On Property Insurance Claim Tips Blog

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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Listening to the weather wonks, it sure looks like Winter Storm Juno may be one for the record books. It may also be a notable one for the insurance industry with all the expected claims from water losses due to frozen pipe breaks, collapsed roofs due to heavy snow loads, and most unfortunately fires from faulty heating appliances and improper use of space heaters. Policyholders in New England, New York and New Jersey need to take notice.Read More

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.

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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.

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Here is an insurance claim question that we answered as a contributing member of experts for United Policyholders who advocates for property owners.

Q. I had an upstairs pipe burst 1 month ago that caused damage to the upstairs bathroom (tile & drywall), carpet in upstairs (hallway & one bedroom), all of downstairs kitchen (walls, cabinets, ceiling, under-house insulation, HVAC ductwork). After quickly stopping the leak and vacuuming out the water, I set up my claim and started calling water damage restoration companies.  Of the dozen I called, only one could come out sooner than 5 days.  They began drying and demolishing within 2 days.  After my persistent calling, an adjuster finally got in touch with me 8 days later to setup an appointment.  This appointment was 24 days after initial damage!  Now I will talk about my dispute.  Two adjusters showed up.  The upstairs tile had expanded and contracted enough to bust loose.  The tile creaks badly and the adjusters bent down with me and clearly observed it moving.  However, they still were insistent on not replacing it.  I have continuous carpet (mended seamlessly at the thresholds) all over the upstairs including stairs.  They wanted to cut above the stairs and at thresholds, citing they only had to replace what was damaged.  Downstairs, they wouldn't even consider the tile, although I know that it was wet under those tiles for at least a week with plenty of time for mold spores to form.  Every piece of plywood under those tiles was wet and didn't get insulation removed for 4 days and never had a fan or dehumidifier put in the crawl space.

Where do I go from here? I thought I should first write the adjusters a letter in my defense.  I was an engineer for The Tile Council of North America which publishes industry-consensus guidelines for ceramic tile installation. I have plenty of expertise and sources to back my concerns. Or should I just get a public adjuster? Thank you!

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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.

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With another polar blast and big snowstorm adding to the misery in the already frozen Northeastern U.S., I was wondering how the property insurance industry is holding up given the onslaught of property claims being filed. Well, that question was answered when we received an auto-reply from an adjuster in New York who works for one of the big insurance companies who we are working with on a claim following Super Storm Sandy. His reply, “please be advised that we are currently experiencing higher than normal volume due to recent weather related events and there may be a delay in returning your email.” Returning timely emails is one thing, but adjusting a loss is a whole other animal given the working conditions in the frozen north; especially when it comes to frozen pipes.Read More