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? 

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Based on all the news from various media sources and real time reporting, this Texas weather event that caused power outages frozen pipe bursts and water damage is going to be a monster. Clients we have spoken with along with claim adjusters assigned to our losses are describing unprecedented conditions with damages to homes and buildings. How policyholders report and handle these claims will make a difference in the final outcome.

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As millions of residents throughout Texas seek safe shelter, food, and drinking water, many will turn their attention to filing frozen pipe leak claims for their homes and businesses. These pipe burst ruptures are expected to become substantially worse as warmer weather causes everything to thaw out.  For those with damage, hurry up because time is of the essence to report your claim!   

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A historic deep freeze is gripping the US with sub-zero temperatures and even more serious wind chill factors. With it will come unprecedented frozen pipe bursts, iced dams and roof collapses that will cause extensive property damage and loss to personal and commercial property as well as business inventory.  As for homeowners, if you discover a leak, turn off your water, call in a reputable plumber, inform your insurance company of the damage and get their agreement to fix and pay for the damage before hiring a reputable clean-up company.

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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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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.
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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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