An Orlando area client who filed what they thought was a simple property insurance claim for water damage to their home found them forced out of their home since September of last year due to mistakes made by the “preferred vendors” of their insurance company and the insurance company’s refusal to take responsibility for the situation.  Tutwiler Public Insurance Adjuster Brad Barrett  was eventually brought into the situation late and has been trying to bring the situation to what is called Appraisal, where an Umpire can hopefully rule in the client’s favor.

Sewage backup is damage public adjusters deal with more than I would like to admit. A recent published appellant court case in Florida http://www.3dca.flcourts.org/Opinions/3D11-3277.pdf addresses the confusion surrounding insurance coverage for water and sewer losses in today’s all risk homeowners insurance policies. If you take the time to read this case, you will note this issue has been litigated not only in Florida but other states as well.  It seems the insurance industry either does not understand the issues or haven’t been following the case law as we continue to see water and sewer claims denied on a regular basis.  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.

Here are a few key tips to make sure your property damage claim doesn’t make a bad situation worse.

1.     Make sure your insurance company pays you first, not a roofing company or contractor. Never sign over your insurance payment to a 3rd party contractor.  See more insurance claim tips.

If you live in the Pensacola, Destin, Gulf Breeze and Ft. Walton Beach area and your home was severely damaged by flood to the extent that it is uninhabitable, your insurance policy may provide a coverage called “Additional Living Expense” or “A.L.E.” Under the Additional Living Expense coverage, you and your family may be entitled to rent another home of the same size, like kind and quality as well as be reimbursed for any extra expenses you may incur such as food and temporary lodging.

For those who have National Flood Insurance, we encourage you to review and pay close attention to your flood policy’s terms and conditions. The policies issued by the National Flood Insurance Program (NFIP) are unique because they fall under a Federal Government program with its own rules and regulations. As an example, the NFIP policy requires you to file a proof-of-loss within 60 days of the flood event. In layman terms, you must have figured out your loss and arrived at a sum certain amount to put on a document called a “proof of loss” and have it submitted to the appropriate person handling your claim. Unless this time period (60 Days) is waived by an authorized official of FEMA/NFIP the claim may be denied in total for failure to comply with the policy terms and conditions.

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

Q. Can the insurance company force you to use an outside vendor to inventory your personal contents rather than allow you to do it yourself?  Can you refuse cleaning and inventory services that an adjuster is trying to make you use?