Anticipating the 100 year flood event that occurred in my native southern West Virginia was the last thing on my mind when I wrote and published my recent blog Troubled Waters – Insurance Claims Under Attack, about the “Troubled Water Claims” phenomena we are currently experiencing in Florida. But given the fact that Florida’s water problems and West Virginia’s terrible flooding disaster have one common denominator - water, I thought it would be helpful and hopefully educational to distinguish a flood event versus a water loss since these terms are often misused in the property insurance world. In addition, for those who do have flood insurance, we want to share some knowledge and information in the form of tips from my firm’s extensive experience in water/flood losses including our most recent work handling Super Storm Sandy flood claims in New York.

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Non-weather related water loss insurance claims in Florida are on the rise. So says Chief Financial Officer Jeff Atwater who heads up the Florida Department of Financial Services. The problem is so great that his Florida Consumer Advocate, Ms. Sha’ Ron James called for a summit and invited all stakeholders to attend. 

Mr. Atwater is not the only one sounding the alarm on water damage claim issues and its companion Assignment of Benefits (AOB). Based on my following the news on this hot topic it seems most insurance carriers in Dade, Broward and Palm Beach county areas are all in agreement that the situation is getting out of control and in fact may be critical, requiring rate increases and further reductions in insurance property policy coverages for water losses.

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First I want to share some atmospheric observations and conditions that are clearly changing in the Caribbean and may play into the El Niño, La Niña narrative. On my trip last week to the Leeward Island of St Maarten I had the opportunity to visit with old clients, friends and observe changes that have occurred since my last trip in 2015. 
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The following is a short primer and history lesson for the insured property consumer on these two fool’s errands. For those of us in the property insurance adjusting business, we see the storm clouds gathering given all the recent rhetoric about allowing a policyholder’s insurance company to repair their property following a covered loss.  Given our knowledge and experience, we know the likely outcome of this latest scheme to pump up underwriting profits, but my guess is not many laymen do.  Make no mistake about it, your policy premiums will not drop if these managed repair programs being touted as a savior for you and the insurance industry is approved by the Tallahassee regulators. The irony is that managed repair and its stepchild “option to repair” will most likely be bad for both the insured and the insurer. So given what may be the inevitable, let’s examine both of these repair schemes. 

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Insurance companies have started exercising their options to repair under many of their contracts. What this means is that they are bringing in contractors of their choice to fix the damages resulting from a property loss they cover. Let’s be honest.  They have a right to do this, but it often isn’t in the best interest of their customers when they choose to do so. Why?
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A great deal of information is being published regarding some insurance companies’ plans to implement so called “Managed Repair” programs. The rationale is that they will reduce costs (and I assume increase profits) by partnering with restoration contractors and some independent adjusting companies who supposedly will oversee the work and provide some sort of due diligence. This will lead to the latest scheme being proposed to a reduction in the cost of insurance premiums. So the most important questions we should be asking are: What’s the real cost to the policyholder and will rate increases continue despite these managed repair programs?

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For as long as I can remember, property policies had language that allowed insurance carriers to exercise their “right to repair” the policyholder’s property. There was always a catch for some of the insurers since there was generally a requirement that they had to give the policyholder 30 days notice after they received a proof of loss. Some policies may have had slightly different language, but for the most part if they missed a deadline date, they were out of luck.

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Periodically, we like to highlight a property claim we’ve handled based on something new we’ve learned, alert readers of important insurance claim issues or just to show the value public adjusters can bring to the claims process. This was a particularly satisfying claim. Not only for the settlement amount we were able to achieve but because it helped improve the client’s perception of the value of public adjusters as you will see by the note at the end of this article.
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Confidentiality settlement requirements are often demanded in the property insurance adjustment process. What happens when you run afoul months or years later as a result of a conflict with some disclosure requirements that overlap the prior agreement? Anybody have any thoughts or answers to this possible fatal conundrum? 

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With the advance of technology and a little advance notice, you can watch your Florida Legislature at work, commercial free via live streaming on your computer or mobile device. Folks, unless you want to testify at a committee meeting you can forget the long drive or airplane flight to Florida’s hither land aka Tallahassee, Florida. All you need is the committee meeting schedule and click the link to watch your favored or disfavored proposed legislation being debated or voted on. Of course this also comes with the ability to hear your elected officials ask questions and comment on the topic being addressed. Believe me, this is at times interesting stuff.

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