On Property Insurance Claim Tips Blog

A lot of properties that experienced Hurricane Michael losses are starting to have Law & Ordinance issues. Law & Ordinance kicks in when the Florida and local building code requirements impact what will be required in order to obtain a CO (Certificate of Occupancy) in order to reoccupy the damaged structure. It is a separate coverage in your policy that you must elect and covers some of the cost of required code upgrades. If your property (be it commercial or residential) suffers a loss where the cost of repairs is greater than 50% of the pre-loss value of the real property, your repairs must incorporate current building code upgrades.

A lot of properties that experienced Hurricane Irma losses will have Law & Ordinance issues. Law & Ordinance kicks in when the Florida building code requirements impact what will be required in order to obtain a CO (Certificate of Occupancy) in order to reoccupy the damaged structure. It is a separate coverage in your policy that you must elect and covers some of the cost of required code upgrades. If your property (be it commercial or residential) suffers a loss where the cost of repairs is greater than 50% of the pre-loss value of the real property, your repairs must incorporate current building code upgrades. 

Almost two months into the 2017 hurricane season, most of the pundits have upgraded the likely number of tropical storms we can expect in the Atlantic basin this year. Of course, these experts can never tell us when and where the storms will impact a particular geographic area, but what we all can do is prepare as best we can based on the location of the property at risk. Just as the mantra for successful real estate investment is location, location, location the same applies in a disaster recovery plan. Know your location, the risk you are exposed to and understand the exposure you are facing.

Here is an insurance claim question that we recently were asked to weigh in on as a contributing member of insurance claim experts for United Policyholders who advocates for property owners. 

Q. We received a question from a North Carolina consumer regarding a roof replacement due to windstorm damage. The carrier is claiming that only a "spot-repair" is required under the policy but the homeowner has requested a full replacement. This position is supported by the North Carolina Department of Insurance, yet I find scant case law to support it. Further, when I browse through the North Carolina Insurance Code, I find a reference to "like, kind, and quality" v. "functional" repairs but I'm not clear on what this means in practice. If you have had any recent experience with this type of scenario, I would be interested in your insight.