Cover Notes November 2014 
 Inside This Issue 3 President’s Message 4 Calendar 5 Announcements Articles 7 Thanksgiving Safety 9 Full Court Press 11 Computer Virus Warning Flyers 13 November Luncheon 14 SF Sheriff’s Reentry Center 15 Board & Committees Roster Cover Notes is published monthly by the 
 San Francisco Chapter of NAIW dba the 
 San Francisco Insurance Professionals Deadline for Submissions Articles, Events, Announcements and other contributions for Cover Notes must be received by the 15th for publication in next month's issue. Submissions can be in a Microsoft Word (.doc), Portable Document File (.pdf) file format, or in plain text. Submissions should be formatted for letter-sized paper in the portrait orientation. Please note, submissions may be edited for content, format, fit, style, etc. To submit an item, please email [email protected] Mailing Address San Francisco Insurance Professionals P.O. Box 190862 San Francisco, CA 94119 Web: Email: Cover Photo by Robert S. Donovan on Flickr https://flic.kr/p/7iNYEC 2 | November 2014 www.sfcnaiw.com [email protected] The San Francisco Insurance Professionals are affiliated with NAIW International dba  International Association of Insurance Professionals (IAIP) President’s Message By Cynthia Toms Greetings, everyone! By the time you read this message, baseball will be over. What a tremendous season for our Giants! If you missed our Giants game and tailgate sponsored by Enterprise Rent A Car, you missed great fun. Not to worry, we are planning on having another in 2015. It was great to see our Giants win against the Padres. Another event passed us at the beginning of the month was our annual golf tournament. This is another fabulous event that I highly recommend all golfers and non-golfers to attend. We already have the date secured for next year, October 16, 2015, so please look for the flyer coming soon in a future Cover Notes. I cannot believe that it is almost Thanksgiving! I thoroughly love this holiday. Beside all the yummy traditional dishes that my family and I make we have another tradition. After we fill our plates and my father says grace, we go around the table to say what we are thankful for. This has emphasized to all of my family of the import bond that we all share. It’s so hard to get all of us together but Thanksgiving tends to do that for us. I am very fortunate to have all of my family still here and in the same state. Feel free to share your own traditions with me ([email protected]). I’d love to hear them. I also want to remind everyone as we go through the Thanksgiving holiday of some safety tips taken from the National Fire Prevention Association’s website: • Stay in the kitchen when you are cooking on the stovetop so you can keep an eye on the food. • Stay in the home when cooking your turkey and check on it frequently. • Keep children away from the stove. The stove will be hot and kids should stay 3 feet away. • Make sure kids stay away from hot food and liquids. The steam or splash from vegetables, gravy or coffee could cause serious burns. • Keep the floor clear so you don’t trip over kids, toys, pocketbooks or bags. • Keep knives out of the reach of children. • Be sure electric cords from an electric knife, coffee maker, plate warmer or mixer are not dangling off the counter within easy reach of a child. 3 | November 2014 • Keep matches and utility lighters out of the reach of children — up high in a locked cabinet. • Never leave children alone in room with a lit a candle. • Make sure your smoke alarms are working. Test them by pushing the test button. For more safety tips you can visit: http://www.nfpa.org/safety-information/for-consumers/ holidays/thanksgiving-safety If you deep fry a turkey (yummy) you might want to view their recommendations before the big day. Enjoy your family and be safe! ▵ In Fellowship, Cynthia Toms Happy Thanksgiving! Please take a moment out of your day to think about all our service men and women (and their families) who cannot spend the holiday together. Calendar Keep up to date with the latest events NOV Happy Birthday to all members with November birthdays! 2nd – Volunteer Day at the Asian Art Museum – contact Annette Ing-Firmeza for details. 5th – Board Meeting at Worldwide’s Conference Room - 450 Sansome Street, 10th Floor. 15th - Regional Award submissions due to Lauri Oakden, RVP. 18th – General Lunch Meeting – Lunch and Learn with speaker: Brian Benn of Environmental Risk & Financial Solutions at Lockton Offices. See flyer for details. DEC 2nd – Board Meeting at Sweet & Baker Offices at 44 Second Street, SF. All members are welcome to attend, just let Cynthia Toms know that you will be attending so you can be added to the guest list. 7th – Volunteer Day at the Asian Art Museum – contact Annette Ing-Firmeza for details. 16th – Annual Holiday Party and Networking Event – Details coming soon. JAN 2015 FEB 6th – Board Meeting at Sweet & Baker Offices at 44 Second Street, SF. All members are welcome to attend, just let Cynthia Toms know that you will be attending so you can be added to the guest list. 25th – General Lunch Meeting – Location: L’Olivier Restaurant, Speaker: Shawn Edgington, Bestselling Author and Founder of The Great American NO BULL Challenge. Topic: Cyber Bullying www.shawnedgington.com (oh yes and she is President and CEO of Granite Insurance Brokers and a member of IAIP too!) (NOTE: Speaker moved from the July 2014 lunch) 3rd – Board Meeting at Sweet & Baker Offices at 44 Second Street, SF. All members are welcome to attend, just let Cynthia Toms know that you will be attending so you can be added to the guest list. 17th – General Lunch Meeting – Details coming soon MAR 3rd – Board Meeting at Sweet & Baker Offices at 44 Second Street, SF. 17th – General Lunch Meeting – Details coming soon 19th–21st – Region VIII Conference – “Make the Scene in 2015” hosted by the San Francisco Insurance Professionals – Exhibitor and Sponsor opportunities available – Contact Rae Lynn Zachary for details APR 1st - April Fool’s Day 7th - Board Meeting at Sweet & Baker Offices at 44 Second Street, SF. All members are welcome to attend, just let Cynthia Toms know that you will be attending so you can be added to the guest list. 15th - TAX DAY 21st - SFIP Annual Business Meeting and Board Elections - Details to follow. For information about other local IAIP Chapter events, 
 check the CA Council calendar at http://caciaip.org/events
 4 | November 2014 Announcements Keep the Roster Up-to-Date Please help update our Roster by advising us of any changes/corrections. If you are a member and would like a copy of our roster, contact Morgan Padway at [email protected] and 415-202-5409. Please send all corrections/updates to her. Please take special care in completing the “Specialty Field” column by indicating “Account Manager Construction” instead of just “Account Manager. ” Want to know what’s happening at other associations? Check out the Membership News and Events Calendar on the CA Council website at: www.caciaip.org From the Fellowship Committee We want to recognize our members for their accomplishments in their careers or personal lives and share in their life events — happy or not. If you know of any of our members who should be recognized (promotion, new designation, etc.) or are having a life event (birth, illness, death in the family), please be sure to contact Cassandra Yu with IMU - [email protected] or 781-332-8285. Looking for a Career in Insurance? Check our job listings at www.SFCNAIW.com/careers Check them out! If you know of a job opening, contact Cynthia Toms at [email protected] or 925-628-6893. Work At Home Vintage Employees Are you an insurance professional with at least 20 years experience and find yourself out in the job market again? Then this company may be for you. Work At Home Vintage Employees (wahve) www.wahve.com. Check them out to see if they are a fit for you. 
 2015 Region VIII Conference Planning for the 2015 Region VIII Conference is in high gear! Our hotel block is now open and committees are busy working on details for the conference events. Come join the FUN! Join one of the committees to help organize the Welcome Party, Awards Banquet; and President’s Lunch; or if you are more detail oriented, help us with the Printed Program; Transportation, Tours and Registration. Let’s show our fellow members what San Francisco has to offer! 
 5 | November 2014 SFCNAIW Member Businesses Support your fellow members’ side businesses. A list can be viewed at http:// sfcnaiw.com/membership If you see something that interests you, feel free to contact the member during times provided (if indicated). And, if you would like to add your name to our member business directory, please email or contact Rae Lynn Zachary. Helpful Links California Council of NAIW/IAIP:  www.caciaip.org (Note NEW address!) Region VIII of NAIW/IAIP: www.regionviii.com NAIW/IAIP National: www.internationalinsuranceprofessionals.org A beautiful 10 x 12 serene landscape, done in acrylics by our own Tish Riley (TVIP). Framed and ready to hang on your wall!! 2015 Region VIII Conference Fundraiser To get your tickets, contact Rae Lynn Winner will be drawn during the 2015 6 | November 2014 Conference in San Francisco at [email protected] Thanksgiving is coming… Many of us will be cooking big meals for our family and friends, and a turkey will be the centerpiece of the meal for most of us. This is a good time to remind everyone of how to safely handle that big bird. Instructions are taken from the Butterball site at www.butterball.com The Four T’s Of turkey Food Safety Thaw: Place unopened turkey, breast side up, on a tray in refrigerator. Allow at least 24 hours of thawing for every 4 pounds of turkey. Temperature: Always use a meat thermometer to determine when the turkey is fully cooked. Should reach 180° F in the thigh, 170° F in the breast and 165° F in the center of the stuffing. Two-Hour Storage: Store leftovers in separate containers within two hours after cooking. Three Days to Eat: Eat or freeze leftover turkey within 3 days. Remember a few other tips to make sure your food is safe to eat: Wash preparation utensils, work surfaces and hands in hot, soapy water after contact with uncooked turkey and juices. Do not stuff the turkey the night before. Carve the turkey before you place in the refrigerator. How to (and how not to) check for doneness Leg wiggling, juice color, even the aroma – you’ll hear lots of ways to check the doneness of your turkey at Thanksgiving. But there’s only one way to be sure: the temperature. How? Use a meat thermometer. Insert it close to, but not touching, the thigh bone. If it reads 180 degrees F in the thigh and 170 degrees F in the breast you’re ready to serve. (If it’s stuffed, check the center of the stuffing to make sure it’s 165 degrees F as well.) 7 | November 2014 Incredibly easy thermometer placement Want to keep your cool while checking your turkey’s temperature? It’s simple. Check a few key places to know when your turkey is done. 1. Insert a meat thermometer between the turkey’s thigh above the drumstick without hitting bone. 2. When the thermometer reads 180 degrees F, you’re done! (If it’s stuffed, check the center of the stuffing to make sure it’s 165 degrees F as well.). 3. In addition, make sure the turkey’s temperature is at 170 degrees F in the deepest part of the breast and 165 degrees F in the center of the stuffing. HAVE A SAFE AND HAPPY THANKSGIVING HOLIDAY 8 | November 2014 Full Court Press By David L. Blinn of Low, Ball & Lynch Insurance Coverage – 
 Auto Exclusion for “Nonrelative Resident” not Permitted Mercury Casualty Company v. Hung Chu, et al. — Court of Appeal, Fourth Appellate District (September 24, 2014) Many automobile policies have exclusions against coverage for injury to other insureds, commonly including “resident relatives” for close family relatives who live with the named insured. This case considered the validity of an insurer’s purported exclusion for persons who reside with the named insured but are not necessarily related to the insured. Hung Chu (“Chu”) was born in Vietnam, and came to the United States as a student in 2006. By 2008, he was attending Orange Coast College, and was living with his aunt and uncle. While in Vietnam, Chu became acquainted with Tu Pham (“Pham”), who also came to the United States to attend school. In May or June of 2008, Pham began sharing a room with Chu at Chu’s family’s house. Both Chu and Pham paid rent to Chu’s aunt and uncle to share the room. In October of 2008, Chu was driving his 1995 Honda Accord with Pham as a passenger, when he got in an accident with another vehicle driven by Krystal Hoang. Pham filed suit against both Chu and Hoang, recovering a judgment of $333,300 against Chu. Chu had been insured at the time of the accident under an automobile liability policy issued by Mercury Casualty Company (“Mercury”). The policy contained what was called a “resident exclusion,” and when read with other definitions in the policy, purported to exclude coverage for any claims of injury to any persons who lived in the same dwelling as the named insured. Mercury defended the action brought by Pham, but after the judgment was obtained, Mercury filed a 9 | November 2014 declaratory relief action to confirm it owed no duty to indemnify Chu against Pham’s claims, and for reimbursement of its defense costs. Mercury brought a summary judgment motion based on the resident exclusion, and the trial court granted the motion, holding there was no duty under the policy to indemnify Chu with respect to Pham’s judgment. Chu appealed. The Court of Appeal reversed the trial court’s decision. The Court first noted that Insurance Code Section 11580.1 created by statute all exclusions that were allowed in an automobile liability policy. Exclusions not contained in that code section are impermissible and invalid. Section 11580.1 contains an exclusion “for bodily injury to an insured or liability for bodily injury to an insured whenever the ultimate benefits of that indemnification accrue directly or indirectly to the insured,” which was similar to the language in Mercury’s policy. However, Mercury’s policy defined an insured not just to include relatives who reside with the named insured, but anyone who “resides in the same dwelling as the insured.” This would include relatives and nonrelatives alike. The Court noted that the California Supreme Court had allowed the resident relative exclusion in Farmers Insurance Exchange v. Crocking (1981) 29 Cal. 3d 383. The public policy reasons behind such a limitation were to prevent “suspect inter-family legal actions which may not be truly adversary and over which the insurer has little or no control.” The Crocking court noted that under 11580.1, such an exclusion of coverage was appropriate, and that the legislature may reasonably have concluded that the benefits to the public from automatically including “family member” coverage in all automobile liability policies was outweighed by the “probable adverse consequences” of such a rule, including increased premiums, increased numbers of uninsured drivers, and the possibility of collusion in such claims. The Court of Appeal noted that in the 33 years since the Crocking decision, the “resident relative” exclusion had been the subject of judicial interpretation over many different versions of the exclusion, with the terms being broadly construed to find coverage, and narrowly construed to exclude coverage. To date, there had been no cases interpreting an exclusion which, like Mercury’s, did not attempt to limit the exclusion to relatives who shared the named insured’s household, but to all co-residents of the insured. The Court noted that the entire decision in Crocking was based upon the premise that the excluded person was a relative who resides “with some permanence” with the named insured. The Court of Appeal held that the Crocking court’s reasoning did not apply to non-relatives sharing the same dwelling. The Court noted that cohabitation can be temporary and involve complete strangers. There was no legal basis to assume insurers faced the same risk of fraudulent lawsuits. In addition, the Court held that the ability to limit coverage for injury to “an insured” under section 11580.1 did not mean that an insurer could define anyone it liked as “an insured” solely for a basis to exclude coverage. Rather, that person must have some coverage afforded them in some way under the policy and must have an “insurable interest.” A parent or child or other close family member may have some responsibility or have some liability if their close family member has an accident. On the other hand, if Chu had an accident with a third person, there was no possible way that could affect Pham, simply because he lived in the same home. No public policy supported such a broad expansion of the exclusion. Finally, the Court noted that it appeared Mercury was naming Pham as “an insured” for the sole purpose of excluding him from coverage for bodily injury caused by the use of the insured 10 | November 2014 vehicle by the named insured. Following Mercury’s argument to its conclusion, it could conceivably exclude coverage for any members of a large apartment complex simply because they lived in the same building with Mercury’s insured. This would defeat the public policy behind requiring mandatory automobile insurance liability and would undermine financial responsibility laws. Summary adjudication in Mercury’s favor was reversed, and the matter was remanded, with instructions that the nonrelative resident exclusion was stricken and that Mercury could not claim Pham was “an insured.” COMMENT Bases for exclusion under an automobile liability are expressly listed in Insurance Code section 11580.1. If they are not listed there, they are prohibited. The resident relative exclusion is allowed under that section, but courts will not extend that beyond the close familial relationship to exclude coverage for claims of persons who are not related but live together in some way. For a copy of the complete decision, see: http://www.courts.ca.gov/opinions/documents/ G049132.PDF The Weekly Law Resume TM is published fifty-two times a year, and is a complimentary publication of Low, Ball & Lynch, Attorneys at Law, a Professional Corporation, with offices in San Francisco and Monterey, California. Information regarding this and other Weekly Law Resume TM articles is available from Linda Meyer at (415) 981-6630, [email protected] or at www.lowball.com. To subscribe please go to: http://www.lowball.com/ SubscriptionForm.htm 
 COMPUTER VIRUS ALERT!!! Computer Crypto Virus is on the Rise Alert re-posted with permission from the Lockton IT Team What if you lost all your computer files at home? All your documents, all your pictures, all your programs? During the past few weeks we have seen an increase in outbreaks of the CryptoWall file-encrypting ransomware. What is it? CryptoWall is a file-encrypting ransomware program that targets all versions of Microsoft Windows operating systems. What will it do to my computer? It will secretly encrypt all of the files on your computer including pictures. Once the files have been encrypted a message will display that contains instructions on how to access a decryption service where you can pay a ransom to purchase a decryption program. The ransom can cost $500 USD and can go even higher. There is no way to unencrypt the files once they have been encrypted. By the time you see the ransom note it is too late! How do I keep protect myself? Make sure you are running the latest version of your antivirus software and have applied the latest security patches for your operating system. Backup all files on your computer now to a separate device or CLOUD service. And do so regularly going forward. Be sure that you disconnect any external drives or flash drives from your computer. This is important because this type of ransomware targets all of your drives, so if you leave a USB device attached that data will also be at risk. Do not open e-mail attachments from unknown sources. Do not click on web advertisements unless you are certain of the source of the ad. The latest strain has been reported exclusively to be delivered by way of web advertisements. We hope you find this message helpful in protecting your electronic files at home. 11 | November 2014 Flyers The following flyers are brought to you by SFIP and its sister associations. We encourage you to participate in as many events as you are able to attend. The strength of IAIP is in its community. We provide many opportunities to socialize, extend your personal networks, and communicate with colleagues across the industry. 12 | November 2014 Join Us For An Exciting Luncheon! Lunch and Learn with Brian Benn Environmental Risk & Financial Solutions Topic: Essential Environmental Risk Strategies for Transactions, Claims and Beyond: How to develop winning transactional strategies and avoid common mistakes in the event of claims Brian Benn is Principal and Co-Founder of Environmental Risk & Financial Solutions (ER&FS), an environmental risk management and insurance consulting firm, where he helps clients negotiate and transfer environmental exposures in transactions, and maximize recovery of environmental insurance in the event of claims. For over 20 years, he has specialized in environmental risk evaluations, insurance underwriting, policy development, claims support, and development and evaluation of solutions for funding and transferring environmental risks. Prior to starting ER&FS in 2003, he was Director, Business Development, National Accounts, and Regional Manager at AIG Environmental from 1992 to 2003, with prior experience at Fairfax Financial Holdings and General Reinsurance. He holds an M.B.A. from the Ivey School of Business, London, Canada, and a B.A., Physics, from Williams College, Massachusetts. He is a participant with the Sustainability Accounting Standards Board (SASB), Financials / Insurance Industry Working Group, and with the Bay Area Ecosystems Climate Change Consortium (BAECCC). Luncheon Meeting – Make Your Reservation Today Info Menu Date Tuesday, November 18, 2014 Time 11:45 am—1 pm Place Lockton Offices A lunch buffet will be available 2 Embarcadero Center, 17th Floor Boardroom RSVP Friday, November 14th to: Rae Lynn Zachary 415-568-4028 [email protected] *Vegetarian selection available if requested. Discounted cash price: $25 for Members | $30 for Non-members Credit card payments accepted via PayPal on our website at www.sf-ip.com/calendar 13 | November 2014 Sometimes the simplest gifts are the ones most needed Located at 930 Bryant Street, the Resource Center, which gets its funding from private fundraising efforts as well as local, state and federal sources, provides women with transitional support services including housing assistance, substance abuse programs, employment referrals, healthcare, and legal assistance. The program also offers personal development classes to help the women get their lives back on track. Since November of 2007, SFCNAIW has partnered with SF Sheriff’s Department’s Women’s Resource Center to help supply them with toiletries and other items they are in need of to serve the needs of their clients. We began first with collecting unopened toiletries and over the years our donations have expanded to include clothing, books, magazines (less than 1 year old), and even toys for the children of the participants in the program. When you travel, pick up all those hotel-provided toiletries; they are perfect for the Center. We also accept full-sized products (the $1 stores are a great resource for these!). Items that are always needed: • Toothbrushes & toothpaste • Dental Floss • Hair dressing products for African American hair • Soaps – Bar or Liquid • Deodorant • Make-up • Shampoo & Conditioner • Lotion • Feminine Sanitary Items Bring your donations to any general meeting or contact Rae Lynn Zachary at 415-568-4028 or [email protected] to arrange a pick-up or drop off. 14 | November 2014 Board of Directors & Committee Leaders 2014-2015 Term President Cynthia Toms Prudential President-Elect Roberta Gonzalez Sweet and Baker Vice-President Karen Moore Low, Ball & Lynch Treasurer Karen Ryan Worldwide Facilities Immediate Past President Morgan Padway Insurance Personnel Service Recording Secretary Mona Lindahl-Babcock Lockton Insurance Brokers Director Sean McCormick Zurich Director Dina Zuger Worldwide Facilities Director Christina Arnote RGL Forensics Archive M. Sandy Dameron "Retired" Audit Ramona DeBernardis Lockton Insurance Brokers Awards Susana Baja GF Brown Insurance Service Budget & Finance President and Board Members By-Laws & Parliament Alvenia Scott Confidence While Communicating Sean McCormick Zurich Community Service Maria Borovaja ACE Fundraising & Special Events for 2015 Conference Jackie Neal Rae Lynn Zachary Lockton Insurance Brokers Lockton Insurance Brokers Education & Legislation Karen Moore Low Ball & Lynch Education Advisory Mona Lindahl-Babcock Roberta Gonzalez Lockton Insurance Brokers Sweet and Baker Employment Cynthia Toms Prudential Fellowship Cassandra Yu International Marine Underwriters Golf Tournament Sean McCormick Zurich May Luncheon Karen Moore Low Ball & Lynch 15 | November 2014 Membership Morgan Padway Insurance Personnel Service Mentorship Program Karen Ryan Worldwide Facilities Horizon Planning Immediate Past President Nominating Dina Zuger October Industry Breakfast Vice President Program & Speakers President and Vice President Reservations Cherilyn Ignacio Zurich Safety Programs Bill Fowler McDermott Costa Technology (Website & Cover Notes) Rae Lynn Zachary Lockton Insurance Brokers Worldwide Facilities Premium Inspiration “Success and failure. We think of them as opposites, but they're really not. They're companions -- the hero and the sidekick.” ~ Laurence Shames “To laugh often and much; to win the respect of intelligent people and the affection of children; to earn the appreciation of honest critics and endure the betrayal of false friends; to appreciate beauty; to find the best in others; to leave the world a bit better, whether by a healthy child, a garden patch or a redeemed social condition; to know even one life has breathed easier because you have lived. This is to have succeeded.” ~ Ralph Waldo Emerson “As we express our gratitude, we must never forget that the highest appreciation is not to utter words, but to live by them.” ~ John Fitzgerald Kennedy It was a Hole in One! SFIP had their 10th annual Golf Tournament on October 3rd at Tilden Park in Oakland. A fun day was had by all! We decided to start early this year, and were happy that was the case, as it was a hot day for October. Temperatures were in the 90's by Noon! The teams battled their way through 18 holes which included a closest to the pin and separate longest drive men's and women contests. The coveted team trophy's went to the well deserving 1st and 2nd place teams. We had a number of sponsors this year that we want to thank. Those include hole sponsors: Aon, Lockton, Swett, and Zurich. In addition, we would like to thank Enterprise and many others who contributed to the event with either handouts or prizes. We thank everyone who joined us in the fun this year and look forward to your participation at next year's tournament! Save the date on your calendar, October 16, 2015! ~ Dina Zuger, Event Chair 16 | November 2014
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