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.

Q. I serve on a COA Board and we recently had a fire. Our property manager is telling us the contractor will handle everything, while some of us want to talk to a public adjuster. What is your perspective?

I was happy to offer some quick insurance claim tips to Hurricane Michael property owners along with Scott Bedell from Master Restoration. We're already taking calls and our Panama City Public Adjusters will be establishing an office next week. Our prayers go out to all the affected residents. This is going to be a long haul and we'll see the same insurance claim issues as we've seen with other storms and I'm sure we'll see a few new twists. The insurance claim settlement challenges will be omnipresent and we'll be sharing our perspective on the developments has they happen along with some claim tips. Send us any of your questions about Hurricane Michael insurance claims so we can share them with our readers. Stay tuned!

The following is an insurance claim question we answered for a policyholder through the United Policyholders Ask an Expert Forum.

Q. Is it customary for restoration contractors to charge for 3 triple (cleaning, vacuuming, and/or anti-microbial) treatments in their remediation estimates ?

One of the things I like about blogging, is that the tips and advice you provide policyholders about issues they are having with their insurance claims stays up indefinitely and can assist people having the same claim problems. I recently responded to reader question from a 2013 guest blog post on the Merlin Law Group Property Insurance Coverage Law Blog that I had the privilege of contributing to. The article titled: Insurance Companies Using Preferred Contractors to Settle Claims Not in Policyholders Best Interest discussed how insurance companies send out their preferred vendors who then try to control costs to the consternation of the policyholder.

Most homeowners and business people do not understand the complexities of estimating repair costs. Even with a policy in-hand, there is much to be interpreted and many unique factors that can impact each claim. As the recovery process for Hurricane Irma continues, we’ve received anecdotal evidence from independent adjusters who are telling us they are submitting their estimates and reports only to have the carriers send them back or make in-house changes without their knowledge. Basically they find out the estimate they wrote was chopped up to save the carrier money. This is not happening everywhere, but enough to cause me concern.  

Our hearts go out to all the folks in Texas and Louisiana affected by Hurricane Harvey and the brave first responders risking their safety to assist others. Based on damage reports and our own public adjuster staff who are monitoring the situation, there is no doubt this event will rival Katrina and create insurance claim disputes unlike we’ve seen before. And if property damage wasn’t enough, the loss of power added misery to the mix.  To deal with these perils it behooves property owners to keep their eye on the ball or in this case the money. High percentage hurricane deductibles are being applied and many folks may be surprised that despite their wind or hurricane coverage, they may be out of pocket for the mitigation and replacement costs due to lack of flood coverage or exclusions for water - sewer back-up. 

Q. We had a fire in our split-level duplex. The downstairs unit was a complete loss and the upstairs had smoke damage. Upon further inspection, the entire structure had to be brought up to code which totaled out the loss. The insurance company brought in a remediation company which still has a $4,000 bill outstanding for cleaning up the structure. Two builders say the structure should've been totaled immediately without any attempt for structural remediation. What are our options to challenge the remediation company's bill and claims?

“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.  

The following is an insurance claim question we answered for a policyholder through the United Policyholders Ask an Expert Forum.

Q. I live in coastal SC. January 8, 2017 is the three-month anniversary of Hurricane Matthew which caused extensive wind and flood damage. On October 10, 2016, the community association hired restoration company was on site demolishing and removing drywall, appliances, insulation, furniture from 32 townhomes and condos. Approximately ten 8x12 foot piles of damaged property were hauled to a landfill. WMC, LLC changed managers three times in these three months. We have received 4 or 5 letters requesting patience. We have not received a construction start date, information on what buildings will be repaired, order of repair, the construction companies, cost, or timeframe. I was advised to find an aggressive SC flood insurance and homeowners association attorney. We are running out of "loss of use" paying for a rental home. Please advise.