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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Here is a question we were happy to answer as part of the expert panel for United Policyholders.

Q. My condo flooded from the unit above me caused by a leaking pipe. I have flood insurance and no homeowner insurance. Damage from water and mold is extensive. Do I need an attorney? I have been trying to work with the condo association property management and the above unit's insurance adjusters. I am getting no answers as to who pays for damages to what areas. It has been two weeks. Loss has occurred in Florida and I live in Utah. I am keeping a journal and have begun cleanup and dry out procedures after pipe repair to stop water leak. Click to see read the answer.

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I read with a great deal of interest comments that were made by the big chiefs at a hearing held by the Office of Insurance Regulation in Tallahassee concerning the rate request Citizens Insurance Company was asking for in the South Florida market. In my view the back-and-forth discussion that took place on August 25 is newsworthy as are some of the back-story items not covered or published. Here is a link from the Insurance Journal that reported on the August 25^th hearing. 

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FEMA inspected flood damage on Thursday and Friday to determine if the Tampa Bay area will qualify for Federal Flood Damage Assistance. It appears the magic number is that damage must total $26 million statewide.  In the meantime, home and business owners can’t simply wait and hope for assistance and need to both document their losses and do the best they can to mitigate any further damage. If assistance does come, it’s never too early to educate yourself about FEMA’s Assistance program. Here are some valuable links to help you recover and understand FEMA’s process.

Flood Recovery

FEMA Individual Assistance

Check FEMA Disaster Assistance Qualification

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Those who experienced any type of water intrusion from the recent Tampa Bay rain and flooding may experience mold infiltration. When claims are delayed and repairs put on hold it can become a real problem as mold can grow unseen for months and create a serious health hazard. In the past, mold damage claims were covered under most property insurance when it resulted from a covered peril, such as a sudden plumbing leak, fire control, storm or other cause covered by your property insurance policy. However, some insurance carriers have been removing or scaling back the coverage from their policy forms regardless if it results from a covered peril. In some instances, the insurance companies offer a limited coverage for mold and fungus for an additional premium. 
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Many people might be surprised that having an adjuster look at your claim is only the beginning of the insurance claim process. Remember, the field adjuster that inspects your property may not be an employee of the insurance company. They are typically independent adjusters on contract and typically are paid a set fee or percentage for each claim they handle. This is especially true during disaster situations when there are so many claims to adjust. You should ask them what firm they are with when they come to inspect your property and note how thorough they are recording your damage and if they are “listening” to you. 
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As Tampa area businesses and homeowners deal with the serious flood and water damage, they will need the help of a water restoration firm to clean-up and dry out their property. Once local authorities give the all clear and it’s safe to return, mitigation efforts should be started immediately to avoid further damage or mold issues. If insured for the loss, you will find that most insurance policies require that you take reasonable and necessary measures to protect and preserve your property from further damage. This can be a difficult and challenging undertaking that requires decisions often involving a great deal of money at a time when your insurance adjuster may not have seen your loss or given the OK to start the dry-out or restoration process. Our recommendation is to hire the restoration company to do the drying and clean-up work only. You can then get quotes for reconstruction once things are sorted out with your insurance company. If possible, have the restoration company give you the scope of work and pricing in writing and then give it to the insurance adjuster or send it the insurance company for their approval. If possible, schedule a meeting at the site with all parties present. If this is not practical, make sure you take pictures of the damage and document all expenses for your insurance company. If you don’t document your damages, the insurance adjuster may not include it in the damage assessment. 
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For those who do have flood insurance, we encourage you to review and pay close attention to your flood policy’s terms and conditions. The policies issued by the National Flood Insurance Program (NFIP) are unique because they fall under a Federal Government program with its own rules and regulations. As an example, the NFIP policy requires you to file a proof-of-loss within 60 days of the flood event. In layman terms, you must have figured out your loss and arrived at a sum certain amount to put on a document called a “proof of loss” and have it submitted to the appropriate person handling your claim. Unless this time period (60 Days) is waived by an authorized official of FEMA/NFIP (as was the case with Superstorm Sandy) the claim may be denied in total for failure to comply with the policy terms and conditions. 

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If your home was severely damaged from the recent Tampa Bay flooding to the extent that it is uninhabitable to live in, your insurance policy may provide a coverage called “Additional Living Expense” or “A.L.E.” Under the Additional Living Expense coverage, you and your family may be entitled to rent another home of the same size, like kind and quality as well as be reimbursed for any extra expenses you may incur such as food and temporary lodging.
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The no name storm in Tampa has caused widespread water and flood damage in the St. Petersburg and Tampa area. Now that cleanup has begun, many residential and commercial policyholders will submit either a flood (if you have flood insurance) or water damage insurance claim. Make sure you understand the difference between the two before you file. The public adjusters at Tutwiler & Associates urge policyholders to take the proper steps to protect their claim and avoid settlement problems with the following 10 tips.
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