Q. We moved into our new house and within a few weeks, the sewer backed up into the shower and leaked out of the shower pan all over the downstairs area (very stinky!). Everyone agrees this is considered a "Category 3" leak. Remediation company came and took out the tile, flooring, a lot of drywall and dried everything out. Insurance company has no problem paying them for everything they did (they seem to work together a lot). Insurance adjuster is saying that the tile and shower pan are part of the plumbing and are not covered, but is saying that they will pay for the cement board behind the tile in the shower. They are also only planning to pay an amount roughly equal to the cost of the remediation for reconstruction (which is roughly equal to the estimate from the remediation company....because they provide reconstruction services as well). It seems ludicrous that reconstruction would cost the same as remediation. To rip stuff out and dry it out is a lower level of skill and doesn't require any materials.....but the adjuster is saying we are lucky that he is covering what he is covering. The remediation company isn't even available to do the job. We have 3 bids from other quality contractors that actually have availability and they are double the price.

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After receiving a low initial offer from their insurance company for a water damage claim resulting from a leaking shower pan on the 2^nd floor, these Lithia, Fl homeowners decided to see if a public insurance adjuster could help them with their insurance claim. They contacted Tampa Public Adjuster, Scott Luginski and indicated they were unfamiliar with the claim process and simply did not have the time or knowledge to deal with the frustration of an insurance claim and negotiating a better settlement.  Once retained, Scott was able to inspect the property and noticed a considerable amount of unaccounted damage. 

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Several years ago, we started seeing property insurance policies with new very restrictive language that attempted to exclude water losses based on the subjective opinion of some as to when the water loss occurred and caused damages. It was my opinion that this 14 day limitation would be very bad for folks in Florida, as well as snowbirds who own property and only reside here six or so months a year.

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Ken and Joan spent their working lives in public service, Ken as an educator, and Joan as a nurse. It was their dream to have a vacation home in a warm climate so they purchased a condominium in Bonita Springs, Florida. A contractor error caused a pipe break in a unit above theirs and entirely flooded their home with hundreds of gallons of water. They were notified and drove down to Florida to inspect the damage and meet with their insurance company. That’s when the insurance claim problems began.

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In case you missed it, The Wall Street Journal published March 15, 2017 had an article in the editorial section titled “Florida’s Trial Bar Hurricane.” I think most folks who are regular readers of WSJ would agree that the publication is no friend of plaintiff lawyers, so at least we know they are prejudiced to some extent and thus know where they are coming from. But in this case, I see no prejudice but instead good reporting. They make some excellent points, which seemingly are backed up by facts and figures even if they are from the carrier’s side. In my opinion this editorial piece is a good analysis of Florida’s current AOB problem, which is currently being debated in the 2017 Florida Legislative session.

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Water losses are by far the most frequent claims reported to the insurance industry. I suspect water losses are also the most frequent perils that impact property owners. Since many are not reported however, we really have no accurate data to determine the full scope of damages that water causes notwithstanding the CLUE reports (Comprehensive Loss Underwriting Exchange) that are filed for reported claims. Yes, both you and your claim data are being stored and indexed by big brother insurance. Who would have thought with all the privacy concerns that your prior property loss information is stored and shared! With flooding everywhere in the southeast and especially Florida and the Tampa Bay, St. Petersburg area due to a stagnant weather low system, it seems timely to cover a few of the issues policyholders are facing with water losses and their insurance claims.
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A recent article, Boston Area Expects a Flood of Claims After Record Winter points to the growing recognition that some property owners are in for a fight when it comes to obtaining a fair settlement for their winter storm damage insurance claim. As one homeowner from Plymouth, Mass. put it, “It’s a part time job just trying to navigate it all.” As you will read in the article, too many people “hope” they will get a fair offer from their insurance company. Our general advice is that while working with your insurance company, remember that this is your claim. So don’t rely on the insurance company alone to tell you how much they will pay. Make sure you get independent estimates from contractors to confirm what it will take to fix the damage.

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Let me explain with an example of a claim that came across my desk that should be instructive laying out the steps policyholders should take when the dreaded denial letter comes in the mail from your insurance company. First, don’t panic. You may be able to turn things around provided you have requested all the information you need to convince your insurance company of the errors of their ways. So let’s get started. It will require a little work on your part, but you can do it.

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I want to thank Florida Public Adjuster Michael Platts for penning this excellent commentary. 

By Michael W. Platts
We are rapidly approaching the end of the hurricane season. It has been an unprecedented nine years since a hurricane has struck the State of Florida. Nonetheless, many citizens are not seeing much if any reduction in their property insurance premiums and worse yet, the overall environment seems to be one in which the consumer continues to receive less and less coverage whether it is a result of unfavorable court rulings, legislative machinations which strengthen the hand of the insurance companies or more restrictive language within the insurance companies’ contracts (their policies).

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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. My shower pan or the drain was leaking slowly. I had a piece of carpet over the carpet at the door of the shower and did not realize it. There is mold through to the sub floor under the pan and the carpeted area which we can see on the ceiling under the shower in the basement. I have Total Protect homeowners. They said it was not the plumbing so will not pay. My regular home insurance is with Allstate. Their representative told me they never pay for a pan leak even if it is the drain or pan itself. I pay for all of this insurance and then they refuse to accept responsibility. What do I do?


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