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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Summer is the time of the year when lightning can cause severe damage or even destroy your property. No surprises to folks in Florida, as they know we are widely regarded as the lightning capital of the U.S.  The raising heat over the Florida peninsula pulling in the cooler sea breeze later in the day often creates spectacular lightning shows followed by out of this world thunder claps. The results of these storms can be manifested in two ways, both bad. The first is life, health, and safety issues and the other is property damage resulting from lighting strikes that cause fires to buildings and destroy personal and business property. The insurance claims that follow can get quite complicated. 
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On February 28, 2013 a massive fire broke-out in this upscale waterfront home located in Tierra Verde, Florida burning off the roof and causing significant fire, water, and smoke damage to the rest of the building structure, custom furniture, and personal belongings.  As is typical with all fires, which become public record when the fire department gets called, the homeowner was “assaulted” (his words) by emergency service restoration contractors and public adjuster chasers who came from all over the State of Florida to give their sales pitch.  Unfortunately, this property owner fell victim and signed with a restoration company who provided an estimate with a “not to exceed” agreement. But when the contractor sent the invoice for services performed, it was triple the amount!  The insurance company was just as surprised and refused to pay an obviously exorbitant amount. The contractor’s response was to place a lien on the property until the situation could be resolved.
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Smoke from fire is like an anesthetic.  Rather than awakening you, it will put you into a deep sleep.  And a little known fact is that most fire deaths occur during the night, with most perishing due to smoke inhalation, not fire. A recent fire in Tampa where a mother and daughter perished due to smoke in an otherwise minimal fire is a perfect example.

 

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As we've reported to you on this blog, Citizens Insurance of Florida is allow by the legislature to play by different rules. For example, they are exempt from bad faith laws that other private insurance companies must follow. That sometimes means it allows them to act in ways that are not in the best interest of the property insurance policyholder. What is perplexing is that if private insurance companies acted in this manner, they would be subject to sanctions, fines and legal action.

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You can bet at any gathering of a group of Florida licensed public adjusters, the conversation will start off with the question of how many Florida public adjusters currently exist. No question about it, Florida saw an explosion in the ranks of the public adjusting profession since the big four storms of 2004, as compared to the historical record.  And this does not include the hundreds of non-resident licensed public adjusters who fly into this State to solicit and handle claims.  In the past few years however, the actual number of in-state licensed public adjusters has started a precipitous decline because of several factors.

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Here is an insurance claim question that we recently were asked to weigh in on as a contributing member of insurance claim experts for United Policyholders who advocates for property owners. 

Q. We received a question from a North Carolina consumer regarding a roof replacement due to windstorm damage. The carrier is claiming that only a "spot-repair" is required under the policy but the homeowner has requested a full replacement. This position is supported by the North Carolina Department of Insurance, yet I find scant case law to support it. Further, when I browse through the North Carolina Insurance Code, I find a reference to "like, kind, and quality" v. "functional" repairs but I'm not clear on what this means in practice. If you have had any recent experience with this type of scenario, I would be interested in your insight.

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The latest Journal of Public Adjusting, Volume 4 Issue 2, prompted this blog.  Appeal Efforts Results in Unfavorable Ruling for Dominick Belinchak highlights the long and I assume costly battle Mr. Belinchak, (a licensed public adjuster) has waged with the Florida Department of Financial Services over the issue of the “undefined term of direct supervision” of a public adjuster apprentice.

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