Épisodes

  • Painted Into A Corner

    Painted Into A Corner
    Jan 27 2025

    The adjuster describes how attempting to force an insurer into admitting fault or setting a precedent can backfire, leading to claim denials and litigation. The lesson emphasizes the importance of understanding insurer motivations and strategically shifting negotiation tactics towards compromise.


    The "Cornering" Effect and Insurer Resistance:

    • The central idea is that insurance companies will resist agreeing to arguments that could implicate them in "bad faith" or set unfavorable precedents for future claims.
    • As the adjuster explains, "sometimes we make arguments and we put them in a position where if they agree with us they implicate themselves in bad faith or they set a precedent for future claims."
    • This happens when adjusters try to force insurers to define ambiguous policy language, admit to past errors, or concede on coverage issues that aren't clearly defined.

    The "Our Position Stands" Response:

    • When faced with arguments that could lead to precedent-setting or admissions of wrongdoing, insurers often resort to the response, "Our position stands."
    • The adjuster points out, "if you ever hit a brick wall like that you need to understand that you have just put them in a position where they're going to set a precedent or implicate themselves."
    • This response is a strategy to avoid admitting fault and triggering potential ripple effects on other claims.

    Litigation as a Strategic Ploy:

    • Insurers may intentionally push cases towards litigation to create an opportunity for a "compromised settlement."
    • The reasoning for this is, "once the suit is filed they can make a offer that is a compromised settlement and that compromised settlement gets rid of all the arguments that were made previously."
    • This allows them to avoid admitting wrongdoing or creating precedents, settling the case purely on financial terms rather than principle.

    Compromise as a More Effective Strategy:

    • Instead of attempting to "prove them wrong," the adjuster advocates for a shift toward a compromise settlement approach, especially after encountering resistance.
    • The key tactic is for the public adjuster to say to the insurance company, "we have discussed it and we are willing to accept a compromised settlement offer in the amount of X and if you'll agree to that we'll sign off on a release."
    • This allows both parties to move forward without a costly and protracted legal battle and avoid setting precedent.

    Public Adjusters Can Initiate Compromise Settlement:

    • Public adjusters can directly negotiate a compromise settlement on behalf of their clients without the need for an attorney.
    • The adjuster states, "For you Public Adjusters out there you're allowed to do that hey I talk to my client and we have agreed to accept a compromise settlement in the amount of X..."
    • This tactic can help resolve claims faster and avoid a lot of legal expense, as long as the client has agreed to the settlement amount.

    Focus on Client Needs:

    • Ultimately, the adjuster emphasizes that the primary goal should be to get the client's needs met: "ultimately I just need to help my client be able to make repairs."
    • The focus then shifts from winning an argument to achieving a fair resolution that allows the client to move forward.


    Conclusion:

    The most important lesson from this source is that successful negotiation with insurance companies requires understanding their motivations and avoiding confrontational approaches that can lead to resistance. Instead of trying to force admissions of wrongdoing, a focus on compromise settlements and client needs can be more effective for achieving favorable outcomes.

    Become a member at https://plus.acast.com/s/the-claim-clinic.


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    12 min
  • Don't Negotiate With Terrorists

    Don't Negotiate With Terrorists
    Jan 23 2023

    Negotiating your bill with adjusters is negotiating against yourself.

    I interviewed a new Restorer and expounded upon the importance of having solid contracts and understanding leverage in the claims environment.


    #ThickestFileWins #VirtualInspections #RemoteEstimating #Contractors #CustomerCentricClaims #InsuredFirst #TheStructureSpeaks #restoration #largeloss #claimslife #estimating #Xactimate #CoverThatOverhead #dothehardthings #InsuranceClaims #LitigationSupport #appraisal #Matterport #DroneMeBro #3dscanning #drones

    LARGE LOSS CONSULTING | APPRAISALS | XACTIMATE® | CLAIM SUPPORT

    Get Matterport: https://amzn.to/3WUZbKs

    I've included a "sample" CAT pricelist in my online course: FactorThatShit.com - 25% off code: CATTEAM

    PLX/pricelist files in course documents

    claimsdelegates.com/roofsketch


    ~ In 2012, Andy McCabe founded the property claim estimating and claims consultancy called Claims Delegates. Claims Delegates retains an army of dedicated professionals who write Xactimate® estimates for contractors, attorneys and adjusters across the country. They also consult on Large Loss and CAT events. They are currently accepting new client applications: WriteMySheet.com


    Xactimate Estimates: http://www.claimsdelegates.com/xactimateestimates/

    Schedule of Fees: https://www.claimsdelegates.com/feeschedule


    One-On-One Restoration/Estimating Advice & Coaching: ClaimsDelegates.com/consult https://clarity.fm/andrewmccabe


    The 24HR TECH mitigation documentation system: www.waterdamageprofit.com This training system and documentation package will help you train techs faster and get paid more for mitigation projects. The 24HR TECH on Amazon: https://amzn.to/2NVpZ9Y

    Become a member at https://plus.acast.com/s/the-claim-clinic.


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    44 min
  • e47: RECAST of Andy McCabe on A6F

    e47: RECAST of Andy McCabe on A6F
    Sep 27 2021

    Jeremy Rettig brings on one of the most known names in the restoration business, Andrew McCabe. Andy is a 20-year veteran of the disaster recovery industry and has performed every function of a restoration professional from mold and water technician to marketing and estimating. 

    After working for several contractors in three states, Andy opened the independent Xactimate estimating & restoration consulting company Claims Delegates based in Bend, Oregon. He applies his knowledge and experience helping contractors navigate the strange world of insurance claims specializing in property damage insurance claims resolution and complex building envelope issues.

    The two dive into entrepreneurial guilt, their different business models, and Jeremy shares a story of how he saved a teenager from being trapped in his car in the most recent storm.

    What You Will Learn:

    (*) Navigating the fine line of playing by the rules and compromising your integrity

    (*) What are the Restoration Rebels?

    (*) What are restoration companies today doing wrong?

    (*) Why is restoration recession proof?

    (*) Don't get taken advantage of

     

    Links:

    youtube: https://youtu.be/08WYL-SiOpI

    andy@claimsdelegates.com

    https://www.adjuster-university.com/

    https://www.facebook.com/groups/RestorationRebel

    https://www.linkedin.com/in/andymccabe/

    https://www.claimsdelegates.com 

    https://twitter.com/claimsdelegates

    Become a member at https://plus.acast.com/s/the-claim-clinic.


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    1 h et 8 min
  • e46: Interview with Andrew Sall

    e46: Interview with Andrew Sall
    Sep 17 2021
    Andrew Sall is the Business Interruption Guy. You wouldn't go into court without a lawyer. Don't file a Business Interruption claim without talking to Andrew Sall.

    Become a member at https://plus.acast.com/s/the-claim-clinic.


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    1 h et 2 min
  • The Claim Clinic: How Do We Get Paid?

    The Claim Clinic: How Do We Get Paid?
    Jun 8 2021
    Claim Clinic e45:"How Do We Get Paid?!"Andy G sits down with Rainy Day Services for an engaging conversation.Great Books:Start With Why https://amzn.to/2XeW6qvLeaders Eat Last https://amzn.to/2ZiwA6wThe Infinite Game https://amzn.to/3cQDcwUGood T

    Become a member at https://plus.acast.com/s/the-claim-clinic.


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    59 min
  • The Intentional Restorer - Jon Isaacson

    The Intentional Restorer - Jon Isaacson
    May 19 2020
    John Isaacson of the Intentional Restorer and The DYOJO podcast shared some industry insight and colorful history with us.The DYOJO Podcast features features interviews with our friends and peers within the property restoration, construction and insurance industry.Through these episodes we seek to help professionals connect and collaborate so that we can all shorten the learning curve for conquering our goals.We will touch on ways to optimize your efforts with people, process, production and progress (The 4 P's) so that you can elevate your ability to compete in the market.Hosted weekly by Jon Isaacson, The Intentional Restorer, as featured in Restoration and Remediation Magazine (R&R). The DYOJO Podcast is available on Anchor Podcast, Spotify Podcast, Apple Podcast on iTunes, Google Podcast and Youtube Three Questions with a Pro.FROM OUR SPONSOR:~ In 2012, Andy McCabe founded the property claim estimating and claims consultancy called Claims Delegates. Claims Delegates retains an army of dedicated professionals who write Xactimate® estimates for contractors, attorneys and adjusters across the country. They also consult on Large Loss and CAT events. They are currently accepting new client applications: http://www.claimsdelegates.com/ClientIntakehttp://www.claimsdelegates.com/xactimateestimates/http://www.claimsdelegates.com/ScheduleOfFees2020One-On-One Restoration/Estimating Advice & Coaching: https://clarity.fm/andrewmccabewww.ClaimsDelegates.com LARGE LOSS CONSULTING | APPRAISALS | XACTIMATE® | CLAIM SUPPORT#ThickestFileWins #Contractors #CustomerCentric #InsuredFirst #TheStructureSpeaks #restoration #largeloss #claimslife #estimating #Xactimate #CoverThatOverhead #dothehardthings #InsuranceClaims #LitigationSupport #appraisal #Matterport #3dscanning #DroneMeBro #dronesFacebook - https://www.facebook.com/ClaimsDelegatesInstagram - @claimsdelegateTwitter - https://twitter.com/claimsdelegatesThe 24HR TECH mitigation documentation system: www.waterdamageprofit.com This training system and documentation package will help you train techs faster and get paid more for mitigation projects. The 24HR TECH on Amazon: https://amzn.to/2NVpZ9YThe Claim Clinic Podcast: www.theclaim.cliniciTunes Link https://itunes.apple.com/us/podcast/the-claim-clinic/id982839824?mt=2http://www.claimsdelegates.com/get-xactimate-estimates-written-claims-delegates/http://www.claimsdelegates.com/scoping-for-xactimate/http://www.claimsdelegates.com/xactimate-is-not-a-sales-tool/http://www.claimsdelegates.com/how-not-to-take-pictures-for-xactimate-scopes/https://youtu.be/H7MwqQYomFY My Podcasting Setup:Logitech C920 Hd Pro Webcam - https://amzn.to/2Lqq6KNSamson Meteor Mic USB Studio Microphone, Limited Edition - Headphones Bundle - https://amzn.to/2xUgxR0Microphone Arm Stand, TONOR Adjustable Suspension Boom Scissor Mic Stand with Pop Filter - https://amzn.to/3fLUop2I AM AN AMAZON ASSOCIATE“As an Amazon Associate I earn from qualifying purchases.”(paid link) #ad #CommissionsEarned Become a member at https://plus.acast.com/s/the-claim-clinic. Hosted on Acast. See acast.com/privacy for more information.
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    48 min
  • JT Kraai: Restoration Broker

    JT Kraai: Restoration Broker
    May 13 2020
    JT Kraai and Exit StrategiesServing the Restoration Industry Nationwide100% Confidential@ 503.577.5649 or info@exitstrategies360.comExitStrategies360.com  linkedin.com/in/jt-kraai-52b40018Restoration Industry Lessons Learned from the 2008 RecessionDue to the strength of the industry, restoration businesses should be front and center as solid acquisition targets.Selling a business can be scary. Terrifying when the economy isn't cooperating. The below will ease your fears.There are three primary factors driving the value of your restoration business:1. Business performance- making any money?2. Seller's personal timing- ready as an individual?3. State of the industry/ economy- still a solid business model?Ideally, all three are in alignment. Rest easy however, even during the best of times this is a challenge.Business PerformanceFrom 2008 - 2011 the industry proved it was recession resistant. Many restoration companies grew during these years.Has emergency response stopped? No. There is money to be made in a difficult economy. Many of you are in opportunistic spots as you continue to service ongoing disasters and discover how to serve new clients during this COVID-19 pandemic.Though your business model may look a bit different, it doesn't necessarily mean you'll struggle or not be able to pursue an exit.Personal TimingAfter 20+ years of transactions I've learned an owner's decision to sell is rarely due to financial reasons alone. Often sales are driven by other factors: age, health, burnout, or an industry that's no longer recognizable.Yes, some of these events can be anticipated, but many occur unexpectedly. Regularly I hear, "I'm on a 3-5 year plan to exit." Within days they'll then say, "I really need out. how quickly can you get it sold?"How does this happen? It's simple ..You're not ready to sell ... until you are. Then it can't happen fast enough.Basic preparation can be an owner's best weapon. To be clear, it does not mean you're for sale, only preparing for one. Obtaining answers is not difficult, plus they'll offer the confidence and peace of mind as you move closer to an exit.Industry & EconomyThough the recent pandemic has resulted in a decline of general acquisition activity, there are still solid buyers looking for viable restoration businesses.Due to the strength of the industry, many restoration businesses should be front and center as solid acquisition targets.There are many variables to consider when contemplating a sale. Receiving solid answers is paramount. Your exit strategy will be stronger for both you and your company.My Podcasting Setup:Logitech C920 Hd Pro Webcam - https://amzn.to/2Lqq6KNSamson Meteor Mic USB Studio Microphone, Limited Edition - Headphones Bundle - https://amzn.to/2xUgxR0Microphone Arm Stand, TONOR Adjustable Suspension Boom Scissor Mic Stand with Pop Filter - https://amzn.to/3fLUop2I AM AN AMAZON ASSOCIATE“As an Amazon Associate I earn from qualifying purchases.”(paid link) #ad #CommissionsEarned~ In 2012, Andy McCabe founded the property claim estimating and claims consultancy called Claims Delegates. Claims Delegates retains an army of dedicated professionals who write Xactimate® estimates for contractors, attorneys and adjusters across the country. They also consult on Large Loss and CAT events. They are currently accepting new client applications: http://www.claimsdelegates.com/ClientIntakehttp://www.claimsdelegates.com/xactimateestimates/http://www.claimsdelegates.com/ScheduleOfFees2020One-On-One Restoration/Estimating Advice & Coaching: https://clarity.fm/andrewmccabewww.ClaimsDelegates.com LARGE LOSS CONSULTING | APPRAISALS | XACTIMATE® | CLAIM SUPPORT#ThickestFileWins #Contractors #CustomerCentric #InsuredFirst #TheStructureSpeaks #restoration #largeloss #claimslife #estimating #Xactimate #CoverThatOverhead #dothehardthings #InsuranceClaims #LitigationSupport #appraisal #Matterport #3dscanning #DroneMeBro #dronesFacebook - https://www.facebook.com/ClaimsDelegatesInstagram - @claimsdelegateTwitter - https://twitter.com/claimsdelegatesThe 24HR TECH mitigation documentation system: www.waterdamageprofit.com This training system and documentation package will help you train techs faster and get paid more for mitigation projects. The 24HR TECH on Amazon: https://amzn.to/2NVpZ9YThe Claim Clinic Podcast: www.theclaim.cliniciTunes Link https://itunes.apple.com/us/podcast/the-claim-clinic/id982839824?mt=2http://www.claimsdelegates.com/get-xactimate-estimates-written-claims-delegates/http://www.claimsdelegates.com/scoping-for-xactimate/http://www.claimsdelegates.com/xactimate-is-not-a-sales-tool/http://www.claimsdelegates.com/how-not-to-take-pictures-for-xactimate-scopes/https://youtu.be/H7MwqQYomFY  Become a member at https://plus.acast.com/s/the-claim-clinic. Hosted on Acast. See acast.com/privacy for more information.
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    50 min
  • COVID-19 with CIH John Evans

    COVID-19 with CIH John Evans
    Apr 18 2020

    John Evans, a Certified Industrial Hygienist from New York, talks to us about pivoting your restoration business during a pandemic.

    John Evans runs the testing company Air Guys (http://airguys.us/about-us/)

    He spoke to us about how the COVID-19 pandemic snuck up on the U.S., what the state of testing is now, and what restoration contractors should be doing RIGHT NOW to position themselves for success.

    SPONSOR:

    ~ In 2012, Andy McCabe founded the property claim estimating and claims consultancy called Claims Delegates. Claims Delegates retains an army of dedicated professionals who write Xactimate® estimates for contractors, attorneys and adjusters across the country. They also consult on Large Loss and CAT events. They are currently accepting new client applications: http://www.claimsdelegates.com/ClientIntake

    http://www.claimsdelegates.com/xactimateestimates/

    http://www.claimsdelegates.com/ScheduleOfFees2020

    One-On-One Restoration/Estimating Advice & Coaching: https://clarity.fm/andrewmccabe

    www.ClaimsDelegates.com | APPRAISALS | XACTIMATE® | CLAIM SUPPORT

     

    Become a member at https://plus.acast.com/s/the-claim-clinic.


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    1 h