| Author |
 Topic  |
|
Ghostbuster
476 Posts |
 Posted - 02/21/2004 : 11:50:39
|
Errrr....Uhhhh...But, what about your statment to her about cleaning and storing the contents at no charge to her????
Where does that leave you? Is this a case of one's sympathies overloading one's posterior? Will the renter accept your little oopsie? Does the carrier you were sent out by know about this littl faux-pas? |
 |
|
|
trader
USA
236 Posts |
Posted - 02/21/2004 : 12:08:23
|
| A Contract for Deed has been around for many years. Less Educated and low income persons enter into these type home ownership transactions. As both buyer & seller have an intrest it is insurable, and the contract requires the buyer to pay the premium on the hazard insurance. Usually the insurance only covers the building but if a DP or contents on a standard policy was purchased, both would be paid for thier respective intrest. |
|
|
|
trader
USA
236 Posts |
Posted - 02/21/2004 : 12:40:34
|
| Have any of you poor suckers ever required an Indemnity & Hold Harmless Agreement to protect you from all the "wolves" that will come after you for doing the Insurance Carriers' direct/explicit/ written/verbal/ instructions with time frames and deadlines. This also applies to the carriers vendor (the TEMPORARY employment agency you are working for). |
|
|
|
Johnd
USA
110 Posts |
Posted - 02/21/2004 : 12:47:53
|
Trader:
A much better way would be to put this information into the report that you submit to the carrier. I have also asked for and received a letter from vendor that outlines their instructions and made a photocopy a part of each and every claim and referenced therein on the summary report. This is very important if you are being asked to do something that you do not agree with. Another option, and I have exercised this one also, is to simply take all the files back and give them to the vendor.
Remember, cover your ass, (CYA) is one of the most important things that you can learn and exercise when doing business with "non-standard" claims practices.
|
John Durham
sui cuique fingunt fortunam |
|
|
|
Jim Lakes
USA
37 Posts |
Posted - 02/21/2004 : 16:15:12
|
Trader,
I agree with John D. He has given you the best advice. If you put in your report that you were directed to do something that you do not agree with, back yourself up by saying,"Per your instructions,"
I have had considerable expreience with "hold harmless agreements" and they do stand up in court. IF you signed one, you are on the hook for anything that you may do wrong, should it go to court. Be sure you understand what you are signing and as John said, CYA. Get any instructions in writing and make sure the person who gave the instructions either puts it in writing or in an E-mail. I have seen a lot of cases where a "verbal instruction" was later denied by the insturcting party and the adjuster bore the brunt of the problem. Remember, "stuff rolls down hill and YOU my friend are at the bottom of the HILL."
Jim Lakes, RPA
513.894.2000 |
Edited by - Jim Lakes on 02/21/2004 16:18:09 |
|
|
|
JimF
USA
1014 Posts |
Posted - 02/21/2004 : 17:34:14
|
By the way, in the example given, on top of a probably civil breach and action, the landlord is no doubt criminally liable as well, if for nothing more than "selling insurance" without a license. I would pass along the details of the landlord's acts to the local D.A. for their review for criminal charges.
It would seem apparent that a criminal fraud charge would be forthcoming as well. |
Edited by - JimF on 02/21/2004 17:35:57 |
|
|
|
KileAnderson
USA
875 Posts |
Posted - 02/21/2004 : 17:49:48
|
| I am a little confused. If there is no policy on the building, why did the insurance company send you out to scope the damages in the first place? Wouldn't they know that they don't insure the building? |
|
|
|
katadj
USA
315 Posts |
Posted - 02/21/2004 : 18:50:38
|
Im not sure the "company" or the agent or anyone "sent" this contractor out.
May have been a response to a scanner, IYGMM.
C'est la vie. |
|
|
|
Steve H
Switzerland
30 Posts |
Posted - 02/21/2004 : 21:35:33
|
| I have been waiting for J 'Paul Harvey' Portillo to come back with the rest of the story. Looked at his bio and he is a restoration contractor. When he offered to store and clean the tenant's PP, he was doing so from the goodness of his heart and not extending a principal's authority. |
|
|
|
sbeau4014
USA
53 Posts |
Posted - 02/22/2004 : 11:09:16
|
I almost wonder if the original meeting with the tenant was an "ambulance chasing" type call on the part of a contractor/PA as happens in a lot of locations (as does with some IA firms). The fire dept in Houston used to have a distribution list they sent to a group of the above entities each morning on the previous day's runs. If it is pro bono under those circumstances, lesson learned. If you have offered to store contents, etc in the hopes of getting work out of it, it is on your conscience now as to what you will do from here.
JimF, in reference to your last comment, I'd be wary of going to the DA on something like this as you/contractor or whomever has no stake in the situation at all it appears. Any complaint should be made by the tenant as the victum of fraud, and based on what hass been written so far it does appear that there are the elements of a criminal case of fraud. A landlord passing the supposed cost of the insurance policy onto the tenant is common and depending on the actual language of the lease agreement I doubt it would be construed as selling ins. w/o a license. There are a whole lot of answers that that lease agreement should or would answer, but w/o viewing it is is all speculation on our part. All we have here is a tenant's version of the situation so far. |
|
|
|
CCarr
Canada
1200 Posts |
Posted - 02/22/2004 : 11:54:42
|
I wouldn't go as far as to say that all we have here is the tenant's version of events.
What we do have is a "version" presented by a contractor, who relates, in part, a discussion with what turns out to be the tenant according to the contractor; who says ".... I was called out ..... to evaluate some damage ....", but he has not yet said who called him out.
I don't feel any warm and fuzzy for the disguised and tarnished benevolence of the contractor saying, ".... I simply told her we would take her contents clean and store them for her at no charge ....".
Then for the contractor to post again, of his sorting out of the mess; is quite humorous. If indeed it is now resolved as a pro bono effort, what was the intent of the "no charge" comment in the earlier post; while the mess was still unsorted?
Indeed the renter could well have a lawsuit on her hands (soon), if in fact the fire was caused due to her negligence.
It is still unanswered Mr. Portillo, who or what caused you to be, "I was called out .... to evaluate some damage ....". Was it a message from a source relevant to the damage; or simply a radio scanner message of a loss?
There are many issues in Mr. Portillo's related "mess", that could cause an investigation (if there was any insurance) to go in many directions; but they are mere speculation in the absence of some fundamental details.
By edit, I add that I have been addressed by a forum moderator regarding my original post; who felt that Mr. Portillo didn't bring his religion into this and neither should I. Although I have complied with the moderator's request, respectfully, I see that quite differently from the moderator, as Mr. Portillo always brings his religion into each of his posts; and that was specifically why I reflected on that within the issues, with my previous comments. |
Edited by - CCarr on 02/22/2004 13:10:34 |
|
|
|
Jportillo
USA
17 Posts |
Posted - 02/23/2004 : 09:06:11
|
We were called out to the job by the tenant who heard of our company through friends. We are a Christian based company and when we respond to calls we first help the victim find temporary housing for the victims. We also help them by getting them clothing and assitance from area shelters. Under no circimstances is a person obligated to use our services. I would say only 20% of people who we help get assistance for ever use our services. The only reason in most cases is because we set them up on payment plans and help them when every other company leaves them by the curb because they did not have insurance. Believe it or not CCar there are somepeople who do things out of the kindness of their hearts people who believe in helping others. I will bring my religion into anywhere I feel like it is called fredom of speech freedom of religion if you are not aware of the rights of our great country. Why do you have to make everything so personal and look for the negative in all post. A simple question requires a simple answer. Grow up sarcasm does not have to be a way of life. You can actually be a happy person and people will still like you. Steve H we are a restoration company. We provide a services to people in need as well. The tenants contents were never packed out until we found out if she had insurance or not. When we found out she didn't have insurance we decided to pack her out and clean her contents to help her and her family out. Remember people not everythting revolves around money. Jim F I appreciate your comments and how you stick with the topic and how you don't try to read between the lines on a topic so simple. Ghostbuster I was called out by the tenant there was no insurance after all so there was no adjuster. Hope this clears everything up. Take care and GOD Bless.
|
|
|
|
JimF
USA
1014 Posts |
Posted - 02/23/2004 : 09:37:21
|
John, it is so nice to see others who still believe in putting people first over dollars. I admire and appreciate your faith and like you, still believe in the power behind the mustard seed. You need not fear speaking or professing your faith here with most of us. We're with you Brother!
May God richly and truly bless you and your company, and I hope our paths cross one day!
John, we need more contractors AND adjusters like you! |
Edited by - JimF on 02/23/2004 09:38:52 |
|
|
|
CCarr
Canada
1200 Posts |
Posted - 02/23/2004 : 10:27:31
|
It is this sort of thing that clearly illustrates the diversity of views on several issues. I am of the opinion that religion does not belong in the business aspects of the claims industry; and I don't really care who agrees or disagrees with that opinion.
Perhaps this thread is a good example of why religion should be kept out of the business of claims. My original 2/22 post (prior to edit) had two references to religion, as part of my thoughts to Mr. Portillo. As I mentioned previously, a moderator addressed me regarding the religious component of my original post, and asked that I edit those parts out; explaining to me that Mr. Portillo didn't bring religion into the thread, so I shouldn't either. Well, as you can see, as I suggested, Mr. Portillo takes his religion into each of his posts; and seems bent in continuing that. I could care less what he does, but I am of the opinion that religion should not be flaunted in posts to these forums.
As to the benevolent commercial services offered by Mr. Portillo, I would suggest that if carriers knew the extent of the involvement in non-covered issues and the resultant potential for conflict with their coverage issues at the same loss site; they would not be receptive to those services on a direct basis.
Finally, it certainly escapes me at this time, how it can be felt that "we" need more adjusters who involve themselves in losses to the extent that has been detailed of Mr. Portillo's actions in this thread. |
|
|
|
Johnd
USA
110 Posts |
Posted - 02/23/2004 : 11:20:57
|
Clayton, just what is it about religion that makes you so uncomftorable? Who made the decision that religion had no place in business? And your last paragraph is a real doozey!
M. Portillo, GOD BLESS YOU, you are your brothers keeper! |
John Durham
sui cuique fingunt fortunam |
|
|
|
Topic |
|
Landlord scamming Renters
Forum Locked
