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The American Contractor Show

The Attorney & Contractor Relationship Explored – London Crounse & Michael Dye

πŸ“… December 15, 2020 ⏱️ 38:53 🎀 John Dye, London Crounse, Michael Dye

Chapters

Click to jump to section

  • 1:19
    Cold open: carriers, lobbyists & advertising
  • 2:26
    Meet attorney London Crounse & Apex
  • 3:29
    Why an attorney settles claims faster
  • 5:38
    Bad faith, delay & treble damages
  • 6:42
    The HOA job: finish work, fight later
  • 8:49
    Why documentation wins claims
  • 9:52
    Release all undisputed funds
  • 12:03
    The Louisiana underinsurance / coinsurance fight
  • 14:15
    Legislative battle over adjuster fees
  • 18:00
    Personal injury vs. property loss analogy
  • 20:43
    Protecting the contractor's profit
  • 22:51
    Engineers, the 80-foot boom & mutual inspections
  • 26:33
    The UPPA boogeyman: facts vs. opinions
  • 29:11
    The date-of-loss trap
  • 33:57
    Real cases: wrong date = zero payout
  • 36:35
    'Date of discovery' workaround & wrap

Speakers

J
John Dye
Host, The American Contractor Show
L
London Crounse
Attorney, Dellien Black
M
Michael Dye
Owner, Apex Restoration & Roofing (Denver, CO)

Key Takeaways

✦

Carriers don't have to talk to a contractor or public adjuster, but they respond fast to an attorney - claims that drag for a year can settle in weeks once a lawyer is involved.

✦

On large losses, an attorney can stack treble-damage exposure (bad faith, delay, time), which pressures carriers to settle rather than litigate a multi-million-dollar claim.

✦

Documentation is the contractor's loaded gun - Apex shot 4,000+ photos on one HOA job so the attorney could prove layers, labor, and cost and lay evidentiary foundation.

✦

Finish agreed-scope work and fight over the rest later; sending an invoice that's under the original estimate makes the claimant look reasonable and the carrier's bad-faith meter climb.

✦

Use the 'release all undisputed funds' demand - if the carrier can't give a reasonable basis to deny remaining line items, they're exposed to bad faith.

✦

On an 80% coinsurance/underinsurance dispute, the contractor can provide both repair and replacement-cost estimates to argue the building wasn't actually underinsured.

✦

Never pick the date of loss for the policyholder - present hail reports and let them choose; a wrong or carrier-chosen date can turn a million-dollar claim into a zero payout via deductible changes.

✦

Decline redundant carrier 'mutual inspections' when damage is already documented - the worst accusation is failing to agree to a mutual inspection, which carries little weight.

✦

Avoid UPPA accusations by stating facts, not opinions - 'the damage is here, it costs this, the policy says this' - and let the conclusions lead themselves; no one has ever been charged with UPPA.

✦

The legislative fight: making public-adjuster fees payable by the carrier (like attorney's fees) so they don't come out of the policyholder's - and contractor's - profit.

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