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PCEA Fall 2013 Meeting – San Diego, CA
PCEA Fall Meeting
October 9 – 11, 2013
Embassy Suites – San Diego Bay
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PCEA Fall 2013 Meeting – San Diego, CA
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PCEAConferenceFall2013
Dear PCEA Member,
It is our pleasure to invite you to the Fall 2013 PCEA meeting San Diego, one of the best Southern California vacation destinations. We are hosting this meeting at the Embassy Suites San Diego Bay on October 9th through October 11th 2013.
The hotel is centrally located in downtown San Diego near the vibrant Gaslamp District, packed with fabulous dining, exciting entertainment and an array of shopping options. It is walking distance to the San Diego Bay, Seaport Village, The USS Midway Museum/Aircraft Carrier, Maritime Museum & Petco Park. San Diego has a variety of world renowned attractions such as the San Diego Zoo, Sea World, Balboa Park & The Birch Aquarium just to mention a few. All of these great places are just a short cab ride away. So bring your significant other, squeeze in a little business and then extend your stay to enjoy all San Diego has to offer.
We have a power-packed lineup of speakers and members to address a variety of interesting claim related topics which might be of interest to you. Among the agenda highlights:
Bodily Injury trends related to Liens Injury Science presentation from CCC Industry Trends- Customer Self-service and mobile loss reporting from
Mitchell The evolution of sport injury cases (workers compensation). Legislative updates- workers compensation and casualty property. SIU presentation- “How to prepare for a DOI audit”
Consistent with your feedback, the Fall meeting is a two day meeting with the
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PCEA Fall 2013 Meeting – San Diego, CA
following schedule:
Tues, Oct 8th: 4:00 PM Hospitality Suite Opens # 1208
Wed, Oct 9th:
AM: Committee Meetings, Golf (Riverwalk @ $75per golfer)/Spouses Lunch
PM: Educational session (1:30 PM-5:00 PM) Evening: Dinner/Entertainment/Hospitality Suite
Thurs, Oct 10th: AM: Educational Session (8:30-12:00 followed by lunch) PM: Educational Session (1:30-5:00 PM) Evening: Reception/Appetizers/Hospitality Suite
Fri, Oct 11th: AM: Breakfast
The PCEA is now using online registration, so here is the link to register for the San Diego meeting. Please register now to ensure early and accurate headcounts. The registration deadline is September 14th.
Click Here to Register for this Event
To reserve a room please call 619-233-9922 and identify yourself as a PCEA member in order to secure a room at our meeting rate of $199.
Embassy Suites San Diego601 Pacific HighwaySan Diego, Ca. 92101-5914619-233-9922
*Note – to ensure that you have a room at the preferred rate, be sure and make your reservation by September 17th.
If your company has not yet paid its 2013 dues, and you wish to continue as a member, click on the link below and follow the instructions:
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PCEA Fall 2013 Meeting – San Diego, CA
We look forward to seeing you in San Diego!
Your meeting Chair:
Bob Wilson
Team Manager
Office: 760-317-7529 Fax: 714-966-3622
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PCEA Fall 2013 Meeting – San Diego, CA
SCHEDULE OF EVENTS
Tuesday, October 8th
1:30 pm - 4:00 pm Board of Governors Meeting Mariposa Boardroom
4:00 pm– 11:00 pm Hospitality Suite Suite # 1208
Wednesday, October 9th
6:00 am – 9:30 am Member/Guests Breakfast Lobby Restaurant
7:00 am-12:30 pm Golf Riverwalk (lunch included)
9:00 am – 6:00 pm Hospitality Suite Suite # 1208
1:00 pm – 3:00 pm Spouses & Significant Others Harbor House Restaurant
Lunch Host: Bob McDaniel
1:30 pm – 5:00 pm Business Meeting Topeka/Santa Fe
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PCEA Fall 2013 Meeting – San Diego, CA
6:00 pm – 10:00 pm Reception/Dinner Reception: Topeka/Santa Fe
Foyer
Dinner: Topeka
9:00 pm – midnight Hospitality Suite Suite # 1208
Thursday, October 10th
7:15 am – 8:30 am Past Presidents Breakfast Mariposa Boardroom
7:30 am – 9:30 am Member/Guests Breakfast Lobby Restaurant
8:30 am – 12:00 pm Business Meeting Topeka/Santa Fe
12:00 pm – 1:30 pm Hosted Lunch Atrium Dining Room
1:30 pm – 5:00 pm Business Meeting Topeka/Santa Fe
5:00 pm – 7:00 pm Reception Topeka/Santa Fe
7:00 pm – midnight Hospitality Suite Suite # 1208
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PCEA Fall 2013 Meeting – San Diego, CA
Friday, October 11th
7:30 am – 9:30 am Member/Guests Breakfast Lobby Restaurant
Educational Sessions – Business Meeting
Wednesday October 9 th Session Chair: Claudia Rodriguez
1:30 pm – 1:40 pm Opening/Introductions Janet McDaniel, PCEA President
1:40 pm – 1:45 pm Anti Trust Reading Monitoring Counsel: Rand Chritton
1:45 pm – 3:00 pm Bodily injury claims
Lien trends Claudia Rodriguez and Richard DiCorrado
3:00 pm – 3:15 pm Break
3:15 pm – 4:30 pm CCC Injury Science W. Scott Palmer
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PCEA Fall 2013 Meeting – San Diego, CA
President and Founder
4:30 pm – 5:00 pm Member Updates
Thursday, October 10th Session Chair: Joe Burns
8:00 am - 9:00 am General Business Meeting Janet McDaniel
9:00 am -10:15 am Mitchell
“Industry trends, customer self-service,
Mobile loss reporting, triaging loss reporting. Alex Sun
10:15 am -10:30 am Break
10:30 am- 12:00 pm Evolution of sport injury cases Bill McCormick
12:00 pm-1:30 pm Lunch On-Site Atrium Dining Room
1:30 pm – 2:30 pm SIU presentation – RJN Investigations
“How to prepare for a DOI audit”
2:30 pm- 2:45pm Break
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PCEA Fall 2013 Meeting – San Diego, CA
2:45pm to 3:45 Bad Faith case law update Zhang case Rand Chittron
3:45 to 4:00 Break –
4:00 pm to 5:00 Workers Compensation case law updates Barry Pearlman
Monitoring counsel: Rand Chritton – Archer and Norris
Roster of MembersFall, 2013
THIS ROSTER IS FOR THE PRIVATE USE OF MEMBER COMPANIES AND IS NOT TO BE DISTRIBUTED OUTSIDE THE ORGANIZATION NOR USED FOR ANY
SOLICITATION PURPOSE
COMPANY MEMBER
ALLIANCE UNITED INSURANCE COMPANY
P O Box 6942Ventura, CA, 93006-6942
Brad Hinkle
Vice President
Phone: (800) 508-5833 x 6126
Fax : (805) 650-8994
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
ALLIANCE UNITED INSURANCE COMPANY
Associate Member
P O Box 6942Ventura, CA, 93006-6942
Everett Berry
Claims Manager
Phone: (800) 508-5833 x 6127
Fax : (805) 650-8994
Email: [email protected]
ALLIANCE UNITED INSURANCE COMPANY
Associate Member
P O Box 6942Ventura, CA, 93006-6942
Dave Edwards
Branch Manager
Phone: (800) 508-5833 x 3667
Fax : (805) 650-8994
Email: [email protected]
AMERICAN CLAIMS MGMT (ACM)
2544 Campbell Place #250
Carlsbad, CA 92009
Scott Marshall
President
Phone: (760) 827-4007
Fax: (760) 827-4950
Email: [email protected]
AMERICAN CLAIMS MGMT (ACM)
Associate Member
2544 Campbell Place
Carlsbad, CA 92009
San Diego, CA 92101
Deirdre Millwood
Assistant Vice President
Phone: (619) 744-5024
Fax: (619) 744-5027
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
AM TRUST AMERICA
P.O. BOX 2359
SAN FRANCISCO, CA 94126
Donald R. Bellinger
Senior Vice President Claims
Phone : (415) 362-7000 x2802
Email : [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
ANCHOR GENERAL INSURANCE COMPANYPO Box 50920San Diego, CA 95301-0834
AUTO CLUB OF SOUTHERN CALIFORNIA3333 Fairview RoadMail Stop A242Costa Mesa, CA 92626
AUTO CLUB OF SOUTHERN CALIFORNIAAssociate member3333 Fairview RoadMail Stop A242Costa Mesa, CA 92626
HATHAWAY HOMESTATE COMPANIES – P&C3333 Farnam Street, Suite 300Omaha, NE 68131
Dan Callam
Vice President – Claims
Work Phone: 858-527-3660
Email: [email protected]
Jim Will
Vice President, Insurance Claims Phone 714-885-1258 Email – [email protected]
Claudia Rodriguez,
Group Manager
Phone: 714-850-5563 - Fax: 714-754-4600
Email: [email protected]
Tom Mortland
Vice President
Phone: (402) 399-3137Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
CALIFORNIA CASUALTY MANAGEMENT COMPANY
P.O. Box MSan Mateo, CA 94402
James Kauffman
Senior Vice President - Claims
Phone: (650) 572-4460
Fax: (650) 573-0659
Email: [email protected]
CALIFORNIA CASUALTY MANAGEMENT COMPANY
Associate Member
P.O. Box M
San Mateo, CA 94402
T. Richardson
VP – Division Claims Director
Phone: (702) 258-0494
Fax: (702) 258-1194
Email [email protected]
CALIFORNIA STATE AUTOMOBILE ASSOCIATION
Inter-Insurance Bureau
150 Van Ness Avenue
San Francisco, CA 94102
Barbara Clark
Vice President, Claims
Phone: (415) 565-4392
Fax: (415) 431-0948Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
CLAIM PROFESSIONALS LIABILITY CO.
17742 Irvine Blvd. Suite 102
Tustin, CA 92780
Michael Hale
Chief Claim Officer
Phone: (877) 572-7542 x 101
Fax: (714) 731-4605
Email: [email protected]
CLAIM PROFESSIONALS LIABILITY CO.
Associate Member
17742 Irvine Blvd. Suite 102
Tustin, CA 92780
Harvey Lightstone
Director Claims
Phone: (877) 572-7542 x 104
Fax: (714) 731-4605
Email: [email protected]
EMPLOYERS INSURANCE GROUP
10375 Professional Circle
Reno, NV 89521
EMPLOYERS INSURANCE GROUP
Associate Member
10375 Professional Circle
Reno, NV 89521
Terry Dean
Vice President
Phone: (701) 671-7093
Email: [email protected]
Stephen Festa
Chief Claims Officer
Phone: (775) 327-2581
Fax: (775) 886-1848
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
EMPLOYERS INSURANCE GROUP
Associate Member
10375 Professional Circle
Reno, NV 89521
Christina Ozuna
Vice President-Regional Claims
Phone: (775) 327-2452Fax: (775) 886-2062
Email: [email protected]
ENTERPRISE RENT-A-CAR
17210 S Main StreetGardena, CA 90248
Kathy Turner
Vice President – Legislative and Governmental Affairs
310-851-3576 direct
310-851-6576 fax
Email: [email protected]
ENUMCLAW INSURANCE GROUP
1460 Wells Street
Enumclaw, WA 98022
Jeannie Fleming
Vice President, Claims
Phone: (800) 366-5551Fax: (360) 825-6502
Email: [email protected]
EVEREST NATIONAL INSURANCE COMPANY
1111 Broadway, #2050
Oakland, CA 94607
Lisa Simone
Vice President - Claims
Phone: (510) 273-4673
Fax: (510) 267-0752
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
EXPLORER INSURANCE COMPANY
28490 Avenue Stanford
Santa Clarita, CA 91355
Sheryl Hadlen
Vice President Claims
Phone: (661)-775-6070
Email: [email protected]
FIRST COMP INSURANCE
120 S. Green Valley Parkway, Suite 300Henderson, NV 89012
Mike Beach
Director of Claims
Phone (702) 294-7917
Fax: (402) 505-4873
Email: [email protected]
GENERAL REINSURANCE CORP
325 California Street, Suite 2100
San Francisco, CA 94104
Alan Roberson
Vice President
Phone: (415) 393-8444
Fax: (415) 421-6232Email: [email protected]
GOLDEN BEAR INSURANCE COMPANY
709 North Center Street
Stockton, CA 95202
Stacey Jackson
General Counsel
Phone: (209) 948-8191 ext 116
Fax: (209) 948-3026
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
GOLDEN BEAR INSURANCE COMPANYAssociate Member
709 North Center Street
Stockton, CA 95202
Beth Ossino
Claims Manager
Phone: (209) 870-2915
Fax: (209) 948-3026
Email: [email protected]
GRANGE INSURANCE GROUP
200 Cedar Street
Seattle, WA 98121
GRANGE INSURANCE GROUP
Associate Member
Jeff Thieme
200 Cedar Street
Seattle WA, 98121
HDR INSURANCE SERVICES
455 University Avenue, Suite 100
Sacramento, CA 95825
James (Jim) Van Farowe, CPCU
Vice President, Claims
Phone: (206) 753-4255
Email: [email protected]
Jeff Thieme
Claim Operations Manager
Email: [email protected]
Lenard F. Robinson
Executive Vice President; Chief Claims Officer
Phone: (916) 566-1000 Ext. 7101
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
INFINITY INSURANCE COMPANY
3700 Colonnade Parkway
Birmingham, AL 35243
LIBERTY MUTUAL GROUP
2180 Harvard St. , Suite 460
Sacramento, CA 95815
Anthony Smarrelli
Vice President, Claims
Phone: (205) 803-8766 ext. 38766
Email: [email protected]
Marc Glaser
Operations Manager
Phone: (916) 649-8531
Fax: (603) 334-0231
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
MAIDEN RE
6000 Midlantic Drive
Mount Laurel, NJ 08054
MAIDEN RE
Associate Member
6000 Midlantic Drive
Mount Laurel, NJ 08054
MAIDEN RE
Associate Member
6000 Midlantic Drive
Mount Laurel, NJ 08054
Dorothy E. Muir
Senior Vice President
Phone: (856) 359-2570
Fax: (856) 437-1100
Email: [email protected]
Walter O’Grady
Senior Vice President
Phone: (856) 359-2555
Email: [email protected]
Heather Mapp-Fairbairn
Vice President
Phone: (856) 359-2470
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
MERCED PROPERTY & CASUALTY
971 East Broadway
Atwater, CA 95301-0834
MERCURY INSURANCE
555 West Imperial Highway
Brea, CA 92821
Steve Fields
Claims Manager
Work Phone: 209-358-6421 ext. 302
Fax: 866-358-6461
Email: [email protected]
Joanna Moore
Senior VP-Claims
Phone: (714) 671-6539
Fax:
Email: [email protected]
NONPROFITS INSURANCE ALLIANCE GROUP333 Front St., Suite 200Santa Cruz, CA 95060
Vicki Campbell
Claim Manager
Tel: (831) 621-6031Fax: (877) 442-8153Email: [email protected]
OREGON INSURANCE GUARANTY ASSN.
10700 SW Beaverton Hwy
Beaverton, OR 97005
David C. Johnson
Administrator
Tel: (503) 641-7132
Email: djohnson.oiga@ frontier.com
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PCEA Fall 2013 Meeting – San Diego, CA
OREGON MUTUAL INSURANCE COMPANY
P.O. Box 808
McMinnville, OR 97128
Chuck Katter
Vice President - Claims
Phone: (503) 565-2722
Email: [email protected]
PACIFIC COMPENSATION INS COMPANY
30301 Agoura Rd., #100
Agoura Hills, CA 91301
Joyce Schulman
Vice President Claims
Phone: (818) 575-8580
Fax: (818) 474-8642
Email: [email protected]
PEMCO INSURANCE COMPANY
325 Eastlake Avenue East
Seattle, WA 98109
Janet McDaniel
Claim Manager
Phone: (425) 744-8536
Fax: (206) 268-6521
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
SAFEWAY, INC.
11555 Dublin Canyon Road
Pleasanton, CA 94588
SAFEWAY, INC.
Associate Member
11555 Dublin Canyon RoadPleasanton, CA 94588
David SwiatloWorkers’ Compensation Manager
Phone : (925) 469-7934
Fax : (925) 469-7056
Email : [email protected]
Juanita Hayes
Director Corporate Workers’ Compensation
Phone: (925) 226-5648
Fax: (925) 226-5090
Email: [email protected]
SEQUOIA INSURANCE COMPANY
31 Upper Ragsdale Drive
Monterey, CA 93940
SEQUOIA INSURANCE COMPANY
Associate Member
31 Upper Ragsdale Drive
Monterey, CA 93940
Lola Hogan, CPCU ARM
Chief Claim Officer
Phone: (831) 657-4543
Fax: (831) 657-4514
Email: [email protected]
Debbie Hembree
Casualty Supervisor
Phone: (831) 657-4556
Fax: (831) 657-4514
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
SEQUOIA INSURANCE COMPANY
Associate Member
31 Upper Ragsdale Drive
Monterey, CA 93940
Mark Newton
Property Supervisor
Phone:
Fax: 831-657-4514
Email:
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PCEA Fall 2013 Meeting – San Diego, CA
SGD Inc.9171 Gazette Avenue
Chatsworth, CA 91311
SPRINGFIELD INSURANCE COMPANY874 S. Village Oaks
Covina, CA 91724
Peter SchlifrinPresident
Work Phone : 818-721-4713
Fax : 818-909-7365
Email : [email protected]
Jeff D. HaynesVice President
Phone: (626) 646-2101
Fax: (626) 915-2916
Email: [email protected]
STATE COMPENSATION INS. FUND
1275 Market St.
San Francisco, CA 94103
STATE FARM INSURANCE
3333 Michelson Drive, Suite 415
Irvine, CA 92612
Beatriz Sanchez
Executive Vice President
Phone : (415) 565-4962
Fax : (415) 703-7821
Email : [email protected]
John W. Strange, CPCU
Fire Claim Manager
Phone: (949) 553-5965
Fax: (949) 553-5958
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
SUBLIMITY INSURANCE COMPANY
P. O. Box 219
Sublimity, OR 97385
Joe Burns
Claim Manager
Phone: (503) 769-3912
Fax: (503) 769-7541
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
SUTTER INSURANCE COMPANY
P.O. Box 808004
Petaluma, CA 94975-8004
SWISS REINSURANCE CORP
5200 Metcalf Ave.
Overland Park, KS 66201
UNITED HERITAGE P&C
707 E. United Heritage Ct.
Meridian, ID 83680
George LindhVice President, Claims
Phone: (707) 793-0808 x225
Fax: (707) 793-0909
Email: [email protected]
Ethan Vaughan
Vice President
Phone : 913-676-5200
Fax : 913-676-5221
Email : [email protected]
Steve Browning
VP Claims
Phone : 208-493-6109
Fax : 208-493-6209
Email : [email protected]
Roster of Past PresidentsFall 2013
THIS ROSTER IS FOR THE PRIVATE USE OF MEMBER COMPANIES AND IS NOT TO BE DISTRIBUTED OUTSIDE THE ORGANIZATION NOR USED FOR ANY
SOLICITATION PURPOSE
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
2012
Tom Mortland
Vice President
Berkshire Hathaway Homestate Insurance Company
3333 Farnam Street, Suite 50Omaha, NE 68131Phone: (402) 916-3204Email: [email protected]
2011
Kathy Turner
Vice President –
Legislative and Public Affairs
Enterprise Holdings
Phone: (310) 851-3576
Fax: (310) 851-6576
Email: [email protected]
2010
John W. Strange, CPCU
State Farm Insurance
Fire Claims Manager
3333 Michelson Drive, Suite 415
Irvine, A 92612
Phone: (949) 553-5965
Fax: (949) 553-5958
Email: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
2009
Scott Marshall
American Claims Mgmt (ACM)
President
2544 Campbell Place #250
Carlsbad, CA 92009
Phone: (760) 827-4007
Fax: (760) 827-4950
Email: [email protected]
2008
Sherry Guttmann LorrainePEMCO
Claim Director325 Eastlake Avenue
Seattle, WA. 98109Phone: (206) 628-6342
E-mail: [email protected]
2007
Lola Hogan, CPCU ARMVice President, ClaimsSequoia Insurance70 Garden Court, #200Monterey, CA 93940Phone: (831) 657-4543Fax: (831) 657-4514E-Mail: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
2006
Cortland Ray
Vice President, Insurance ClaimsAutomobile Club of Southern California3333 Fairview RoadCosta Mesa, CA 92626-1698Phone: (714) 885-1258
Fax: (714) 885-1279E-Mail: [email protected]
2005
Sheryl Hadlen
Vice President ClaimsExplorer Insurance Company28490 Avenue StanfordSanta Clarita, CA 91355Phone: (661)-775-6070
Fax: (661) 775-5801E-mail: [email protected]
2004
Lenard F. Robinson,
Executive Vice President, Chief Claims OfficerHDR INSURANCE SERVICES455 University Avenue, Suite 100Sacramento, CA 95825Phone: (916) 566-1000 Ext. 7101E-mail: [email protected]
2003
David C. Johnson, CPCU
AdministratorOregon Insurance Guaranty1077 SW Beaverton Hwy #426Beaverton, OR 97005
Phone: (503) 641-7127E-mail: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
2002
Robert D. WilsonAuto Club of Southern Cal3333 Fairview RoadCosta Mesa, CA 92626Phone: (760) 740-5780E-mail: [email protected] [email protected]
2001
Donald P. Smith
6146 Brogan WayEl Dorado Hills, CA 95762Phone: (916) 941-9625E-mail: [email protected]
2000
James Gilmartin7253 Alta VistaLa Verne, CA 91750Phone: (909) 596-2635E-mail: [email protected]
1999
Gordon J. Lahti, CPCU
Gordon J Lahti, CPCU Member of Senior Management Swiss Re 100 Pine St, Suite 2200 San Francisco, CA 94111 Phone: (415) 834-2276 Fax: (415) 834-2267 Email: [email protected]
1998
Stephen H. Miller, CPCU
Chief Operating OfficerPEMCO Mutual Insurance325 Eastlake Avenue E.Seattle, WA 98109Phone: (206) 628-4287Fax: (206) 628-5971E-mail: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
1997
Charles C. Hewitt
Claims Technical DirectorNonprofits Insurance Alliance Group333 Front St., Suite 200Santa Cruz, Ca. 95060Phone: (831) 621-6039Fax: (831) 621-6086E-Mail: [email protected]
1996
Edmond (Ed) Hartnett
3409 Augusta CtHayward, CA 94542Phone: (510) 889-6524Fax: (650) 573-0659E-mail: [email protected]
1995
Brent A. SorensonSr. VP, Claims & Regional Executive
Allianz Global Risks US2350 Empire AvenueBurbank, CA 91504-3350Phone: (818) 260-7193Fax: (818) 260-7188
Email: [email protected]
1994
Carter Thomas, CPCU
1374 Marstone Ct. S.E.Salem, OR 97306Phone: 503-931-8637E-mail: [email protected]
1993
G. Richer (Rick) Budke
President & CEOSublimity Insurance Company100 S. W. Sublimity Blvd.P. O. Box 219Sublimity, OR 97385-0219Phone: (503) 769-3900Fax: (503) 769-2114E-mail: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
1992
Robert P. FinlaysonSenior Claims ConsultantAthenium, Inc.75 Third Avenue, 2nd FloorWaltham, MA 02451 Phone: (925) 588-9893E-mail: [email protected]
1991
Kathryn Bethards
Peace Corps VolunteerC/O Krobodan Danish AssociationBox KF923Koforidua, E/R Ghana, West AfricaPhone: (Country code 233) 054 237 0056E-Mail: [email protected]
1990
David J. (Dave) Rielley43 Calle EncinitasRancho Mirage, CA 92270Phone: (619) 773-4166E-mail: [email protected]
1989 Richard C. Wiles
Unknown
1988
Donovon G. (Don) Garlets
2256 Kenry WaySouth San Francisco, CA 94080Phone: (650) 588-2797E-mail: [email protected]
1987 John H. DeMoulin Deceased
1986
William J. Saake
20460 Nashville St.Chatsworth, CA 91311
Phone: (818) 882-2409E-mail: [email protected]
1985 Charles J. MorrisDeceased
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
1984
Richard J. (Dick) Miles
40250 Clubview DriveRancho Mirage, CA 92270Phone: (760) 202-9545Fax: (760) 202-9641E-mail: [email protected]
1983 Claude M. Riddle
Unknown
1982
Fred T. Roberts, CPCU
2135 Burning Ridge DriveFranktown, CO 80116Phone: (303) 688-3625Email: [email protected]
1981 George P. Janich
Deceased
1980
Bruce Dunn619 Watchwood RoadOrinda, CA 94563Phone: (510) 254-3293Email: [email protected]
1979
D. F. (Dick) Sacino
Attorney at LawSacino, Bertolino, Hallissy & Raley740 University Avenue, Suite 100Sacramento, Ca 95825Phone: (916) 649-2214Fax: (916) 649-9241Email: [email protected]
1978
Craig H. McGee
Horizon House, 900 University St, Apt 9PSeattle, WA 98101Phone: (206) 382-5487
E-mail: [email protected]
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
1977
William O. (Bill) Held
877 Chattanooga AvenuePacific Palisades, CA 90272Phone: (310) 450-5191
1976Donald J. Baldwin
628 N. West StreetAnaheim, CA 92801
1975
J. E. (Jack) Dennis
80 Wallace WaySan Rafael, CA 94903Phone: (415) 479-0749E-Mail: [email protected]
1974 Tom P. Dolkas
Deceased
1973 W. W. Kennell
Deceased
1972 Philip A. Verhage
Deceased
1971 George R. Lambert
Deceased
1970 Edward C. Tremble
Deceased
1969 Arnold Avitable
Unknown
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
1968 Clarence Johnson
Deceased
1967 Waldo PondUnknown
1966 William T. Atkins
Unknown
1965 Robert C. (Bob) Keating
Deceased
1964 William Dashiell
Unknown
1963Roland Weiss
3018 North Sunnywood DriveFullerton, CA 92635
1962 Ted Emerson
Deceased
1961 Howard Dickey
Deceased
1960 Rene ClaudenDeceased
1959 E.W. Egle
Deceased
1958 John Bigelow
Deceased
1957Kenneth Hawkes
2612 131st Place NEBellevue, WA 98005
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PCEA Fall 2013 Meeting – San Diego, CA
YEAR PAST PRESIDENTS
1956 Charles Umland
Deceased
1955 Frazee Burke
Deceased
PACIFIC CLAIM EXECUTIVES ASSOCIATION
AMENDED AND RESTATED
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CONSTITUTION
AND
BYLAWS
ARTICLE I
NAME:
This organization shall be known as the Pacific Claim Executives Association (the “Association”).
ARTICLE II
PRINCIPAL OFFICE
The Governing Board (as defined herein) shall fix the location of the principal office of the Association at
any place within the state of California. If the Association has one or more business office(s) within or
outside the state of California, the Governing Board shall fix and designate a principal office in California.
ARTICLE III
PURPOSE:
The Association is a nonprofit unincorporated association, and is not organized for the private gain of any
person. The purpose of the Association is the promotion and advancement of the common business
interests of its member companies, as those business interests pertain to the member companies’
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involvement in the insurance industry in the PCEA Territory (as defined herein). These interests include
improving the business conditions of the lines of business that Association member companies are
engaged in, by educating member representatives about the ongoing developments and changes in their
industry, and providing member companies with a forum to discuss such developments and changes on a
biannual basis at two regularly scheduled meetings (the “Biannual Meetings”). Any action taken by the
Association shall be advisory only and shall not commit any of the Association’s member companies to
any course of action within the operations of their own businesses. Nothing in this Article shall be
construed as allowing the Association to engage in any activity which is not permitted under Section
501(c)(6) of the Internal Revenue Code of 1986, as amended (the “Code”).
DEDICATION OF ASSETS
Upon the dissolution or winding up of the Association, its assets remaining after payment, or provision for
payment, of all debts and liabilities of the Association shall be distributed to one or more nonprofit funds,
foundations, corporations or associations which have established tax exempt status under any section of
the Code. No part of the income or assets of the Association shall ever inure to the benefit of any
member, Governing Board member, or officer of the Association, or to the benefit of any private person.
ARTICLE IV
MEMBERSHIP AND REPRESENTATION:
A. The Association is an unincorporated association comprising companies writing property
or casualty insurance or exclusively managing claims for, and only for, such company, and any self-insured
companies within the PCEA Territory (as defined herein), and their representatives (each of the
companies, individually, a “Member”, and collectively, the “Members”) with each Member represented
by a qualified claims executive (the “Representative”) from the western states of the United States and
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British Columbia, Canada (the “PCEA Territory”). The states constituting the United States portion of the
PCEA Territory include the following: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New
Mexico, Nevada, Oregon, Utah and Washington.
B. In order to serve as a Representative for a Member, the Representative must be
designated at the time of application for membership, and must be a claim executive who is either:
1. Responsible for managing the claim operations of the Member in the PCEA Territory;
2. Serving as the executive responsible for the Member’s claims within the home office;
or
3. Serving as the regional claim executive responsible for the Member’s claims within
one or more of the designated states or provinces in the PCEA Territory.
C. Applications for membership may be approved by the Governing Board at any of its
regular meetings or by electronic means in the interim.
D. Any Member whose annual membership fee is not paid by the end of the Biannual
Meeting held in April, after notice from the Secretary, shall be considered to have forfeited its
membership. Reinstatement of membership may be made only through re-filing of application for
membership and payment of the membership fee established by the Governing Board.
E. Individuals serving as Representatives shall be entitled to attend the Biannual Meetings.
F. Members shall advise the Secretary as soon as practicable of any changes in their
Representative’s contact information, title or job responsibilities.
G. Subject to the provisions of Sections 18605-18640 of the California Corporations Code
(the “California Code”), the Governing Board members shall not be personally liable for the debts,
liabilities, or other obligations of the Association based upon any alleged failure to discharge his or her
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obligations as a Member including, without limiting the generality of the foregoing, any actions or
omissions which exceed or defeat any purpose to which the Association, or assets held by it, may be
dedicated.
ARTICLE V
GOVERNING BOARD:
A. A Governing Board (the “Governing Board” ), consisting of the officers of the Association
(as defined herein), shall be the executive body of the Association with full power to act in the name of
the Association on all matters within the purview of this Constitution and Bylaws.
B. The business and affairs of the Association shall be managed, and all decision-making
powers shall be exercised, by or under the direction of the Governing Board. The Governing Board may
delegate the management of the activities of the Association to any person or persons, management
company or committee, however composed, provided that the activities and affairs of the Association be
managed and all corporate powers shall be exercised under the ultimate direction of the Governing
Board. All powers not specifically reserved by the Members, herein, shall be within the powers
exercisable by the Governing Board.
C. Quorum. Sixty percent (60%) of the number of Governing Board members shall
constitute a quorum for the transaction of business. Every act done or decision made by a majority of the
Governing Board members present at a meeting at which a quorum is present shall be regarded as the act
of the Governing Board.
D. Regular Meetings:
1. A minimum of four (4) regularly scheduled meetings of the Governing Board,
including the meetings of the Governing Board scheduled during the Biannual Meetings, shall be held
each year.
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2. Meetings of the Governing Board that do not take place at the Biannual
Meetings shall be held at the principal office of the Association, or at such place within or without the
State of California as is fixed from time to time by resolution of the Governing Board. Whenever a place
other than the principal office is fixed by resolution as the place at which future meetings are to be held,
written notice thereof shall be sent not later than the following business day to all the Governing Board
members who were absent from the meeting at which the resolution was adopted.
3. Meetings of the Governing Board may also be held telephonically, so long as
the requirements for participation at such meetings, as set forth in Section F below, are satisfied.
E. Special Meetings:
1. Special meetings of the Governing Board (“Special Meetings”) may be called at
any time by the President or the Secretary, and the President or the Secretary shall call a Special Meeting
at any time upon the written request of any Governing Board member. Any action required or permitted
to be taken by the Governing Board under any provision of this Constitution and Bylaws may be taken at a
Special Meeting.
2. Notice of the time and place of Special Meetings shall be given to each
Governing Board member by one of the following methods: (a) by personal delivery or written notice; (b)
by first class mail, postage paid; (c) by telephone including a voice messaging system or other system or
technology designed to record and communicate messages, facsimile, electronic mail, or other electronic
means; or (d) by telegram, charges prepaid. All such notices shall be given or sent to the Governing Board
member’s address as shown on the records of the Association; or, if notice is given by facsimile, the notice
shall be sent to each Governing Board member at his or her facsimile number as shown on the records of
the Association; or, if notice is given by electronic mail, the notice shall be sent to each Governing Board
member at his or her electronic mail address as shown on the records of the Association. Any oral notice
given personally or by telephone may be communicated directly to the Governing Board member or to a
person at the Governing Board member’s office who would reasonably be expected to communicate such
notice promptly to the Governing Board member.
3. Notices sent by first class mail shall be deposited into a United States mail box
at least four days before the time set for the Special Meeting. Notices given by personal delivery,
telephone, voice messaging system or other system or technology designed to record and communicate
messages, facsimile, electronic mail or telegraph shall be delivered, telephoned, telecopied, faxed, send
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by electronic mail or given to the telegram company at least 48 hours before the time set for the Special
Meeting.
4. The notice shall state the time and place for the Special Meeting, except that
the place of the meeting need not be specified if the meeting is to be held at the principal executive office
of the Association. The notice need not specify the purpose of the meeting.
F. Participation in Meetings. Governing Board members may participate in a meeting
through use of conference telephone or electronic video screen communication as long as all members
participating in the meeting are able to hear one another. Governing Board members may also
participate in a meeting through use of electronic transmission by and to the Association, other than
conference telephone and electronic video screen communication, if (a) each member participating in the
meeting can communicate with all of the other members concurrently; and (b) each member is provided
the means of participating in all matters before the Governing Board, including, without limitation, the
capacity to propose, or to interpose an objection to, a specific action to be taken by the Association.
G. Adjourned Meetings. A quorum of the Governing Board members may adjourn any
Governing Board meeting to meet again at a stated day and hour. In the absence of a quorum a majority
of the Governing Board members present may adjourn from time to time to meet again at a stated day
and hour prior to the time fixed for the next regular meeting of the Governing Board. The motion for
adjournment shall be recorded in the minute book of the Association. If the meeting is adjourned for
more than twenty-four (24) hours, notice of any adjournment at another time or place shall be given prior
to the time of the meeting to the members of the Governing Board who were not present at the time of
the adjournment.
H. Waiver of Notice. Notice of a meeting shall also be deemed given to any Governing
Board member who attends the Special Meeting without protesting before or at its commencement
about the lack of adequate notice. Governing Board members can protest the lack of notice only by
presenting a written protest to the Secretary of the Association either in person, by first class mail
addressed to the Secretary at the principal office of the Association as contained on the Association’s
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records as of the date of the protest, or by facsimile addressed to the facsimile number of the Association
as contained on the Association’s records as of the date of the protest.
I. Action without meeting. Any action required or permitted to be taken by the
Governing Board under any provision of this Constitution and Bylaws may be taken without a meeting, if
all Governing Board members shall individually or collectively consent in writing to such action. Such
written consent or consents shall be filed with the minutes of the proceedings of the Governing Board.
Such action by written consent shall have the same force and effect as an unanimous vote of the
Governing Board.
J. Program Chairs. In accordance with their planning of Biannual Meetings, the Governing
Board shall designate individuals, whether Representatives or guest speakers, who will serve as program
chairs (the “Program Chairs”) for the Biannual meetings. The Program Chairs shall assist the Governing
Board in developing the panel discussions, and specific topics to be discussed, at the Biannual Meetings.
Program Chairs shall be allowed to attend Governing Board meetings held during the twenty-four (24)
month period preceding the Biannual Meeting for which they have been designated.
K. Removal. Governing Board members may be removed without cause by a simple
majority of Governing Board members then in office.
L. Resignations. Except as provided in this paragraph, any Governing Board member may
resign, which resignation shall be effective upon giving written notice to the Governing Board, unless the
notice specifies a later time for the resignation to become effective. No Governing Board member may
resign if the Association would then be left without a duly elected Governing Board member in charge of
its affairs.
M. Appointment to Fill Vacancies. If a vacancy is created by any event, a majority of the
remaining Governing Board members then in office may appoint a new Governing Board member to serve
until the next October Biannual Meeting of the Members (the “Annual Meeting”). An appointment to fill
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a vacancy shall only be made at a meeting of the Governing Board, held upon proper notice as set forth in
this Article V.
N. No Removal on Reduction of Number of Governing Board Members. No reduction of
the authorized number of Governing Board members shall have the effect of removing any Governing
Board member before that Governing Board member’s term of office expires.
O. No Compensation. No member of the Governing Board shall receive compensation,
directly or indirectly, from the Association for their services rendered in connection with their elected
position.
P. No Liability for Governing Board Members. Subject to the provisions of Sections
18605-18640 of the California Code, the Governing Board members shall not be personally liable for the
debts, liabilities, or other obligations of the Association for any reason, including, without limitation, any
alleged failure to discharge his or her obligations as a Governing Board member.
ARTICLE VI
OFFICERS:
A. The Association shall have as officers a President, Vice President, Secretary, Treasurer
and an Immediate Past-President (individually, an “Officer”, and collectively, the “Officers”), which
Officers shall also constitute the Governing Board. The Association may also have, at the discretion of the
Governing Board, one or more vice presidents, one or more assistant secretaries, one or more assistant
treasurers. Any number of offices may be held by the same person, except that neither the Secretary nor
the Treasurer may serve concurrently as the President. The Officers shall be elected, as provided in this
Article VI.
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B. Nomination and Elections:
1. Election of an individual as an Officer under this Article VI constitutes election
to the Governing Board for a period of five (5) years (the “Term of Office”), during which Term of Office
elected Officers shall serve one (1) year in each of the 5 offices in the following sequential order: (a)
Secretary, (b) Treasurer, (c) Vice President, (d) President and (e) Immediate Past-President.
2. At anytime prior to the final day of the Annual Meeting, the Governing Board
shall, after seeking the advice of individuals attending the Annual Meeting who have previously served in
the office of President, select a nominee (the “Nominee”) from among the Representatives to be elected
to the Term of Office on the Governing Board.
3. The Members shall vote to approve and confirm the Nominee at the Annual
Meeting or at any adjournment thereof.
4. Each Member of the Association shall be entitled to one vote, such vote to be
cast by the Representatives attending the Annual Meeting.
5. A majority of the ballots cast by those present and qualified to vote is
necessary for the Nominee to be approved and confirmed.
6. In the event that the Nominee is not approved and confirmed by a vote of the
Members, the office shall be considered vacant.
7. Vacancies in the Governing Board shall be filled by a majority vote of the
remaining Governing Board members until the next Annual Meeting.
C. Duties:
1. President. The President shall, subject to the control of the Governing Board,
supervise, direct, and control the business affairs of the Association and the activities of the Officers. The
President may delegate his or her responsibilities and powers subject to the control of the Governing
Board. In addition to all duties incident to their office, the President shall preside at all meetings of the
Governing Board. The President shall have such other powers and duties as may be prescribed by the
Governing Board or this Constitution and Bylaws. The President shall preside at all meetings of the
Members.
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2. Vice President. In the absence or disability of the President, or in the event of
the President’s inability or refusal to act, the Vice President shall perform all the duties of the President,
and when so acting shall have all the powers of, and be subject to all the restrictions upon, the President.
In the event of a vacancy in the presidency, the Vice President shall succeed to the office and perform the
duties of the President until formal election is held. The Vice President shall make recommendations to
the Governing Board for the constitution and staffing of any committee(s), if the Governing Board so
desires to create such committee(s) to facilitate the execution of the Association’s purpose, as defined in
Article III.
3. Treasurer. The Treasurer shall have charge of all moneys received by the
Association from whatever source, and shall keep full, accurate account of all receipts and disbursements
and books belonging to the Association. The Treasurer shall deposit all moneys in the name and to the
credit of the Association in such depositories as may be designated by the Governing Board and shall
render to the Governing Board members from time to time as they require, an account of all transactions
of the financial condition of the Association.
4. Secretary. The Secretary shall record all proceedings of the meetings and keep
minutes and all records that may be required, issue all calls for meetings, dispatch bulletins and conduct
correspondence. The Secretary shall give, or cause to be given, notice of all meetings of the Governing
Board in accordance with this Constitution and Bylaws. The Secretary shall keep the seal of the
Association, if any, in safe custody, and shall have such other powers and perform such other duties
incident to the office of Secretary as may be prescribed by the Governing Board or this Constitution and
Bylaws.
5. Immediate Past-President.The Immediate Past-President shall assist the other
Governing Board members in the execution of their duties as Officers and Governing Board members.
The Immediate Past-President shall provide guidance and recommendations on all matters before the
Governing Board in which the Immediate Past-President has experience from their time holding the other
Offices.
D. No Liability for Officers. Subject to the provisions of Sections 18605-18640 of the
California Code, the Officers shall not be personally liable for the debts, liabilities, or other obligations of
the Association for any reason, including, without limitation, any alleged failure to discharge his or her
obligations as an Officer.
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ARTICLE VII
MEETINGS OF THE MEMBERS:
A. The Biannual Meetings of the Members shall be held each April and October at a place
to be determined by the Governing Board, and shall last three (3) days. Any such meetings may be
recessed or adjourned to a subsequent date.
B. It is the expressed policy of the Association that regular attendance at all Biannual
Meetings by the Representatives is essential.
C. It is recognized that there may be circumstances where Representatives may be unable,
for reasons beyond their control, to attend. In such cases the Member may name an alternate to attend,
which alternate shall be designated in writing and submitted to the Governing Board as soon as possible.
Upon approval by the Governing Board, said alternate shall be allowed to attend in place of the
Representative at that meeting, and shall be authorized to represent the Member in all respects as if the
alternate were the official Representative of the Member.
D. Except as set forth in this Article VII, all meetings of the Members shall be designated as
closed to the public. Except as set forth in this Article VII, no person who is not a Representative, or an
approved alternate, shall be allowed to attend any meeting except that any former Officer of the
Association may attend meetings of the Association upon payment of the registration fee, and any former
Representative of a current Member may attend at the invitation of the former Representative’s
replacement, or upon application in writing to the Governing Board no later than thirty (30) days in
advance of the meeting. Attendance of any such former Representative shall be subject to the approval
of the Governing Board, at its sole discretion. The attending former Representative shall pay the
applicable registration fee for the Biannual Meeting.
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E. The Governing Board may from time to time invite or allow attorneys, advisors or other
guest speakers to attend the Biannual Meetings, as determined by the Governing Board, making such
exceptions to the Association’s closed meetings policy as the Governing Board deems advisable. In the
event that a person who is not a Representative or an approved alternate is granted the right to attend
any session, such person shall not have a vote, or any voice, in the affairs of the Association.
F. Any session which is designated as a business session (“Business Session”) by the
Governing Board shall only be open to the Representatives or their approved alternates. No other person
shall have the right to attend Business Sessions.
G. Members may have approved guests at any of the open events, luncheons or dinners of
the Association held during the Biannual Meetings (the “Open Events”), and shall be responsible for such
resulting charges, if any, as are determined by the Governing Board. The Governing Board, in its sole
discretion, shall determine which Association events are Open Events, and shall advise Members of the
planned Open Events in the corresponding Biannual Meeting agenda. The Governing Board reserves the
right to modify or cancel Open Events without notice to Members.
ARTICLE VIII
REVENUES:
A. The Governing Board shall have the power to levy assessments among the Members in
the form of the following:
1. Annual membership dues; and
2. Registration fees for the Biannual Meetings.
B. Revenue generated by membership dues and registration fees for the Biannual
Meetings shall be used by the Association to satisfy the expenses associated with the planning, operation
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and execution of the Biannual Meetings and all activities required to effect the same and the other
operating expenses of the Association.
C. The Governing Board shall determine the amount of the registration fee to be charged
for each Biannual Meeting, in addition to annual membership fees, to be paid at the time of registration
for each meeting. Said registration fee shall be refundable only if the Representative is unable to attend
for causes beyond their control and if an alternate is not approved by the Governing Board upon proper
request.
ARTICLE IX
MEMBER WITHDRAWALS:
Membership in the Association is continuous but any member may withdraw by giving at least thirty days
notice in writing of intention to withdraw. The withdrawal shall not be effective until the notice period
has expired.
ARTICLE X
AMENDMENTS:
A. This Constitution and Bylaws may be amended at any meeting of the Governing Board
called for that purpose and after proper notice has been given under Article V, except that Article V and
Article VI of this Constitution and Bylaws shall only be amended by a vote of the Members at a properly
noticed meeting of the Members in accordance with Article X, Section B.
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B. This Constitution and Bylaws may be amended at any meeting of the Members called
for that purpose and after ten days notice has been given in writing to the Members of intention to
amend. Any such amendments shall become effective provided they are adopted by a two-thirds vote of
those present and entitled to vote.
C. Any meeting called for the purpose of amending this Constitution and Bylaws may, at
the discretion of the Governing Board, be conducted electronically or telephonically.
ARTICLE XI
INDEMNIFICATION OF GOVERNING BOARD MEMBERS, OFFICERS AND AGENTS:
A. Every person who was or is a party or is threatened to be made a party to or is involved
in any action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the
fact that he or a person of whom he is the legal representative is or was a Governing Board member, or
Officer of the Association or is or was serving at the request of the Association or for its benefit as a
director or officer of another enterprise, or as its representative in a corporation, partnership, joint
venture, trust or other enterprise, shall be indemnified and held harmless to the fullest extent legally
permissible under the laws of the State of California against all expenses, liability and loss (including
attorneys’ fees, judgments, fines and amounts paid or to be paid in settlement) incurred in defending a
civil or criminal action, suit or proceeding which must be paid by the Association as they are incurred and
in advance of the final disposition of the action, suit or proceeding upon receipt of an undertaking by or
on behalf of the Governing Board member or Officer to repay the amount if it is ultimately determined by
a court of competent jurisdiction that he is not entitled to be indemnified by the Association. Such right
of indemnification shall be a contract right which may be enforced in any manner desired by such person.
Such right of indemnification shall not be exclusive of any other right which such Governing Board
member, Officers or representatives may have or hereafter acquire and, without limiting the generality of
such statement, they shall be entitled to their respective rights of indemnification under any bylaw,
agreement, vote of members, provision of law or otherwise, as well as their rights under this Article XI.
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B. The Governing Board members may cause the Association to purchase and maintain
insurance on behalf of any person who is or was a Governing Board member, or is or was serving at the
request of the Association as a director or officer of another enterprise or as its representative in a
corporation, partnership, joint venture, trust or other enterprise against any liability asserted against such
person and incurred in any such capacity or arising out of such status, whether or not the Association
would have the power to indemnify such person.
C. The Governing Board members may from time to time adopt further bylaws with
respect to indemnification and may amend this Constitution and Bylaws to provide at all times the fullest
indemnification permitted by the laws of the State of California.
ARTICLE XII
COMPLIANCE WITH LAW:
All of the provisions of this Constitution and Bylaws of the Association shall be construed and carried out
in such manner as to conform to applicable municipal, state and federal laws, and no provision thereof
contrary to, or inconsistent with, any such law is intended to, or shall be binding upon, the Members of
the Association.
CONFLICT OF INTEREST POLICY:
A. The Association shall have a Conflict of Interest Policy, the purpose of which is to
protect the Association’s interest when it is contemplating entering into a transaction or arrangement
that might benefit the private interest of an Officer or Governing Board member, or any transaction which
might result in a possible excess benefit transaction. The Conflict of Interest Policy is intended to
supplement but not replace any applicable state and federal laws governing conflict of interest applicable
to nonprofit and charitable organizations.
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PACIFIC CLAIM EXECUTIVES ASSOCIATION
CONFLICT
OF
INTEREST POLICY
A. The purpose of the conflict of interest policy is to protect the Association’s interest
when it is contemplating entering into a transaction or arrangement that might benefit the private
interest of an Officer or Governing Board Member of the Association or might result in a possible excess
benefit transaction. This policy is intended to supplement but not replace any applicable state and federal
laws governing conflict of interest applicable to nonprofit and charitable organizations.
B. Definitions:
1. Interested persons. Any Governing Board member, officer, or member of a
committee with delegated powers by the Governing Board, who has a direct or indirect financial interest,
as defined below, is an interested person.
2. Financial interest. A person has a financial interest if the person has, directly or
indirectly, through business, investment, or family:
a) An ownership or investment interest in any entity with which the
Association has a transaction or arrangement,
b) A compensation arrangement with the Association or with any entity
or individual with which the Association has a transaction or arrangement, or
c) A potential ownership or investment interest in, or compensation
arrangement with, any entity or individual with which the Association is negotiating a transaction or
arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are
not insubstantial. A financial interest is not necessarily a conflict of interest. Under this Conflict of Interest
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Policy, a person who has a financial interest may have a conflict of interest only if the Governing Board
decides that a conflict of interest exists.
C. In connection with any actual or possible conflict of interest, an interested person must
disclose the existence of the financial interest and be given the opportunity to disclose all material facts to
the members of the committee(s), if such a committee is formed by the Governing Board, with delegated
powers by the Governing Board considering the proposed transaction or arrangement.
D. After disclosure of the financial interest and all material facts, and after any discussion
with the interested person, he/she shall leave the Governing Board or committee meeting while the
determination of a conflict of interest is discussed and voted upon. The remaining Governing Board or
committee members shall decide if a conflict of interest exists.
E. Procedures for addressing the conflict:
1. An interested person may make a presentation at the Governing Board or
committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of,
and the vote on, the transaction or arrangement involving the possible conflict of interest.
2. The President shall, if appropriate, appoint a disinterested person or committee
to investigate alternatives to the proposed transaction or arrangement.
3. After exercising due diligence, the Governing Board or committee shall
determine whether the Association can obtain with reasonable efforts a more advantageous transaction
or arrangement from a person or entity that would not give rise to a conflict of interest.
4. If a more advantageous transaction or arrangement is not reasonably possible
under circumstances not producing a conflict of interest, the Governing Board or committee shall
determine by a majority vote of the disinterested Governing Board members whether the transaction or
arrangement is in the Association’s best interest, for its own benefit, and whether it is fair and reasonable.
In conformity with the above determination, it shall make its decision as to whether to enter into the
transaction or arrangement.
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F. Violations of the conflict of interest policy:
1. If the Governing Board or committee has reasonable cause to believe a
member of the Governing Board has failed to disclose actual or possible conflicts of interest, it shall
inform the member of the basis for such belief and afford the member an opportunity to explain the
alleged failure to disclose.
2. If, after hearing the member’s response and after making further investigation
as warranted by the circumstances, the Governing Board or committee determines the member has failed
to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective
action.
G. Records of proceedings. The minutes of the Governing Board and any committees with
Governing Board delegated powers shall contain:
1. The names of the persons who disclosed or otherwise were found to have a
financial interest in connection with an actual or possible conflict of interest, the nature of the financial
interest, any action taken to determine whether a conflict of interest was present, and the Governing
Board’s or committee’s decision as to whether a conflict of interest in fact existed.
2. The names of the persons who were present for discussions and votes relating
to the transaction or arrangement, the content of the discussion, including any alternatives to the
proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings
H. Compensation. No member of the Governing Board shall receive compensation,
directly or indirectly, from the Association for their services rendered in connection with their elected
position.
I. Periodic reviews. To ensure the Association operates in a manner consistent with the
Association’s purposes as set forth in Article III of the Association’s Constitution and Bylaws, and does not
engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The
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periodic reviews shall, at a minimum, include the following subjects: whether partnerships, joint ventures,
and arrangements with management organizations conform to the Association’s written policies, are
properly recorded, reflect reasonable investment or payments for goods and services, further the
Association’s purposes and do not result in inurement, impermissible private benefit or in an excess
benefit transaction.
J. Use of outside experts. When conducting the periodic reviews as provided for in this
Conflict of Interest Policy, the Association may, but need not, use outside advisors. If outside experts are
used, their use shall not relieve the Governing Board of its responsibility for ensuring periodic reviews are
conducted.
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PCEA Fall 2013 Meeting – San Diego, CA
CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting Secretary of PACIFIC CLAIM EXECUTIVES ASSOCIATION (the
“Association”), a California nonprofit unincorporated association, that this Constitution and Bylaws and Conflict of
Interest Policy, together consisting of thirteen (13) pages, not including this certificate, are the only internal rules
governing the Association as adopted by the Governing Board on April 23, 2009, and that neither this Constitution
and Bylaws nor the Conflict of Interest Policy have been amended or modified since that date.
Executed on the 23rd day of April, 2009.
/s/ Tom Mortland
______________________________________
Tom Mortland,
Secretary
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PCEA Fall 2013 Meeting – San Diego, CA
ANTITRUST POLICY STATEMENT AND GENERAL GUIDELINES
FOR ANTITRUST COMPLIANCE FOR THE
PACIFIC CLAIM EXECUTIVES ASSOCIATION
It is the policy of the Pacific Claim Executives Association (“PCEA”) that all of its activities shall be
conducted in compliance with all federal and state antitrust laws. All of the business meetings and other
affairs shall be conducted in strict compliance with applicable antitrust laws and trade regulations. PCEA
shall not participate in, permit, condone or promote any actions taken by its members on behalf of PCEA
or its representatives, that restrict trade, increase or fix prices, prevent competition or in any other way or
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adversely affect the ability of any company, firm or individual to participate in the PCEA or to compete in
this industry.
It is not the intention of PCEA to provide a forum for standardizing products or rates, current or
future pricing, charges, credit terms, or for dividing markets or fixing profit levels for selecting or excluding
competitors or suppliers.
Officers, staff, directors and members of PCEA are directed to adhere to this policy when
engaging in any PCEA activity and to immediately report to and consult with PCEA’s legal counsel for
appropriate advice and action regarding any proposals, communications, activities or incidents that may
violate this antitrust policy. Any violation of the PCEA Antitrust Policy Statement is contrary to PCEA’s
policy and is cause for expulsion, suspension, termination or similar action.
By membership in PCEA, or by attendance at any of its meetings or conferences, each member
agrees to follow the letter and the spirit of all applicable antirust laws and regulations.
PCEA GUIDELINES FOR ANTITRUST COMPLIANCE
PCEA is a Public Benefit Corporation (not-for-profit) organized to serve the insurance industry
with information on insurance issues. PCEA is not intended to, and shall not, play any role in the
competitive decisions of its member companies or their employees, and PCEA shall not in any way
restrict competition between or among its members or non-members.
In particular, PCEA and its committees, directors, officers, employees and members
SHALL NOT:
Discuss competitively sensitive insurance company practices;
Discuss or disclose individual company or member practices, pricing methods, premiums,
rates, rate levels, allocations, territories or markets, underwriting standards, market entry
or withdrawals, commissions, coverages or customers;
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Engage in discussions or communications that might be construed as an agreement or
understanding to refuse or refrain from using any certain vendors, companies, agents,
brokers, suppliers or products, or from dealing with any company, business, individual or
customer;
Discuss prices, pricing formulas, product plans, or marketing plans.
Consistent with its goals, PCEA and its members may discuss various insurance industry related
procedures and policies, but they may not refuse to deal with or impose sanctions on companies that do
not implement a particular standard that is discussed, adopted or endorsed by PCEA.
PCEA and its members may discuss and take positions on insurance-related legislation and
regulation, but members may not discuss their market response in reaction to passage of, or the failure to
pass, new laws, or regulations. Nor should any member threaten market withdrawal or underwriting
restrictions in order to induce the passage or defeat of favorable laws or regulations. Members may,
however, discuss the impact that legislative or regulatory change might have on business operations and
the consequent general effects on the availability and affordability of insurance.
In addition, PCEA and its members, directors, officers, and employees must strictly observe the
following:
Do not give or listen to speeches or announcements, or participate in any discussions,
encouraging coordinated behavior in order to maintain prices, profit margins or stability in
the industry.
Do not attend formal meetings where standard meeting procedures are not followed or
where there is no fixed agenda.
Do not discuss matters of industry concern at informal meetings, such as impromptu
meetings at a hotel, restaurant, bar or the like, after the formal meetings have concluded.
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This Antitrust Policy Statement and General Guidelines shall appear in each PCEA meeting
program and be explained to the membership at such meetings by monitoring counsel attending for the
purpose of ensuring compliance with the statement and guidelines.
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