Transcript Damage Claims Processing

Damage Claims
Processing
Thor Wishart
Utility Field Services Manager
Gainesville Regional Utilities
GRU
General Information
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Electric 100K
Gas
40K
Water 60K
Other Services: WW, Telecommunications
GRU is Located in North Central Florida
Annual revenue of 250 M
Current Claim Structure
General Manager
Legal Dept.
Electric
Gas
W/WW
GRUCom
C&AS
Claims
Claims
Claims
Claims
Claims
GRU Insurance
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GRU is Self-Insured
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Damages less than $1,000 are processed
internally.
Damages in excess of $1,000, or when there
is questionable liability, are forwarded to a
third party adjuster. (Note: processing fee of
approximately $400 per claim)
Service Interruptions
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Claims are denied due to interruptions of
service as set forth in City Ordinance 2710.
Exceptions:
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Delinquent work orders improperly issued.
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Billing and payment errors. (i.e. EFT, posting errors)
Crew errors from turning the wrong meter off.
City Ordinance
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Sec. 27-10. City not liable for failure of service.
The city will at all times use reasonable diligence to provide continuous
service and having used due diligence shall not be liable to the
consumer for complete or partial failure or interruption of service, or for
fluctuations in voltage or pressure, resulting from causes beyond its
control, or through the ordinary negligence of its employees, servants,
or agents, nor shall the city be liable for the direct or indirect
consequences of interruptions or curtailments made in accordance with
the provisions of any of its rate schedules. The city shall not be liable for
any act or omission caused directly or indirectly by strikes, labor
troubles, accidents, litigation, shutdowns or repairs or adjustments,
interference by federal, state, or municipal governments, acts of God,
for any damage resulting from the bursting of any main, service pipe or
cock, from the shutting off for repairs, extensions or connections, or for
the accidental failure of supply from any cause whatsoever. In case of
emergency the city shall have the right to restrict the use of utilities in
any reasonable manner for the protection of the public, the city and its
utilities.
(Ord. No. 3754, § 8, 1-27-92; Ord. No. 990725, § 1, 12-13-99)
Common Claims
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Food spoilage
Flooding of homes due to sewer blockage
Damages due to faulty neutral, voltage
spikes
Miscellaneous claims: damaged mail
boxes, irrigation systems, signs and gates
Damage Claims are Sent to a
Variety of Locations
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<$1,000 Electric T&D
<$1,000 Field Services
<$1,000 Gas Construction
<$1,000 W/WW Construction
<$1,000 GRUCom
>$1,000 -Third Party Administrator of
Claims adjuster (Underwriters Safety &
Claims) Note:3yr contract renewal/ Risk
Management
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Damage Claim Procedures
When a request is received for reimbursement of damages (whether via phone call,
in writing or per invoice), such request shall be immediately forwarded to the
affected department for investigation. If, after full investigation and documentation
of the circumstances of the claim, a finding is made by management that liability
rests with Gainesville Regional Utilities (or that settlement is otherwise in the best
economic interest of GRU), the following action shall be taken:
Claims exceeding $1,000.00:
A copy of the investigation and supporting documentation along with the appropriate
manager’s recommended disposition of the claim should be sent to Legal Services
(A-138) for review and evaluation.
Claims of $1,000.00 or less:
A Release and Settlement of Claim (RSC) shall be prepared as required by GRU
Administrative Guideline 3.1, Settlement of Small Claims.
The draft RSC with the background information attached shall then be forwarded to
Legal Services.
After review, the Utilities Attorney will initial the RSC and return the packet to the
department.
A MAP form shall be prepared and forwarded to Accounting along with a copy of the
initialed RSC and any other supporting documentation. [NOTE: Use only MAP
forms; PO’s, Requisitions or NOI’s are not acceptable.] Special instructions for check
delivery should be included on the MAP form. If the check is to be mailed directly to
the Claimant by Accounting, please attach extra copies of any documentation to be
enclosed with the check. In most cases, the check should be delivered to the
Claimant only if the RSC has been fully executed.
If the department desires to have Legal Services forward the packet directly to
Accounting, attach the completed MAP form with a note of instruction when
transmitting the RSC to Legal Services.
Receiving the Check!
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Prior to receiving a settlement check, the
recipient must sign a settlement release
form.
Two standard forms:
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Corporate
Individual
Corporate Settlement Form
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RELEASE AND SETTLEMENT OF CLAIM
KNOW ALL MEN BY THESE PRESENTS, that I, (name of person signing), as (title) of (name of
corporation) of (address of corporation), for and on behalf of said company, for the sole consideration of
(enter amount) ($ ) Dollars paid to (name of corporation) by the CITY OF GAINESVILLE, GAINESVILLE
REGIONAL UTILITIES (GRU) the receipt whereof is hereby acknowledged, does hereby release, acquit and
discharge GRU, its elected and appointed officers, employees or agents from all claims and demands, actions
and causes of action, damages, cost, loss of service, expenses and compensation on account of, or in any
way growing out of bodily injuries and property damage resulting or to result from the accident that occurred
on or about the ____ day of __________ , 20__ , at or near (location of incident) by reason of (describe
incident), and do hereby for the said company, its successors and assigns, covenant with GRU to indemnify
and save harmless GRU, its elected and appointed officers, employees or agents from all claims and demands
for damages, costs, loss of service, expenses, or compensation on account of, or in any way growing out of
said accident or its results, both to person or property.
It is further agreed that this release expresses a full and complete SETTLEMENT of a liability claimed
and denied and, regardless of the adequacy of the compensation, is intended to avoid litigation, and that
there is absolutely no agreement on the part of said GRU to make any payment or to do any act or thing
other than is herein expressly stated and clearly agreed to.
WITNESS my hand and seal this
day of
, 20
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Witnesses:
__________________________________
(Name of Corporation)
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__________________________________ Name:
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Utilities Attorney
By:
Title:
Individual Settlement Form
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RELEASE AND SETTLEMENT OF CLAIM
KNOW ALL MEN BY THESE PRESENTS, that I, (NAME) of (ADDRESS), being of full age for the sole
consideration of (AMOUNT OF CLAIM) ($
) Dollars to me paid by the CITY OF GAINESVILLE, GAINESVILLE
REGIONAL UTILITIES (GRU) the receipt whereof is hereby acknowledged, do hereby release, acquit and
discharge GRU, its elected and appointed officers, employees or agents from all claims and demands, actions
and causes of action, damages, cost, loss of service, expenses and compensation on account of, or in any way
growing out of bodily injuries and property damage resulting or to result from accident that occurred on or
about the (DAY) day of (MONTH), 20(YR), at or near (LOCATION OF INCIDENT) by reason of (BRIEF
DESCRIPTION OF INCIDENT) and do hereby for myself, my heirs, executors and administrators, covenant with
GRU to indemnify and save harmless GRU, its elected and appointed officers, employees or agents from all
claims and demands for damages, costs, loss of service, expenses, or compensation on account of, or in any
way growing out of said accident or its results, both to person or property.
It is further agreed that this release expresses a full and complete SETTLEMENT of a liability claimed
and denied and, regardless of the adequacy of the compensation, is intended to avoid litigation, and that there
is absolutely no agreement on the part of said GRU to make any payment or to do any act or thing other than
is herein expressly stated and clearly agreed to.
WITNESS my hand and seal this
day of
, 20
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Witnesses:
__________________________________
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(Claimant)
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(Claimant)
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Utilities Attorney
Claims Tracking
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Currently each division tracks its own
claims
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Some credit accounts via billing adjustments
Some pay damages on credit card and post to
miscellaneous accounts
Some charge damages to capital project
number
High level tracking of damages is difficult at
best due to “silo storage” of information
Construction on Customer Property
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Directional bore sent gas line through customer’s
sewer line causing back up and subsequent gas
leak when plumber attempted to clear the
blockage with cutting tool on end of plumbers
snake.
With the current push to place utilities
underground there is more opportunity to
damage buried infrastructure belonging to the
customer.
First Contact is Important!
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When a utility representative speaks with
a customer, he should not obligate the
utility in any way.
Opinions should not be given in order to
avoid conflict later should the claim be
denied.
Sometimes things are not what they
appear at first glance.
Damage to GRU Facilities
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Document , photograph, investigate.
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“Dig ins”:
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Were locates called for?
Are the locates accurate?
Proper burial depth of utility?
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GAINESVILLE REGIONAL UTILITIES
FACILITY DAMAGE FORM
Date of Damage: ____________________________________ Approx. Time: _____________________
Address of Damage: ___________________________________________________________________
Type of Work Being Performed at Time of Damage: __________________________________________
____________________________________________________________________________________
Company/Person Causing Damage to GRU Property: _________________________________________
____________________________________________________________________________________
Description of Damage: ________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Insurance: Policy #/Carrier: _____________________________________________________________
Did Outage Occur? YES ____ NO ____
Length of Outage: _____________________________________________________________________
Repairs to GRU Property Performed By: ___________________________________________________
Buried Cable Location Provided: (where applicable) __________________________________________
YES ____
NO ____
Did Damaging Party Request GRU Assistance:
YES ____
NO ____
Law Enforcement Agency Notified: YES _____ NO ____
Which Agency was Notified: GPD _____ ASO _____ FHP ____
Case Report Number: __________________________________________________________________
Officer Name: _________________________________________________ID # ___________________
Safety Notified:
YES ______ NO ______ Time: _____________ Date: ______________________
Investigating Safety Officer: _____________________________________________________________
Important Notes:
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Investigate, document, photograph
Speed is critical to resolving time sensitive
matters such as spoiled food
Negotiating skills are important to resolve
claims
Empowerment of claims adjuster to make
decisions in the interest of the company
Just say NO!
“claims
adjuster…”
Thank You
For questions or further information, please
Contact:
Thor Wishart
Utility Field Services Manager
[email protected]