyvendor can apply and will be assigned a space only if available and in the order their application isreceived, provided payment accompanies the application.
What other opportunities are there for vendors? We have several levels of sponsorship available; each level offers a
different set of marketing opportunities.
When will registration materials and vendor/sponsor applications be available? AVAILABLE NOW! Visit the calendar page of our website for vendor and attendee registration links:
www.oregoncasualtyadjusters.org/calendar.html.
Do I have to be a member of OCAA in order to attend? NO! The symposium is open to anyone. If you are in insurance claims, then membership in OCAA is encouraged, and for as little
as $25 in dues you can join OCAA and attend the symposium at no additional cost. Otherwise, cost for non-members is $50.
Who do I contact for more information about the Symposium? You can contact the symposium chairpersons listed on the Officer/Committee page of our newsletter or website, or contact our
Symposium Coordinator, Barb Tyler, at [email protected].
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Find us conveniently at:
www.oregoncasualtyadjusters.orgwww.facebook.com/OregonClaimsAdjusters
OCAA Meeting Minutes January 2019Past Presidents in attendance were Judy Daufel, Mike Mead-ows. Guest in attendance was Ron Wright.
Reading of Minutes: Waived
Report of Treasurer: $5,927.87 Bank Balance; $2,638.00Scholarship Fund
Committee Reports:
— Bowling February 22. Carol passed out the flyer for theevent. The event is scheduled for 1-3pm. Theme will be funand friendship. Spouses and Friends invited. Sign up online.
— Symposium April 25 Thursday Wilsonville Holiday Inn.Need volunteers. Discussion of the Sessions, Vendors, Lunchand Dinner.
New Business: Next lunch meeting February 12, Old SpaghettiFactory.
General Discussion: Discussion on having other organizationsjoin our meetings; SIU organizations, CPCU organizations.
Speaker: John Bachofner of Jorday Ramis PC “Updates inUIM/PIP”.
Member Drawing: Brian Beaudry $150.00.
Raffle Winner: Judy Daufel $25.00 Old Spaghetti Factory giftcard.
Respectfully Submitted by Brian Beaudry, Secretary.
Find your legislative representative or track a bill athttp://gov.oregonlive.com
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To submit an article to this publication contact BarbTyler at [email protected]. Length of the article is notas important as its content, which should be pertinent to
today’s claim professionals.
OCAA — M arch 2019OCAA — M arch 2019 - 22 - - 23 -
February Bowling @ King Pins . . . . . . . . . . . . . . . . .
Thank you to our Bowling Sponsors . . . . . . . . . . . . . . . . .
Apollo Drain & RooterERS of the Pacific Northwest
EFI GlobalOregon Medical Evaluations
Talbott AssociatesServpro of Hillsboro/Forest Grove
McLarens-NorcrossCornerstone Disaster Repair
OCAA — M arch 2019OCAA — M arch 2019 - 22 - - 23 -
February Bowling @ King Pins . . . . . . . . . . . . . . . . .
Thank you to our Bowling Sponsors . . . . . . . . . . . . . . . . .
Apollo Drain & RooterERS of the Pacific Northwest
EFI GlobalOregon Medical Evaluations
Talbott AssociatesServpro of Hillsboro/Forest Grove
McLarens-NorcrossCornerstone Disaster Repair
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