Web Exchange

Tips for a Successful Mediation

In a video interview with Claims Journal at the Combined Claims Conference, Lee Jay Berman, a mediator at PMA Dispute Resolution, explains how pacing and varying agendas can affect mediations and how adjusters can best prepare for a successful mediation.

The 7 Habits of Highly Effective Coverage Adjusters

In this edition of Claims Insight, Kevin Quinley, founder and principal of Quinley Risk Associates, discusses the habits necessary to be an effective coverage adjuster. He describes why policy analysis is the bedrock of claims handling and reasons why peer reviews, getting the underwriter’s perspective and outside counsel opinions are important.

Tips on Handling HVAC Claims

Sponsored Podcast:
Heating, ventilation and air conditioning unit claims can be tricky for adjusters to handle due to their technical nature. In this podcast sponsored by Donan, Alex Nolan, general manager of lightning investigation, explains why repairs versus replacement should be the norm, issues surrounding R-22 and SEER ratings, and how warranties play into the claims process.

Liability for Allowing Drunk Driving: The Death of Personal Responsibility?

An article by Claims Journal contributor and attorney Gary Wickert generated a number of reader comments.

He writes, “What is the potential civil liability for the inactions of innocent bystanders who fail to take action to prevent friends – or even strangers – from drunk driving?

“Imposing liability on a person for failing to inject himself as a surrogate parent into the life of another person, strangers and friends, is a bad idea. It opens a Pandora’s box of devastatingly bad legal precedent. Our laws reflect our society and, as a society, we are witnessing the slow death of personal responsibility.

“Everyone must be held responsible for their own actions, and no one should ever be held responsible for the acts of another. Turning back lawsuits that try to impose civil liability for failure to prevent another person from making questionable personal choices, including getting in a car drunk, is a meager but necessary first step to reclaiming the important concept of personal responsibility.”

Tom says:

Why not extend the duty to predict the outcome of any malevolent event? Here in Minnesota, within the last few weeks, two intoxicated adults fell asleep outside – one died; the other was nearly frozen solid when found. She survived. Her “roommates” had dropped her off earlier that evening but never made sure she found her way into the house they shared. She was found the next morning half alive on the porch. Are we at a point where the roomies should be held accountable for their inaction? Should we blur the lines willy nilly?