First Notice of Loss, like many insurance related niches, leverages a litany of acronyms in describing the methodologies and nuances relevant to both providers and “consumers”. It is complex for those who use it, including both the providers and consumers. For the purposes of this article, consumers can be considered claimants, and providers can include insurance carriers, TPAs and FNOL Call Centers. Let’s begin by defining First Notice of Loss. A First Notice of Loss alerts the responsible insurance provider as to the theft or destruction of something which is covered under the terms of a given policy. Notification can often precede the filing of a formal claim. Many insurance providers utilize a specific process and or documentation to log a first notice of loss, while others simply provide basic guidelines. The concept is simple enough, an individual or business encounters a loss (fire, theft, vandalism, healthcare, etc.) and contacts an insurance provider or third party representative to alert them of this loss. From here however, there are a litany of acronyms utilized in this process. Some of the more common acronyms and definitions are noted below in alphabetical order:

Absence Reporting Systems (ARS): Employee feedback systems which can increase employee satisfaction while decreasing employer costs.

Average Speed to Answer (ASA): The metric used for determining efficiency in which a company responds to incoming FNOL calls and claims.

Average Time to Abandonment (ATA): The average amount of time a claimant waits before they disconnect their call.

All Trunks Busy (ATB): A telephone status, indicating limited call throughput, denoting that all trunks are in use. It means the trunk group cannot accept any new inbound or outbound calls.

Call Handling Times (CHT): The amount of time an FNOL call center representative spends with a claimant including post call processing. This is also referred to as Average Handling Time.

Electronic Data Interchange (EDI): An industry standard for transferring data electronically, allowing efficient and accurate communication for all parties involved in claims management. Accurate EDI integration is important with FNOL as missing or inaccurate data can result in fines and penalties.

First Notice of Loss (FNOL): A compressive process which can or should include incident reporting, claims management, state filing, data recording and retrieval, and customer service.

First Report of Incident (FROI): The instant that the claim handling begins or notice of absence is provided.

First Report of Injury (FROI): FROI relates to workers compensation compliance. Regardless of whether or not an employer agrees with a claimant an FROI must be filed. These reports are typically required when an injury causes an employee to miss 5 or more paid workdays, and must be submitted within seven business days of the fifth missed day of work. Each state uses its own FROI form.

Full-Cycle Claim and Incident Reporting (FCCR): Solutions that improve productivity and reduce costs for commercial and personal insurance carriers, self-insured companies, third party administrators, and managed care organizations.

Incident Reporting (IR): Well defined incident reporting procedures help with claims processing and to reduce claims paid out, handling expenses, and administrative costs. Both medical expenses and litigation can also be mitigated through effective incident reporting.

Intake Specialists (IS): FNOL call center personnel trained in the procedures relating to claim handling and FROI.

Subsequent Report of Incident (SROI): Reconciling the status of the reported issue with the status and methodology of resolution.

Third Party Administrators (TPA): An organization which processes insurance claims or certain aspects of employee benefit plans for a separate entity. A TPA typically handles the claims processing for employers that fully self-insures its employees.

Accurate, timely and efficient First Notice of Loss response, intake and reporting are important for both employer and employee. Some of the most important work can take place in the first few minutes. A well documented FNOL process and procedures dramatically improves data accuracy and reduces the amount of work required later in the process. An efficient and automated process can mitigate costs and reduce errors. This can result in consistently better outcomes for all involved.

If you have just received Notice of Deposition, it is important to take it seriously. There are certain responsibilities expected of you, under law. Continue reading to learn what it means to receive this type of notice, what is expected of you, and what you need to do. Take comfort in knowing that you are not in any trouble, and you are already in the right place.

Understand the Meaning

A Notice of Deposition is simply a legal phrase that describes a formal meeting that involves a recorded interview under oath. If you received one, it means that you are being asked to provide answers under oath as a witness to a case. It is an official interview session that is used for two primary reasons: to learn what you know pertaining to the case in question, and as evidence for later use. Even if you have nothing to do with the lawsuit or parties involved, you can still be asked to come in for a deposition. The Indiana Rules of Trial Procedure allows it. Either parties in a lawsuit can have anyone provide a deposition 20 days after the lawsuit is filed.

What to Expect

During a deposition, you will be asked questions by a person called an examiner. They will ask you a succession of questions to see if you have any useful knowledge they can use as evidence to help their client win their case. This part may feel uncomfortable since some people describe it as an interrogation, but with the right knowledge, you can get through your deposition smoothly. Here are some important tips to remember to help you with your upcoming deposition date:

Get Prepared – You may want to think about hiring an attorney to protect your rights during the deposition. Even if you are not part of the lawsuit and simply a witness. They can also give you a mock session prior to the meeting that will help you prepare for what’s to come.

Stick to the Truth – Since you are under oath, it is important that you remain entirely truthful during the entire deposition process. Furthermore, be sure to only answer the question asked, and only answer what you know. Sticking to the truth will also make it easier to answer the examiner’s questions and reduce any anxiety.

Remain Calm and Cooperative – Never get defensive, combative, angry, or emotional during a deposition. Remain calm and professional, and refrain from raising your voice or arguing with the examiner.

Whether or not you actually register the rights to your work with the Copyright Office, you can still use a copyright notice on your work. You have every right and legal claim to your work the moment you put words to paper. It helps to register, but you still own the copyright and you have every right to use a copyright notice on your projects.

The copyright notice simply notifies readers that, yes, the work is copyright protected. You can get as specific as you want with this copyright. Here are the basic features of a copyright notice.

1. Copyright – The word copyright or the symbol © works well to inform people in a clear way that it is a copyright notice. Many people use both the symbol and the word in order to make sure everyone understands the meaning.

2. Name – Your name is another important part of the copyright notice. You should declare whom the copyright belongs to. If it belongs to your company, and not to you, you should put a company name.

3. Date – It helps to at least put the year when the copyright was created. This helps establish when the document was created, and will help others figure out who wrote the document first if there is every a dispute.

4. Reserved Rights – The statement “All Rights Reserved” used to have to be included on copyright notices because certain countries around the world required it. It is still often used with copyright notices, even if it is no long a requirement.

5. Details – If you grant partial reprint rights if your name and link is in tact, or if you don’t give anyone permission to use your content, it helps to declare this in your copyright notice.

Sample copyright notice:

Copyright © John Smith 2000 All Rights Reserved. No part of this document may be reproduced without written consent from the author.

This should be all that you need in order to write a copyright notice for any document. This works for any sort of project, document, web page, piece of music or anything else you create.

The Federal Communications Commission is the United States government agency responsible for policing the radio waves in the U.S. Under authority delegated to the Commission by Congress, it regularly issues “Notice of Apparent Liability”, “Notice of Violation”, and “Notice of Unlicensed Operations” to the public who have run afoul of the Commission’s rules.

Commission fines can range from hundreds of dollars (which is rare) to many thousands of dollars (which is all too common).

If you receive a notice from the Commission, there are some basic things you should know and do so that you do not turn a bad situation into a worse situation.

1. Don’t panic.

The fact that you received the Notice of Violation does not conclusively mean you have done something wrong, but it does mean the FCC has serious questions about you and/or the radio system cited.

2. Don’t freeze.

Like being served with a law suit, you must fully answer the Notice of Violation or risk what amounts to a default judgment against you, and the FCC sending you a Notice of Apparent Liability. A Notice of Apparent Liability is, essentially, a bill for violation(s) that can cost you thousands or tens of thousands of dollars.

What else can the FCC do? They can order you to shut down your radio system, or cancel your operator’s license. If you fail to follow an FCC order, the Commission may refer the case for arrest and criminal prosecution.

3. Determine, EXACTLY, when your written response to the Commission is due.

The due date, or the number of days you’ll have to respond will be printed on the face of the Notice. That’s the day the response is due at the Commission…NOT the day you put the response in the mail. Your failure to respond when required can subject you to fines and/or shutdown orders.

4. Read the Notice VERY carefully. Then go back and read it again.

Determine EXACTLY what you’re being accused of…and when! It might be that you’re not the right party based on the alleged violation, or the date or time of the alleged violation might be your defense. For example, were you were cited on a date or time when the radio system was not in operation, or not operating in violation of the Commission’s rules.

5. What you tell the Commission in your response can be used against you.

The choice of words you use (or omit) in your written response is, therefore, critical, both from an accuracy-of-response standpoint, and from the equally important standpoint of not incriminating yourself unnecessarily.

6. If you don’t know how to respond to an FCC notice, find someone to help you.

Go back and re-read points 1 and 2 of this list. Remember, you owe the Commission a written response within a certain number of days, so every day you delay is a day lost. The quality, accuracy, and effectiveness of your written response will likely decrease as the due-date gets closer…and you get more nervous.

If you have legal counsel to deal with FCC matters, contact your lawyer immediately. If you do not have counsel, you can find qualified attorneys on the web.

Note: This article, written by a telecommunications attorney licensed in California, is not meant to offer specific legal guidance in any particular matter, or to form an attorney-client relationship. Rather, it is intended to provide general guidance. Check with an attorney for specific guidance in your legal matter. Copyright 2008 Jonathan Kramer, Esq.

Most people and companies are often unaware that when they first contact their insurance provider to report theft, loss or damage that they are actually contacting a first notice of loss (FNOL) call center. FNOL call centers typically operate 365 days a year, round the clock, ensuring policy holders can easily report a loss, and further, that the respective insurance companies receive timely and accurate claim loss data.

First notice of loss operations are sometimes staffed internally, but more frequently these days, the operations are outsourced to a specialist. As one can imagine with any 24/7 by 365 day a year operation, staffing, training and accurate claims intake are challenging for any organization. There are different types of vendors which offer solutions for FNOL, some offer software, others offer a comprehensive call center based on a proprietary application, and still others customize their call center operation to accommodate any platform. These are platform agnostic vendors who claim to work with insurance companies’ existing platforms.

Why is first notice of loss important to both policy holders and insurance companies? Obviously the key function of a notice of loss is to alert the responsible insurance entity as to the theft or destruction of something which is covered under the terms of the policy. In some cases, notification will precede the filing of a formal claim. In certain circumstances, the insured may contact a FNOL representative and follow specific rules of engagement relating to the policy parameters. This is happens often when a provider underwrites different types of insurance coverage and uses a specific format for each type of policy offered to consumers. Herein lies the challenge for many insurers, and the frustration for many of those insured, as policy specifics dictate both the necessary information intake, and the resulting claims processing process. In many cases, speed is of the essence. For example, theft relating to jewelry would require very specific loss notification, and further, rapid notification to the authorities and insurance provider can help result in improved odds of recovery.

First notice of loss has also been undergoing a metamorphosis offering insurers an opportunity to demonstrate their relative professionalism at a time where their policy holders are likely upset and under stress. This is an optimum time, regardless of whether the call center is in house or outsourced to demonstrate a customer centric attitude increasing customer satisfaction and loyalty. Thus, first notice of loss (FNOL) is a critical component of client satisfaction and customer retention.

The topic of this article is the use of a notice to appear at trial or hearing and produce documents in California litigation, also known as a notice in lieu of subpoena duces tecum. The notice is given pursuant to Code of Civil Procedure Section 1987(b) and (c), and can only be used on a party to the litigation, or someone who is an officer, director, or managing agent of any such party. One of the main advantages of using the notice to appear is that service may be made by mail, instead of personal service as is required with a standard subpoena.

But the best advantage of all is yet to come. The best advantage is the fact that, even a party who has failed to request certain essential or critical documents during the discovery phase of the litigation process, if the existence of the documents is known, and the documents can be clearly identified, the party can prepare and serve the notice on the other party to compel them to appear and produce the requested documents at the trial or hearing. They can also compel someone who is an officer, director, or managing agent of the other party to appear. The author has seen many cases where the use of the notice has been very useful in trial preparation.

Thus, even a party who has missed the discovery cut-off date for requesting certain documents can still compel production of those documents, provided that they can identify the requested documents with reasonable particularity. And as mentioned above, they can also compel the attendance of certain known individuals to appear as a witness.

If only the attendance of the person as a witness is required, then service may be made personally at least ten calendar (10) days before the trial or hearing, or fifteen calendar (15) days before the trial or hearing if service is made by mail. Service should be made on the party, or their attorney if they have one.

If production of documents is required, then service may be made personally at least twenty (20) calendar days before the trial or hearing, or twenty five (25) calendar days before the trial or hearing if service is made by mail. Service should be made on the party, or their attorney if they have one. The notice should state the exact materials or things desired, as well as a statement that the person has them in their possession, or under their control.

The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court, pursuant to Code of Civil Procedure Section 1987(b).

The author sincerely hopes that you have enjoyed this article.

Yours Truly,

Stan Burman

Copyright 2012 Stan Burman. All rights reserved.

The letters NOI stand for Notice of Interest or sometimes incorrectly called a Memorandum of Contract or MOC. It is usually a one page document that stipulates that the person submitting the document for recording at the County Clerk’s Office has an equitable interest in a property because of a signed purchase and sale contract.

The NOI is most commonly used when an investor signs a purchase and sale contract with a homeowner/seller and wants to show anyone trying to make another offer on the property that he has a legal interest in the property. This is the case where someone else, usually another investor, comes along and offers the homeowner a higher price.

The practice by investors of up-bidding properties after they are under contract is getting more common in distressed markets but even happens in normal markets. The investors who regularly make statements to homeowners like, “Get your highest offer from those other guys and call me back, I’ll give you more money than any of them – I just need to see it in writing”. The ugly part of that statement is the term “in writing” because that usually means a contract had to be signed by the homeowner.

While I can’t blame the homeowner from wanting more money, what I have seen happen most often is a black-hat investor who is trying to steal the deal, actually gets to the closing table and re-negotiates the price to below what he had originally offered the trusting seller. How do I know? I have been on the other side of his offers and had to fight to keep my sellers.

So occasionally we have to fight for our closings and I have covered this in other articles about how to do this. The ironic part is that it is a criminal offense to “induce” someone to sign a contract when another contract is in place. The Attorney General’s Office will take these cases if you show proof and the seller cooperates – which is usually the case when the homeowner is threatened with a law suit or foreclosure.

So when we sign a contract with a seller, we almost always record a NOI in the public record which is effectively a lien against the property. I want to repeat this because the subtleties of this “lien” are very far reaching. This NOI now has to be released as a lien on the property before the title can be transferred unless there is a foreclosure action to extinguish it, or the lien holder (the original investor/buyer) starts a foreclosure action to take the property. If this sounds harsh, it is just a solution to a problem where one party to a contract won’t hold up his end of the contractual terms – just like a lender does to a homeowner.

The NOI does not need to be signed by the homeowner/seller so anyone can put a NOI on anyone’s property. Just remember, there is usually a sign in the Clerk’s Office that says something to the effect that “If you enter a lien that is not valid, it is a felony”, so think twice about what you are doing before you do it – don’t do it in anger or it could cost you a lot in attorney’s fees.

Having said that, the courts and sometimes the recording clerk treat NOI’s as unruly in-laws. They tolerate them probably for the fees, but they don’t like them much because of historical issues with the seller not knowing these liens have been filed. Many standard real estate contracts specifically forbid filing a notice of interest to be recorded in the public record. This prohibition can be overcome by striking this clause pertaining to it and having both seller and buyer initial it, or adding an over-riding clause or addendum to your contract.

Once a NOI is filed in the public record, the next time the title to the property is transferred, the title agent will have to have a Release of Lien for the NOI signed to write a title policy on the property or note it as an “exception” in the policy. If the NOI is not extinguished by a Release of Lien, the title has been “clouded” and needs to be cleared and a transfer to a new buyer may not properly take place.

This is where you come in to release the lien and it usually happens when you least expect it – just before you were planning on closing yourself! Sometimes the homeowner will call when he gets a copy of the recorded NOI from the Clerk’s Office and he didn’t expect it – either way, the seller is trying to renege on the transaction. Sometimes the seller changed his mind for a valid reason, most often it is not.

You have a couple of choices when the NOI “hits the fan” so to say:

1.) Release the NOI using a Release of Lien document and get paid to release the lien

2.) Honker down and fight the seller to come to closing or get paid to release the lien.

In summary, your choice is personal and determined by the potential lost profit in the deal, the homeowner’s/seller’s real motive for not wanting to sell, how much you can get paid for a release of lien, and your disposition on that day. In the final analysis, the choice is yours to force the seller to come to closing or release the lien.