central coast claims association news network - april 2014
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www.CentralCoastClaims.org
A Professional Insurance Claims Organization
April 2014Volume XXII • Number IV
Central Coast ClaimsAssociation News Network
Insuring The Insurer
Celebrating 20 Years with the CCCA!
At
Scott’s SeafoodDowntown San Jose185 Park Ave, San Jose, CA
- please see page 7
ThursdayApril 17, 2014
Bill ManningVan de Poel, Levy & Allen
Selected Concepts in Product Liability Law
Join The CCCA In Welcoming Guest Speaker
Product Liability LawSelected Concepts In
At April 17 CCCA
- please see page 4
2 Central Coast Claims Association News Network • April 2014
SECRETARYJackie Mezeul
PW Stephens Environmental(510) 896-9065
jackiem@pwsei.com
2014 BOARD OF DIRECTORS
VICE PRESIDENTTammy Cothran
Diane ViodesDTX Restoration
Charitable Foundations
CCNC Reps: Voting - Ray Depa, Crawford & Co. & Shelly Lefore, Casualty Adjusters Guide, Inc. • Alt Voting - Bryan Harrison, Association News Network, Inc.
IMM. PAST PRES.Bob TucknottTucknott Electric Co.
(925) 931-0800tucknottel@aol.com
PRESIDENTJoAnn Dean
SRI Environmental, Inc.(925) 808-8238
jdean@srienviro.com
TREASURERShelly Lefore
Casualty Adjusters Guide(408) 782-5998
ShellyL@CAGWorld.com
Ray Depa Crawford & Company
Nominations Committee
Your Central Coast Claims Association Board of Directors2014 OFFICERS
Bryan Harrison Association News Network, Inc.
Newsletter/Web Site
Lynna HarrisonAssociation News Network, Inc.
Membership Chair
Latasha WallaceK2GC
Bowling Tourney Chair
www.AssociationNewsNetwork.com
Print Publications • Online SponsorshipsAssociation News Network
Community Connections
Contact Lynna Harrison
925-785-7021lynna@associationnewsnetwork.com
Central Coast Claims Association News Network • April 2014 3
APRIL 2014 VOLUME XXII . NUMBER IV
Insuring The Insurer
2014 CCCA Officers & Board of Directors
April President’s Message
2014 CCCA Golf Tournament - Summer Fun! Sign-Up NOW
2014 CCCA Upcoming Events
Unfair Competition Claims Addressed at March 20, 2014 CCCA
Select Concepts of Product Liability Claims at April 17, 2014 CCCA
Nat’l Asbestos Awareness Week - by Haven Fry
A.N.N. Job Connection
C.C.C.A.N.N. Services Directory
2014 CCCA Membership Application www.CentralCoastClaims.org
234567891011
Springing Into Action - CCCA Gears Up For Golf!
CCCA celebrated the First Day of Spring with a fantastic speaker! Many thanks go to our speaker, Gail Stargardter, Partner with the Law Firm of Archer Norris for her ex-cellent presentation on the Duty to Defend citing two separate cases and how insurers will be affected going forward as a result of the decisions. Thank you, Gail for a great presentation!
You may or may not know that Central Coast Claims Association selected 4 charities for which we make dona-tions each year: “Wounded Warrior Project”, “Children’s Miracle Network”, “Angel Flight West” and “Toys for Tots”! CCCA’s Golf Tournament is our largest fundrais-ing event of the year. Your purchases of Foursomes and Sponsorships make it possible for CCCA to help these incredibly worthwhile charities!
Our tournament will be held at the Sunol Valley Golf Club on Friday, June 20th with a 10:00 Shotgun Start! Make sure to SAVE THE DATE on your calendars! Go to the CCCA Website at www.centralcoastclaims.org NOW to purchase FOURSOMES and SPONSORSHIPS! A prize will be given to the Best Decorated Hole based on our theme: “Summer Fun: Bring It On!”REMINDER:
Each vendor who brings an adjuster as their guest to our luncheon meetings from March 2014 to May 2014
April message from 2014 CCCA President JoAnn Dean
Continued page 9
4 Central Coast Claims Association News Network • April 2014
The Central Coast Claims Association News Network© is a production of Association News Network, Inc. Published monthly as a free service to the CCCA with a commitment and dedication to the promotion and betterment of this professional organization. The views and comments expressed within the articles herein do not necessarily reflect the views of A.N.N., Inc. or CCCA. Both the publisher and the association assume no responsibility for any opinions and/or statements offered by contributing authors to the publication. Acceptance of advertising material does not constitute endorsement of the products or services offered. A.N.N., Inc. reserves the right to reject any advertis-ing copy or placement. We encourage industry support of this professional organization - its monthly newsletter publication and web site.
Go to: www.CentralCoastClaims.org
© 1993-2013, all rights reserved • Association News Network, Inc. • www.AssociationNewsNetwork.com2455 Naglee Rd. #263 . Tracy, CA 95304 • 209.229.8240 • fax 209.229.8328
Please submit articles for consideration by email, to: Bryan Harrison, Publisher
Bryan@AssociationNewsNetwork.com • 925.708.5569
For Advertising opportunities and information, contact: Lynna Harrison, New Accounts Manager
Lynna@AssociationNewsNetwork.com • 831.246.2530
Central Coast Claims Association
57th ANNUAL GOLF TOURNAMENT FRIDAY, JUNE 20, 2014
SUNOL GOLF COURSE6900 Mission Road, Sunol, CA 94586 Map
SCRAMBLE FORMAT • Shotgun Start Promptly at 10:00 a.m.Registration Begins 8:30 a.m.
REGISTER NOW TO GOLF: www.centralcoastclaims.org/events/2014/1406_golf.htmlA Prize will be given to the company with the best-decorated hole based on our theme
Sponsorships AvailableG Grand SponsorsG DInner SponsorG Tee Box SponsorsG Longest DriveG Closest To The PinG Putting ContestG Breakfast Cocktail SponsorG Photo SponsorG Trophy Sponsor
Golf Foursomes just $500Contact Name _________________________________________Company ____________________________________________Phone _______________________________________________Email ________________________________________________Golfer#1: _____________________________________________Golfer#2: _____________________________________________Golfer#3: _____________________________________________Golfer#4: _____________________________________________
To Register and/or Sponsor, please go to: www.CentralCoastClaims.org
For payment by check, made payable to CCCA, please mail ASAP with completed form to:CCCA Golf15920 La Escuela Ct. Morgan Hill 95037
Central Coast Claims Association News Network • April 2014 5Luncheon Meetings the
THIRD THURSDAY of Each Month, at:
Scott’s Seafood Bistro 185 Park Avenue,
Downtown San Jose
Thursday, April 17, 2014 Luncheon MeetingSelected Concepts In Liability LawBill ManningVan de Poel, Levy & Allen- see page 7
Thursday, May 15, 2014 - Luncheon Meeting
Friday, June 20, 2014 - Annual CCCA Golf Tournament - Sunol Valley Golf Course“Summer Fun: Bring It On!”- see page 4
Thursday, July 17, 2014 - Luncheon Meeting
Tuesday- Wednesday, August 19-20, 2014 - 21st Annual Claims Conference of N. California“Hitting A Home Run - covering all the bases!”www.ClaimsConference.org
Thurs, September 18, 2014 - Luncheon Meeting
Thursday, October 16, 2014 - Luncheon Meeting
Thurs, November 20, 2014 - Luncheon Meeting
Thursday, December 18, 2014 - Annual CCCA Holiday Luncheon Meeting Bingo Party - Toys for Tots Drive
6 Central Coast Claims Association News Network • April 2014
Asserting An Unfair Competition Claim Against Insurer
Central Coast Claims Association welcomed as their guest Speaker, Gail Stargardter, with Archer Norris firm, at their March 20th Luncheon.
Ms Stargardter spoke about the California Supreme Court’s recent decision in Zhang V Superior Court, 57 Cal.4th364 (2013), which held that Moradi-Shalal v Fire-man’s Fund Ins. Companies, 46 Cal3d287 (1988) does not preclude an insured from asserting an Unfair competition claim against its insurer based on conduct that violates both the Unfair Insurance Practices Act (UIPA) or the Cartwright Act. In other words , the Court held that an insured may file a claim for Unfair Competition based on conduct prohibited by the UIPA if that conduct is also independently actionable under the common law of insurance bad faith.
Gail said there is great misrepresentation on Insurance Company TV ads. She said there are two troublesome ads on TV.
The first she described is a State Farm ad that depicts a man eating pizza and, when he wishes for more pizza, it appears. He wishes for girls and a hot tub and, poof, a State Farm agent appears and says State Farm will bring you whatever you want.
She also told of a Nationwide ad that says “whatever they take from you we will replace.”
“That doesn’t mean that if you have a 30 year old televi-sion they will give you a new 52 inch flatscreen TV if your television is Stolen.”
There was a demur filed on the Zhang vs Superior Court case and it is off to trial.
The March meeting 50/50 raffle drawing of $70 was won by Central Coast Claims Association President, JoAnn Dean.
Join us April 17th for our next Luncheon at Scott’s Seafood Restaurant, 185 Park Ave., in downtown San Jose. The speaker will be Attorney Bill Manning on Product Li-ability Law.
By Lynna Harrison, Association News Network, Inc.Photos by Lynna Harrison
CCCA President JoAnn Dean thanks guest speaker Gail Stargardter for her informative presentation.
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CCCA Immediate Past President Bob Tucknott was on hand at the March luncheon meeting.
Congratulations to CCCA President JoAnn Dean on winning the 50/50 Raffle Drawing at the March luncheon meeting.
CCCA Members Robert Hampson, of Hamson & Associates; Melissa Aspland, of Alliance Environmental; and Mark Shem, of Borton Petrini at the March meeting.
CCCA Speaker Chair Ray Depa with guest speaker Gail Stargardter.
CCCA Secretary Jackie Mezeul with new member Dave Kraszewski, of ServPro.
Central Coast Claims Association News Network • April 2014 7
At We Move Back To:
Scott’s Seafood Bistro11:30 a.m. check-in/social 12:00 pm pm luncheon
Insurance Adjuster Members: NOW FREE! (or with donation to CCCA Charitable Fund)Please RSVP so we know you’re coming:jackiem@pwsei.com, or call 510-896-9065 Insurance Adjuster Non-Members: $15
Associate Members: $35 Non-members or No Reservations: $45
OR, for payment by check or cash at the door, please RSVP with 2013 CCCA Secretary Jackie Mezeul, of PW Stephens
Environmental, Inc.: 510-896-9065, or jackiem@pwsei.com
Purchase your lunch Now online: www.CentralCoastClaims.org
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ThursdayApril 17, 2014
Bill ManningVan de Poel, Levy & Allen
Selected Concepts in Product Liability Law
185 Park Ave, San Jose, CA
Selected Concepts In Product Liability Law At April 17 CCCAJoin The CCCA In Welcoming Guest Speaker
Join the Central Coast Claims Association for our next infor-mative luncheon meeting Thursday, April 17, 2014, as we welcome attorney Bill Manning, of Van de Poel, Levy & Allen, LLP, as our guest speaker.
A very active trial attorney since 1985, Bill Manning has suc-cessfully represented his clients in a broad range of jury trials, court trials, arbitrations, administrative hearings, mediations, class actions, military hearings, summary judgments and summary dismissals, as well as extraordinary writs and appeals, throughout California in State, Federal, and Military courts. Mr. Manning has extensive litigation, trial, writ, and appellate experience in a wide variety of cases, including professional liability, business disputes, construc-tion defect, personal injury, OSHA matters, First Amendment issues, premises and restaurant liability, and the defense of municipalities, police and special agencies and districts. He has also researched and authored numerous insurance coverage opinions. The breadth of Mr. Manning’s three decades of experience enables him to advise his clients about the wisdom of early case resolution, or a carefully crafted litigation strategy through trial and appeal.
Mr. Manning represents Dentists, Physicians, Optometrists, Nurses, and Attorneys in malpractice claims, state board licensure and disciplinary matters, peer review and credentials inquiries, man-aged care disputes, discipline hearings for military medicine, and practice-related legal matters, including professional practice issues, practice sales, and transitions. Mr. Manning has lectured nationally and internationally on Risk Management and other legal issues for Dentists and Dental Auxiliaries, and to the Dental Managed Care industry. Mr. Manning is also a court-qualified expert witness in legal malpractice cases.
Mr. Manning also advises parties in a variety of business trans-actional matters, mechanic's liens, and routine estate planning and
Continued page 8
8 Central Coast Claims Association News Network • April 2014
April 2014National Asbestos Awareness Week is an annual event to warn
and educate people about the dangers of exposure to asbestos con-taining building materials, and the prevalence of asbestos related diseases, such as mesothelioma. As we all know, asbestos is still be-ing mined, imported, and used despite being confirmed as a human carcinogen. 55 countries have banned asbestos, but the United States has not. Asbestos fibers can be nearly 700 times smaller than human hair. They are odorless, tasteless, indestructible fibers that can remain suspended in the air. Asbestos fibers can be inhaled easily and are difficult for the lungs to expel.
Abatement is defined as the pro-cedures to control fiber release from asbestos containing materials, typically during removal. Abatement includes removal, encapsulation, enclosure, demolition and renovation activities related to asbestos.
The California Health and Safety Code 25915 requires all building owners in the State of California to provide written notification to employees, tenants and contractors of the presence and location of asbestos containing construction materials within their buildings. Asbestos containing construction materials are defined as any materials with an asbestos content of greater than one tenth of one percent (>0.1%).
Under the U.S. EPA National Emission Standard for Hazardous Air Pollutants (NESHAP) regulation, no visible emissions are allowed during building demolition or renovation activities, which involve regulated asbestos containing materials. For this reason all buildings must be surveyed for asbestos containing materials prior to demoli-tion or renovation. The EPA, and or local Air Quality Management District must be notified prior to any building demolition even if no asbestos containing material is present. NESHAP requires removal of all asbestos containing materials which have or will become friable prior to any demolition or renovation activities.
California and Nevada Laws require that specially licensed as-bestos abatement contractors perform work with asbestos containing materials. Additionally, Federal OSHA, California OSHA and Nevada OSHA require employers to implement specific work practices which protect workers from airborne asbestos exposure.
JM ENVIRONMENTAL, INC., is a regis-tered contractor licensed by the state of California and the state of Nevada to perform Hazardous Materials Abatement and Demolition.
Breathe Deep! It’s National Asbestos Awareness Week!By Haven Fry, JM Environmental, Inc
Haven Fry is the Business Development Manager for JM ENVIRONMENTAL, INC. She may be reached at: cell 916-730-9853; office 916-726-0304 or fax 916-726-0340 hfry@jmenv.com - www.jmenv.com.
probate matters. In the Aviation arena, Mr. Manning represents airport districts, pilots, mechanics, fixed base operators, and aviation insurers.
Mr. Manning’s product liability practice ranges from aircraft and motor vehicles, to large and small consumer products, tires and wheels, pharmaceutical products, and medi-cal devices. Mr. Manning represents national motor vehicle manufacturers in Product Liability and Consumer Warranty (i.e., "lemon law") litigation throughout California.
Mr. Manning’s non-legal experience is also a strong asset to his clients. He has several years of engineering and tech-nical writing experience in the fields of nuclear engineering, marine engineering, and motor vehicle and consumer product manufacturing, and decades of experience in aviation as a Commercial Pilot and Certificated Flight Instructor. Military service: United States Navy, Vietnam era veteran.
Invite your collegues, associates, clients and friends to join you for what promises to be a most enlightening session.
Product Liability Law at April 17 CCCAContinued from page 7
Central Coast Claims Association News Network • April 2014 9
will have their names entered into a special drawing for their chance to win a FREE FOURSOME for our upcoming Golf Tournament! So, don’t wait. Spread the word and bring an adjuster with you as your guest to our April 17th Luncheon Meeting! The drawing will take place at our May 15th Luncheon meeting. This is a $600 value!
Our Speaker Chair, Ray Depa with Crawford & Com-pany has done it again! Our April luncheon speaker will be attorney Bill Manning with Van De Poel, Levy & Allen, LLP in Walnut Creek. Bill will be speaking on “Selected Concepts in Product Liability Law”. If you’ve not had the opportunity to hear Bill speak, you don’t want to miss this luncheon meeting!
Make sure to RSVP “before” the luncheon through our Evite Invitation. Reservations are important so that we have an accurate count to give the restaurant. If you are not receiving our Evite Invitations, please email our Secretary, Jackie Mezeul at jackiem@pwsei.com or call her at (510) 896-9065 to get your email address added to the Evite list. You should also go online to our CCCA Website at: http://www.centralcoastclaims.org to regis-ter and pay for your lunch reservation via PayPal.
I look forward to seeing everyone at our April 17th meeting at Scott’s Seafood in San Jose!
Respectfully,
President’s MessageContinued from page 5
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10 Central Coast Claims Association News Network • April 2014
ACCIDENT RECONSTRUCTIONBOSTER, KOBAYASHI & ASSOCIATES - Michael KreutzelmanServing the United States 24 hr. (925) 963-9653 • (925) 447-6495and Overseas Fax (925) 447-6589
CONTRACTORS - ASBESTOS/LEAD/MOLD REMEDIATIONALLIANCE ENVIRONMENTAL - Ed Work3545 Victor Street www.alliance-enviro.com • (408) 830-9700Santa Clara, CA 95054 info@alliance-enviro.com • Fax (408) 980-9746AMERICAN TECHNOLOGIES, INC. - Kyle Pickett23 Las Colinas Lane # 107 (408) 362-3030San Jose, Ca. 95119 Fax (408) 362-3035JM ENVIRONMENTAL, INC. - John Moore & the JM TeamPO Box 2189 www.jmenvironmental.net • (916) 726-0304Granite Bay, CA 95746-2189 Fax (916) 726-0340P.W. STEPHENS ENVIRONMENTAL, INC. - Steve MacFarlane/Kim MacFarlane4047 Clipper Court www.pwstephensinc.com • (510) 651-9506Fremont, CA 94538 Fax (510) 651-7702RESTORATION MANAGEMENT COMPANY Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112 msagil@restorationmanagement.com
CONTRACTORS - ELECTRICALTUCKNOTT ELECTRIC CO. - Robert A. Tucknott6850 Regional St. Suite 110 tucknottel@aol.com • (925) 931-0800Dublin, CA 94568 www.Tucknott.com • Fax (925) 931-0817
CONTRACTORS - GENERAL/RESTORATIONAAA FLOOD & FIRE - EMERGENCY SERVICES - Water, Fire, Smoke, Mold186 Barnard Ave www.AAAFloodAndFire.com • SJ Office: (408)270-9111San Jose, CA 95125 Dry1Out@gmail.com • SSF Office 1(888)Dry1Out(379-1688)BELFOR USA - Dave Warters/Lisa Schwichtenberg2365 Industrial Pkwy West (888) 543-3473 • Fax (510) 887-9110Hayward, CA 94545 david.warters@us.belfor.comIQV CONSTRUCTION, INC. - Jeff Radzinski/Hoyt Philipp jeff@iqvinc.com - Direct: 408.582.9211 • Fax 408-582-9261 • Cell: 408-836-0333Hoyt@iqvinc.com - Direct: 408.582.9212 • Fax: 408-582-9262 • Cell: 408-612-1961WALTER M. SPRINGS CONSTRUCTION - Murat Zilinki 881 Hurlingame Ave. (650) 222-2850 Redwood City, CA 94063 www.SpringsConstruction.comWARD- TEK, INC. RESTORATION & CONSTRUCTION325 Old County Rd. (650) 631-7383Belmont, CA 94002 www.wardtekinc.com • Fax (650) 631-1302
CONTRACTORS - MICROBIAL REMEDIATION ALLIANCE ENVIRONMENTAL - Ed Work3545 Victor Street www.alliance-enviro.com • (408) 830-9700Santa Clara, CA 95054 info@alliance-enviro.com • Fax(408) 980-9746AMERICAN TECHNOLOGIES, INC. - Kyle Pickett23 Las Colinas Lane # 107 (408) 362-3030San Jose, Ca. 95119 Fax (408) 362-3035BELFOR USA - Dave Warters/Lisa Schwichtenberg2365 Industrial Pkwy West (888) 543-3473 • Fax (510) 887-9110Hayward, CA 94545 david.warters@us.belfor.comJM ENVIRONMENTAL, INC. - John Moore & the JM TeamPO Box 2189 www.jmenvironmental.net • (916) 726-0304Granite Bay, CA 95746-2189 Fax (916) 726-0340P.W. STEPHENS ENVIRONMENTAL, INC. - Steve MacFarlane/Kim MacFarlane4047 Clipper Court www.pwstephensinc.com • (510) 651-9506Fremont, CA 94538 Fax (510) 651-7702RESTORATION MANAGEMENT COMPANY Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112 msagil@restorationmanagement.com
Central Coast Claims A.N.N. Services DirectoryThank you to all our paid CCCA Directory Listing Sponsors. Please let them know you saw them in the CCCA News Network.
FIRE INVESTIGATORSFIRE CAUSE ANALYSIS - Ulises Castellon, CPCUThroughout California, Arizona (800) 726-5939 • Fax: (510) 649-3099Nevada, Oregon, N. Dakota & Minnesota inquiry@fcafire.comOVERSPRAY REMOVALNATIONWIDE OVERSPRAY - Eric Gerencser Benicia, California www.overspray.net • (925) 408-5909Safe Overspray Removal eric@overspray.net • (800) 345-1269
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PROPERTY RESTORATION/CONTENTSAMERICAN TECHNOLOGIES, INC. - Kyle Pickett23 Las Colinas Lane # 107 (408) 362-3030San Jose, Ca. 95119 Fax (408) 362-3035BELFOR USA - Dave Warters/Lisa Schwichtenberg2365 Industrial Pkwy West (888) 543-3473 • Fax (510) 887-9110Hayward, CA 94545 david.warters@us.belfor.comRESTORATION MANAGEMENT COMPANY Water, Smoke & Environmental Specialists (800) 400-50581070 Commercial St., Ste 101 Fax (408) 436-1892San Jose, CA 95112 msagil@restorationmanagement.comSERVICEMASTER OF SAN MATEO/S. SAN FRANCISCO - David Decker439 Eccles Ave. david@smsanfran.com • (415) 584-6100S. San Francisco, CA 94080 Fax (650) 873-6334
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Central Coast Claims Association News Network • April 2014 11
Central Coast Claims Association
2014 Membership Application
Company: ______________________________________________________________________Contact Name/Member: ___________________________________________________________Mailing Address: _________________________________________________________________City/St/Zip______________________________________________________________________Phone: _____________________________________________________ Ext: ______________Fax # __________________________________________________________________________E-mail _________________________________________________________________________Current Position: _________________________________________________________________
Individual Adjuster Membership FREE to Join!Individual Associate Membership Annual Dues: $75.00
Corporate Membership (Unlimited) Annual Dues: $150.00
Additional Names for Corporate MembershipsName: ________________________________________Email: ________________________________________
Name: ________________________________________Email: ________________________________________
Total Amount Enclosed: $ ________
Please make checks payable to C.C.C.A. Application and check should be mailed to:Central Coast Claims Association Membership
CCCA Membership15920 La Escuela Ct. Morgan Hill 95037
A Regular Member is someone employed as a claims representative or private Investigator. All others are Associate members. Membership covers the calendar year through 12/31/14
Name: ________________________________________Email: ________________________________________
Name: ________________________________________Email: ________________________________________
g Individual Adjuster Membership Adjusters are now FREE to join!
Please Complete This Form & Remit with Payment OR Join Online Now!
Now more than ever, being a member of the Central Coast Claims Association can be a vital asset to insurance claims adjusters and associate members. An organization like this depends on your involvement. Likewise, the CCCA can provide a rewarding experience in your professional life. Build your sense of ownership in the industry. Your involvement can help the organization in building on charitable work, education, and respectful networking.
Please include your Email address and receive monthly web site update notices
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April 2014 Volume XXII • Number IV
CenTral CoasT ClaIms as s o C I aT I o n
Invite Your Associateswww.CentralCoastClaims.org
Trial Attorney Manning To Discuss “Selected Concepts In Product Liability Law” at April 17 CCCA
2014 CCCA Membership App. - page 11,
or join now Online!
www.CentralCoastClaims.org
Thursday, April 17, 2014Join The CCCA in welcoming guest speaker
Bill ManningVan de Poel, Levy & Allen
As We Move Back To
Scott’s Seafood185 Park Ave., Downtown San Jose
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