P.O. Box MLK Jr. Drive Fort Valley, GA Toll Free Fax
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1 P.O. Box MLK Jr. Drive Fort Valley, GA Toll Free Fax
2 WE WANT TO HELP YOU STAY IN BUSINESS, GET YOUR INSURANCE FOR FREE, AND TAKE YOUR INSPECTION BUSINESS TO THE NEXT LEVEL WITH THE ALLEN ADVANTAGE CLAIMS MANAGEMENT CORRECT FROM THE START Who handles your claims? Does the adjuster adjust an auto accident one day and a home inspector claim the next day? Does the lawyer assigned to protect your interest have experience in home inspector lawsuits? Mike Casey Past President of CREIA and ASHI Mike of Michael Casey and Associates and Director of Education for the Home Inspection University adjusts our claims and has been doing so forever! OUR LAWYERS HAVE THE EXPERIENCE in home inspector lawsuits and not just assigned from some pool of lawyers! Additionally, remember you always have unlimited in-house claims assistance with Bob Pearson. bob@allenins.com
3 ALLEN INSURANCE GROUP Why Choose the Allen Insurance Group? We have been insuring inspectors since 1992 Simply Superior Service - In House Claims Assistance If you have a claim Mike Casey with Michael Casey Associates will be your Adjuster!!!!! Policies you can grow with all our policies cover multiple Inspectors We speak your language our Executive Director, Bob Pearson, was a home inspector from 1985 to 2000 our President was a hands on home builder INFO ON OUR PREMIER POLICY CLAIMS MADE Of course we cover: Errors and Omissions and General Liability Each with it s own limits Referral Coverage (we are the inventors of referral coverage) Residential and Unlimited Commercial Inspections Incidental Coverage for Radon, Termite and Lead Based Paint when not performing the same Water and Septic Testing Carbon Monoxide ie poisoning from Pool and Spa Inspections EIFS Inspections Unlimited In-House Claims Assistance and Risk Management The following coverage s are included at no additional cost. RADON TESTING LEAD BASED PAINT TESTING TERMITE INSPECTIONS 203K CONSULTING COURSE OF CONSTRUCTION CODE INSPECTIONS DRAW INSPECTIONS LOG HOME INSPECTIONS INDOOR AIR QUALITY ENERGY AUDITS INSURANCE INSPECTIONS MOLD TESTING ASBESTOS TESTING SENIOR SAFETY INSPECTIONS INFRARED INSPECTIONS OCCUPANCY INSPECTIONS WIND MITIGATION INSPECTIONS (If you have 3 years inspection OR construction experience) (25% surcharge without experience) FINANCING IS AVAILABLE 12.6% down with 9 monthly payments. Finance Agreement will be included in quote. Credit cards are welcome with a 2% processing fee
4 This is a sample of a brochure that comes with our E&O Policies REAL ESTATE AGENTS and BROKERS ARE YOU PROTECTED WHEN YOU REFER A HOME INSPECTOR? YES! When you refer a Home Inspector participating in the NARREP sponsored Home Inspector Insurance Program All Insurance Policies to NARREP Members Have This Endorsement: LIMITED ADDITIONAL INSURED ENDORSEMENT REFERRALS Insurers agree to extend coverage provided by this Policy to include the referring Real Estate Agent or Broker, Realtor, Lending Institution, Relocation company and/or Real Estate Attorneys and their agents or employees to indemnify the referring Real Estate Agent or Broker, Realtor, Lending Institution, Relocation Company and/or Real Estate Attorneys and their agents or employees for those sums they become legally obligated to pay by reason of damages arising out of any Occurrence occurring during the policy period, provided all Claims are referred to Insurers for consideration and investigation There is no deductible to the referring party Why Refer Anyone Else To Do Inspections? Your Participating NARREP Home Inspector is: Important Note This brochure offers only a brief description of types of insurance coverage available. It is only a summary and is not intended to represent a contract. For complete information, please refer to your policy for specific coverages. This is only a brief description of coverage available under the Policy. The Policy contains limitations and exclusions. Full details of coverage are contained in the Policy. If there are any conflicts between this document and the Policy, the Policy shall govern.
5 All Allen Insured s get membership in InterNACHI And receive all of the great benefits! Please note that we always recommend maintaining your regular association membership(s) this is just to give you access to all of the great online training, etc. How to do so will come with your policy.
6 MOLD RELATED CLAIMS AND RISK MANAGEMENT There has been a significant increase in Mold claims and general water penetration claims across the industry. A Mold claim can put you out of business as they can be very costly and insurers may deny you insurance coverage after such a claim. Inspectors do not have Mold claims when a Mold test is done, and they have far reduced Mold claims when a Mold test is offered. Offer the service and have the service rejected in writing via your inspection agreement or an addendum to the agreement. Included at the end of this document is my sample inspection agreement that has sample wording to this effect. You can register for free at and take their 2 hour online Mold training for Mold testing. Additional Services to be provided: Radon Testing Accept Decline Lead Based Paint Testing Accept Decline Termite(WDO/WDI) Inspection Accept Decline Wind Mitigation Inspections Accept Decline Indoor Air Quality including Mold Testing Accept Decline 4 Point Insurance Inspections Accept Decline You have specifically declined inspections or test not marked even though they were recommended to you. Sample of how to offer additional services in your inspection agreement. DON T ALREADY OFFER MOLD TESTING? Here s a great deal for Allen Insurance Clients: Nathan@nathan.tv for the Allen Insurance Mold Testing Starter package and for only $200 you will get a pump, testing supplies, 5 FREE mold test, and even a couple of overnighting packages from InspectorLab.
7 Have additional protection in the event of a claim with the only licensed and compliant warranty service for Home Inspectors from The Inspector Services Group-provider of Marketing and Risk Management products to over 5500 home inspectors including most all of the top 20% in the industry by volume. ISG also has several Great Warranty Programs to help protect you and your clients. Every Allen Insurance Insured Inspector gets a FREE 6 month trail of any new service. (Termite Protection Plan available even if you do not perform a Termite Inspection.) (Mold Protection Plan available even if you do not perform a Mold inspection.) The cost for all of these warranties combined starts as low as $20 after your trail period ends. Contact Mike Doerr at MDOERR@RWSWARRANTY.COM on how to enroll.
8 NOW HOW WILL YOU GET $1,500 OF YOUR DEDUCTIBLE REIMBURSED?! Allen Insurance Clients qualify for an incredible offer with Inspector Services Group. You get $1,500 of your deductible reimbursed with just the RecallChek and 90 Warranty Programs. It reduces your risk substantially (around 90% reduction in claims we have seen over the years). Mike Doerr for more details at
9 We recommend having a Limitation of Liability Clause in your inspection agreement along with an arbitration clause. This is very important to help Mike Casey and our lawyers get you out of a situation quickly and cheap. The below wording can be found included in my sample agreement. Sample of Limitation of Liability Clause: Due to the nature of the services we are providing, it is difficult to foresee or determine (at the time this Agreement is formed) potential damages in the event of negligence or breach of this Agreement by us. Thus, if we fail to perform the Services as provided herein or are careless or negligent in the performance of the Services and/or preparing the Report, our liability for any and all claims related thereto is limited to the fee paid for the Services (unless contrary to state law), and you release us from any and all additional liability, whether based on contract, tort, or any other legal theory. There will be no recovery for consequential damages. You understand that the performance of the Services without this limitation of liability would be more technically exhaustive, likely require specialties, and would cost substantially more than the fee paid for this limited visual inspection. You understand that you are free to consult with another professional if you do not agree to this provision. X By signing here, the client agrees to be bound by the provisions of this limitation of liability provision. (Cannot use in MA, WI, WV, and NJ) If you include the below clause in your agreement we will give you a $1,500 deductible versus our standard $2,500 deductible. Sample of Arbitration Clause: (Must be in 12 point font) Any dispute, controversy, interpretation, or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this contract or arising out of, from or related to the inspection or inspection report shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION. CLIENT INITIALS X (Required in TN and others)
10 Upgrade to a $0 deductible and move your business Full Speed Ahead. A product of RWS Inspector Services Group
11 If you don t already offer 90 Day Warranties and RecallChek from RWS, you should consider it. Not only can it improve your inspection, but it can also increase your customer satisfaction while reducing your overall liability. Now, it can also mean a $0 deductible on your next E&O insurance claim. Complete the form below and return it s free to register for all Allen Insurance clients, and there s no obligation. RWS will work with you to deliver the warranties and RecallChek reports either very affordably or even free as part of the ADT Inspection Program. Complete the form and return to Residential Warranty Services Fax (or) 90Day@rwswarranty.com Inspection Company Name First Name Last Name Phone # ( ) Fax # ( ) E mail Address City State Zip E&O Policy # Web Address Terms & Conditions Residential Warranty Service, Inc. and the RWS Inspector Services Group(RWS) agrees to reimburse the Inspection Company the cost of one (1) E&O Insurance Claim Deductible per twelve(12) month period of up to $ when all of the following criteria are met: * The E&O insurance policy premiums are paid and current. * A 90 Day Warranty and a RecallChek report were purchased and paid for from RWS by the inspector for the property and purchaser (transaction) on which the inspector has made a claim on his/her E&O insurance policy OR a qualified lead was delivered to ADT as part of the ADT Inspection Program and subsequently RWS was paid for a 90 Day Warranty as part of the ADT Inspection Program. * E&O insurance company has accepted the claim and the deductible has been paid by the inspector. * The claim was made within one (1) year from the date of the inspection and RWS was informed in writing of such claim within one (1) year from the date of the inspection. The term of this agreement is for one year from date of registration, and may be renewed at the option of RWS. Inspector must be a register RecallChek dealer and provide 90 Day Warranties with each full home inspection in order to qualify. Inspector agrees that RWS and Allen Insurance may from time to time share information regarding claims and policies issued in the course of administering this program, and authorizes both parties to share such information. Signature Date
12 Advertise the warranties in your marketing material and on your website. The cost is $35 max to offer all of the Inspector Service Group products. By setting yourself above the rest of your competition you can raise your inspection fee by say, $50. The additional $15 can go to pay for your insurance (200 inspections at $15 equals a $3,000 pool of money for this).
13 Give your clients a How to Operate Your Home Book with their inspection report available from various vendors. But more importantly, write SAMPLE on one and give it to your agents to keep on their desk with your business card stapled to it Nick Gromicko gave us this idea at a recent meeting and it is a great way to stay on top of mind with your agents. Here are the links for a couple of the best-selling maintenance books out there: FREE enrollment to technical advice website moderated by Mike Casey. (see the Member s Only Section) We are finishing up our Claim Alert system we are in the process of setting up a Constant Contact database with all of our insureds. When a claim comes in you will get an about the claim and my first analysis that may help you in future report writing. Check out our new Home Inspection Insurance Website for more helpful hints and great deals from the leader in Home Inspection E&O Insurance.
14 SAMPLE - This is a sample contract only. This should be used only as a reference document in consultation with your local attorney. Each state has its own applicable laws and each individual factual situation may vary. It is not designed to include Radon Testing, Termite Inspection etc. Phrases in (Italics) are variable information. This is version This document is not copyrighted. (Your Company Name Here) INSPECTION AGREEMENT THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS AN ARBITRATION CLAUSE (Required in SC) PLEASE READ IT CAREFULLY Client: Report #: Property Address: Inspection Date: Inspection Fee: $ Fee: $ Total Fee:$ This Inspection Agreement contains the terms and conditions of your (the Client) contract with (your company name) (the Company) for an Inspection of the Property at the above address. This Inspection Agreement contains limitations on the scope of the Inspection, remedies and liability. Please read it carefully. By signing below, Client represents and warrants that Client has secured all approvals necessary for the Company to conduct the Inspection of the Property. Client also warrants they will read the entire Inspection Report when received and shall promptly call with any questions or concerns client may have regarding the Inspection or Inspection Report. This Inspection is being performed for the exclusive use and benefit of the Client, and the Inspection, including the written Report, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company. 1. INSPECTION AND DUTIES The Company agrees to perform a limited visual Inspection of the systems and components included in the inspection as they exist at the time of the inspection and for which the Client agrees to pay a fee. The Inspection will be performed in accordance with the Standards of Practice of the (name of association whose standards you inspect to), which are attached, and is limited by the limitations, exceptions and exclusions so stated in the Standards of Practice and this Agreement. You agree that if the Company recommends further evaluation of a condition noted in the Inspection Report that you will do so before the end of any inspection contingency and prior to closing. 2. DISCLAIMER OF WARRANTY Client understands that the Inspection and Inspection Report do not, in any way, constitute a/an: (1) guarantee, (2) warranty of merchantability or fitness for a particular purpose, (3) express or implied warranty, or (4) insurance policy. Additionally, neither the Inspection nor Inspection Report are substitutes for any real estate transfer disclosures which may be required by law. 3. NOTICE AND STATUTE OF LIMITATIONS Client agrees that any claim, for negligence, breach of contract or otherwise, be made in writing and reported to Company within ten(10) business days of discovery. Client further agrees to allow Inspector the opportunity to re-inspect the claimed discrepancy, with the exception of emergency conditions, before Client or Client's agents, employees or independent contractors repairs, replaces, alters or modifies the claimed discrepancy. Client understands and agrees that any failure to notify Inspector as stated above shall constitute a waiver of any and all claims Client may have against Inspector. Any legal action must be brought within one (1) year from the date of the Inspection, failure to bring said action within one (1) year of the date of the Inspection is a full and complete waiver of any rights, actions or causes of actions that may have arisen therefrom. Time is expressly of the essence herein. This time period may be shorter than otherwise provided for by law. IMPORTANT RISK MANAGEMENT TOOL 4. LIQUIDATED DAMAGES LIMITED LIABILITY CLAUSE Due to the nature of the services we are providing, it is difficult to foresee or determine (at the time this Agreement is formed) potential damages in the event of negligence or breach of this Agreement by us. Thus, if we fail to perform the Services as provided herein or are careless or negligent in the performance of the Services and/or preparing the Report, our liability for any and all claims related thereto is limited to the fee paid for the Services (unless contrary to state law), and you release us from any and all additional liability, whether based on contract, tort, or any other legal theory. There will be no recovery for consequential damages. You understand that the performance of the Services without this limitation of liability would be more technically exhaustive, likely require specialties and would cost substantially more than the fee paid for this limited visual inspection. You understand that you are free to consult with another professional if you do not agree to this provision. X By signing here, the client agrees to be bound by the provisions of this limitation of liability provision. 5. ENVIRONMENTAL AND HEALTH ISSUES The Client specifically acknowledges that a Property Inspection is NOT an Environmental Survey and is not intended to detect, identify, disclose or report on the presence of any actual or potential environmental concerns or hazards in the air, water, soil or building materials. Such environmental concerns and hazards include but are not limited to asbestos; Chinese Drywall ; radon; lead; urea formaldehyde; mold; mildew; fungus; odors; noise; toxic or flammable chemicals; water or air quality; PCB's or other toxins; electro-magnetic fields; underground storage tanks; proximity to toxic waste sites; carbon monoxide. You agree to hold the Company and Inspector harmless for any injury, health risk or damage caused or contributed to by these conditions. Page 1 of 2
15 6. LIMITATIONS, EXCEPTIONS AND EXCLUSIONS The Inspection only includes those systems and components expressly and specifically identified in the Inspection Report. The Inspection limitations, exceptions and exclusions in the Standards of Practice are incorporated herein. In addition, any area which is not exposed to view, is concealed, is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing or in any other fashion is excluded. The Inspection does not include any destructive testing or dismantling. The following systems and components and areas are among those NOT included in the Inspection or Inspection Report: - Latent or concealed defects, compliance with code or zoning ordinances or permit research or system or component installation or recalls. - Structural, geological, soil, wave action or hydrological stability, survey, engineering, analysis or testing. - Termites or other wood destroying insects and or organisms, rodents or other pests, dry-rot or fungus; or damage from or relating to the Preceding. This exclusion is deleted if the Client has the Company perform wood destroying organism inspection for an additional fee. - Private water, sewage systems, water softeners or purifiers, radiant heat systems or solar heating systems. - Pools, spas, hot tubs, saunas, steam baths, fountains or other types of or related systems and components. - Repair cost estimates or building value appraisal. - Thermostatic or time clock controls, radio controlled devices, automatic gates or elevators, lifts, dumbwaiters. - Free standing appliances and gas appliances such as fire pits, barbecues, heaters and lamps. Main gas shut off valve. Any gas leaks. Furnace heat exchangers. - Seismic safety, security or fire safety systems or security bars and/or safety equipment. - Any adverse condition that may affect the desirability of the property including but not limited to proximity to railroad tracks or airplane routes, boundaries, easements or rights of way, adjoining properties or neighborhood. - Unique/technically complex systems or components, system or component life expectancy or adequacy or efficiency of any system or component. 7. GOVERNING LAW & SEVERABILITY This Agreement shall be governed by law. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties. 8. RECEIPT OF REPORT The Company s agreement to perform the Inspection is contingent on Client s agreement to the provisions, terms, conditions and limitations of this Agreement. If this Agreement is not signed by Client prior to or at the time the written Inspection Report is provided to the Client and Client objects to any of the terms of this Agreement, Client shall return the written Inspection Report to the Company within seven (7) days and any fee that has been paid will be refunded to the Client. Failure to return the written Inspection Report and payment of the fee shall constitute the full acceptance of all of the terms of this Agreement by Client. 9. OTHER SERVICES It is understood and agreed to by the parties hereto that all the provisions, limitations, exceptions and exclusions of this agreement shall apply to any optional services entered into by the parties. 10. ENTIRE AGREEMENT, MODIFICATION & 3rd PARTIES This Agreement represents the entire agreement between the parties. No oral agreements, understandings or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such changes or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns and representatives of any kind whatsoever. 11. DISPUTE RESOLUTION - ARBITRATION CLAUSE (Must be in 12 point) Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud, or misinterpretation arising out of, from or related to, this contract or arising out of, from or related to the inspection or inspection report shall be submitted first to a Non-Binding Mediation conference and absent a voluntary settlement through Non-Binding Mediation to be followed by final and Binding Arbitration, if necessary, as conducted by Construction Dispute Resolution Services, LLC or Resolute Systems, Inc. utilizing their respective Rules and Procedures. If you would like to utilize the Mediation or Arbitration services of another dispute resolution provider other than one of those so stated please submit your recommendation to us for our consideration. If the dispute is submitted to Binding Arbitration, the decision of the Arbitrator appointed there under shall be final and binding and the enforcement of the Arbitration Award may be entered in any Court or administrative tribunal having jurisdiction thereof. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH MEDIATION AND BINDING ARBITRATION. CLIENT INITIALS X (Required in TN and others) 12. ADDITIONAL SERVICES TO BE PROVIDED: Radon Testing Accept Decline Lead Based Paint Testing Accept Decline Termite(WDO/WDI) Inspection Accept Decline Wind Mitigation Inspections Accept Decline Indoor Air Quality including Mold Testing Accept Decline 4 Point Insurance Inspections Accept Decline You have specifically declined inspections or tests not marked even though they were recommended to you. CLIENTS INITIALS I have read, understand and agree to all the terms and conditions of this Agreement and to pay the fee shown above. REQUIRED FOR $1500 DEDUCTIBLE IMPORTANT RISK Dated Signature of Client (One signature binds all) MANAGEMENT TOOL Dated For the Company Page 2 of 2
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