NACHI arbitration service provides complaint resolution.

Originally Posted By: Nigel A. Bonny
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Blaine…I am General Counsel to FREA. Prior to joining FREA I litigated as a defense attorney on behalf of insurance companies for a number ofl years. I am licensed to practice law in California only, therefore I do not give legal advice outside my licensed area of practice (outside federal issues).


Joe, when you have a strong case, argue the facts. When your position is weak, argue the law. When you havn't a clue what you're talking about, say something in Latin in the hope that your audience will think you are better educated than they are and that you know something they don't.

I don't need a dictionary...I am part of the .0001 per cent of the population who knows what pari passu means. Your assertion that most "educated" people know what it means is as absurd as your ridiculous assertions that an arbitration clause will lead to lower losses on a home inspector professional liability insurance program. Thanks anyway for the condescending comment about buying a good dictionary.

As an aside, some of the members of NACHI who are not based in PA apparently believe you can give them legal advice. Perhaps you had better make it clear to them that you can't.

Valete !


Originally Posted By: cmccann
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I see FREA has sent a watch dog to the NACHI board. I’m not sure what the motives are, but I’m sure they can’t be good. Twist and turn all the latin stuff you want but I get the feeling that FREA sees something that there not happy about. Could it be there scared of having to lower there premiums? General Counsel from FREA would not come here unless told to, you can beat on that. Let the games begin…Why oh why MR. FREA Lawyer would you come to this bulletin board? Most lawyers won’t do anything they have nothing to gain from, so please spare me the “I just wanted to help” lingo. I guess I can’t use FREA now, oh well I’m sure with a lot of work most inspectors won’t be using them anyway…A word to the over compensated Insurance companies, Do Not Resist Change!!!



NACHI MAB!

Originally Posted By: Nigel A. Bonny
This post was automatically imported from our archived forum.



I am not a “watchdog”…nor was I “sent” here. I have visited this board frequently and I was one of the first to warn about Nations Hazard (only to be accused by some NACHI members of making up my concerns about Nations because I was afraid of competition !!! ) .


On another note, and in answer to the silly accusations that I am concerned about NACHI finding their own program, FREA is NOT an insurance company.


(Say after me…FREA is not an insurance company).


We are an association which provides tangible insrance benefits to our members. I am not only General Counsel to FREA, but also it’s Managing Director. As such, it is my job to find the best insurance programs for Appraisers and Inspectors. It’s my affirmative duty to find the best program there is out there. Rates are not the only factor. We believe that the carrier should be “admitted” and we also look for the highest rating there is.


You cannot get higher than AIG (A++). We are there when you need us.


We’ve been doing this for 12 years. We know what we are doing. If there is a better carrier or a better program out there we will find it.


Why there is animosity against FREA by a few at NACHI is utterly beyond me. I have watched NACHI grow from its inception and I applaud its leaders, its structure, its goals as well as the professionalism of its members.


There are many NACHI members who are also members of FREA. If you find a better program than FREA’s I say “go for it”.


Your leadership might also want to consider working with us instead of against us. I am honestly baffled by some of the antagonism towards us as posted on this board .


In the meantime, cmccann, you are always welcome to use FREA if you want to. We would be delighted to welcome you aboard.


Originally Posted By: jonofrey
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I’m with you Chuck. Lawyers are only on this board because of MONEY, all of them. Lawyer pissing contests aside.


How is this arbitration service better than the free arbitration service that comes with membership in the BBB? I don't recall a membership demand for it on this board. How is a service in PA going to serve national members as well as a local BBB office?

Why is NACHI reinventing the wheel? A broken wheel at that.


--
Inspection Nirvana!

We're NACHI. Get over it.

Originally Posted By: Joseph A. Ferry
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Chuck -


Move to the head of the class. I must have touched a raw nerve at FREA with my posts respecting E & O Insurance.

Please note that Nigel does not even make a pretense of credibly rebutting any of my observations about E & O insurance, choosing instead to focus on my use of a very common and very well-known Latin expression. I suppose Nigel would object to the usage of, say, et cetera or bona fide, on the same grounds.

Back at you Nigel, if you cannot refute someone's arguments, create a diversion. And your elitist supposition that you are one in a million who understand the meaning of pari passu is beneath contempt.

If Nigel believes my interpretation of California law with respect to its treatment of arbitration clauses is incorrect, he should advise me of my error. If he does not, he should mind his own business.

A lawyer need not be licensed in a jurisdiction to offer a legal opinion on its laws, Nigel's implied disinformation on this issue notwithstanding. One needs a license to practice law in a jurisdiction and lawyers licensed in one jurisdiction can be admitted to practice in other jurisdictions pro hac vice [apologies to Nigel's anti-Latin sensibilities] which means "for this occasion". If Nigel does not know this, it's no wonder he is no longer "litigating insurance cases" which, by the way, in trial attorney circles is the moral equivalent of "meatball surgery".

Joe Ferry
NACHI General Counsel


Originally Posted By: rray
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Wow. This is almost better than those two yo-yos who were going at each other over on the Inspirational thread.


Originally Posted By: pdacey
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Yeah, but you need about three dictionaries to follow along.



Slainte!


Patrick Dacey
swi@satx.rr.com
TREC # 6636
www.southwestinspections.com

Originally Posted By: jpope
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You’re right Russel. But even those two yo-yo’s were able to bring about some good changes. To our message board in particular.


With an attorney arguing each side, we may see some changes that can be financially beneficial to all of us.

I say let them go at it. I'm taking a seat right here in front with my rain coat on ![icon_biggrin.gif](upload://iKNGSw3qcRIEmXySa8gItY6Gczg.gif)


--
Jeff Pope
JPI Home Inspection Service
"At JPI, we'll help you look better"
(661) 212-0738

Originally Posted By: Scott Warga
This post was automatically imported from our archived forum.



I am not an attorney but the question was asked:


Quote:
How is this arbitration service better than the free arbitration service that comes with membership in the BBB? I don't recall a membership demand for it on this board. How is a service in PA going to serve national members as well as a local BBB office?


If I have to go into arbitration I would rather sit down with someone familiar with the home inspection industry and standards than some guy that the BBB sent over that is pissed because his daughter just got screwed by a bad home inspector.

That is the difference.

Sorry I don't have any fancy Latin words.


--
Scott M. Warga
President
Ark Inspections Inc.
Gilbert, Arizona

Originally Posted By: Nick Gromicko
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Too funny Russel.


Nigel: Thanks for coming on the board. I won't use any Latin 'cause I be havin' enough trouble with English. Help me out here... its real simple:

Ex mea sententia if NACHI can reduce/limit risk it will lead to reduced premiums.

In exchange for premiums, all insurance companies spread the risk over all their clients, pay the claims, and end up with a profit. If NACHI reduces/limits risk, the insurance companies pay less claims, so their clients should pay less for the protection the insurance companies provide.

We're not trying to take your profit away from you, were trying to limit your risk. We're on the same side, no? I just don't want our members to get raptus regaliter.

And fortuna suffragante, we'll succeed. Its been a annus mirabilis.

Nick

Vah! Denuone Latine loquebar? Me ineptum. Interdum modo elabitur.


Originally Posted By: Scott Patterson
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cmccann wrote:
I see FREA has sent a watch dog to the NACHI board. I'm not sure what the motives are, but I'm sure they can't be good. Twist and turn all the latin stuff you want but I get the feeling that FREA sees something that there not happy about. Could it be there scared of having to lower there premiums? General Counsel from FREA would not come here unless told to, you can beat on that. Let the games begin.....Why oh why MR. FREA Lawyer would you come to this bulletin board? Most lawyers won't do anything they have nothing to gain from, so please spare me the "I just wanted to help" lingo. I guess I can't use FREA now, oh well I'm sure with a lot of work most inspectors won't be using them anyway.....A word to the over compensated Insurance companies, Do Not Resist Change!!!


I am sorry, but I just don't see a small group of home inspectors forcing FREA to lower rates. FREA's rates are based on what they are being charged by their underwriter (AIG). Get real guys, insurance is not going to get any cheaper. Look at your own personal insurance; Homeowners; Auto; Health; Life, they are all going up.

Bickering will not make the rates any lower. Home inspectors are a small risk pool in the sea of insurance and FREA is insuring more than anyone else.

Just my opinion your mileage may very.


Originally Posted By: Nick Gromicko
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Scott:


We are not trying to "force FREA to lower rates." We are unilaterally lowering FREA's costs by reducing and limiting inspector's risk.

I am certainly not a "something for nothing" guy.

It is true that NACHI is probably a real threat to OAHI, but not to FREA. FREA should welcome our efforts to reduce their costs.

Nick


Originally Posted By: jwalker
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Nick,


You might want to use spell check next time ![icon_razz.gif](upload://rytL63tLPMQHkufGmMVcuHnsuWJ.gif)

Ex mea sententia

And fortuna suffragante, we'll succeed. Its been a annus mirabilis.

Nick

Vah! Denuone Latine loquebar? Me ineptum. Interdum modo elabitur.


--
James Walker

Our Service Is A Long Term Investment!

OneSource Real Estate Inspections
DFW, Texas
www.dfwhomeinspector.com

Originally Posted By: Scott Patterson
This post was automatically imported from our archived forum.



gromicko wrote:
Scott:

We are not trying to "force FREA to lower rates." We are unilaterally lowering FREA's costs by reducing and limiting inspector's risk.

I am certainly not a "something for nothing" guy.

It is true that NACHI is probably a real threat to OAHI, but not to FREA. FREA should welcome our efforts to reduce their costs.

Nick


Point taken.


Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.



I see it as a long series of steps.


There are a series of steps we have to take to actually reduce our member's risk (a real cost of being in this business). These steps include our entrance exam to weed out hi-risk inspectors from the start, an improved pre-inspection agreement, an improved Standards of Practice, hold-harmless language for agents, our own inspection industry arbitration service, Joe Ferry himself, etc. All this and more gets us to our first step:

Step 1. Actually reduce our member's risk.
Step 2. Get E&O actuaries to recognize this drop in risk.
Step 3. Have E&O insurance companies reward us for reducing our risk and therefore their costs.

Reducing our member's risks by even 40% should equate to an $1500/year/inspector savings for the insurance industry. If they give us even $1000/year/inspector of that savings, I'll be happy, and so will the insurance companies, and so will our members. Win-win-win.

Nick


Originally Posted By: cmccann
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Mr. FREA, General Counsel, Managing Director, Nigel


Why are you getting so mad? Anyway, Nick is there anyway to form our own Insurance group. Who does that? Is that even possible? If some of these other yahoo's can do why not us? That would be huge for NACHI. Something to consider....anyway love you all see ya soon at a chapter meeting near Michigan... BTW can I get a quote? Keep up the good work Mr. Ferry we all know your here to help....


--
NACHI MAB!

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.



James Walker:


Translation:

Vah! Denuone Latine loquebar? Me ineptum. Interdum modo elabitur. = Oh! Was I speaking Latin again? Silly me. Sometimes it just sort of slips out. ![icon_smile.gif](upload://b6iczyK1ETUUqRUc4PAkX83GF2O.gif)

Nick


Originally Posted By: jwalker
This post was automatically imported from our archived forum.



OH icon_exclaim.gif


Now I under stand


--
James Walker

Our Service Is A Long Term Investment!

OneSource Real Estate Inspections
DFW, Texas
www.dfwhomeinspector.com

Originally Posted By: Scott Patterson
This post was automatically imported from our archived forum.



Nr., I doub’t, da? es erfolgt werden k?nnte!


Es w?rde nett sein.ASHI, das in dieses und in es geschauen wurde, w?rde nehmen viele Dollar, zum es zu unterst?tzen und es zu halten zu gehen.Es ist am besten, FREA zu verwenden.


Wie tun Sie, m?gen Sie mein Deutsches!


Sprechen Sie Deutsches.


Originally Posted By: Nigel A. Bonny
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Thank you both Nick and Scott.


As a friendly warning to you Nick, Joe may cause your organization some problems. Of course he is entitled to render “opinion” on this board. I specifically raised a concern because some members beileve they can obtain legal advice from him. Their specific posts have requested that only NACHI memebrs should be entitled to this legal “advice” as a membership benefit. In the legal world, “advice” is very different from “opinion”. Please be advised that if the ABA gets wind of this, they will come down on you like a ton of bricks. (Vicarious liability).


(I’m not snitching, but there are those who monitor this kind of stuff.I personally do not give a rat’s.)


Again, I warned about Nations Hazard, NOT because we were losing business (we lost 4 guys to them) but because I hate to see people getting ripped off.


I am not scared of NACHI…NACHI members ( the vast silent majority who read the board’s postings but do not contribute to the postings ) know us and love us & they know full well that FREA is a benign organization that just tries to do its best. (Blaine Wiley excepted {sidebar…Blaine…get a credit card})


Nick knows this…he expressed his displeasure about a long lost article in the Communicator a long time ago, but that was not our view and it is now ( I hope ) water under the bridge.


Our profits are reasonable but not grotesque. We are (please, it goes without saying) all in business to make a living. I try to understand the insurance business. I try even harder to understand the nitty-gritty of home inspection. We need each other. We learn from each other. We need to co-exist. Fighting over this Inspector versus Insurance provider is like watching 2 bald men fighting over a comb.


If you guys were smart, one of you might consider asking if FREA would give you all a group rate.


So far, all you have done is bitch and moan & criticize us as though we are rip-off merchants.


You guys, of all, know the roof "expert " who comes in after your inspection and says…12 months after the home purchase…“Oh Boy ! This roof is like Swiss Cheese!. How long have you owned this house ?..Oh…only a year…but didn’t you get an INSPECTION before you bought theplace???..You did, did you ? didn’t the moron who inspected your house tell you that you needed a new roof ??? Huh ?? Huh ???”


They convince the homeowner that the inspectors are experts in everything & should know better. Well, we know & understand insurance, & you guys know & understand inspecting.


Just this year I sold and bought a home. I thought the price of the inspection was high, but never considered asking for a discount because the VALUE derived from the inspections was way above and beyond the $ cost. Compared to the benefit derived from the service it was an out & out bargain.


Instead of campaigning for lower insurance fees I, and the Communicator have been advocating for higher inspection fees. I would like to see fees set at a standard of $495 minimum (realtors get at least $3500 on an average home sale and they do very little) across the board. We control the Communicator…if we had solidarity we could achieve this for you all. If we had the support (instead of the unfathomable criticism) of your leadership, we have a realistic chance of attaining the goals that would benefit all of us.


Ok…enough already. Sure we make a profit and of course the insurance program we run makes a profit…but I can honestly tell you that the profit is not vast. We are constantly on the lookout ofr other carriers because 3 or 4 big claims in one year will spook the carrier and send them running for cover. That’s just life folks.


This will be my final posting for a while. I’m a business-man like you guys. I have a famly , young kids, mouths to feed and a life to live…I’m not going to allow personal attacks to cloud life’s real issues.


Joe Ferry, if you do not understand the difference between rendering a legal opinion & offering legal advice you better call the ABA rightaway.


Being criticized by you & your ignorance is akin to being mauled by a dead sheep.


Anyone who wants real “opinion” from a real defense attorney can call me on 858 483 2490


If you agree that fees should be higher feel free to email me also. Better still, write an article and we will publish it in the Communicator and give your organization a big big plug.


Best wishes,


Nigel


858 483 2490


I won’t be in tomorrow cos it’s my b’day, but Chris will answer any questions you may have…


ps…if you are not my client I cannot give you legal advice…especially outside the State in which I have a licence to practice law in.