The effects of Hurricane Irma’s wind and rain damage are still apparent throughout Florida and the Caribbean. Roofing crews and blue tarps are ubiquitous wherever you travel. While the blue roofs are obvious, what may not be so obvious are damages that may have resulted to electrical and mechanical systems in your home or building from the effects of Hurricane Irma's wind and water. Too many policyholders are blindly following a contractors or even their insurance company’s desire to “fix up” the damage and move on to the next claim, putting themselves in danger. 

Many of the calls we get from policyholders lately, regarding their Hurricane Irma insurance claim goes a little like this:  “Roof damage caused bedroom flood, water running down the wall, water came in the front door, sheet rock and crown molding are ruined, now mold growing causing health concern.” Most homeowners will have a limit on their mold coverage in their policy.  But remember there would be no mold but for water and water loss is not limited. I am making this statement despite the fact that we have seen some insurance companies actually try to limit water loss coverage.

Policyholders may be surprised to find that their flood claim for foundation damage is denied because the NFIP says the damage is caused by earth movement or settlement; even though the earth movement was caused by flood waters! Before I discuss this, let me remind the reader that each loss is fact specific to each property. You may have two homes or commercial buildings in close proximity to each other and the loss conditions from the same insured event may vary to the point where they impact the claim.

Policyholders who experienced any type of water intrusion from Hurricane Irma may experience mold infiltration. When claims are delayed and repairs put on hold, it can become a real problem because mold can grow unseen for months and create a serious health hazard. Many of those who contact our firm report mold issues. To get more insight about mold: Read our Frequently Asked Questions about Mold Claims.

Property owners who were impacted by Hurricane Irma and filed a property insurance claim are starting to receive settlement offers from their insurance company.  Some are shocked at the settlement offers they receive. Sometimes our firm will be retained by a homeowner only to receive a call several weeks later to say the insurance company adjuster had called them with a verbal settlement offer they might be able to live with. Even though it’s outside of our contract cancellation date and work may have begun on the loss, we typically wish them well and thank them for their consideration in selecting our firm to assist them. That got me thinking about all the property insurance claim offers we’ve gotten over the many years assisting clients.  

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. 

If the inquiries coming into our offices are any guide, policyholders are receiving settlement offers for their insurance claims and many are not happy and in some cases shocked at the offer they are receiving. Most often we are told the offer does not remotely cover the cost of repairs based on estimates local contractors are providing.

The following is an insurance claim question we answered for a policyholder through the United Policyholders Ask an Expert Forum. 
Q. I live in the path of Irma in Florida and suffered damage to my property. Since the storm and never before, there has been tons of articles in the news, social media and TV commercials playing here in Florida warning consumers about signing Assignment of Benefits agreements with contractors because you'll get ripped off and make a mistake. I have a contractor that I've used before and known for years that says it's been an accepted practice for decades for emergency services. Are the insurance companies just trying to save money? Please explain detail because it seems like a big coordinated PR push from numerous insurance companies saying basically the exact same thing. Thank you for your help!!

We are getting an unprecedented number of calls from property owners living in condos, who are looking for help following property damage to their building that impacted their unit. This often takes the form of damage to the unit owner’s property, including their personal property as well as items such as carpet, other types of floor covering, trim items such as door frames, baseboards, cabinets and the list goes on depending on the type and severity of the damage and the wording in their condominium documents. When a covered casualty event occurs, whether it is water, fire, the dreaded “mold” word or some other peril, the finger pointing starts and in many cases the unit owner is caught in the middle.

Sewage backup is damage public adjusters deal with more than I would like to admit. Without going into a lot of detail regarding the legal cases, (depending on the wording of the policy in question) if the backup is on the insured side of the property line or actually in a plumbing pipe on the premises, coverage for these losses should be covered under an all risk policy. Why all the litigation and confusion in the first place?  It would seem pretty basic that these losses would be covered as they clearly meet the insurance test of a sudden, accidental and an unintended event. A recent media story Home Flooded With Neighbors Sewage During Irma, regarding a client we represented highlights the problem.