Lessons from the Froeschle Murder

We do know that Katie had trouble finding the property, calling her office for directional assistance around 2 p.m. Perhaps she asked to use the bathroom after an unexpected long drive; maybe Funk invited her in for a drink of water; or perhaps Katie found significant roof damage and wanted to check interior ceilings for water stains. There are any number of possible scenarios that might explain why the adjuster entered a property that seemed to require only an exterior roof inspection.

What we also know is that Funk, who moved into the house just days before the inspection, had 19 marijuana plants growing inside. We know that, according to police records, Funk has a criminal record for prior incidents of domestic violence and drug use. Finally, we know that, according to police spokeswoman Laura McElroy, "Funk told detectives he knew nothing about a Farm Bureau insurance adjuster coming to the home." The inspection date and time had been arranged between the adjuster and the property owner.

Stunned Reactions

The adjuster community was stunned and saddened by Katie Froeschle's senseless murder. It also was a wake-up call, reminding us of job-related dangers that we seldom take into account when arriving at a property to conduct an inspection. When performing inspections for roof damage, most adjusters will cite a fall from the roof as their greatest concern, not physical attack by the home's occupants.

We need to be especially mindful when scheduling inspections on occupied rental properties. The adjuster's initial point of contact is always the policyholder, not the tenant. However, as we can learn from the Froeschle murder, it is equally important to insist upon direct contact with the tenant regarding the inspection. Investment property owners and/or property managers sometimes hesitate to give out tenant names and contact phone numbers. Sometimes, amazingly, this is because they do not have this information. "Someone's always home. Just show up."

Landlords, even when taking a rental application, usually don't really know the tenants occupying their properties. The application might say "no pets," but the adjuster encounters a pit bull on the property. Many landlords, especially in a tight, high-vacancy rental market, do not pull credit reports (much less run criminal background checks). Jason Funk's landlord was most likely unaware of the extensive prior rap sheet, not to mention the fact that the new tenant had converted the property into a "grow house." A photo of Jason Funk on Bay News9.com's Nov. 14, 2004, web page reveals a clean-cut, handsome young man, whose appearance would be impressive to most landlords. Funk was caught off guard by Katie's arrival. As a result, her physical well-being was immediately in jeopardy.

Learn from the Past

When scheduling an inspection of a rental property, explain to the landlord or property manager exactly why you need to speak directly with the tenant. When tenant contact is established, be specific about the inspection date, time, and possible procedures. If there is any possibility that you might need to gain access to the interior, make sure that the tenant is aware. Always ask if there are any pets on the property — not just dogs; either. I have encountered snakes, iguanas, and even a Gila monster. Even if the tenants tell you they have no pets, advise them that, should there possibly be any animals present, they need to be contained during the inspection.

If there is a locked storage shed or room within the rental dwelling, do not insist that a tenant open and allow immediate access to the secured room. If room access is imperative to your damage evaluation (e.g. located directly underneath the area of primary roof damage or abutting a room that sustained interior water damage), ask the tenant if it would be possible to look inside the room at a later date and explain why access is being required. If the tenant hesitates or refuses, do not persist. Simply advise the landlord that there is an unconfirmed possibility of damage in that area, which may need to be addressed in the future, and that you are noting it in the file in order to protect their interests.

Engage with the tenant as little as possible during and after the inspection. Do not discuss what repairs you are authorizing and/or how much you are allowing the property owner for the repairs. Do not allow yourself to be drawn into any conversations regarding the landlord's upkeep of the property or the tenant's alleged rights. Above all, if there is any indication of a possible altercation between you and the tenant, leave the property immediately.