Put It in Writing, Splitting the Difference & Never Say Yes to the First Proposal

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Griselda Oliver
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1 Negotiation STANDARD The Rules and Were They Come From The Insurance Adjusters Position and Reasoning Presentation Layout to Insurance Adjuster Insurance Company Trend with Policy Final Ways to Have A Resolution Conflict Recording Forms Negotiating Gambits & Tactics Basics The Basics, Flinching & Power Negotiating Tips Nibbling, Hot Potato & Power Negotiating Tips Put It in Writing, Splitting the Difference & Never Say Yes to the First Proposal Never Walk Away, The Power Of Time & Ask for More Than You Expect to Get You Will Have To Do Better Than That, Reading People & Win-Win Negotiating Understanding Body Language & Power Negotiating Tips Body Language Meeting With The Insurance Adjuster Information On Insurance Adjusters Glossary Spy tec IA Negotiating Training IA Negotiating Training Who's In Charge

2 ACV Valuation Actual Cash Value Public Adjusting and Engineers How To Deal With Insurance Adjuster's Writing Authority Poor Workmanship Poor Workmanship Trick Neglect and Maintenance / Sudden and Accidental Live Cases Point To Point To Complete Case A Case B Case C LENDER Lender Law In Releasing Funds Lender Payment To Public Adjuster Letter Writing Template Letters Letters To Clients Letters To Document Cases To Insurance Adjuster The Meli Letters Letter 1 Letter 2 Letter 3 Letter 4

3 Letters 5 & 6 Letter 7 Letter 8 Letter 9 FC&S Association's Battle Plan Library Battle Plan Basics Insurance Company Adjuster Authority Overhead and Profit Cosmetic Damage is "Physical Damage" Warranty Cancelled Direct Physical Loss Act of God Damage to Property of Others Tree Falling on Neighbor's Property Additional Living Expense Property in Self-Storage Locker Loss of Rents Coverage (Dwelling Policy) Loss of Natural Gas from Cracked Pipe Homeowners Additional Living Expense Homeowners Additional Living Expense for Water Back-Up Claim

4 Dry Cleaning, Storage Space as Additional Living Expense Collapse Cost to Remove Collapsed Building from Machinery Collapse Snow Collapse of the Roof Damage to Interior (HO-2) Collapse of Retaining Wall Causing Damage Collapse from Weight of Snow Awnings Collapse During Construction Vehicle Peril as Cause of Collapse Collapse Coverage under a Mobile Home Policy Collapse Coverage on a Homeowners Policy Collapse Coverage Failure of Adhesive Latent Defect Condo Condominium Owners and Loss Assessment Coverage for a Parking Condo Homeowners Homeowners Coverage for a Business's Property Homeowners HO 6 and the Condo Association Policy Deductible Homeowners Loss Assessment How Broad Loss Assessment and Condominium Unit-Owners Coverage Debris Removal Debris Removal Volunteer Expense

5 Deductible Deductible(s) Damage by Wind and Lightning Deductible(s) Damage by Wind and Lightning Loss Assessment Deductible Applied Earth Movement Earth Movement Exclusion Exclusion Pollution Vermin Exclusion Are Raccoons Vermin Water Tank Adjacent to Insured's Property Explosion Peril of Explosion Falling Object Tree Falling on Other's Property Coverage Under Homeowners Fire Additional Living Expense Due to Fire Appraisers No Requirement of Disinterest Fire Department Service Charge Coverage under Homeowners

6 Moving After a Fire Multiple Occurrences Scorching Not a Named Peril Structures What is Attached Ultra-Light Aircraft Fungus Artillery Fungus Damage Hail Hail Ice Damming Ice Dam Coverage under Homeowners Policy Storm Damage Coverage for Ice Damming (HO-2) Weight of Ice or Water Insured Damage Caused by an Insured Damage Done by Visiting Relative Liability Falling Object Damaged by a Vehicle Odds Builder's Warranty to Insured Homeowner

7 Equitable Subrogation Exclusions Typographic Arrangement Important in Interpreting Policy Language Expected or Intended Damage Damage to Friend's Auto Hood Insurable Interest in Contract to Purchase Home Homeowners Coverage for Vacant Land Removal of Oil Tank Vacant Land (Farm land) Other Structures Damage to Liner of In-ground Pool Shrinking Exclusion Forum Homeowners Are Ornamental Gardens Structures Forum Payments Actual Cash Value Actual Cash Value or Replacement Cost on Farm Outbuilding Claim Investigation Expenses Whose Responsibility Claim Payment - When Due Guaranteed Replacement Cost Effect on Other Coverage s Replacement Cost Second Insurer Liable Even if First Insurer Paid Too Much Replacement of Home How is Amount Determined Valuation Actual Cash Value for Antiques is Market Value Personal Property Boat Sinking Personal Property Briefcase Item of Business Property

8 Collectibles as Business Property Coverage for Personal Property while Moving Homeowners Duplicate Contents Coverage Engagement Ring Who Should Insure Exclusion for Loss Caused by Civil Authority Girlfriend's Property under Homeowners Policy, Coverage for Guns Special Theft Limit Applied Homeowners Appraisal of a Property Loss Homeowners Personal Property Inclusion of Sales Tax Is the Overturn of a Farm Tractor Covered Loss under the HO 0015 Minor Children Who Leave Home Personal Property Covered Away from Residence Premises Personal Property in Self-Storage Facility Personal Property Stolen From a Rental Dwelling Personal Property Stolen From Another Residence Personal Property Used to Service the Premises Portable Boat Hoist Where Covered Property Held for Rental Rented Chairs and Tables Scheduled Diamond Ring Coverage for Cracking Student Away at College Homeowners Coverage for Personal Property Water as Personal Property What Constitutes Business Property

9 Power Failure and Damages Artificially Generated Electrical Current Damage to Diamond Ring Rental Damage to Common Areas Under a Tenant Homeowners Roofing Latent Defect Exclusion Water Damage and Temporary Roof Theft & Vandalism Remodeling As Vandalism Dwelling Policy Theft Theft Coverage for Dwelling Being Repaired Theft Coverage for Lost Luggage Theft From Home Not Yet Occupied Theft of Phone Time Insured Loss Theft vs Mysterious Disappearance Vehicle Vehicle as a Cause of Loss Water Excluded Backup or Covered Overflow of Plumbing

10 Exclusion of Wet Rot Homeowners Homeowners Coverage for Mildew Mildew as a Result of Ice Damage Repeated Seepage or Leakage Water Damage to Personal Property Wind Wind Storm Dwelling Falling Rain Differs from Surface Water Going To Appraisal Appraisal Be Appraisal NEW First Appraisal An Introduction To The Appraisal Process Association's Prospective History / Legislative / Judicial Appraisal As Distinct From Arbitration Circumstances Warranting Appraisal Disagreement Necessary Appraisal Where There Are Questions Of Liability Or Coverage Time And Other Benefits

11 In Actions Against Brokers And Agents Scope Of The Issues Covered By The Appraisal Clause Appraisers May Not Exceed Their Commissions Appraisal Of Loss And Value Of Property As Well As Economic Loss And Other Claims Valued Policies And A Total Loss Issues Of Scope Of Loss, Causation And Coverage Issues Of Bad Faith Issues Of Waiver And Estoppel Waiver Of The Appraisal Provision By Claim Denial, Ligation Or Repair Waiver Of Policy Provisions Or Defenses To Liability By Submission To Appraisal Reservation Of Rights To Litigate Liability Waiver Of Right To Participate By Non-Appointment OR Non-Participation Waiver Of Breach Of Contact Claim By Acceptance Of Award Timing Issues When Appraisal Should Be Demanded The Appraisal Agreement Timing Of The Award When The Loss Is Payable Time To Bring Suit Completing Demands

12 The Mechanics Of Demanding An Appraisal The Demand The Appraisal Agreement Remedies If Appraisal Is Wrongfully Refused Failure Of Appraisal The Appraisers Qualifications Disinterested But Permissibly Predisposed Fees The Umpire The Umpire's Qualifications, Duties & Scope Of Authority Fees Written Agreement With The Umpire Court Appointment Of The Umpire When To Appoint The Umpire The Appraisal Generally Consultation Necessary Determining Value Outside Experts Notice Adjournments & Cancellations

13 Hearings & Inspections Appraisal Demand Form 2 Form 3 Appraisal Agreement Form 2 Agreement & Authorization Nominating The Appraiser Declaration Of Appraisers Appraiser s Letter Nominating An Umpire Selection Of The Umpire

14 Qualification Of The Umpire Umpire & Proposed Order Form 2 Form 3 Appraisal Award Form 2 Form 3 Form 4 Form 5 Jury Instruction Form 2 Set Aside An Appraisal Award Going To Court

15 Set The Claim Up For A Law Suit Two Ways To Court NEW Witness / The Claim File What do lawyers call a claim file? Be A Better Witness NEW Under Oath NEW Be a Better Witness: Deposition Basics-Practical Pointers from Preparation to Testimony The Art Of Arguing Your Claim Like An Attorney Why Argue Winning Without Arguing The Pistol That Fires In Both Directions The Incredible Power of Credibility The Power of Listening The Power Of Prejudice The Power of Words Structuring the Winning Argument Opening Them Up How to Present the Winning Argument The Magical Argument The Unbeatable Power Argument The Art Of Arguing How to Ask Leading Questions Like An Attorney How to Ask Leading Questions

16 The Principles Of Cross Examination (0 of 11) INTRODUCTORY THE MANNER OF CROSS-EXAMINATION THE MATTER OF CROSS-EXAMINATION CROSS-EXAMINATION OF THE PERJURED WITNESS CROSS-EXAMINATION OF EXPERTS THE SEQUENCE OF CROSS-EXAMINATION SILENT CROSS-EXAMINATION CROSS-EXAMINATION TO THE FALLACIES OF TESTIMONY CROSS-EXAMINATION TO PROBABILITIES, PERSONALITY OF THE EXAMINER, E TC ROSS-EXAMINATION TO CREDIT, AND ITS ABUSES SOME FAMOUS CROSS-EXAMINERS AND THEIR METHODS Bad Faith Understanding Basics of Bad Faith Texas Case Law Bad Faith Case Complaints Against Insurance Companies In Texas State Farm withdrawing from Florida Bad Faith Information Bad Faith Blog

Association s Silver Member Syllabus

Association s Silver Member Syllabus About This Public Adjusting Training You ve looked for formal public adjuster education. You ve looked for study guides preparing and spent countless hours burning