StormSupportGold Member Member Posts:203
02/27/2009 9:05 AM |
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Mr. Rose,
The Fifth Amendment of the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure.
The fifth amendment protects witnesses from being forced to incriminate themselves. To "Plead the Fifth" is to refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct punished by fines, penalties or forfeiture. Counselman v. Hitchcock, 142 U.S. 547 (1892).
However, this is a community with rules and standards of behavior which restrict the use of profanity and other such offensive behavior. This site, or other communities are well within their rights to set rules of behavior.
Just because you can use profane language doesn't mean you have the "RIGHT" to do so. Might be better to consider no reply than to defend your "Fifth Amendment" rights of self incrimination
Consider these wise words:
"Tis better to be silent and be thought a fool, than to speak and remove all doubt"
Abraham Lincoln (1809-1865)
Do the right thing, ALWAYS ~Meg~
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MedulusModerator Veteran Member Posts:786
02/27/2009 10:38 AM |
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I was always of two minds about posts like the Rose of Texas' (aka Texas Donnie). In the first place it narrows the field, a sort of natural selection, and those who have higher standards for what they post in a professional public forum tend to shine and stand out in contrast. On the other hand, it reinforces the notion that many have -- that the catadjusting ranks are replete with hit and run Bubba boys who should be hired only as a last resort. In the final analysis, the latter is probably more potent than the former. Sorry you had a bad experience, Mr. Rose, but I could only understand about a third of what you were trying to tell us.
Steve Ebner CPCU AIC AMIM
"With great power comes great responsibility." (Stanley Martin Lieber, Amazing Fantasy # 15 August 1962)
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Janice R. Martin-TollLife Member Guest Posts:35
02/27/2009 10:58 AM |
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In response to the comments made regarding pay issues with Cunningham Lindsey, I can only comment on personal experiences. As Tom stated, we both have worked with CL many years. I can only recall two times that I did not get paid (in full) for a file that I worked. When I contacted CL, it was found that another adjuster had erroneously been paid, and in both instances, once the error was found, I was paid immediately. During 2008, I spent almost 10 months working with CL and payment was always received when due.
I’ve had no problems with the “new” management at CL, nor did I have any problems with past management. I have worked with other vendors, some good and some not so good. Given a choice, I will always go with CL.
Janice R. Martin-Toll
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02/27/2009 4:09 PM |
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Donnie Rose's comment
was one of the best pieces
of writing anywhere
on this website in a long time
and I have been
reading this site since it shared space
with news about Roy's
son's Boy Scout Troop low
these many years ago.
Rose had something to say and
he said it with the
bark on and with an economy of words
and hard hitting expressions.
Compare that to Meg's
scolding of him and pontification
about the 1st
Amendment and the 5th Amendment and when
Abraham Lincoln was
born and when Abraham Lincoln died.
All I can say is
don't operate heavy machinery after reading that,
it might make you
drowsy.
But all that said,
there is no freedom of speech issue here.
This website is
private property and controlled by its owner
and if Roy wants to cap some speech and not cap other
speech it is his
"printing press," even when he
delegates that
job to his agents,
the monitors. We are all here at his
indulgence
and all that talk
about a community making rules is just
that -- talk. Fortunately Roy keeps a light hand on the reins.
Didn't any of you
silent readers find Rose's comment refreshing
and gut busting? It's time to speak up.
Drink up Shriners and
keep laughing.
Guy Snappy
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MedulusModerator Veteran Member Posts:786
02/27/2009 4:41 PM |
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Snapfish, I wondered how long it would be before you weighed in! You love a controversy, don't you?
Steve Ebner CPCU AIC AMIM
"With great power comes great responsibility." (Stanley Martin Lieber, Amazing Fantasy # 15 August 1962)
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StormSupportGold Member Member Posts:203
02/27/2009 5:39 PM |
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I'd have a battle of the wits with you, Snapadoodle, but I feel its bad form to go into battle against someone who's unarmed.
Do the right thing, ALWAYS ~Meg~
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okclarrydVeteran Member Posts:954
02/27/2009 6:38 PM |
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Now, children..........................
Larry D Hardin
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02/27/2009 7:00 PM |
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Guy, I couldn't agree with you more ! I was just waiting for Tom to talk about how he's been in the business for 49 years and how he's 6'4 in height again for the 600th time. Keep it coming, I need more laughs
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ChuckDeatonLife Member Senior Member Posts:1110
02/27/2009 8:31 PM |
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With due respect to Tom and Janice let me say that I came out of the chute in the CL rodeo, my bull rope tight and my hat screwed on, but CL bucked me off in the first go round. To their credit Tom and Janice rode the full 8 seconds that was 2004. While I went on to other opportunities. After reviewing and assisting in the settlement of litigated claims started by CL adjusters and reviewed by CL adjusters, It seems to me that there are more goat ropers than bull riders at CL.
"Prattling on and on about being an ass with experience doesn't make someone experienced. It just makes you an ass." Rod Buvens, Pilot grunt
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02/28/2009 9:36 AM |
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To be fair, every company has good people and those you wonder who they are sleeping with to get their job. CL is no different that Pilot, Crawford or Eberls, just smaller. I am sure the Tolls have enjoyed their treatment based on personal relationships within the company. When the problems occurred, I suspect they know someone within CL to call to get the issue resolved. Not everyone has that access, but I consider it a sign of a good adjuster. CL has had payroll problems for 10+ years. Even staff have checks that have bounced. If you piss off Exec. Management, you will never get paid, otherwise they will come up with the money. I know of a few complainers that I can believe failed to meet minimum standards that did not get paid, which is correct in my book. Pilot is the only company I have worked for that has never had pay issues. Maybe I am one of the chosen ones for Pilot. Eberls was slow due to errors in their accounting department, but I was paid. Donnie's issues appear to be valid considering the CL person involved.
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Tom TollModerator & Life Member Senior Member Posts:1865
02/28/2009 9:39 AM |
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Chuck, your right on. I have always been a bull rider and stick. I agree that they had some goat ropers, folks like Tex and Snappy who apparently were a little light on knowledge, however, corrections were made and then the many hurricanes in 04 and 05 started flowing more smoothly. I can't tell if Tex and Guy are really adjusters, as they have nothing in their profiles to indicate their knowledge and experience. Apparently those with masks have something to hide. Usually anonymous folks like that just want to rant and rave about nonsense. This is not a perfect world. People exaggerate their qualifications to many vendors. Fortunately when they burn their bridges, they are put on the DO NOT HIRE LIST. I have heard horror stories on many, many vendors, some true, most not. Seems when an adjuster does not do his or her job well, they rant about mistreatment from the vendor.
Tex, your funny. You did provide me with a good laugh this morning, thank you.
Success is not final, failure is not fatal: it is the courage to continue that counts.
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02/28/2009 1:53 PM |
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Tom, Shouldn't you be over in the Knowledge and Attitude forum....copy and pasting all your daily thoughts and wisdom over there? We ..as in all of us on CADO...the ones the lurk, hide and laugh behind your back know how you operate. You're only fooling yourself. As being a " so called " real adjuster, I've seen your lackluster product on MSB Integra and it's far from stellar. So, words to the wise man, being in the business 49 years doesn't make you a superior adjuster, it just means you haven't made enough money to retire happy and get out of this adjusting arena that you have wandered around for 5 decades. And please do not tell me you love your job and love helping people either, because we are not buying it and you shouldnt be selling it. ( If you google your comments you post on the website, you'll see I'm right about where you have stolen them from ) No need to respond either, because I could care less Mr. Copy & Paste man.
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03/01/2009 11:12 AM |
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Whoa, Tex! That's a little strong. Tho I was a frequent poster some years ago and decided to watch thru the knot hole in the fence as others played here in the backyard, this kind of of slam is over the line, bringing me hopping over the fence. As a temp file examiner, I too have reviewed Mr Tolls work product. I found it to be okay, given the parameters we all labor under in this brave new world where pure crap estimating programs are forced down our throats. Granted Mr Toll views the positive in life on these forums. Granted that can wear a little on the legitimately frayed nerves of we in this New Economic Depression. It is still wrong to attack his persona. If you wish to launch a torpedo attack, aim at the topic presented here. And that topic is one persons sour view of the management of Cunningham-Lindsey and their practices of assigning losses and claims scatttered all over Hell-N-Gone and half of Texas. As the mood strikes, I will have other posts to make about the state of our industry from my experiences with companies and vendors. And, much to the chagrin of some here, my views will be to the point and incisive. Ol' Ghost
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Tom TollModerator & Life Member Senior Member Posts:1865
03/01/2009 12:35 PM |
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Tex, I have never tried to hide the fact that some of my Knowledge and Attitude comments are cut and paste. I strive everyday to try and impress upon people how important attitude and diplomacy means to us in the world we live in by whatever means possible. Your last commentary proves that I need to continue on in my world of cut and paste and comments from my own knowledge base, as you have just displayed as much diplomacy and attitude as placing a cow patty on a plate and asking someone to enjoy their Texas steak that you just cooked on your grill of diplomacy.
Apparently you are just a lurker, with a sour attitude. Why don't you try to present something that would benefit our profession instead of trying to degrade someone else. It is I only, that must be concerned about my work product. It has been satisfactory to many carriers for many years, so I don't care that someone like you cares about it, one way or the other. I do not claim, nor have I ever claimed, to be the ultimate adjuster. I have always stressed on CADO that knowledge is never ending. I suggest you try some.
Success is not final, failure is not fatal: it is the courage to continue that counts.
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MedulusModerator Veteran Member Posts:786
03/02/2009 10:45 AM |
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Hmmm, got me wondering, Ol' Ghost. I've been waiting for years for the return of the Phantom. Do I detect the faint sound of burgers flipping?
Other than the name (ghost/phantom) I don't see any similarity in the writing, though. Actually the Ol' Snapparoo posts a lot more like The Phantom, even down to the running joke at the end of each post.
Steve Ebner CPCU AIC AMIM
"With great power comes great responsibility." (Stanley Martin Lieber, Amazing Fantasy # 15 August 1962)
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Tom TollModerator & Life Member Senior Member Posts:1865
03/02/2009 11:01 AM |
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Ghost, welcome back and thanks for your comments. I am at a disadvantage about Cunningham Lindsey daily claim business, as I have never been on their staff at a branch. I can only project and comment on their cat business, of which I have never had a problem. I adhere to their guidelines, whether I approve of them or not. Their guidelines, like that of all vendors, are based on what their respective clients need and insist upon. As far as lengthy travel in Texas to work claims, I have no doubt of that. Texas is a big, big, state. I am sure we all realize that no vendor or company will have claims offices in small towns throughout that state. That would be cost prohibitive. Travel is a part of this business. When I started with Southern Farm Bureau, I had three countries assigned to me, which required extensive travel, but I had a company vehicle, paid expenses, (meals), so that was understood to be a part of claims handling. I spent most of my day back then, in the car, but I always enjoyed it.
It seems to me that the new generation of adjusters wants claims assigned to them within a few miles so the easy money can be made. It does not work like that and cannot work like that. If one hires on with a company and is told of their area and that is accepted by the adjuster, then it should be accepted, or the job offer refused, if not acceptable. Adjusting is hard work; we all know that, yet we continue to do it. Is that because we love the work, enjoy helping people in their time of trouble, or because we live in LaLa land and think we will retire rich. The latter does not fly. An adjuster can make a decent wage if he applies himself and learns more each day of his or her life. One nice aspect of the adjusting field is the fact that there will always be insurance coverage, therefore, insurance claims. The job is recession proof, if you’re on staff or Cat. Yes, I know there are lay offs in this business too, but for all intents and purposes, this is a recession proof profession. The more we learn the less likely of a lay off. The more we learn the more possibility for advancement there is. Knowledge is key to any job and a large key in a complex occupation such as adjusting.
I have worked for Crawford and Company, but after having a minor problem with management, switched to Cunningham Lindsey. I have also worked for several more vendors of which I enjoyed. I met RG through a friend of mine that convinced me that they were the company to work for. After meeting RG and finding out he was a down to earth individual, I decided to try it. I have now been with them for over 11 years and have enjoyed my relationship with management and other adjusters who have worked for them on Cat for many years also. I am not fool enough to think they don't have problems, all vendors do, but, I have seen less problems with them than any vendor I have worked for. I have met all the management with Cunningham Lindsey and find them to be honorable people and people that want their employees, staff or contract, to be content. RG has gone out of his way to help adjusters. I know this for a fact. Bill Slove also strives to help his adjusting staff. David Repenski is always open to suggestions to improve their station in this field. Their rules have to be based on what the particular carriers want, whether domestic or London, we must never forget this. It is a part of the business.
Like Ray Hall, I strive to help young adjusters make their place in this business and like Ray, I have gotten old and developed some health issues which prohibit me from climbing roofs. I do, however, continue to do as much as possible, as I love this business and always have. Each day presents a different challenge and I have always liked challenges. It makes life much more interesting. I started the Knowledge and Attitude forum to try to present to all that attitude and knowledge is a plus in any field, particularly this one. There have been almost 22,000 hits on that thread, so obviously some do enjoy reading it. I will continue with my warm and fuzzy posts until the hits stop. Life presents challenges and problems every day that we live. I have mine and everyone else has theirs, but we cannot give up hope for the best. We are in a financial situation in this country due to many failures on the part of our government and ourselves. Over indulgence of credit card use, a war we should have never gotten into, and pouring money into countries that hate us are just a few. We cannot allow ourselves to get down; we must stay positive for our live to be positive.
I wish the best of luck to all of you who read this. Remember one thing, luck is not handed to you, it occurs only if you are positive about yourself and life itself. Make your own luck and prosper.
Success is not final, failure is not fatal: it is the courage to continue that counts.
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03/02/2009 6:37 PM |
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Yeah, yeah, yeah and no, I do not flip burgers. So who hasn't grown older as the years roll by? I, too, used to dance the Light Fantastic along the ridge row till my bi-focals shoved me into a slight case of vertigo. And, And, those SOB architects of the past 25 years who have seen fit to design roofs solely intended to be accessed by the short, thin, Hispanics brought across the river in south Texas, matriculated thru the Roofing Association roofing school, put on a bus, and sent across the fruited plains to Bumfuzz Roofers, Inc , to install those monsters. So, for me, it was the old One-Two Punch; Vision/vertigo and impossibly dangerous roof designs. That shoved me into desk adjusting and file examining on the day rate. Which brings me to go off on a tangent from this topics subject line. During my last stint reviewing the work products of C-L and Pasco for one particular insurance company, the overall better quaility of adjustors files were from the House of C-L. But, not by all that much. The real problem, indeed disservice, to the Insureds was the companies initial rules with the vendors concerning the chosen estimating program, Integriclaim. Any of you can dig up and find that instruction about altering the unit prices and the not so veiled threats attached to it. But, wrong is wrong. Wrong is the abject refusal of MSB to quickly adjust thier prices, particularly on roofing materials. At first, as I was not a pricing speciailist and the roofers had yet to penetrate into the claim payment process, I put off their howlings to the usual baying of the greedy hounds found at every storm event. But, soon, very soon, my review of the MSB estimtes floating across my desk prompted me to start calling the closest Home Depot to the Insureds location to check on the current costs of materials, like felt, roofing, decking, trim metal. I did not like what I was learning. When MSB showed say, $6.00 for a roll of felt, Home Depot charged $18.75 plus tax. The same ratio diference would be on other material items. So, being the good little consciencious child what I are, I queried the company management folks. "Oh, Yeah, we know that. MSB is always too low. We go ahead and pay the difference when we get the contractors estimate after having the Insured go out and get several more estimates and making the contractors itemize every element of the estimate. If they don't want to and send in their usual proposal, we just wait till they do. Sometimes it can drag on for months.", said the company supervisor. Where's the problem? Pure and simple, it is in the lap of MSB. Is it intentional or just plain sloth? Did they market their product to these carriers as a means of underpaying claims or delaying proper payment of claims till the Insured had to send complaint letters all the up the monkey chain? Do space aliens really want to probe my anus when I drive over the New Mexico state line and what's so interesting back there anyway? Questions, questions, too many questions. So, what's to be done? Since the carriers and vendors don't want accuracy in the estimate unit costs, why bother with working the file as we were raised to do? This is a real, undiluted, ethical quandry for me. I fear my time at this place as a temp will affect my future abilities because it is way too easy to adapt and change into that mode where a culture of avoidance in dealing with the Insureds was so prevalent along with the inherent vice of underpayment. Culture of Avoidance?, you ask. Yes, when the Insured phones, the call goes to a call center in another state where the operator is chosen to have a thick, barely understandable cultural accent. The call is then transferred to the claims office where the adjuster is located. Here is where it gets interesting. The adjuster and supervisors never answer the phone. That's right. They automatically let it go to voice mail where the messages are erased without being noted every few days. The only time the Insured gets to speak with the adjuster is when the adjuster has the estimate and report from the field inspector and he/she is ready to process the claim for payment/denial/referral to SIU. And, woe to the Insured if they don't pick up that phone before the answer box gets it. Then they go back to the bottom of the stack. A Culture of Avoidance. And contractors? HA! They don't exist. Seeing how they are not listed as Named Insureds, answering their usual questions about where's the money, and how much did you pay, and all the rest, they are hung up on because to tell them anything would be to violate the privacy laws designed to protect the parties privy to the contract of insurance. So, contractors? F and feed 'em fish heads!, to use an old colliquilism. Thanx for letting me get this off my chest. There's more but I'm getting tired. As this is the brave new future of adjusting for we who are desk bound, I can only respectfully suggest those who still wish to find the pot-o-gold at the end of the storm trooping rainbow seek a different rainbow. This ain't the world of the past when Walter would call and send you across the country on a Delta flight leaving in 90 minutes and your reservation already has been made for a Toyota Tercell rent car waiting for when you get there. Ol' Ghost
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Jud G.Advanced Member Posts:509
03/02/2009 9:25 PM |
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I went to work for CL after getting my t-shirt as a staff adjuster with a couple of Insurance Carriers. When I signed on, I was not familiar with the pay structure as an independent adjuster. I was thoroughly excited about the prospect of working on commission and actually getting paid more if I should decide to work longer hours. Sayonara salary!
I was told that their advertised hourly rate of pay was $x/hour and provided with a copy of their company schedule. I would be paid with a base salary, the CL benefits package, a company car, and a 40% split of all billing. What I was not told was that almost none of CL's advertised rates were used because of slashed discounts for national contracts. On a more personal level, I was not told that I would be seeing a 21% or a 29% cut out of the bill first (depends on whether the assignment was liability or property), then I would receive my 40% of the billing. The shameful part of this arrangement was that, at that time, the reduction was never shown on the bills or the earnings statements. I ran into the poor soul who had my desk before me and he pulled me aside to teach me about life and other things...
I learned a lot with the diversity of claims that these guys got and the fact that they have very little discretion as to whom they would assign these claims to. I only had three (3) years of experience as an adjuster at the time and I was getting some very complex claims that some 15+ year veterans should have been getting instead. Thank god for the patience and knowledge of a couple of folks who walked me through some sticky coverage issues and liability claims. I finished out my last year there with an increased fee split and ranked number two in billing for my state as a multi-line adjuster. The guy ahead of me did property claims that were were mostly appraisal only assignments in a dense metropolitan area, and he was a real machine.
I place the good people on the front lines of CL's daily operation in two (2) groups- 1) those that are getting screwed and looking for greener pasture and 2) those that are gettng screwed, but are numb to the twisted fee-split and simply make the hard choice to keep their chin up and their tail curled. There may be a third group that has the blind notion that this is a really a good deal- haven't met a single one like it, yet.
Since then, I wised up to take on riskier pursuits by working on a contractual, 1099 basis for over ten (10) different Independent Vendors. With a fair, Daily fee split (65% or better- cat is much different), one can live a very long career as an IA. I've done the management and file review route, but I have no desire to do anything else but adjust my own claims. My existence is peaceful and I don't even have the desire to start my own company. Not a single one of those vendors that I've worked for gets cute and tinkers around with the fee structure like the bozos in CL's accounting department. That 'fuzzy math' is enough to make Al Gore's head spin...
For the record, CL's catastrophe pay structure as a "Large Vendor" is not nearly as grotesque. At one time, they were providing 65% with 10% withheld until the carrier pays the fee. I earmarked their classification as a 'large vendor' because vendors who have numerous national contracts can demand an average fee split for those who chase cats non-stop. (Tom, I'm willing to bet you get a gold star plus an extra 20% for being the CL Cat-spokesperson, lol).
If their daily operation would wise up and learn lessons from their cat department, they would do wonders at retaining those they wish to keep.
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katadjFounding Member Member Posts:256
03/03/2009 12:57 AM |
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Well Mr Tex ASS walker, your non existent profile sure says a bunch about you. You see nothing, hear nothing and say things about people that would piss off any adjuster. Go cook some more cowpies............................................................................................. New Forum User New Forum User Member Since: 20 Feb 2009 04:17 AM ( Probably drunk as a skunk at that time of the day) Last Visit: 03 Mar 2009 05:20 AM (HIC) Posts: 3
"Anyone who has never made a mistake has never tried anything new... Albert Einstein"
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03/03/2009 2:06 AM |
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Oh.....look another self proclaimed-self appointed EGA on here. R.D. Hood, I bet you delivered pizza's before you handled a few commerical claims during Katrina, and decided...hey, I can handle these without anyone knowing my background or skills as a adjuster. Send us ..as in all of us on CADO your credentials on why you claim to be a EGA, GA, NGA or RGA. I would love to take a glance at one of your files. Hell, I bet it would be as funny like comedy central, since this is what this site has came too over the past 2 years. It use to be a pleasure to look in and read every once in awhile on here, but now I'm sorry to say it's just a shame of all the chest bumping ego's and wanna be's, has been's and never ever will be's on here claiming they are re-eventing the wheel in the claims handling side of the insurance industry. There are actually only a handful of decent adjusters on CADO that I can say I have respect for because they know the business and do not feel the need to get the last word in. These topics that are on here is such a waste of time, doesn't anyone of you claimed EGA's and GA's work or have work to do? It's the same old bozo's on here from day to day, month to month, year to year. My god, from the space shuttle stories to discovering a cure for cancer you tell on here, I would think all of you would be busy making money or trying to secure a job in this depressed enconomy. That goes to show, 80% of you are smoke blowers. I know, I know, my profile says nothing, I have no posts, there is no profile on me. If you need to respond, go ahead. If I need to go make " cowpies " I will again on someone's else expense. By the way, I'm not bitter or sour at all. I just like rattling the cage :)
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