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					                                     THE AWARD WINNING HOUSTON CHAPTER
                                              Chapter of Distinction
                                        Outstanding Chapter Programming
                                       Outstanding Chapter Member Services
                                            July 2009
In This Edition:                        FROM THE DESK OF THE CHAPTER PRESIDENT…
 Chapter President Message
                                    Here we are in July, and I hope you had a fun and safe July 4th.
 Monthly Meeting
                                    It is just unreal to me that the year is speeding by so quickly.
 RIMS Benchmarking
 Degree Program                    This month’s meeting will be fun! We will honor our Former
 Legal Updates                     Presidents, who all deserve a great deal of thanks. There is a lot
                                    of time and thought that goes into being President, and we need
 Scholarships
                                    to let each of them know we remember and appreciate them and
 Professional Development          the time and effort they took from their work and home life to do
 Welcome New Members               the wonderful job they did. They continue to contribute their
 Job Postings                      time and experience to those of us who need lots of advice and
                                    several are still on the Board of Directors. Please be sure to
 Chapter Meeting Place
                                    thank each and every one of them at the meeting!

                                    The speaker for our July 15 meeting is Richard V. Baratta, Ph.D.,
   2009 Houston Chapter
                                    P.E. a Division Manager with Rimkus Consulting Group, Inc. Dr.
    Board Members and               Baratta will show us some incident scenarios and tell us about the
         Advisors                   tissue injury potential. Injuries cost companies millions of dollars
                                    a year. So, it should be of interest to many of us in the area Risk
President
Nancy Stucky
                                    Management as we look for ways to analyze accidents and to
The Mitchell Family Corporation     help prevent them in the future.
nstucky@mitchellfamilycorp.com
                                    There will be another Social (place and time to be announced) in
First Vice President                September instead of a meeting. This will be a good time to
Victor Pivetta
Key Energy Services, Inc.
                                    celebrate the end of summer, the beginning of the school year
vpivetta@keyenergy.com              and the fall season. It will also give us a chance to get to know
                                    one another better and meet the new members. It will also be a
Vice President /Treasurer
Stephanie Degreve                   great opportunity for you to invite your friends who might like to
Swift Energy                        join our Society so they can learn about the many benefits of
Stephanie.degreve@swiftenergy.com   being a member.
Assistant Treasurer
                                    The Fall Conference is just around the corner – only four months
Michelle Wilkerson
Newfield Exploration Company        away. Our theme this year is Survivor: Houston. We will have
mwilkerson@newfield.com             wonderful speakers and an Exhibit Hall that will surpass last
                                    year’s participation. To provide time for everyone to get a
                                    chance to visit the Exhibit Hall this year, we will only have a key
                                    note speaker and two main speakers for the morning session.
                                    The lunch and afternoon activities will remain the same. Those
                                                                                              Page 1 of 12
                                   of you wishing to have a booth please let me know as soon as
Vice President/Secretary           possible. We will post the requirements and price list on the
Sondra K. Faul, CIC
                                   website within the next week or so. To make the Conference a
The University of TX HSC-H
sondra.k.faul@uth.tmc.edu          success, we need lots of volunteers! If you would like to help
                                   with the Conference, please let one of the Board members know
Vice President/Asst. Secretary     so we can put you in a slot where your interests are (meeting,
Cynthia Vickers, ARM               golf tournament, etc.). Let’s all work together to make this the
El Paso Corporation
                                   best Fall Conference ever!
cynthia.vickers@elpaso.com

Membership/Attendance              Please be sure to come to the July meeting – we love to see each
Jennifer Howard                    of you and miss you when you are not there! AND, remember to
Gulf Coast Regional Blood Center   RSVP so we will have plenty of food!
jhoward@giveblood.org

Associate Director/Membership
                                   Nancy Stucky
Terry Owens
Goodman Global, Inc.
terry.owens@goodmanmfg.com                  July Meeting Topic and Speaker
Public Relations/Newsletter
John Lawson, ARM                        IN HONOR OF YOUR SERVICE
Goodman Global, Inc.
john.lawson@goodmanmfg.com             TO THE HOUSTON CHAPTER OF
                                                 RIMS
Job Placement
Barbara Lewis
Jacobs Engineering Group                                Wednesday, July 15, 2009
barbara.lewis@jacobs.com                                  11:30 AM – 1:00 PM

Chapter Liaison                          Topic:   BIOMECHANICS OF INJURY CAUSATION
Jo Anne Lancaster
Westlake Chemical Company                   Speaker: RICHARD V. BARATTA, Ph.D., P.E.
jalancaster@westlake.com
                                    DIVISION MANAGER FOR RIMKUS CONSULTING GROUP, INC.
Education
Sharon Guillory                    Please join us for The Biomechanics of Injury Causation
Rain CII Carbon, LLC               discussion is designed to help the participant understand the
sguillory@raincii.com              mechanics of tissue injury and the injury potential associated with
Legislation
                                   different incident scenarios. The course will provide some
Nikolas G. Kapatos                 familiarity with human anatomy, and will provide a variety of
Sterling Bancshares, Inc.          examples in which claimed injuries are analyzed in light of the
nick.kapatos@banksterline.com      incidents that reportedly caused them, so that personal injury
                                   allegations may be more clearly understood.
RIMS Delegate
Ella Andrews
Friedkin Companies, Inc
eandrews@friedkin.com
                                                      RIMS Benchmarking
Past President                     With all the recent changes in the insurance market, an independent
Ginny Penzell, ARM                 source of research is more powerful then ever.
El Paso Corporation
ginny.penzell@elpaso.com
                                   The RIMS Benchmark Survey is the definitive resource regarding Total
                                   Cost of Risk, including data on premiums, limits and retentions across
                                   commercial insurance lines, as well as in-depth information on retained
                                                                                                Page 2 of 12
                                losses and risk management administrative expenses for US and
Web Master                      Canadian companies.
Shawn Pickens
sppickens@earthlink.net         You can get the 2010 copy for FREE (or the current 2009 book for a
                                substantial discount-just $50 for RIMS members).
ARM Instructor
Jim Drew
Bowen Miclette and Britt, LLC   Visit www.RIMS.org/book for more information.
jdrew@bmbinc.com
                                Participate in the study using one of the two options:

                                1) Have your broker send in your data, and you get credit. Go to
                                www.RIMS.org/brokerform to download the Data Participation Letter,
                                send a copy to your broker and a copy to this address. This letter
                                authorizes your broker to submit the data on your behalf.

                                OR

                                2) Send in a schedule of insurance or go to www.RIMS.org/contribute
                                to download and fill out our spreadsheet. E-mail it or fax to
                                +1.212.655.7453.
Meeting Dates for 2009
                                Need to know which Insurance Companies wrote the most D&O, EPLI,
                                Fiduciary, Property, Umbrella & Excess, and Workers Comp?
       August 19, 2009          The 2009 RIMS Benchmark Survey contains this data and shows you
                                the top ten insurance companies for each cover by policy count and
    September 16, 2009          total premium for the last five years.

    Houston Chapter Fall
        Conference
      October 23, 2009          Insurance and Risk Management degree program
                                                    at UHD
     November 18, 2009
                                In follow up to a roundtable discussion held 22 March 2007 about establishing
      December 9, 2009          an Insurance & Risk Management Center at the College of Business at
                                University of Houston-Downtown (UHD), the College is pleased to share a
                                review of the Center’s academic objectives, and program and financial
                                updates.


                                The Center received final approvals by the UH System Board of Regents in
                                August 2008 and by the State of Texas Higher Education Coordinating Board in
                                December 2008. A search for an executive director is underway with program
                                start-up expected in Fall 2009. In 2010, the College will produce its first
                                graduates with a Bachelor in Business Administration with majors and minors
                                in Insurance & Risk Management. Semester scholarships ranging from $500
                                to $1,000 for IRM majors and from $250 to $500 for IRM minors will be
                                awarded based on GPA.


                                                                                                     Page 3 of 12
                                    Justification to create the Insurance & Risk Management Center is driven by

  The Houston Chapter               several factors. Chief among them is the difficulty and cost of finding
 RIMS mailing address is            qualified, professional, entry-level employees in the insurance industry, for
                                    which there is high demand. Another is the shortage of professional
5090 Richmond Ave. #86              development opportunities for people already employed in the industry. A
Houston, TX 77056-7402              widely acknowledged resource for such employees are college programs
                                    offering a major in Insurance and Risk Management, a resource which is not
                                    as well developed at Houston’s four-year universities as it could be.
           NOTICE:

Effective January 1, 2008, the      To be successful, the Insurance & Risk Management Center at UHD must excel
RIMS Society has changed their      in providing academic programs, professional training and development,
method of collecting Local
                                    outreach and public relations, and student and faculty support. To drive this
Chapter Dues. In the past there
were two deputies included with     agenda, UHD must develop an array of resources around a special professor or
the membership, then a charge       executive to lead and grow the program.
for each additional deputy
added. Under the new structure
they will begin collecting          The person who holds this position will:
chapter dues on a per deputy               Lead a Bachelors of Business Administration degree program with
member basis. The new                       majors and minors in Insurance & Risk Management that will prepare
structure for the Houston
Chapter Dues is $55 per deputy              individuals for a variety of skilled positions (sales, underwriting,
member. The change will be                  adjusting, investigating, actuarial, finance, technology, or marketing)
reflected on the renewal invoice.           in the industry;
The dues structure for associate
                                           Fulfill a management training and continuing education mission that
membership has not changed.
                                            offers industry employees opportunities to develop existing and new
 Please see our Chapter Website
               for                          skills, including preparation for certification examinations;
     additional information:               Solicit speakers for classroom and other engagements that promote

   WWW.RIMS.ORG/HOUSTON                     the IRM industry and its contribution to the region’s economy;
                                           Recruit practicing professionals to teach specialized IRM courses at
               or
                                            UHD;
  WWW.RIMS.ORG – Chapters –                Recruit high school through college students to enter the IRM
         Houston
                                            program;
                                           Secure paid internships and scholarships for students;
                                           Secure ongoing operating funds for the Center;
                                           Generally promote the many positive aspects of the IRM industry and
                                            its importance to the economy;
                                           Offer corporate on-site instruction where applicable.


                                    The Insurance & Risk Management Center at UHD represents a prime example
                                    of an industry partnership in business education and an incredible
                                    collaboration to:

                                                                                                            Page 4 of 12
                                           Further train and educate the industry’s existing employee base;
                                           Offer employment to individuals being educated specifically in this
                                            industry;
                                           Develop educational outreach and recruiting initiatives at elementary,
                                            middle, and high school levels.


                                    The College looks forward to establishing and building on this collaborative
                                    model with its industry friends and partners. If you should have immediate
                                    questions, please call Dean Bates at (713) 221-8179 or Development Director
                                    Steve Sucher at (713) 221-8288.



      Educational and                                            Legal Update
   Associations Websites:

American Institute for CPCU             Texas Supreme Court Holds Company Not Liable for
 and Insurance Institute of              Fatalities Caused by Fatigued Off-duty Employee:
 America www.aicpcu.org
                                    In a much anticipated ruling, the Supremes ruled today that an
 Charter Property Casualty          employer is not liable for automobile fatalities caused by an off duty
   Underwriters Society             employee, who had just finished up a particularly exhausting 12 hour
   www.cpcusociety.org              night shift.
    Institutional Risk                      The principal issues presented by this case are (1) whether an
   Management Institute
                                    employer has a duty to protect third parties from a fatigued employee
      www.irmi.org
                                    en route home after a 12-hour shift and (2) whether the employer has
    The National Alliance           a duty to train its employees about the dangers of fatigue. In this case
       www.scic.com                 Escoto sued the employer (Nabors) after four members of her family
                                    died in a car accident allegedly caused by Nabors’ employee on his way
   Construction Risk and            home after working five 12-hour graveyard shifts. Escoto alleged that
    Insurance Specialist            Nabors was liable it had a duty to protect other people when its
      www.cris-ce.com               employee drove home after an exhausting shift and because the
                                    company failed to train its employees how to handle fatigue. The
  For further Educational           Willacy County trial court entered a judgment in Nabors’ favor after a
  Opportunities Forms or            jury verdict for Escoto, reasoning that Nabors did not owe a duty to
Information, please visit the       Escoto. The Corpus Christi Court of Appeals reversed.
    Chapter website at:
                                             The Supreme Court today held that the employer had no duty
http://houston.rims.org/ChapterWe
                                    to protect third parties from a fatigued off-duty employee and no duty
 bsite/RIMSChapter.cfm?CID=328
                                    to train employees about obvious dangers posed by fatigue. The court
                                    reasoned that the holding in Otis Engineering Corp. v Clark, 668 S.W.2d
                                    307 (Tex. 1983), in which the company acted to send a drunk
                                    employee home, cannot be extended to this case where the company’s
                                    only act preceded the employee’s shift and incapacity and amounted
                                    only to establishing work conditions that may have caused or
                                    contributed to the accident. The employer merely established a shift
                                    schedule and allowed its employees to decide for themselves if they
                                    were too tired to drive following their shifts. This did not amount to
                                    foreseeable risk to motorists on the road. Because the risk associated
                                                                                                        Page 5 of 12
with driving while fatigued is common knowledge and appears to have
been appreciated by the employee who caused the accident, the
employer owed no duty to train employees about those risks. Nabors
Drilling, U.S.A. Inc. v. Francisca Escoto, et al (Tex, June 19, 2009).

       Contributed by Chamberlain McHaney

U.S. Supreme Court Increases Employee Burden of Proof
in Age Bias Cases

The Ruling
In Gross v. FBL Financial Services, Inc., decided on June 18, 2009, a
deeply divided U.S. Supreme Court imposed a heightened proof burden
on employees to establish age discrimination against their employers.
In a 5-4 decision, the Court concluded that the literal text of the Age
Discrimination in Employment Act (“ADEA”) does not allow a worker to
prove discrimination by demonstrating that age was one “motivating
factor” for the employer's adverse employment action. Rather, in the
majority’s view, workers must prove that age was the decisive factor or
“but for” cause underlying the employer's adverse job action. Unlike the
burden shifting ping pong match in Title VII cases, the burden of
persuasion in an ADEA case does not shift to the employer to show that
it would have made the same employment decision regardless of age,
even when a worker has produced some evidence that age was one
motivating factor in the employer’s decision.

       Contributed by Haynes Boone


                           Scholarships
The Houston Chapter of RIMS is happy to announce that two
$1,000 scholarships will be awarded this year for children of RIMS
members. If you are a current Houston RIMS Chapter Deputy
member and have a high school senior who will be attending
college in the fall or have a child currently attending college, he
or she is qualified to apply for one of these scholarships. Please
see the Chapter website for qualifications and the application
form, which must be completed and returned no later than July
17, 2009. Further information can be obtained through:

Houston Chapter of RIMS Scholarship Committee
c/o Sharon Guillory
Rain CII Carbon LLC
2627 Chestnut Ridge Road, Suite 200
Kingwood, TX 77339
sguillory@raincii.com




                                                                Page 6 of 12
        Professional Development - Local
The Houston Chapter of the Risk and Insurance Management Society,
Inc. (RIMS) will be sponsoring an ARM 56 class this Fall. This course is
part of a three semester specialty program leading to the Associate in
Risk Management (ARM) Designation. The course is open to the
general public, including all risk management, insurance and safety
professionals.
                    ARM 56 – RISK FINANCING

CLASS LOCATION:          Bowen, Miclette & Britt
                         1111 North Loop West, Suite 400, Houston,
Texas

CLASS START DATE: Tuesday Evenings–Starting August 18,
2009, 5:30 P.M. – 7:30 P.M.
                      (ends – mid November 2009)

COURSE LEADER:           Jim Drew, ARM, CIC
                         Office Phone: (713) 880-7172
                         E-mail: jdrew@bmb-inc.com

EXAM DATES:              October 15 – December 15 testing window at
                         Sylvan Testing Centers by appointment.

COURSE DESCRIPTION:                 Students will learn about the
                  nature, purposes and steps in risk
                  management; identify and analyze the loss
                  exposures of individuals and organizations;
                  and develop and apply decision rules for
                  choosing risk management techniques in
                  specific situations.


                          TUITION POLICY

The tuition per course, which does NOT include the exam fee or books,
is $110 for RIMS Deputy Members and $135 for all others (including
Associates of the Society). In the event the student cannot
attend the class, tuition will be refunded until the first night of
class. After the first class has been held, the student will
receive a CREDIT toward any of the ARM classes that may be
held during the two semesters (12 months) following the class
for which tuition was already paid.

GRANTS:

Grants are available to those Deputy Members who wish to take an
ARM course but are unable to due to financial hardship. Candidates
must apply through the education director (Sharon Guillory), provide a
                                                             Page 7 of 12
letter from their employer that the course in non-reimbursable, and
write a one-page letter indicating why they feel they are deserving of
the grant. Recipients of the grants will be notified prior to the second
meeting night of class. The deadline for submitting an application is
August 11, 2009.

PAYMENT INFORMATION:

Make checks payable to:    Houston Chapter of RIMS

Please mail your check and enrollment form to:

Sharon Guillory
Education Director – Houston Chapter of RIMS
                       c/o Rain CII Carbon LLC
                       2627 Chestnut Ridge Road, Suite 200
                       Kingwood, Texas 77339
                       Phone: 281-318-2440
                       Fax:    281-318-2401
                       E-mail: sguillory@raincii.com

Enrollment forms should be completed and returned no later
than August 18, 2009. You also have the option of bringing
the registration form and check to the first night of class.
Please call Sharon Guillory or Jim Drew for additional details
concerning the class. The form is available on the Chapter
website.

CONTINUING EDUCATION (C.E.) CREDIT INFORMATION:

The Texas Department of Insurance has approved this classroom
course for 15 C.E. Credit hours. Students must attend at least 90% of
the classes in order to qualify.          The Insurance Institute of
America/CPCU has also received approval for 15 C.E. hours for students
who successfully pass the ARM exam. Students must choose either
the class instruction credits or the exam credits. They may not choose
both.

ORDERING BOOKS AND REGISTERING FOR THE EXAM:

Books may be ordered through the Insurance Institute at (800) 644-
2101. The cost for books is approximately $150. You may register for
the exam at the same time you order your books. The cost for the
exam is $148 (for early registration). Please refer to the current
AICPCU/IIA Key Information Guide for confirmation of test related fees
and deadlines. You can request a Key Information Guide from the
Insurance Institute via the web at www.aicpcu.org, via e-mail at
cserv@cpcuiia.org, or via phone at (800) 644-2101.




                                                             Page 8 of 12
                          CPCU PROGRAM

Classes will meet for 15 weeks plus 1-2 review classes. TUITION is
$185.00 per person, not including books or exam fees. Please
order books or other study materials EARLY directly from the
Insurance Institute: 1-800-644-2101 or Professional Book
Distributors 1-800-848-0773.
CAUTION: Please order course materials that match your
projected testing window, and verify they are correct when
received before you write on them.
Please prepare Lesson 1 for the first session as that material
will be discussed the first day of class.

 CPCU 560:         Financial Services Institutions
 (Testing window target: January15 to March 15, 2010)
  Course Leader: Chris Flynn, CPCU

  When:            Wednesdays, beginning September 9, 2009 6:00 PM – 8:00 PM
  Location:        USI, 840 Gessner, Ste. 600, Houston, TX 77024
                             6th Floor
  Questions:          email: cflynn@bankfranklin.com ; phone: 832-656-5295

                            IIA PROGRAM

Classes meet for 12 weeks plus 1-2 review classes. TUITION for INS is
$165.00 per person, not including books or exam fees (can be
ordered direct as indicated above).
CAUTION: Please order course materials that match your
projected testing window, and verify they are correct when
received before you write on them.
Please prepare Lesson 1 for the first session as that material
will be discussed the first day of class.


 INS21:             Property and Liability Insurance Principles
                   (testing window target: January 15 to March 15, 2010 ) OR
 INS22:             Personal Insurance
                   (testing window target: January 15 to March 15, 2010 ) OR
 NS23:             Commercial Insurance
                    (testing window target: January 15 to March 15, 2010 ) OR
                   ALL THREE, depending upon interest

  Course Leader:   Karen Deran, CPCU, CIC, CRM

   When:           Tuesdays, beginning September 1, 2009 5:30 PM – 7:30 PM
   Location:       USI, 840 Gessner, Ste. 600, Houston, TX 77024
                         6th Floor
   Questions:        email: kderan@gemins.com ; phone: 713-622-2330




                                                                   Page 9 of 12
      Professional Development - National
Enterprise Risk Management for the Advanced Practitioner
September 17-18, St. John's, NF

Entrepreneurial Risk Management (ERMe): Risk Management as a Profit
Center
September 21-22, Chicago

Developing a Risk Management Program for Your Organization
September 24-25, Philadelphia

Directors and Officers Liability and Insurance
October 1-2, Houston

Advanced Workers' Compensation Strategies
October 5-6, New York

Business Continuity/Disaster Planning and Management*
October 13-14, San Diego

Techniques of Risk Management
October 19-20, New York

Fundamentals of Insurance
October 21-22, New York

Risk Analysis Tools for Effective
Risk Management*
October 22-23, Las Vegas

2009 RIMS Enterprise Risk Management Summit
For advanced ERM professionals.
November 5-6, New York




               Chapter Member Honored
Houston Chapter RIMS Deputy Member was recently named as
one of the Top 100 Most Influential People in Finance by
Treasury and Risk magazine. Congratulations Pete!



        Welcome New/Renewed Members
Courtney Herrington – The Mitchell Family Corporation
Jane Reinert – McDermott International Inc.
Rondy Spardella – ESIS, Inc.
Keith Wright – Saber Risk Solutions LLC




                                                           Page 10 of 12
                                                              Job Postings

                                                   National RIMS Website - Texas

                               Risk Administrator
                               Claims Analyst
                               Director of Risk Management
                               Surety Bond Account Manager
                               Insurance Program Manager
                               Director of Risk Assessment & Loss Prevention
                               Claims Manager
                               ABM Operations Analyst

                                                                  Dallas Area:
                               Loss Control Consultant
                               Claims Manager
                               Insurance Program Manager
                               Lector – University of North Texas
Please see the Local Chapter
 website and the RIMS.org
   Jobs Listing for details.
                                         Monthly Luncheon Meeting Place
                                                                 The Briar Club
                                                               2603 Timmons Lane
                                                             Houston, Texas 77027
                                                           Telephone: (713) 622-3667




                                                             Directions to The Briar Club

                               The Briar Club is located at 2603 Timmons Lane, Houston, TX 77027. It is on the corner of
                                Westheimer and Timmons Lane between the north - south streets of Edloe and Wesleyan.


                                                                 Border Streets
                               Between Wesleyan and Buffalo Speedway (N-S) and West Alabama and Westheimer (E-W)
                                                      » East of Galleria towards downtown
                                                          » West of Kirby and Shepherd

                                                   From George Bush Intercontinental Airport (IAH)
                                                          Go South on US-59/Eastex Freeway
                                                     Exit Buffalo Speedway and turn RIGHT/North
                                                               Turn LEFT on Westheimer
                                                     Turn LEFT on Timmons Lane @ WhataBurger




                                                                                                          Page 11 of 12
                                              From William P. Hobby Airport (HOU)
                                                 Go North on I-45/Gulf Freeway
                                                Exit US-59 South toward Victoria
                                        Exit at Buffalo Speedway and turn RIGHT/North
                                                    Turn LEFT on Westheimer
                                          Turn LEFT on Timmons Lane @ WhataBurger

                                                        From Sugar Land
                                               Go North on US-59/Eastex Freeway
                                   Exit at Buffalo Speedway and turn LEFT under the Freeway
                                                    Turn LEFT on Westheimer
                                           Turn LEFT on Timmons Lane @ WhataBurger


                                                     From 290/Northwest
                                              Go East on 290/Northwest Freeway
                                                        Take 610 South
                                     Exit at Westheimer and turn LEFT under the Freeway
                                        Turn RIGHT on Timmons Lane @ WhataBurger

                                                         From Katy
                                               Go East on I-10 (Katy Freeway)
                                                       Take 610 South
                                     Exit at Westheimer and turn LEFT under the Freeway
                                        Turn RIGHT on Timmons Lane @ WhataBurger

                                                         From Kingwood
                                               Go South on US-59/Eastex Freeway
                                        Exit at Buffalo Speedway and turn RIGHT/North
                                                         To Westheimer
                                          urn LEFT on Timmons Lane @ Whataburger




Published by the Houston Chapter
of the Risk & Insurance
Management Society



                                                                                              Page 12 of 12

				
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