It’s been about 1 month since Winter Storm Uri unleashed a frozen fury leaving millions of Texans in the dark to survive deadly frigid temperatures and up to $130 Billion in estimated damages. The record cold triggered mass power outages crippling The Lone Star State’s largest cities from Houston, San Antonio, Dallas, Fort Worth, Arlington, Austin, El Paso and down to Corpus Christi. Despite the frenzy of news media covering the Texas grid crisis, power company executive resignations, bankruptcy filings and lawsuits, little coverage has been given to property owners still suffering from water damage caused by the plumbing freezes, water pipe bursts, or the administrative delays processing property damage insurance claims. Many consumers are just now turning to their insurance agents to file new claims or express frustration about the slow claims process. The single biggest question many are asking is, will insurance cover their claims? 

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.

On February 21, 2018 the policyholder experienced a category 3 water loss in her Carnegie, Pittsburgh home from a broken stack pipe that runs from the second floor bathroom through the kitchen, which in return sent sewage throughout these areas of the home. Immediately upon noticing the damage the homeowner called a restoration company to mitigate the damage and called her insurance company to report the damage. Not knowing what other options she might have, she followed her insurance company’s instructions and sent their claim adjuster a few days later to inspect the loss.

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).

Water damage to lower units is a common insurance claim we frequently see in condominium communities. Believe it or not, this can become a complicated claim depending on where the leak originated, the specific damage that was caused by the leak and if the cause of the damage is the result of someone’s negligence or just faulty plumbing. We came across a good overview of this situation in a Herald Tribune article and encourage you to read it. Regardless, make sure you quickly contact all parties if this type of insurance loss occurs and consider putting a public adjuster on your team to avoid claim denials and proper compensation.

Home and business owners aren’t the only ones feeling the impact from frozen pipe breaks. A recent NY Times article; A Severe Winter Breaks Budgets as Well as Pipes discusses the toll the deep freeze is taking on municipal infrastructure which may be dealing with pipes over 100 years old. We also know schools and other public facilities are experiencing frozen pipe damage.  When there is wide spread damage from weather events, we’ve seen these local governments bring in public adjusters to manage their claims since they are typically short on resources.

While looking for some information in my office library yesterday, I pulled a book from a shelf titled The Policyholder Advisor authored by Eugene R. Anderson, William G. Passannante, and Robert M. Horkovich. These three gentlemen, all attorneys, and at the time of publishing in 2002, shareholders at Anderson Kill & Olick P.C. now Anderson Kill P.C. one of the nation’s leading law firms for policyholders. The book jacket noted that the book is a collection of articles published in the firm’s newsletter, “The Policyholder Advisor.”

It was a little uncanny when I opened the book, and it opened to page 181 and the chapter title was “Insurance Coverage Available for Property Losses from The Blizzard of 96.” While no two storms are ever the same, there sure are a lot of similarities between the 1996 blizzard and the current polar vortex malaise of 2014; especially when it comes to insurance coverage issues and disputes with insurance carriers.

Yesterday, I was on a flight to sunny South Florida to meet with a client, and ran into a large loss adjuster who works for one of the major insurance carriers heading the same way. When you meet a fellow adjuster or colleagues who are in the business, usually the first question is to ask if you are busy. This seasoned adjuster side tells me the claims are rolling in from the areas that were affected in the big freeze caused by the “polar vortex” last week. It seems his company is so overwhelmed, that they have staffed call centers with independent adjusters just to handle the call volume.