WIND UMPIRE CERTIFICATION ®

WIND UMPIRE RE-­‐‑CERTIFICATION ®

WIND APPRAISER CERTIFICATION ®

WIND APPRAISER RE-­‐‑CERTIFICATION ®

TABLE OF CONTENTS

1. Faculty

2. Ethical Rules for Umpires in Insurance Appraisals

3. The Code of Ethics for Appraisers in Insurance Appraisals

4. Memorandum of Appraisal

5. Declaration of Appraisers -­‐‑ Selection of Umpire

6. Qualification of Umpire

7. Award

FACULTY WIND Umpire Certification

Janet L. Brown, Esquire Jon Doan Claims Consultants Group Wayne D. Taylor, Esquire Mozley, Finlayson & Loggins, LLP John A. Voelpel, III, CPCU, AIC Voelpel Claim Service, Inc.

FACULTY WIND Umpire Re-­‐‑Certification

Art Newman Belfor Property Restoration Wayne D. Taylor, Esquire Mozley, Finlayson & Loggins, LLP Charles R. “Dick” Tutwiler Charles R. Tutwiler & Associates, Inc.

FACULTY

WIND Appraiser Certification

Javier Delgado, Esquire Merlin Law Group Jon Doan Claims Consultants Group Peter Kapas Onsite Claims Service Stephen Pate Cozen O'Connor John A. Voelpel, III, CPCU, AIC Voelpel Claim Service, Inc.

FACULTY

WIND Appraiser Re-­‐‑Certification

Rami Boaziz Stellar Public Adjusting Services, LLC Daniel J. Luby Precision Advisors, LLC Stephen Pate Cozen O'Connor Justin Whedbee Frontier Adjusters

Janet L. Brown, Esquire

BOEHM BROWN HARWOOD, P.A. ATTORNEYS AT LAW

JANET L. BROWN is a partner with the firm BOEHM BROWN HARWOOD, P.A. in Orlando, Florida, where she concentrates her practice in the areas of insurance coverage disputes, property cases (including arson or fraud issues, construction litigation and environmental matters), health/life claims and bad faith litigation. Ms. Brown has authored numerous articles and lectured extensively on insurance coverage issues, including serving as a panelist at the Property Loss Managers Conferences, participating as a faculty member at the National Forum for Property Loss Professionals sponsored by the Loss Executives Association, and at various other educational meetings. She attended Cottey College for Women (A.A. 1971); Marietta College (B.A. 1973); Marshall-Wythe School of Law, College of William & Mary (J.D. 1976). She was admitted to the Florida Bar in 1977. She has also earned the CPCU designation and is a Board Certified Civil Trial Lawyer. A member of the Florida Bar, Ms. Brown is admitted to the U.S. Supreme Court, the Fifth and Eleventh Circuit Courts of Appeal, and all U.S. District Courts within the State of Florida. Ms. Brown is a member of the Florida Bar Association, (Trial Lawyers Section); American Bar Association, Tort Trial & Insurance Practice Section (TTIPS) where she has served as one of its representatives to the ABA House of Delegates and as a Council member. Other professional activities include: Past President of the Florida Advisory Committee on Arson Prevention (FACAP) (1982); member of the Federation of Defense and Corporate Counsel (FDCC) (Vice President 2000-2003; Director 2003-2007; past chair Property Insurance Section; Dean of Litigation Management College Graduate Program 2005-2007); member of the International Association of Defense Counsel (IADC) (1986-2009); the Defense Research Institute (DRI); Loss Executives Association (LEA); Past President for the Windstorm Insurance Network, Inc. (2002-2003); and the American College of Coverage and Extra-contractual Counsel. A proponent of alternative dispute resolution under appropriate circumstances, she has participated as an arbitrator in the federal court pilot arbitration program, and is also certified as an arbitrator through the American Arbitration Association. She is also a Certified Circuit Mediator. Ms. Brown is an approved Department of Financial Services mediator; and, is also certified as a mediator and arbitrator by the United States District Court, Middle District of Florida. Ms. Brown has received numerous awards and honors including the Andrew C. Hecker Memorial Award (TIPS/ABA 1997); the Cottey College Distinguished Alumnae Citation (1999); the 2006 PLRB/LIRB Claims Conference Outstanding Presentations Award; the 2010 Inaugural Presidential Recognition Award from the Windstorm Insurance Network. In 2014, Ms. Brown was inducted as a Charter WIND Fellow.

JAVIER DELGADO, ESQ. Merlin Law Group

Three Riverway Tower Houston, TX 77056 Tel: (713) 626-­‐‑8880 Fax: (713) 626-­‐‑8881

jdelgado@merlinlawgroup.com

Mr. Delgado has dedicated his practice to handling first party condominium, commercial, and homeowner property insurance litigation cases. He is a former Insurance defense attorney and former property and casualty insurance adjuster responsible for inspecting and estimating hurricane damages, evaluating insurance coverage issues, and negotiating settlements in a wide range of commercial property, business income, and homeowner property claims. His prior experience as an insurance property adjuster and then an insurance defense attorney gives him the ability to understand the insurance claims practices and the motivation of the insurance professionals, so that each case is properly evaluated and prepared for a successful resolution. He is admitted to practice in Texas, Florida, and the District of Columbia. He has represented property owners and hurricane victims in Florida, Georgia, Mississippi, Texas, Arizona, and California. He is also admitted to practice in the Federal Southern District of Texas, and Federal Southern District of Florida. PROFESSIONAL EXPERIENCE: 2008-­‐Current MERLIN LAW GROUP -­‐ Policyholder Attorney Florida and Texas 2007-­‐2008 KATZMAN GARFIKEL -­‐ Policyholder Attorney Ft. Lauderdale, FL. 2002-­‐2007 VERNIS & BOWLING -­‐ Insurance Defense Attorney Miami, FL 1995-­‐1998 CRAWFORD & COMPANY -­‐ 2000-­‐2002 Property & Casualty Insurance Adjuster Miami, FL 1998-­‐1999 LIBERTY MUTUAL INSURANCE COMPANY -­‐ Property & Casualty Insurance Adjuster Weston, FL PROFESSIONAL ASSOCIATIONS: American Association of Justice American Bar Association Tort, Trial, and Insurance Practice Section American Bar Association Construction Law Section Florida Real Property Section Florida Association of Public Insurance Adjusters -­‐Associate Member District of Columbia Tort Section

District of Columbia Affairs Section District of Columbia Antitrust and Consumer Law Section Houston Hispanic Chamber of Commerce Texas Insurance Law Section Texas Litigation Law Section Texas Consumer and Commercial Law Section Texas Section on Hispanic Issues Windstorm Insurance Network Windstorm Certified Appraisal Umpire SPEAKING ENGAGEMENTS/PUBLIC INTERVIEWS: News Radio KLAT 1010 AM Channel 45 Univision CNN News Radio KSFO 560 Florida Association of Public Insurance Adjusters: -­‐ Speaker on Appraisal Law in Florida. -­‐ Speaker on Best Public Adjuster Practices “Tales from the Dark Side.” Texas Association of Public Insurance Adjusters: -­‐ Speaker on current legal state of the law in Galveston with respect to Hurricane Ike cases; -­‐ Panel Member (answer question session on insurance issues pertaining to overhead and profit, code upgrade, matching, line of sight). Windstorm Insurance Network: -­‐ Speaker on Windstorm Umpire Certification Course EDUCATION: 1998 -­‐2001 Juris Doctorate -­‐ Nova Southeastern University Ft. Lauderdale, FL. 1993 -­‐1995 Bachelor of Science in Criminal Justice -­‐ FIU Miami, FL. Honors: Student Gov. Rep. School of Public Affairs & Political Science 1990 -­‐1993 Associate of Arts in Criminal Justice -­‐BCC Davie, FL. INTERNSHIPS: 1994 Florida State Attorney’s Office -­‐ Miami, FL. Florida Public Defender’s Office -­‐ Miami, FL. OTHER LANGUAGES: Fluent in Spanish. REFERENCES: Provided Upon Request.

CURRICULUM VITAE

Adjuster/Appraiser Umpire Jon W. Doan Title: Partner, General Adjuster, Manager Total Years Experience: 37 Years Type of License: Public Adjuster / All-Lines Professional Title or Designation • Public Adjuster • General Adjuster • Property Claims Director • Umpire • Branch Manager • Appraiser Areas of Expertise • Commercial/Homeowners Property • Business Interruption • Coverage Analysis • Appraiser/Umpire • Excess Lines • All Risk • Jewelers Block Schools or Continuing Education: • B.S. History/Pre-Law • Property Loss Managers Conference • Basic, Intermediate & Advanced Property • FACAP Seminars & Business Interruption Schools • Business Interruption Seminars • Negotiation Seminars • Windstorm Network Presenter / Director / First VP / President Professional Memberships: • Orlando Claims Association (Past) • Windstorm Network • FAPIA • PLRB (Past)

Special Mention: I have adjusted property claims ranging from basic homeowner’s losses to multi-million dollar commercial property claims. I managed the Property Claims department of a large Third Party Administrator for Certain Underwriters at Lloyd’s, London, and supervised over 30,000 catastrophe losses from Hurricane Charley, Frances, Jeanne, and Ivan. I am the First VP on the Board of Directors for the Windstorm Network, and regularly present at the Windstorm Conference in both Basic and Advanced Umpire Certification as well as the Inaugural and all ensuing Appraiser Certifications. I am heavily involved in the Appraisal Process in both an Appraiser (both Carrier and Insured) and primarily Umpire (to include Court Appointed) capacity.

Peter C. Kapas

President / Onsite Claims Services Education Construction Management Lawrence Institute of Technology Professional Status Onsite Claims Services President / General Adjuster Florida – Resident State Licensed Adjuster / All Lines Professional Experience Onsite Claims Services – 2000 to Present Onsite Claims Services providing professional claims handling for the insurance industry. Mr. Kapas has diversified experience, 18 years in all phases of disaster restoration, construction, loss damage assessment and building valuations. Mr. Kapas has wide range experience as a large loss specialist and appraiser, as well as an expert witness in trials and depositions. Mr. Kapas is commonly used as an appraiser and agreed upon as a neutral umpire to resolve insurance claims in disputes. NCA Group – 1995 – 2000 Mr. Kapas utilized his extensive construction background in handling large commercial and industrial losses for the insurance industry. His position as a project manager for a national based restoration contractor helped foresee future claim problems. Inrecon – 1991 – 1995 Mr. Kapas handled large condominium losses in South Florida after Hurricane Andrew. His role as Project Manager/Estimator was used throughout the rebuilding of the Kendall area. Mr. Kapas has personally been involved in the following disasters: Hurricane Andrew – 1992 Hurricane Georges - 1998 Hurricane Marilyn – 1995 Hurricane Bonnie - 1998 Hurricane Erin – 1995 Minnesota Tornado / St. Peter - 1998 Hurricane Opal – 1995 Minnesota Hail Storm 1998 Hurricane Fran – 1996 Hurricane Floyd - 1999 Red River Floods - 1997 Hurricane Irene – 1999 Hurricanes of 2004 Hurricanes of 2005 Industry Experience Construction Appraisal/Umpire Residential Fire Reconstruction Water Restoration Commercial Certifications Florida Windstorm Advanced Umpire Certification & Workshop Speaker

Florida Windstorm Appraiser Certification & Workshop Speaker NFIP Certified

Daniel J. Luby, AIC Precision Advisors, LLC 1601 Margate Avenue

Orlando, Florida 32803-­2161 Phone 407.228.0820 • Fax 855.729.9702

Dan.Luby@PrecisionAdvisors.us • EXPERIENCE Precision Advisors, LLC -­ Orlando, FL Principal 2004 -­ Present Consultant for independent damage assessments relative to construction issues for insured property losses. Areas of expertise include construction means, methods, & technology;; restoration cost estimating;; and the property insurance appraisal process, an alternative dispute resolution (ADR) method for disputed property insurance claims. Well versed in Xactimate and RS Means construction cost estimating systems. Editor and publisher of the Florida Insurance News newsletter since 2010. AdvantaClean -­ Orlando, FL & Charlotte, NC Co-­Founder & President 1993 -­ 2004 Co-­founder of Loss Control and Recovery, Inc., a full-­service general contractor specializing in insurance restoration operating as LCR Construction. Company subsequently repositioned as AdvantaClean to exclusively provide structural drying and environmental cleaning services. Developed business plan and corporate procedures to establish a new business in two diverse geographic locations. Responsible for long term business planning, corporate activities and financial controls. Provided substantial emergency response services as a result of Hurricanes Charley, Frances and Jeanne in 2004. First General Services of South Florida -­ Davie, FL Chief Estimator 1992 -­ 1993 Kreico Building Systems, Inc. -­ Fort Lauderdale, FL Consultant 1988 -­ 1992 Adler Group, Inc. -­ Miami, FL Project Manager 1986 -­ 1988 Arvida Corporation -­ Boca Raton, FL Construction Manager 1985 -­ 1986 Yeargin Builders, Inc. -­ Altamonte Springs, FL Project Engineer 1984 -­ 1985 University of Florida -­ Gainesville, FL Grad Teaching Assistant 1982 -­ 1983 Metric Constructors, Inc. -­ Charlotte, NC Various Positions 1980 -­ 1982 • EDUCATION Master of Building Construction -­ University of Florida Bachelor of Science in Building Construction and Contracting -­ Purdue University Associate in Applied Science in Building Construction Technology -­ Wentworth Institute of Technology • LICENSES & CERTIFICATIONS Florida Certified General Contractor -­ 1984 License No. CGC031599 Windstorm Insurance Network (WIND) Certified Umpire -­ 2005, Certified Appraiser -­ 2012 EPA Lead Paint Certified Renovator – 2010/2016 Certification No. R-­I-­18349-­09-­04679 Haag Certified Roof Inspector – 2011/2012 Certification No. 201105514 Insurance Appraisal and Umpire Association (IAUA) Certified Property Appraiser & Umpire -­ 2012

• AFFILIATIONS & CONTINUING EDUCATION American Institute of Constructors (AIC) -­ Member 1979 Collins Center for Public Policy -­ Umpire Training for Alternative Dispute Resolution, Fort Lauderdale, FL -­ 2008 Fire and Life Safety Code Board of Adjustments and Appeals, Orange County, FL -­ Board Member 1999 to 2008 Insurance Appraisal and Umpire Association (IAUA) -­ Member 2012 SEAK, Inc. -­ National Expert Witness Conference, Hyannis, MA -­ 2005 Successful Subrogation: A Correspondence Course for Restoration Contractors -­ 2001 Windstorm Insurance Network (WIND) -­ Member 2004;; Annual Conference -­ 2005 to 2015 Windstorm Insurance Network (WIND) -­ Legal/Legislative Committee Co-­Chair 2009 to 2015 Windstorm Insurance Network (WIND) -­ Board of Directors member -­ 2015 Windstorm Insurance Network Fellow (WIND-­F) -­ 2014 Updated 09/01/2015

Stephen P. Pate COZEN O'CONNOR

spate@cozen.com P: (832) 214-­‐3957 | F: (832) 214-­‐3905

Stephen Pate focuses his litigation practice on property insurance matters, Directors and Officers insurance matters, business interruption issues, CGL insurance matters, builders risk matters, commercial general liability insurance disputes, fraud, and various other extracontractual litigation matters. Over a 30 year career in coverage work, he has tried more than 45 first-­‐party extracontractual cases to verdict. Prior to joining the firm, Stephen had been partner in the Houston office of an international law firm since 1994. A fellow of the American College of Coverage and Extracontractual Counsel, in May 2017 Stephen was elected to a three-­‐year term on the Board of Regents. ACCEC was established in 2012 and is composed of preeminent lawyers representing both insurers and policyholders involved in coverage and extracontractual matters. Since 2006 he has also been recognized by Chamber and Partners USA in Insurance-­‐Texas. Stephen is also a member of the American Board of Trial Advocates and the American Law Institute. Stephen received his bachelor’s degree, magna cum laude, from Vanderbilt University. Stephen earned his law degree from Vanderbilt University Law School. While in law school, he was research editor for the Vanderbilt Journal and he is a member of Phi Beta Kappa. Practice Areas • Insurance Coverage • Professional Liability Insurance Coverage • Property Insurance Industry Sectors • Insurance Education • Vanderbilt University Law School, J.D., 1983 • Vanderbilt University, B.A., magna cum laude, 1980 Bar Admissions • Texas • New York Court Admissions • U.S. District Court -­‐-­‐ Southern District of New York • U.S. District Court -­‐-­‐ Eastern District of New York • U.S. District Court -­‐-­‐ Southern District of Texas • U.S. District Court -­‐-­‐ Western District of Texas • U.S. District Court -­‐-­‐ Eastern District of Texas • U.S. Court of Appeals for the Fifth Circuit Affiliations Board of Regents, American College of Coverage Counsel American Bar Foundation Awards & Honors • Chambers and Partners USA: Texas:

Insurance 2006-­‐2018 • Best Lawyers in America 2018-­‐2019 • 2017-­‐2018 Irish Legal 100

WAYNE D. TAYLOR Mozley, Finlayson & Loggins, LLP

Emory University, B.A., B.A., 1982 Emory University, J.D., 1985 Wayne Taylor is an AV rated trial lawyer who joined Mozley, Finlayson & Loggins, LLP as a partner in 1995. For the past 26 years, Mr. Taylor has maintained a national practice representing insurers primarily in complex insurance coverage and bad faith matters, including commercial property and business interruption, bad faith and extra-contractual litigation, excess and surplus lines coverage, builder’s risk, boiler and machinery, suspected arson and fraudulent claims, Chinese drywall, domestic intrastate and interstate motor truck carrier liability, warehouseman’s legal liability, and jewelers block. He has extensive experience in third-party liability coverage analysis and litigation, including general liability, environmental and complex torts, directors and officers, professional liability (errors and omissions), advertising injury and intellectual property, construction defects, and employment practices liability. Mr. Taylor has handled substantial property loss claims throughout the United States, including a number of claims related to major catastrophes such as September 11, 2001, the 2004 hurricanes in Florida and Hurricane Katrina. Mr. Taylor has handled claims related to real property of virtually every scale, ranging from homeowner’s claims to claims on substantial shopping malls, hotels, manufacturing facilities, and major sports venues around the country. Mr. Taylor also provides representation to insurers in subrogation matters. Mr. Taylor’s clients retain him on a regional and national basis, trusting his coverage counsel in major claims. Recent engagements include a claim of more than $16 million in New York and two hurricane related claims totaling more than $100 million in Florida. Mr. Taylor is a trained and certified mediator, specializing in insurance coverage disputes, and an umpire certified by The Windstorm Insurance Network. Mr. Taylor is the co-author of “Detective and Corrosive Drywall: Analyzing First-Party Coverage Issues,” published in the Fall 2010 issue of the Tort Trial & Insurance Practice Law Journal, 46 Tort Trial & Ins. Prac. L.J. 63 (2011). Mr. Taylor also co-authored “Damage Occurring from Theft of Copper: Is the Damage Covered as Vandalism or Excluded as Theft?,” published in the September 2011 online edition of Claims Advisor. Mr. Taylor lectures frequently to lawyers and insurance industry personnel throughout the country on a wide range of topics involving insurance coverage, bad faith and the investigation of suspected arson and fraudulent insurance claims. Mr. Taylor was born in Rockledge, Florida, and has lived in Atlanta since graduating from Emory University. Mr. Taylor was admitted to the State Bar of Georgia in 1985. He is a member of the American, Federal and Atlanta Bar Associations. He is also a member of the Georgia Defense Lawyers Association, Defense Research Institute, Inc., and The Windstorm Insurance Network.

Charles R. “Dick” Tutwiler, C.P.C.L.A., P.C.L.A. Tutwiler & Associates

Founder & CEO, Licensed Public Adjuster/Loss Appraiser/Certified Windstorm Umpire After graduating from Marshall University with a B.B.A. in Business Management and four years of service with the U.S. Air Force, Dick moved to Florida, where he has provided 39 years of uninterrupted claim service. He was recognized in the March 1994 edition of Who’s Who in American Finance and Industry and in the June 1993 edition of Who’s Who in Insurance in Florida. His expert credentials include membership in the American Arbitration Association, National Association of Public Insurance Adjusters (NAPIA), National Society of claim Law Associates, Tampa Bay Executive Association, Marshall University John Marshall Society, and University of South Florida President’s Council. He also served as Vice Chairman of Marshall University’s National Prominence Campaign and was featured in Marshall University’s Profiles in Prominence (second edition, October 2003) along with nine other alumni. Dick is past president and charter member of the Florida Association of Public Insurance Adjusters (FAPIA), a statewide professional trade association. As the founder and CEO of Tutwiler & Associates, Dick began his insurance career with Travelers Insurance Company. While at Travelers he earned the professional designation of Casualty Property Claim Law Associate (C.P.C.L.A.) and Property Claim Law Associates (P.C.L.A.) from the American Educational Institute. After several promotions and reaching the 10-year vesting/retirement period, he made a career choice to become a public adjuster and represent property owners and business professionals. Charles R. Tutwiler & Associates Inc., incorporated in March of 1984, and was founded to assist property owners in assessing, documenting, presenting and negotiating property insurance settlements. Dick is currently licensed in 9 states and the U.S. Virgin Islands. He is a certified umpire under the Windstorm Insurance Network Umpire Certification Program and served on the faculty for the advanced umpire certification class at the 2008 Windstorm Conference. He has also received his New York State Instructor Approval document. He is a valued member of the Anderson-Kill Loss Advisors, an organization of six of the most respected public adjusting firms across the United States. He is a contributing writer to Anderson Kill’s The Loss Advisor, a quarterly publication published and distributed throughout the United States. Dick formerly served as a director on the board of the Windstorm Insurance Network Inc. (WIND), a non-profit organization dedicated to promoting a cooperative dialogue among individuals and groups concerned with windstorm issues. He was also past president of WIND in 2004/2005 and was recently awarded the second annual WIND Presidential Recognition Award at the 2011 Windstorm Insurance Conference in Houston, Texas.

John A. Voelpel, III, CPCU, AIC Voelpel Claim Service, Inc.

John A. Voelpel, III is the President of Voelpel Claim Service, Inc. John received his Bachelor of Science in Business Administration degree in December 1973 from the University of Central Florida (formerly Florida Technological University), Orlando, Florida. He received his CPCU designation in 1984. Mr. Voelpel belongs to several associations, including Central Florida Chapter CPCU (past President – 1993-1994); Orlando Claims Association, Inc. (past President – 2002-2003); Orlando Claim Manager Council (past President – 1987); Florida Advisory Committee on Arson Prevention (past President – 2003); and Windstorm Insurance Network (past President - 2005).

Mr. Voelpel has been active in the insurance claims community for 42 years. Before founding Voelpel Claim Service, Inc. in 1998, he was employed for 24 years in the insurance industry. Over the last twenty years he has participated in over 980 appraisals, acting as umpire in 94% of those appraisals. Mr. Voelpel has been appointed by the court 39 times. These appraisals have been conducted in both formal and informal manners with awards ranging from a few hundred dollars to several million dollars. He has acted as an umpire predominantly in Florida, but also in Alabama, Georgia, Louisiana, Kentucky, Mississippi, South Carolina, Ohio, Tennessee and Texas.

Mr. Voelpel has been a member of the Umpire Committee since it was formed by WIND in 2003. He has been a faculty member on all Umpire Certification classes offered by WIND since its inception. Mr. Voelpel drafted the Umpire Code of Ethics and chaired the committee that drafted the Appraiser Code of Ethics utilized by WIND in their Appraiser and Umpire certification programs.

Mr. Voelpel is the recipient of Windstorm Insurance Network’s 2012 Annual Presidential Recognition Award. In 2014, Mr. Voelpel was inducted as a Charter WIND Fellow.

Voelpel Claim Service, Inc. 2208 Curry Ford Road

Orlando, FL 32806 (407) 895-1808

(407) 895-1514 (Facsimile) www.vcs.cc

Justin Whedbee, EGA

Tel: 888-­515-­7373 Mobile: 936 672 6326 E-­mail: jwhedbee@frontieradjusters.com / justin.whedbee@gmail.com

Profile: • Insurance professional with more than twenty years’ experience in all lines of

claims. • Skilled in negotiations and creating effective processes for improving claims

resolution. • Accomplished in public speaking, specifically geared to teaching. • Focused on customer service first. Without this no company has a service to

provide. Achievement/Work Experience Catastrophe Development 05/2011 – Current

Charged with development of the Frontier brand to extend their presence in the catastrophe arena. Specifically focused on large losses (GA, EGA level) as well as high net worth line of business.

Duties: Create and manage adjusters for this niche in CAT adjusting.

Create work flow and training manuals amended for specific client guidelines.

Research and implement work flow for effective management of claims for large and complex losses.

Hawaii Development 12/2009 – Current

Tasked to redevelop the Frontier brand in the Hawaiian Islands.

Duties: Research of historical issues of Hawaii Claims and learn issues germane

to this niche market. Create work flow and divide group into personal lines, auto, and commercial large loss adjusting. Oversight of all claims and training of managers for each new division. Meet with clients to review their claims strategies and disseminate information into current work flow.

Hurricane Ike 09/2008 – 12/2009

CAT Claims manager over commercial and residential losses including high net worth clients. Oversight of 25 claims professionals.

Duties: Create reporting / work flow for all adjusters with use on online tools and

technology. Setup and direct managers for each type of loss handled. Create matrix and network of forensic accountants for business interruption losses.

Led training on ethics in CAT adjusting and negotiations of losses pre and post litigation.

Managed claims clean up including appraisal/umpire process. Page 2 Justin Whedbee

General Claims Management 09/2007 – 08/2008

Led overall growth and training in all lines of claims for Frontier brand in south central Texas and central Louisiana. Duties: Providing recurrent training and management of adjusters for all lines

losses. Personally managed all losses in excess of $500k. (property, business

interruption, & liability). Providing hands on training for young adjusters geared toward a high

level of customer service and ethics. Led continuing education classes for individuals in our company and

others. Authored claims handling manual for a specific client.

Hurricanes Katrina/Rita/Wilma 09/2005 – 08/2007 Headed all CAT claims for two insurers in a runoff capacity. Oversight of all commercial losses. Worked closely with VP of claims to provide updates and changes in claims environment as oft occurs in CAT situations. Specially led a team of highly qualified adjusters on commercial and high complexity claims. Duties: Draft Authority of $500k. In charge of losses in excess of $1 Mil. Worked to setup and manage experts including engineers and forensic accountants Created weekly round table discussions for adjusters to bring in and discuss losses with complex or unique components. Put controls in place with team to ensure payments to policy holders are accurate and fair. Controls resulted in saving of millions of dollars across event. Worked with brokers, agents, policy holders and others to keep process flowing smoothly. Setup/Manage New Insurer In Texas 08/2003 – 08/2005 Brought it to setup and manage a new insurer to Texas. Head of claims. Duties: Setup network of vendors, adjusters and specialists to work on losses. Setup work flow for claims efficiency from FNOL to closure. Worked with underwriters on overall strategy and risk assessment. Final review on all losses over $500k. Tropical Storm Allison 06/2001 – 07/2003 Oversight of all flood losses from this event. Focused on large commercial losses. Also had Oversight of six hail/wind events during this period in the same area. Duties: Handled all losses in excess of $500k including usage of forensic accountants when needed.

Created review process for flood losses to ensure policy application was accurately applied for all commercial losses. Page 3 Justin Whedbee Commercial Claims Manager 01/1997 – 05/2001 Head of commercial claims for an insurer providing products in Texas. Their book of business was focused on hotels, small grocery’s, convenience stores, car lots, parts warehouses, and similar midsized businesses. Duties: Manage a group of autonomous adjusters on all aspects of commercial losses. This included property, business personal property, business interruption, and general liability. Worked to create a network of vendors and experts to provide field support. Communicated with VP of claims and with brokers directly on all losses over $500k. Work Experience Property Losses Entire Career

Has handled losses of varying natures for the past twenty years. More than 200 losses in Excess of $250,000. Personally handled multiple large losses. Largest two are: $7 Million dollar fire loss in a condo $4.5 million loss in a 30 story high rise with a complex BI component. More than 30 losses with a value exceeding a million dollars. Heavy/Specialty Equipment Entire Career Across career has estimated damages to varying types of equipment. This includes such items as locomotives, over the road tractors, farm tractors and equipment, construction equipment, fire engines, and trailers.

Examples include: $3,500,000 Fire on oil field equipment $ 750,000 excavator Total loss which went into a harbour. $ 450,000 total fire loss to cold planer $ 350,000 total loss to construction dump truck. $3,000,000 total loss fire to oil field equipment.

Auto Estimatics Entire Career

Throughout career have had many occasions to handle auto estimating for private passenger automobiles under 1 ton. Over 11,000 estimated. Headed up multiple large assignments in size from 100 vehicles to over 1,000. These losses were the result of paint overspray or hail.

Vehicle Valuation Entire Career

During the course of handling damaged vehicles and equipment the need arose to valuate the replacement of damaged items when they became a total loss. Has used, CCC, ADP,

VVS servics, as well as conducting local market surveys. Total valuations in excess of 1,000

Page 4 Justin Whedbee

Diminished Value Entire Career Evaluate damages and repairs to determine what (if any) diminution of value should be applied to a given vehicle or piece of equipment. Handled more than 350.

Across career has trained additional adjusters and appraiser in these methods for handling auto and specialty equipment losses. Also spent time in both a regular body shop as well as a heavy equipment shop working on vehicles to better understand the repair process. Qualifications: Licensed Adjusters in Texas, Louisiana, Hawaii, Georgia, Washington, Florida HAAG® Certified Commercial Roof Inspector WIND® Network Certified Appraiser WIND® Network Certified Umpire NFIP Certified Flood Adjusters (All Categories) I-­CAR Training (Repairing)

Authored and taught classes on negotiations for large losses as well as ethics. Geared towards the appraisal clause process found in most policies. Participated in more than 250 mediations/arbitrations/settlement conferences. Participated in more than 100 Appraisal/Umpire clause loss.

Authored the claims handling manual for an insurance carrier. Education: Lone Star College Major: Business Administration Minor: Accounting Conroe High School Activities/Hobbies: Strongman Aviation (Private Pilot) Golf Reading Cooking

ETHICAL RULES FOR UMPIRES IN INSURANCE APPRAISALS WINDSTORM INSURANCE NETWORK, INC.

The Windstorm Insurance Network having committed to upholding the highest ethical standards for professionals in the insurance industry, hereby adopts the following ethical rules for umpires who have completed the Wind Umpire Certification course and who actively engage in the appraisal process as an umpire. An Umpire shall: 1. Be a neutral party. 2. Have no financial interest in any involved property or in the outcome of the appraisal. 3. Disclose any previous business relationship with any party, appraiser or attorney retained by a

party. 4. Promptly disclose any potential conflict of interest before accepting an assignment as an umpire,

and notify the parties immediately if a conflict or potential conflict arises during the course of the appraisal proceedings.

5. Not accept any assignment that he or she is not certain he or she is qualified to handle. 6. Confirm any fee arrangement with the parties in writing. 7. Confirm the issues to be addressed in the appraisal in writing with the parties. 8. Agree to inspect the property if requested to do so by either appraiser. 9. Maintain impartiality and neutrality throughout the appraisal process and uphold the integrity of

the proceedings. 10. Share all communications with all members of the appraisal panel throughout the appraisal

proceedings.

11. Be responsible to proceed diligently to conclude the appraisal proceedings. 12. Retain only unbiased, qualified and impartial experts. 13. Inquire of any retained expert as to any potential conflict of the expert. 14. Evaluate completely all presented facts and/or claims. 15. To the best of his or her ability, follow the law of the jurisdiction of the property. 16. Withdraw from the proceedings if a conflict arises and the conflict is not waived in writing by all

parties after notice to the parties of the conflict. 17. Not withhold signature on any appraisal award until payment for services is received. 18. Maintain records in good order during the appraisal process in accordance with any applicable

rules or guidelines for preservation once the matter is concluded. 19. Keep true and accurate records of time, expense and fee billings. 20. Keep an updated list of all properties and parties for which he or she served as an umpire for a

period of seven (7) years. 21. Maintain and keep current all applicable professional licenses and continuing education

requirements. 22. Be truthful and accurate in all marketing or advertising activities. These ethical rules shall be effective as of January 17, 2018. Copyright Windstorm Insurance Network, Inc.

Please note that The Ethical Rules for Umpires In Insurance Appraisals is a living document. It is submitted to the organization for approval and can be modified or amended at future meetings.

ETHICAL RULES FOR APPRAISERS IN INSURANCE APPRAISALS

These ethical rules shall be effective as of September 10, 2018

The Windstorm Insurance Network, having committed to upholding the highest ethical standards

for professionals in the insurance industry, hereby adopts the following ethical rules for appraisers who have completed the WIND Appraiser Certification course and who actively

engage in the insurance appraisal process as an appraiser.

The Appraiser shall: 1. Uphold the integrity and fairness of the appraisal process by:

(a) observing high standards of conduct so that the integrity and fairness of the process will be preserved;; and (b) recognizing a responsibility to the public, to the parties whose rights will be decided, and to all participants in the proceedings.

2. Accept appointment as an appraiser only if fully satisfied that the appraiser:

(a) has received and read the terms of the policy language governing the appraisal and can serve in compliance with the terms of the policy;; (b) will act with utmost integrity, full disclosure and transparency;; (c) is physically able to serve;; (d) is competent to serve;; and (e) can be available to commence the appraisal in accordance with any requirements and thereafter to devote the time and attention to its completion that the parties are reasonably entitled to expect.

3. Immediately disclose any current or prior business or personal relationship with any other

party, legal counsel, appraiser, umpire or expert. 4. At the outset of the appraisal process, inform his or her client about the process, potential

outcomes, and potential costs of the appraisal process. 5. Provide the umpire with the name, address and contact phone number for the person

directly responsible for payment of the invoice. 6. Confirm in writing any fee arrangement with the party who retained the appraiser.

7. Keep true and accurate records of time, expense and fee billings. 8. Have full authority to reach an agreement and execute the Award without consulting with

his or her respective client. 9. Participate in the appraisal process so as to advance the fair and efficient resolution of the

matters submitted for decision. 10. Make all reasonable efforts to prevent delaying tactics. 11. Make all reasonable efforts to follow the law of the jurisdiction where the property is

located. 12. Avoid impropriety or the appearance of impropriety in communicating with the Umpire. 13. Make decisions in a just, independent and deliberate manner with utmost integrity. 14. Decide all issues submitted for determination regarding the amount of loss. 15. Decide all matters justly, exercising independent judgment and utmost integrity, and not

permit pressure from outside the appraisal process to affect the decision. 16. Be faithful to the relationship of trust and confidentiality inherent to that office. 17. Ensure that any information used in advertising or promoting one’s services as an

appraiser, including organizational certifications, affiliations and/or licenses, is up-­to-­date, truthful and accurate.

18. Maintain records in good order during the appraisal process in accordance with any

applicable rules or guidelines for preservation once the matter is concluded. 19. Keep an updated list of all properties and parties for which he or she served as an

appraiser for a period of seven (7) years. The Appraiser Shall Not: 1. Act as an advocate for the position being taken by the party who appointed the appraiser. 2. Withdraw or abandon an appointment unless compelled to do so by unanticipated

circumstances that would render it impossible or impractical to continue. 3. Accept any appraisal in which he or she is not competent to perform the duty of appraiser. 4. Discuss any proceedings with the umpire in the absence of the other appraiser except in

the following limited instances: (a) The appraiser may identify the parties, counsel or witnesses and the general nature of the claim;; (b) The appraiser may make inquiries of the umpire to determine his or her suitability and availability for the appointment;;

(c) Discussions may be had with the umpire concerning such logistical matters as setting the time and place of hearings or making other arrangements for the conduct of the proceedings. However the appraiser initiating the contact with the umpire should promptly inform the other appraiser;; or (d) If an appraiser fails to be present at a hearing after having been given due notice, or if all parties expressly consent in writing, the opposing appraiser may discuss the claim with the umpire who is present.

5. Delegate the duty to decide to any other person. 6. Advise any party or its representative about the status of any substantive issues (i.e. -­

estimates of damages) while the appraisal process still is pending. 7. Use “confidential information” acquired during the appraisal process to gain personal

advantage or advantage for others, to affect adversely the interest of another. 8. Accept any fee arrangement that would yield a personal or financial interest in the outcome

of the appraisal. 9. Participate in a discussion to resolve issues outside the scope of the appraisal. 10. Imply, through promotion or advertising, any willingness to accept an appointment that is

outside the scope of his or her abilities or capacity or is contrary to the laws of the jurisdiction in which the property is located.

The Appraiser May: 1. Obtain help from an associate, a research assistant, expert or other person in connection

with reaching his or her decision and advise said associate, research assistant or other person of their ethical obligations.

2. Engage in advertising or promotion of his or her appraisal services which is truthful and

accurate.

Copyright ® Windstorm Insurance Network, Inc.

Learn more about WIND at windnetwork.com. Questions? Please get in touch at 850.473.0601 or info@windnetwork.com

MEMORANDUM OF APPRAISAL

Memorandum of Appraisal – The Forgotten Document – Jon Doan, 2001 1) Parties to the Appraisal. The insurance company and the named insured. 2) Cause, location and date of loss. 3) Names of respective Appraisers. 4) Appraisers are to name an Umpire. 5) Quote of Appraisal provision in the policy. 6) Statement that the signature of any two of the three will constitute and Award. 7) Statement that each party will bear 50% of the expense of the Umpire. 8) Items to be Appraised. 9) Basis of the Appraisal, i.e. Actual Cash Value, Replacement Cost or both. 10) How sublimits within the policy are to be addressed. 11) Statement that the Award is a comprehensive Award and the application of advanced payments, policy provisions is the responsibility of the company. 12) Language to the affect that the deliberations of the Appraisal panel are confidential and exempt from depositions or suit in case the Award is challenged or a bad faith claim is filed. 13) The signatures of the parties.

STYLE OF CASE DECLARATION OF APPRAISERS

STATE OF SS: COUNTY OF We the undersigned, do solemnly swear that we are qualified and competent and will make an Appraisal of the property hereinbefore mentioned, stating the amount of loss, in accordance with the Appraisal Condition of the Policy of Insurance issued to the Insured, and that we will make a true, just, and conscientious Award of the same, according to the best of our knowledge, skill and judgment. _____________________________________ APPRAISER WITNESS_________________________________ DATE______ ______________________________________ APPRAISER WITNESS_________________________________DATE______

SELECTION OF UMPIRE

We, the undersigned, hereby select and appoint ____________________________ to act as the Umpire to settle matters of difference that shall exist between us, if any, by reason of and in compliance with the forgoing declaration and appointment. Witness our hands this ______ day of _____________________201_ ______________________________

APPRAISER ______________________________

APPRAISER

INSURED v INSURANCE COMPANY

QUALIFICATION OF UMPIRE

STATE OF SS: COUNTY OF I, the undersigned, hereby accept the appointment of Umpire, as provided in the foregoing agreement, and solemnly swear that I will act with strict impartiality in all matters of difference that shall be submitted to me in connection with this appointment, and I will make a true, just and conscientious award, according to the best of my knowledge and judgment. I am not related to any of the parties to this agreement, nor interested as a creditor or otherwise in said property or insurance. ________________________________________ UMPIRE Witnessed ___________________________________this _____day of ______________ 201_.

INSURED v INSURANCE COMPANY

AWARD

We, the undersigned, pursuant to our appointment, do hereby certify that we have truly and conscientiously performed the duties assigned to us, agreeably to the foregoing stipulations, and have appraised and determined and do hereby award as the amount of the loss the following sums to wit:

Less any applicable deductible Less any advance payments

______________________________ APPRAISER & DATE ______________________________ APPRAISER & DATE

______________________________ UMPIRE & DATE