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HANN v. CRAWFORD & COMPANY

August 9, 2005.

WELLS HANN, ELDA COCO, Personal Representative of the Estate of James Coco, deceased, EDWARD HANN, BILLY MYERS FLOYD KING and DOUG RADIGAN, Plaintiffs,
v.
CRAWFORD & COMPANY, a corporation, Defendant.



The opinion of the court was delivered by: DONETTA AMBROSE, District Judge

FINDINGS OF FACT CONCLUSIONS OF LAW and ORDER OF COURT

INTRODUCTION

Plaintiffs, Wells Hann, Elda Coco, personal representative of the estate of James Coco, deceased, Edward Hann, Billy Myers, and Floyd King initially brought this cause of action against Defendant, Crawford & Company ("Crawford"), on September 21, 2000.*fn1 They filed their Third Amended Complaint along with Plaintiff, Doug Radigan, against Crawford on June 17, 2002. (Docket No. 59). Therein, Plaintiffs assert that Crawford violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(a)(1), for failure to pay overtime wages for work in excess of forty hours per week as insurance monitors, insurance adjusters, and other work on four catastrophe projects (the Exxon Valdez Oil Spill, the Ashland Oil Spill, the Uni-Mart Convenient Store Underground Petroleum Leak, and the Buckeye Oil Spill) between 1989 and 1992. A non-jury trial in this matter was held on May 16 and 17, 2005 and May 19-20, 2005. Based on the same, I make the following findings of fact and conclusions of law.

  FINDINGS OF FACT

  I. IDENTIFICATION OF THE PARTIES AND THEIR JOB DUTIES

  A. CRAWFORD

  1. Crawford is a provider of claims adjusting and cost control services for insurance companies and self-insured businesses.

  2. Crawford provides its services for both man-made and natural catastrophes.

  3. Each of the six Plaintiffs worked for Crawford and claims Crawford violated the FLSA for failure to pay overtime wages for work in excess of forty hours per week as insurance monitors, insurance adjusters, and other work on four catastrophe projects (the Exxon Valdez Oil Spill, the Ashland Oil Spill, the Uni-Mart Convenient Store Underground Petroleum Leak, and the Buckeye Oil Spill) between 1989 and 1992.

  B. WELLS HANN

  4. Wells Hann was employed by Crawford from September 1989 through March 1991, as a supervisor for the response to cost claims by thirteen different governmental agencies on the Ashland Oil Spill project.

  C. JAMES COCO

  5. James Coco was employed by Crawford from April 1988 through August 1989, as an auditor/invoice reviewer and as a monitor on the Exxon Valdez Oil Spill project ("Exxon Valdez project").

  6. While on the Exxon Valdez project, Mr. Coco began working out of the Exxon Valdez Command Center ("the Command Center") in Valdez, Alaska.

  7. When Mr. Coco became a monitor on the Exxon Valdez project he moved offices, but the location is unknown.

  D. EDWARD HANN

  8. Edward Hann came to Crawford with 37 years of experience in handling business interruption claims. Edward Hann was also a part owner or sole owner of three companies where he complied with state and federal wage laws.

  9. Edward Hann was employed by Crawford as a claims adjuster from August 1989 through September 1990, on the Exxon Valdez project.

  10. While on the Exxon Valdez project, Edward Hann worked solely out of the Exxon Claims Office at the Calais Building in Anchorage, Alaska.

  E. BILLY MYERS

  11. Billy Myers was employed by Crawford as an auditor/invoice reviewer and a claims adjuster from April 1989 through March 1990, on the Exxon Valdez project out of the Command Center (April 1989-August/September 1989) and the Calais building (August 1989 — March 1990). 12. Mr. Myers also worked as a claims adjuster from April 1990 through January 1992 on the ...


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