Ran into an old friend and his wife at a restaurant we both frequent the other night. Bob is a property manager and my firm has not only represented his family but also some of the properties he has managed over the years.  I had not seen him for a few weeks and he reminded me of his call to me some weeks back about a water leak in his home. It seems the shower pan had given out and when the leak finally showed up, the damage was pretty extensive. He called his insurance agent who told him the water damage would not be covered due to the language the insurance lobbyists had recently pushed through about water damage that is over 14 days old.

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A recent phone call with one of my Naples clients prompted me to think about the coming storm for property owners in the Sunshine State.  Like a natural hurricane, it looks like nothing man made will stop what is already in motion.

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Almost daily we are reading in the print media about the push to depopulate Citizens Insurance Company, the State chartered (and for all practical purposes state run) insurance company. This insurance scheme was started to cover Florida homeowners when the big boys of the property insurance world cut and ran following some hurricane hits in the Sunshine State. Who would have thought that would happen given all the advertisements that were run in the 1970’s and 1980’s encouraging us to insure with whoever had the most money to spend on an advertising campaign.

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On September 11th last year, Rick and I flew to New York City for a planned meeting with Anderson Kill Loss Advisors, a group of the nation’s top public adjusters at the Manhattan law offices of Anderson Kill. The purpose of the meeting was to meet and discuss current events and future plans for this team of professional adjusters, whom we are proud to be a member.  Little did any of us know what would be coming a month and a half later. 
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The media is finally waking up to the major increase policyholders will see in their flood insurance policies. Our public adjusters are already seeing an impact on the insurance claims market. Here’s my take based on our assistance to Superstorm Sandy victims and our dealings with the NFIP over the years.

2.4 million Floridians live less than four feet above the high tide line along our coastal shores. Given the astonishing number of properties and people this represents, the cost prohibitive increases in the National Flood Insurance Program (NFIP) and the severe ramifications that will follow, deserve more attention and debate.

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Q. A pipe in my attic broke which caused flooding in a down stairs hall, bedroom and bathroom. When an assessment was done, mold was found. My policy has a cap of $5,000 on mold remediation. The contractor estimates for demolition and repair that are necessary to correct water damage have been categorized as mold remediation by my insurance company.

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Q. An insurance adjuster came and inspected our house for roof damage following a hail storm. He indicated that only part of the roof needed repair. In the process of getting off the roof, he slipped and caused some damage to the roof and to the gutters which he added to the coverage. I have heard but can't find documentation that in Alabama, if the adjuster creates damage the insurance company is liable for the full roof and not just the damaged portion. I would like to confirm this as fact or fiction?

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Q. My vacant property was vandalized (electrical, plumbing, bath & kitchen fixtures were destroyed). The insurance company denied my claim for vandalism as they considered theft was involved. Vandalism is a covered peril, theft is not. The definition of vandalism is not absolute (there are five to seven forms of vandalism, depending on the authority) and, there is no definition of theft given in the policy (nor will any representative provide one). One form of vandalism is that of acquisitive vandalism. Clearly when the value of the property damages exceeds 100 times the value of the petty theft, there would be a case for this form of vandalism. In this case the property damage estimate was $25,000 and the estimated value of the scrap wire and used fixtures was $200. Can a claim be successful based on the assertion that, barring a specific exclusion for acquisitive vandalism, the incident was in fact vandalism?

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Q. I’m looking for help/guidance. A flood event heaved thin crawlspace slurry pour, rotated a concrete support pier and then pushed the entire slurry floor down toward center of crawl and pier. A forensic engineer determined damage was pre-existing and not caused by the flood event. His report contained anecdotal evidence, supposition and was riddled with factual errors, including measurements. It also seemed to push irrelevant observations as supporting evidence as well. What can you tell me about this type of loss and my options?
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Q. I own an apartment complex that got hit by lightning. It seems electronics in multiple units is randomly going out.  Does this make sense?  If I file a claim, it looks like it should have just hit one or 2 buildings instead of 8 or 9. Will I have trouble getting a proper settlement? Unfortunately, I just don't trust the insurance company. I had a fire once and they treated me like a crook. 

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