This document provides information about upcoming meetings and presentations related to recovery from wildfires in Southern California. It announces childcare availability for an upcoming R2R meeting, invites fire survivors and supporters to a supper event, and lists additional presentations on tax information and living with wildfire risk. It also notes that a local news station interviewed an insurance group about underinsurance and may film footage of an evening program. Breakout sessions with different insurance companies are scheduled after the main program until 9:30pm.

2. Housekeeping:
Childcare for R2R Meetings
RSVP by Wednesday prior to meeting
RSVP to 487-0811, extension 263
Childcare only with RSVP
Must present child(ren) by 7:15 pm

3. Invitation to Supper at RBCPC
Fire Survivors, Supporters, UPC Mentors
RSVP Needed
March 27th, 5:30 – 7 pm
RSVP to 487-0811, extension 211
Leave request for childcare at same time

4. Additional Presentations
Saturday, March 29th: 10 am – noon; Income Tax Overview for Fire Survivors
Non-R2R Presentation: Sierra Club: Thursday April 2nd , 7 – 9 pm
Living with Wildfire

5. Allstate Insurance Group Interviews
CBS story on under-insurance today
Interviewed the Allstate Group earlier
this afternoon
Have asked to gather footage of this
evening’s program

6. SoCal 2007 Wildfire
SoCal 2007 Wildfire
Roadmap to Recovery
Roadmap to Recovery
Meeting #9, March 13, 2008
Meeting #9, March 13, 2008
When Litigation is Necessary… Strategic Use
When Litigation is Necessary… Strategic Use
of Legal Services & Scopes of Loss
of Legal Services & Scopes of Loss
Rancho Bernardo Community Presbyterian Church
Rancho Bernardo Community Presbyterian Church
Karen Reimus
reimus1@aol.com

7. Fine print:
The information provided in this program is intended for
general educational purposes only. It should not be
construed as legal advice.
The speakers at today’s program are volunteering their
time as educators.
Neither United Policyholders nor the Rancho Bernardo
Community Presbyterian Church endorse or warrant the
quality or services of any volunteer speakers.

8. Our heartfelt thanks to:
The Rancho Bernardo Community
Presbyterian Church
Jann Hoff (audio-visual in the back)
All our UP Mentors and Sponsors
The speakers at tonight’s meeting

9. When Litigation is Necessary…
Strategic Use of Legal Services
Mike Bidart, Esq.
www.sbd-law.com
Managing partner of Shernoff Bidart Darras, a law firm
specializing in bad faith prosecution
Mr. Bidart was named a Super Lawyer of 2004 by Law & Politics Magazine
and Los Angeles Magazine. He has been profiled in the National Law Journal,
The American Lawyer and California Lawyer Magazine.
Supporting 2003 Cedar Fire Survivors

10. Mike Bidart, Esq.
He has helped win > $300 million for
victims of the 1994 Northridge earthquake
His firm is one of the few to have won an
underinsurance case stemming from the
2003 Cedar Fire

11. Refresher: Create a paper trail,
even if it’s not your normal “m.o.”
It is important to confirm representations and agreements in writing –
even though it seems time-consuming and yet another hassle.
Use your insurance CLAIM DIARY to create a record of everything that’s
happened between you and the insurance company.
Write short and to the point letters to your adjuster that outline issues that
need to be resolved and problems that are delaying settlement of your
claim.
Always put reasonable deadlines in your letters that tell the insurance
company when you expect a reply. (i.e., “Please respond no later than
fourteen business days from the date on this letter).
Refer to the CA. Fair Claim Settlement Practice regulations as often as
they apply.

12. Go up the chain of command:
Write letters to your adjusters’ supervisors, their
supervisors, and even the President or CEO of
the insurance company.
Follow up with phone calls.
Take the time to read the wording of the specific
exclusions or limitations that the insurance
company is relying on. Read the whole policy
and whatever brochures or sales materials you
can get your hands on. You may find words that
show they promised or owe more benefits than
they’re offering.

13. Pace yourself and resist being
rushed or pressured
Insurers frequently extend policy deadlines and relax requirements
for proofs of loss
By law you have up to 24 months of ALE benefits
The CDI may help you get time extensions if your insurer
unreasonably refuses
You may feel frustrated and powerless at times, but you are NOT.
The laws that protect you give you power
A catastrophic insurance claim can take two years or more to get
fully and fairly settled.

14. Your policy is a legal contract
It gives you and your insurance company rights
and responsibilities
Cooperation, documentation, investigation
Do not do any of the following without first
checking with an attorney who has experience
representing policyholders:
1) Sign "releases" or waivers
2) Give a recorded statement
3) Submit to an Examination Under Oath

15. Your goal is to be effective in claim
settlement negotiations.
Insurance policies are contracts written by
insurance company lawyers.
Legal arguments can strengthen your negotiating
position. Read the CA. Fair Claims Regulations
and/or consult with a lawyer to develop a strategy
Use his or her advice and arguments to convince
your insurance company to change its position
without getting involved in a lawsuit.

16. Did you know?
Under CA. law, your insurance company cannot require
you to use a specific professional to repair/replace your
property? Reg. 2695.9
Under CA. law your insurance company must give you
copies of estimates and other documents in your claim
file? Ins. Code sec. 2071 and Reg. 2695.9 (d)
Under CA. law your insurance company must respond
to your calls and letters within 15 days? Reg. 2695.5

17. Legal Issues: Underinsurance 101
If the dollar limits in your policy are not enough to
cover the cost of putting you back where you
were before a loss, you are underinsured.
As many as 90% of those who lost homes in the
recent wildfires in Southern California may be
underinsured in one or more categories
(dwelling, contents, ALE, other structures, etc.)
Review all prior policies to determine reductions
or eliminations of coverage.

18. Six basic steps if you suspect or
know that you're underinsured:
Step One: Calculate the total scope and amount of your losses in each major category: (Dwelling,
Contents, ALE, Other Structures, and Debris Removal). If your insurer sold you a “replacement
cost” policy, your total losses are what your coverage limits should have been.
Step Two: Remember and reconstruct as best you can the history of how your limits were set.
Step Three: Consult with previous disaster survivors and at least one experienced policyholder
attorney with the goal of getting a realistic assessment of your chances of convincing your insurer
to pay more than your stated policy limits.
Step Four: Choose your words carefully. Consult with an experienced policyholder attorney
before allowing your insurer to interview you, take your recorded statement or examine you under
oath. Your own words can unintentionally harm your chances of getting paid in full. Go to "Find
Help" at www.unitedpolicyholders.org as a starting point to find the right lawyer.
Step Five: Make a clear, written demand that your insurance company honor the promises it
made to put you back where you were before a loss.
Step Six: Go on record. File a complaint with the California Department of Insurance. Keep your
complaint simple and general. Don't go into specifics about your dealings with the
agent/broker/insurance company. Identify your company and the approximate amount of the
shortfall.

19. Scope of Loss:
WHAT: Defines, describes, details “as it was” dwelling loss
WHY: A foundation for settling dwelling claim
HOW: Should be independent/objective
- A scope of loss is not the same as an estimate
- A scope of loss should allow estimates to be prepared
and compared “apples to apples”
- A scope of loss is the basis for an independent, credible
repair/replacement estimate

20. Get independent estimates and
opinions on repairs
If insurance company adjusters or contractors
offer to settle based on computer-generated or
“lowball” estimates, get independent estimates
from qualified local builders or construction
professionals and read our FAQs.
Aim for estimates that can be compared side by
side with your insurers’ estimates.

21. Contractor scams are very
common after disasters
Before you hire a contractor, check their
customer references and their license
status online with the Contractors State
Licensing Board www.cslb.ca.gov
or call: 1-800-321-CSLB (2752)

22. Strategic Use of Legal Services
Mike Bidart, Esq.
www.sbd-law.com

23. Refresher:
What is a Scope of Loss?
Bob Rettig
Bob Rettig Construction and Consulting

24. What is a Scope?
Describes in detail the building components
and finishes of your home (Coverage A) and
on your property (Coverage B).
Addresses costs to meet current building
code standards.
It is based upon the information you
provide.
Therefore, IT IS ONLY AS ACCURATE AS
THE INPUT WE RECEIVE FROM YOU.
BRCC

25. Why Do You Need One?
•Without a Scope of Loss, you have no
way to determine if what your
insurance carrier is offering is fair.
•You have no leverage in negotiations.
BRCC

26. Why Can’t You Get One
From Your Contractor?
•Contractors don’t usually provide
enough detail.
•Perceived conflict of interest.

27. How Do We Develop
Your Scope?

28. The BRCC Homeowner Questionnaire
Site Visit
Interview

29. Other Homeowner Input:
Plans
Drawings
Photos
Videos
Reports
Receipts

30. Making Your Preliminary Scope
Final

31. Preliminary Scope Feedback

32. Things to
Keep in Mind

33. PRELIMINARY
means
PRELIMINARY

34. Your neighbor’s home
is not your home.

35. Marshall and Swift and similar
softwares are not detailed
estimates from which to build
your home.

36. Bob Rettig Construction
and Consulting
CA Contractor’s License 748100
BRettig@RettigConsults.com
www.RettigConsults.com

38. Additional Presentations
Saturday, March 29th: 10 am – noon; Income Tax Overview for Fire Survivors
Non-R2R Presentation: Sierra Club: Thursday April 2nd , 7 – 9 pm
Living with Wildfire

39. Invitation to Supper at RBCPC
Fire Survivor Community, Supporters, UPC Mentors
RSVP Needed by March 24th
March 27th, 5:30 – 7 pm
Fellowship Hall
RSVP to 487-0811, extension XXX

40. Break Out Sessions
for Fire Survivors
Open to 9:30 pm: Firm Stop time
Upstairs:
State Farm : Dormer West
Farmers : Skylight West
Allstate : Upper Courtside East
USAA: Small room off lobby
Other Companies: Sanctuary