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Association News NetworkMid-Valley Claims
June 2016 Volume XXIII • Number VIwww.MidValleyClaims.org
Serving MVCA Since 1994
at our NEW MEETING VENUE!
The Reserve at Spanos Park
6301 W 8 Mile Rd, Stockton, CA 95219
N E W M E E T I N G
V E N U E !
The Reser ve at
Spanos Park
The Latest onConstruCtion DefeCt Litigation
Join MVCA for our next luncheon meeting of the year
FridayJune 17, 2016
as we welcome guest speaker
Alison W. WinterSenior Counsel
Spinelli, Donald & Nott
Alison W. Winter
2 Mid-Valley Claims Association News Network • June 2016
VICE PRESIDENTSherry Wenograd
Frontier Adjusters(209) 478-1422
2016 MVCA OFFICERS
SECRETARYGaye Bishop
Royalty Restoration Services(209) 529-3110
2016 BOARD MEMBERS
MVCA Rep to the Claims Conference of Northern CaliforniaDeeDee Hintze & Katie Howard
PRESIDENTStaci Moreno
Frontier Adjusters(209) 603-5006
Friday, June 17, 2016Luncheon MeetingAlison W. WinterSpinelli, Donald & Nott
The Latest on Construction Defect Litigation
July 15, 2016 Luncheon Meeting
There is no July 2016 MVCA Golf Tournament
Schedule of 2016 Upcoming Events
Luncheon meetings are held the THIRD FRIDAY of each month \at The Reserve at Spanos Park 6301 W. 8 Mile Rd., Stockton,
except where indicated. www.MidValleyClaims.org
Marvin Wenograd, Bob Bishop, John Tucker, Katie Howard, Jackie Mezeul and Philip Mullen.
August 19, 2016Luncheon Meeting
September 14-16, 201623rd Annual Claims Conference of Northern Californiawww.ClaimsConference.org
October 21, 2016Luncheon Meeting
November 21, 2016Luncheon Meeting
Mid-Valley Claims Association
Alison W. Winter
Mid-Valley Claims Association News Network • June 2016 3
Summer’s Here and the Time Is Rightfor MVCA’n’ in the Heat!
Summer is here, I hope everyone is enjoying some kind of time off to relax in this beautiful weather we are having. First, I would like to thank Hilary Miller, Director of Education and Clinical Outreach, of Hospice of San Joaquin County, for her presentation on the new California “End of Life Option Act”. That law is now in effect as of Thursday, June 9th, granting Californians the right to die. There are some stipulations to this law. The patient must be an adult suffering from a terminal illness with less than six months to live,?? be acting voluntarily when the request is made, and must be mentally and physically competent to self-administer the drug. The patient must also see an attending physician, a consulting physicians and mental health specialist to determine whether the patient qualifies. Thank you again Hilary for your informative presentation. This month we welcome Attorney Alison W. Winter, Senior Counsel at, Spinelli, Donald & Nott.Ms. Winter’s practice includes construction litigation, and she has defended subcontractor trades, general contractors, developers, architects and engineers.
Ms. Winter has a wide-ranging practice, ranging from: Government Entity Representation; Employ-ment Law; Civil Rights/ADA; Personal Injury; Construction Defect; and Business Litigation.I hope everyone will be able to attend this exciting presentation.
Staci Moreno2015-’16 Mid-Valley Claims Association PresidentClaims AdjusterFrontier Adjusters(209) 603-5006 • [email protected]
www.MidValleyClaims.org
June, 2016 Message from 2015-'16 MVCA President Staci Moreno
Once again, our venue has moved to Spanos Golf Course. If you have any questions or concerns, feel free to contact me at (209) 603-5006.See you Friday the 17th.Sincerely, your President,
4 Mid-Valley Claims Association News Network • June 2016
The Mid-Valley Claims Association was honored to have special guest speaker, Hilary Miller, of Hospice of San Joaquin County, address the group at the May 20, 2016 luncheon meeting. Ms. Miller spoke to hospice issues in general, and addressed the new California End of Life Option act a bit, specifically.Hospice, she said, has traditionally been known as the last stop for many people. “We’ve grown into so much more than that, though,” she stated. In addition to the traditional end of life care they provide, their services have grown to be much more ongoing and lasting.She outlined requirements and instances when the new End Of Life Option act would be considered viable, as well. Providing dignity is a key purpose for it. It’s closely modeled after the Oregon law that’s been in place for many years, she said.
Hospice & End of Life Option Law Discussed at May MVCABy Bryan Harrison
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2016 MVCA Vice President, Sherry Wenograd, introduced guest speaker Hilary Miller, of Hospice of San Joaquin County, at the May MVCA luncheon.
May guest speaker Hilary Miller, of Hospice of San Joaquin County.
Hospice Volunteer, Jackie Korbholz; MVCA VP, Sherry Wenograd; guest speaker Hilary Miller; and MVCA President Stacy Moreno.
MVCA President Stacy Moreno, left, with board member Katie Howard, and guest speaker Hilary Miller at the May, 2016 MVCA luncheon meeting.
MVCA member, Lowell Cunningham, of Mountain Valley Appraisers.
Mid-Valley Claims Association News Network • June 2016 5
Purchase your monthly lunch, and pay your annual membership dues online,
directly, at: www.MidValleyClaims.orgOr, for payment by cash or check at the door,
please make your reservations now with 2015-’16 MVCA President Staci Moreno:
209-603-5006, or [email protected]
Just $22 for paid 2016 Members
Join or Renew Now! $28 for Non-Members or
No Reservations
11:30 a.m. check-in Noon - 1:00 p.m. luncheon
Join MVCA for our next luncheon meeting of the year
FridayJune 17, 2016
as we welcome guest speaker
Alison W. WinterSenior Counsel
Spinelli, Donald & Nott
at our NEW MEETING VENUE!
The Reserve at Spanos Park
6301 W 8 Mile Rd, Stockton
Join the Mid-Valley Claims Association for our next luncheon meeting, Friday, June 17, 2016, at our new meeting venue, The Reserve at Spanos Park. MVCA is pleased to welcome guest speaker, Ms. Alison W. Winter, Senior Counsel with the law firm of Spinelli, Donald & Nott, who will be addressing the latest in Construction Defect Litigation.Alison Winter is experienced in complex liti-gation, including handling significant law and motion matters, extensive discovery, drafting
and arguing successful summary judgment motions and serving as lead attorney on party and expert depositions. She is highly successful with representation of clients at bench trial, arbitration and mediation. Her experience also extends to appellate work and construction defect defense of both general contractors and subcontractors. Her areas of practice include: Government Entity Representation; Employment Law; Civil Rights/ADA; Personal Injury; Construction Defect; and Business Litigation.Ms. Winter received her B.A. degree from UC Davis in 2003, and her Juris Doctorate from University of the Pacific, McGeorge School of Law (J.D. 2007).Membership and recognitions include: Sacramento County Bar Association; As-sociation of Defense Counsel of Northern California; Junior League of Sacramento; and Association of Workplace Investigators.Spinelli McDonald & Nott touts experience representing general contractors, devel-opers and subcontractors in construction defects litigation involving custom homes through 200 plus unit condominium and apartment complexes. Working with the best forensic experts in the field, the firm has taken several cases through jury trial and appeal to obtain successful verdicts for its clients. Please purchase your lunch online now so we have an accurate count, or contact MVCA President Staci Moreno to make reservations for payment by check or cash at the door: 209-603-5006.
N E W M E E T I N G
V E N U E !
The Reser ve at
Spanos Park
Alison W. Winter
The Latest onConstruCtion DefeCt Litigation
6 Mid-Valley Claims Association News Network • June 2016
Mid-Valley Claims AssnNewsNet Services DirectoryCONTRACTORS-MICROBIAL REMEDIATIONAMERICAN TECHNOLOGIES, INC. - Barry Metcalf8440 Elder Creek Road [email protected] • (916) 388-2440Sacramento, CA 95828 Fax (916) 388-2445BELFOR USA - Grant Cody3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302Elk Grove, CA 95758 [email protected]. STEPHENS ENVIRONMENTAL, INC. - Jason Kettlehut3278 Swetzer Road www.pwstephensinc.com • (916) 212-2962Loomis, CA 95650 [email protected] - FORENSICCOMPLERE ENGINEERING GROUP, INC. - Gene Wilkins, P.E.Fire C&O, Property Liability, Thermography, Structural, Combustion Safeguards4230 Kiernan Av., Suite 210 [email protected] • (209) 545-8165Modesto, CA 95356 www.complere.com • Fax (209) 545-8170ENVIRONMENTAL TESTING & CONSULTINGSIERRA ENVIRONMENTAL TESTING & CONSULTING, INC. P. O. Box 1563 www.SierraEnviro.com • (209) 366-3684Woodbridge, CA 95258 Fax (866-612-8294FIRE INVESTIGATORS FIRE CAUSE ANALYSIS - Ulises Castellon, CPCUThroughout California, (800) 726-5939 • Fax: (510) 649-3099Nevada, Arizona, Oregon & N. Dakota [email protected] REMOVALNATIONWIDE OVERSPRAY - Eric Gerencser Benicia, California www.overspray.net • (925) 408-5909Safe Overspray Removal [email protected] • (800) 345-1269 PROPERTY RESTORATION-CLOTHING SPECIALISTFRSTeam by CUSTOM COMMERCIAL - Jim Nicholas910 Striker Avenue, Suite E (800) 80-SMOKE • (916) 920-0482Sacramento, CA 95834 Fax (916) 920-0483PROPERTY RESTORATION/CONTENTSAMERICAN TECHNOLOGIES, INC. - Barry Metcalf8440 Elder Creek Road [email protected] • (916) 388-2440Sacramento, CA 95828 Fax (916) 388-2445BELFOR USA - Grant Cody3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302Elk Grove, CA 95758 [email protected] VITAL RESTORATION, INC. (a division of Mark Scott Construction, Inc.) 241 Frank West Cir. 1-800-944-0502 Stockton, CA 95206 [email protected]
CONTRACTORS - ASBESTOS/LEAD/MOLD REMEDIATIONAMERICAN TECHNOLOGIES, INC. - Barry Metcalf8440 Elder Creek Road [email protected] • (916) 388-2440Sacramento, CA 95828 Fax (916) 388-2445BELFOR USA - Grant Cody3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302Elk Grove, CA 95758 [email protected] ENVIRONMENTAL, INC. - John Moore & the JM TeamPO Box 2189 www.jmenvironmental.net • (916) 726-0304Granite Bay, CA 95746-2189 Fax (916) 726-0340P.W. STEPHENS ENVIRONMENTAL, INC. - Jason Kettlehut/Jackie Mezeul3278 Swetzer Road www.pwstephensinc.com • (916) 212-2962Loomis, CA 95650 [email protected] - ELECTRICALTUCKNOTT ELECTRIC CO. - Robert A. Tucknott, CFLCForensic Electrical Expert [email protected] • (925) 931-0800 www.Tucknott.com • Fax (925) 931-0817CONTRACTORS - GENERAL RESTORATIONBELFOR USA - Grant Cody3132 Dwight Rd Ste 300 (209) 339-4301 • Fax (209) 339-4302Elk Grove, CA 95758 [email protected] CONSTRUCTION4601 Spyres Way Suite 1 (209)491-2620Modesto, CA 95454 [email protected] • (209)581-0149MARK SCOTT CONSTRUCTION 241 Frank West Cir. www.MSConstruction.com • (209) 982-0502 Stockton, CA 95206 [email protected]
The Mid-Valley Claims Association News Network© is a production of Association News Net-work, Inc. Published monthly as a free service to the MVCA with a commitment and dedication to the promotion and betterment of this professional organization. The views and comments expressed within the articles herein do not necessarily reflect the views of A.N.N., Inc. or MVCA. We assume no responsibility for any opinions and/or statements offered by contributing authors to the publication. Acceptance of advertising material does not constitute endorsement of the products or services offered. We reserve the right to reject any advertising copy or placement. We encourage industry support of this professional organization - its monthly newsletter publication and web site. Go to: www.MidValleyClaims.org
© 1994-2016, all rights reserved • Association News Network, Inc. • www.AssociationNewsNetwork.com 2455 Naglee Rd. #263 . Tracy, CA 95304 • 209.229.8240
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Run Your Ad Network-Wide for a net rate of just $180/mo.Next Deadline for submissions is June 24, 2016
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POSITIONS AVAILABLEPROJECT MANAGER(S)ATI - American Technologies Inc’s Sacramento Office is looking for professional Project Manager(s) skilled in estimating and managing property repair losses. Also looking for a PM that can estimate and manage contents losses. Must be proficient in Xactimate. IICRC train-ing and certifications a plus. Check us out on-line at: www.ATIrestora-tion.com. Contact: Office Manager Raquel Romine: 916-388-2440, C: 916-214-7654, [email protected].
CLAIMS INDUSTRY PLACEMENTSGary E. Mingus, GEM Search Group provides both Temporary, Temp to Hire and Direct Hire placements in the Insurance Industry also, placing Vendors related to the Insurance Industry. Call Gary Mingus 866-935-4426 or email to [email protected]. Serving the Insurance Industry since 1995.
Mid-Valley Claims Association News Network • June 2016 7
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More Than Two Dozen Charged in Staged Collision Auto Insurance Fraud SchemeElaborate organized ring, one of the largest in Fresno historyFRESNO, Calif. - In one of the larg-est arrest operations in Fresno his-tory, detectives from the California Department of Insurance, fanned out across the valley and southland areas to arrest more than two dozen people on multiple felony counts of insurance fraud for allegedly staging auto collisions to scam more than four insurance companies out of tens of thousands of dollars. The suspects allegedly submitted 26 fraudulent insurance claims total-ing more than $140,000. Once the
insurers paid the claim, the suspects pocketed the proceeds and did not repair damaged vehicles. Department of Insurance detectives, along with Fresno County District Attorney in-vestigators, launched an investigation after receiving suspected fraud refer-rals from the insurance company. The California State Automobile Association Insurance Group was instrumental in assisting detectives with uncovering the fraud. “California is ground zero for auto insurance fraud,” said Insurance
Commissioner Dave Jones. “Insurance fraud costs insurers billions every year and those costs are all passed along to consumers through higher insurance premiums. Bottom line-everyone pays for insurance fraud.” Evidence revealed the suspects or-chestrated an elaborate scheme to defraud insurers with paper collisions that never occurred or by intention-ally damaging vehicles to submit fraudulent claims. The organized ring recruited some co-conspirators with promises of cash or fixing their
previously damaged vehicles. Another element of scheme included stealing people’s identities to submit fraudu-lent claims.Suspects were booked into the Fresno County Jail. The Fresno County Dis-trict Attorney is prosecuting this case.As of 5/10/16, 15 suspects are in custody with more arrests to come.Arrest photos can be viewed on CDI’s Flickr: https://www.flickr.com/photos/ca_dept_insurance/albums/72157667803920982
Man Convicted Second Time for Seniors Investment ScamAuthorities concerned there are more victims VENTURA, Calif. - Rod Scott Hormell, 59, of Ventura, pleaded guilty on May 23, to two felony counts, including fraudu-lent sale of securities and theft from an elder with a special enhancement for theft over $100,000. Hormell was sentenced to five years in state prison and ordered to pay $100,000 restitution to his victim.Acting as a financial planner, Hormell convinced a woman in 2003 to invest
$100,000 in RRV Group, which he represented as a senior board and care housing development, which turned out to be a scam. Hormell kept the rouse go-ing by sending the victim spreadsheets that reflected a profit for her investment.After the victim passed away, her daugh-ter and only beneficiary, attempted to contact Hormell, but was unable to locate him. An Internet search led her to find Hormell was convicted for financial
crimes against seniors in 2013.The victim's daughter contacted the Ventura County Sheriff 's office, which led to an investigation by the Sheriff 's Major Crimes Division. After a search warrant uncovered insurance docu-ments, the Sheriff called on the Depart-ment of Insurance Investigation Divi-sion for their insurance crime expertise. Evidence revealed there was no senior board and care housing development and the security was a fraud. Hormell was convicted of a similar financial elder abuse crime in 2013 where she sacted as an elderly woman's financial planner and scammed her out of $65,000. Following Hormell's first conviction in 2013, the Department of Insurance permanently revoked his agent's license-a revocation he defied when he continued targeting seniors with his investment and financial plan scams."Hormell is every consumer's worst nightmare," said Insurance Commis-
sioner Dave Jones. "After being con-victed once and having his agent license permanently revoked, he continued to defy the revocation and heartlessly scam seniors." Hormell was arrested May 11, 2015 on the new charges and remained incarcer-ated until his conviction this week.Authorities are concerned Hormell may have more victims that are unaware they are holding bogus investment securities. Anyone who used Hormell as a financial planner should contact the Department of Insurance toll-free hotline at 800-927-4357.The Department of Insurance has issued an Insurance Wide Industry Ban and Cease and Desist Order to Hormell, which bars him from transacting in-surance business. Formal sentencing is scheduled for June 21 in Ventura County Superior Court.This case was prosecuted by the Ventura County District Attorney's office.
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N E W M E E T I N G
V E N U E !
The Reser ve at
Spanos Park
The Latest onConstruCtion DefeCt Litigation
Join MVCA for our next luncheon meeting of the year
Friday, June 17, 2016Alison W. Winter
Senior CounselSpinelli, Donald & Nott
Alison W. Winter