There were a number of articles over the course of the last few weeks that focused my attention back to the water peril.  Spring storms in the middle section of the country with the severe floods that always seem to follow; global warming issues being reported almost daily with the threat of rising sea levels; and then this recent article, Flood recovery meeting set in White Sulphur Springs  from The Herald-Dispatch in West Virginia, that announced meetings with various officials to try and provide updates to the folks in southern West Virginia who were affected by last year’s floods in the mountain state. 

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“Well, I’ll be damned!”

These were the first words that came out of my mouth when I read an article reporting on a speech that Chief Financial Officer Jeff Atwater gave at a recent insurance conference attended by Florida property insurance executives. Then another “I’ll be damned” came out when I read an internet posting of efforts being made by the Florida’s new Insurance Commissioner to crack down on Assignment of Benefits a.k.a. AOB abuse and new legislation being prepared for this year’s legislative session which convenes in March.
 
But first some background on what prompted my shock and awe.  

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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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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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An article in the 2015 autumn edition of the Marshall University Magazine (my alma mater) resonated with me in the context of insurance losses. In theory there should not be any winners or losers when it comes to paying for an insured policyholder’s claim. The insurance company is supposed to indemnify their insured or make them whole, as in putting them back in the place they were before the loss.
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Some of the news reports and photographs from South Carolina support the claims that this flooding event was indeed unprecedented and historic. The only thing close to this magnitude was the flooding in New Orleans from Hurricane Katrina in 2005. The flooding from Katrina was in large part a result of the levies being beached. The flood event in South Carolina is a result of record amounts of rain. 
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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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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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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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