M. Wayne Smith Email & Phone Number

Nashville, Tn

Investigate, negotiate, settle, deny or disclaim complex litigated and non-litigated construction defect losses involving single family dwellings, multiple housing projects and commercial developments. Work through complex coverage issues, including but not limited to the applicability of policy coverage, exclusions and endorsements within the commercial liability policy. Determine coverage trigger for the jurisdiction in which the loss encompasses. Determine time on risk and number of policy terms and additional insurers potentially exposed. Recommend involvement of coverage counsel on an as-needed basis. When appropriate assign and work with defense counsel to establish best possible defense and strategy to bring claim to timely conclusion. Attend mediations and direct negotiations accordingly. Work closely with experts as needed to access causation of damages, cost and best course of remediation. Requires negotiating and compromising with multiple parties and co-carriers, which may include contributions from insureds. Often requires reviewing project contracts to assess claims for additional insureds and determining application of additional insured endorsements and exclusions.

Nashville, Tn

Investigate various losses, including but not limited to slip and falls; fast food related claims such as burns, foreign objects served within food and alleged food poisoning; landlord liability claims; and contractor liability claims. Issue reservations of rights and disclaimers when needed. Investigation often included taking recorded statements; locating witnesses; and reviewing applicable statutes which may govern landlord liability, municipality liability and contractor liability. Review lease agreements and work contracts as needed. Assuming liability is accepted, negotiate the property and/or injury claims to conclusion which often included negotiating with attorneys. Review medical and other specials to assist in determining the value of injury claims. Work with independent adjusters/property appraisers as needed. Work with special investigations unit and insurance departments as warranted.

Supervise claims unit by giving direction and training as needed. Answer consumer complaints and insurance department complaints. Develop criteria for and audit files for regional claims offices. Work with actuarial department to analyze claims trends and reserving practices. Work closely with information technology department, programmers and actuaries for development and implementation of enhanced AS400 claims system. Assist in training claims personnel on its use.

Assist with office/managerial functions associated with warranty for new car customers, inspect completed vehicles for proper repairs, assisted with time sheets to determine payroll, write estimates, oversee repairs and shop operations. Work with insurance carriers to agree on reapir cost of damaged vehicles.

Inspect and complete itiemized estimate of damages. Work with Body Shops to establish agreed repair amount. Conduct ACV values on total losses.

Associate In Insurance, Ethics For Claims Professionals

Home Inspections Certifacation Course Requirments, Performing Home Inspections

Cris Designation, Construction Risk Insurance Specialist

Associate In Claims, Aic Courses 33, 35 And 36

Ins Designation, Ins 21, 22, & 23