JMBM's disaster experts have more than 25 years of experience in helping clients with disaster issues - from preparation with a Disaster Planning Audit to collecting from reluctant insurers. And last year the Firm augmented that team through an alliance with nationally recognized hotel consultant, David Berins. Preparedness is critical but only half the battle. According to Butler, "Many insurance companies have different agendas from their insureds. They make more money by using every possible allowable basis to pay less and pay later."

Given the different interests of the insured and the insurance carrier, it should not be surprising when the insurance carrier captures information that minimizes or defeats a claim, but fails to capture equally readily available evidence that could establish the claim.

According to Bob Mangels, head of JMBM's litigation department, "We like to be at 'ground zero' within 24 hours, leading your Disaster Team to find and preserve critical evidence and offer the protection of the attorney client privilege for vital and sensitive information gathered by your expert Disaster Team." When the insurance carrier beats the hotel's team to the disaster site, they ask witnesses questions in a way that elicits responses and recollections that are unfavorable but could be clarified with further questions if someone protecting the hotel's interests was there.

Unfortunately, Mangels says, "This critical evidence may be unavailable in a short time as witnesses' memories fade, witnesses disappear, evidence decays or is lost and an image set by the carrier's inquiries takes hold at the 'official view' of things."

For more information on Disaster Planning Audits or handling your insurance claims, please contact Bob Mangels at (310) 201-3533 or [email protected].