I am from the government and I am here to help you. The famous line from then presidential candidate Ronald Reagan claiming that the government is here to help you, will in my view always be remembered as the defining quote in his campaign that led to a conservative Republican victory and his election to this country’s highest office.  But that was then, what does it have to do with current events?
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Two years ago, on October 29, 2012 Super Storm Sandy came ashore just south of New York City causing significant flood damage to many buildings in the Financial District and in Battery Park City, New York.  Our firm was on the ground within 3 days post-storm, helping people prepare to file their Sandy insurance claims. We ended up opening an office in the area and stayed a good 6 months. Many of these high-end residential condominium buildings overlook the New York Harbor, Statue of Liberty, and skylines. Tutwiler & Associates Public Adjusters were retained to represent one of these tower communities.

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Given the severe localized flooding to parts of Southern and the east coast of Florida this past week due to heavy rains, it’s timely to point out that it only takes one storm to trigger a property insurance claim that can decimate your property value. It’s interesting to note a recent article that reviews worldwide property loss stats. While we haven’t had a large catastrophe event it points out that a larger group of smaller storms can still impact insurance rates and property values. Smaller losses, as we have seen in our practice, can still create time consuming claim complications. The time to identify your “claims team” is before you suffer your loss. Work with your insurance agent to fully understand the claims process. Then identify trusted public adjusters, restoration contractors, and yes even property insurance attorneys so you don’t fall upon the predatory few that will try to make a buck from your loss.  

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You can bet at any gathering of a group of Florida licensed public adjusters, the conversation will start off with the question of how many Florida public adjusters currently exist. No question about it, Florida saw an explosion in the ranks of the public adjusting profession since the big four storms of 2004, as compared to the historical record.  And this does not include the hundreds of non-resident licensed public adjusters who fly into this State to solicit and handle claims.  In the past few years however, the actual number of in-state licensed public adjusters has started a precipitous decline because of several factors.

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

Q. I have been offered a job in Wilmington, NC and would like to live in a nearby beach community such as Surf City, NC.  Other than USAA, What is the best insurance carrier for flood insurance? 

A. Before I answer your question, please allow me to give you some background on flood insurance as our public adjusting firm has seen significant changes over the years. Because of the high risk of flooding and the widespread damages that often result, the insurance actuarial folks could not manage or price this peril so as to set an affordable premium. Thus the private insurance industry was simply not agreeable to assuming the flood risk. Thus, flood losses were excluded in most all standard property insurance policies. In 1968, the National Flood Insurance Program (NFIP) was created by an act of Congress as the lack of this coverage was affecting the economy and commerce. In the beginning years, this program while providing flood coverage, was very poorly run and claim service was terrible. Probably not surprising given that the NFIP was headquartered in Washington, D. C. as it quickly became a typical Washington bureaucracy, unresponsive and extremely difficult to work with.

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When there is a storm event such as the flooding in the Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas we always get questions about how depreciation works. As public adjusters, we deal with this type of situation all the time when we are managing a policyholder’s claim. Deprecation is figured in a number of ways depending on who is making the calculations. As an example; in the insurance adjusting field, the text book example is to come up with a percentage based on the age of an item and its full life expectancy. So if an item is one year old and the average life is 20 years the percent to be applied for deprecation is 5%.  If the cost of the item new is $5,000 then $250.00 in deprecation should be taken for each year of life. If an item is 5 years old and the life expectancy is 15 years then 33% would be reasonable.

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Property owners in the Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas 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; even though the earth movement was caused by flood waters! Before I discuss this, let me remind any reader that each loss is fact specific to that property. You may have two homes or commercial buildings side-by-side in close proximity to each other and the loss conditions from the same insured event may vary.

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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.

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Hopefully, property owners the in Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas who were impacted by the flood and water damage are starting to receive settlement offers from their insurance company about their claims.  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 wished them well and thanked 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. 
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Home and business owners who were impacted by the flooding and water intrusion in Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas are starting to hear back from their insurance company about their claims. Many will learn that the claim settlement amount(s) fall short and will not cover the cost of repairing storm damages.
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