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Commonly Asked Questions About Disaster-Related Insurance Issues

General Questions | Automobile Insurance| Boat Insurance | Commercial Insurance | Flood Insurance | Homeowners and Dwelling Insurance | Mediation | Windstorm Insurance | Adjuster Information | Contractor Information

GENERAL QUESTIONS

Question 1: Should I report my claim to my insurance company now or wait until things clear up?

    Answer: You should report your claim as quickly as possible.

Question 2: Should I go ahead and make repairs to my damaged property or wait for the insurance adjuster?

    Answer: You should make temporary repairs needed to prevent further damage only. The adjuster will need to see the damage to evaluate your loss. Take "before and after" pictures and keep all of your receipts for materials used in emergency repairs. Do not throw any documentation away.

Question 3: How long should it take for an adjuster to come to my house to assess the damages caused by the hurricane?

    Answer: It depends on the severity of the damage caused by the storm. Adjusters come into the disaster areas as soon as they are permitted to do so by emergency officials. If you have reported your loss to the company, they should be able to give you an estimate on the time the adjuster should arrive. Remember, in severe disaster, claims are prioritized by severity of damage.

Question 4: How do I know which policy to file my claim under? I have a homeowners policy, a flood policy and a windstorm policy.

    Answer: File your claim with all three policies. The adjuster or adjusters will take care of determining which policy covers which part of your loss.

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    AUTOMOBILE INSURANCE

Question 1: What types of storm damage are covered under my comprehensive coverage?

          Answer:

    1. If Comprehensive coverage, sometimes called "Other Than Collision" coverage, is included in your policy, wind and flood damages are covered.
    2. Vehicles that are overturned by the force of the wind or blown into or against other objects by the wind are considered damaged by windstorm and are covered under Comprehensive.
    3. Broken auto glass caused by objects blown by the wind is usually considered covered by Comprehensive.
    4. Auto glass that pops out due to sudden drops in atmospheric pressure is usually considered covered by Comprehensive.

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BOAT INSURANCE

Question 1: My boat was blown into my neighbor's house during the storm. Should my boat policy cover the damage to his house?

    Answer: No, his homeowners policy would cover the damage to his house unless you were negligent and held liable due to that negligence.

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    COMMERCIAL INSURANCE

    Please remember that the questions and answers contained in this section are general in nature. The insured's policy may provide for different coverage or exclude coverage.

Question 1: Recent storms blew debris into our Condo Association's pool and damaged the fence. Do we have coverage?

    Answer: You do not have coverage under the Condo Association policy for debris removal from the pool. However, the policy may cover the damage to the fence. You must read the coverage and exclusion sections of your policy.

Question 2: Windstorms knocked out the power in my restaurant for three days. I had food spoilage and was unable to serve customers or pay my employees. Do I have coverage?

    Answer: Food spoilage is covered if you have a consequential damage endorsement on your policy covering boiler and machinery. Your business interruption policy, if you have one, would cover loss of receipts and your employees' loss of income.

Question 3: Due to recent rains and windstorms, the governor declared that our county must be evacuated . We had to shut down our hotel, evacuate guests, and cancel reservations for the days we were required to close. Do we have any coverage for this?

    Answer: No.

Question 4: Heavy rains from the storm caused my daycare center to be flooded. The children had to have a place to stay so I rented several rooms in another building. Does my flood policy have to pay for this extra expense?

    Answer: No, flood policies do not provide coverage for loss of use.

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    FLOOD INSURANCE

Question 1: What perils are covered by my flood insurance policy?

Answer: Only flood. "Flood" means:

                    A general and temporary condition of partial or complete inundation of normally dry land areas from:

    • The overflow of inland or tidal waters
    • The unusual and rapid accumulation or runoff of surface waters from any source.
    • Mudslides (i.e., mudflows) which are caused by flooding.
Question 2: How are losses by flood paid? Is replacement cost coverage available?

    Answer: In some cases, replacement cost is available. Other losses are paid on an Actual Cash Value basis. Refer to the policy.

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    HOMEOWNERS AND DWELLING INSURANCE

    The following are representative of some typical questions and answers that might arise following a hurricane or tornado. Please remember that the answers are of a general nature. The insured's policy may apply differently.

Question 1: The hurricane caused high tides that flooded my home. Since my homeowners policy covers loss caused by windstorm, will my company pay for this water damage?

    Answer: No. Homeowners policies contain an exclusion for water damage, including flooding, whether or not the water was driven by wind. If you have flood insurance, you should file your claim under that policy.

Question 2: I don't know if windstorm or flood caused the damage to my home. What coverage will pay for my loss?

    Answer: You should submit your claim to your flood carrier and your windstorm carrier. They will investigate your claim and decide which policy should pay.

Question 3: A tree fell on my roof during high winds and caused extensive damage. Will my company pay for removing the tree as well as fixing my roof?

    Answer: You should check the terms of your policy, but usually the company will pay for removal of the tree because it damaged your insured dwelling. The cost of repairing the damage to your home would be covered.

Question 4: My mobile home was damaged in the storm. Will my policy pay for the repairs even though my mobile home was not tied down?

    Answer: If the company issues a policy on a home that was not tied down, they are still obligated to provide coverage in the event of a loss. The only exception might be if the company can show that there was misrepresentation on the application for coverage by the insured and that the company would not have issued the policy if they had known the true facts regarding the tie downs.

Question 5: Wind blew one of my trees down in my yard. Am I covered for the loss of the tree? Am I covered for the ornamental shrub that was crushed by the tree? What about the expense of removing it from my yard?

    Answer: Because the tree did not damage insured buildings on the premises, you are not covered for the cost of removal. Trees and shrubs are specifically excluded from coverage, so no payment is owed to you.

Question 6: Wind blew two of my neighbor's healthy trees down on my property. One of them crushed my fence but nothing else was damaged. Whose policy should pay for the damages and what is covered?

    Answer: YOUR policy pays for the damage to your fence. Since the tree was healthy, your neighbor was not liable for the damage so his policy will not pay. You have coverage under your policy for the removal of the tree that damaged your fence since it was considered a "covered structure." There is no coverage to pay for the cost of removal of the tree that did not damage any insured property.

Question 7: Wind blew down one of my trees and it fell on the garage. My car was in the garage and was also damaged. Does my homeowners policy cover this damage?

    Answer: Your homeowners policy will pay for the damage to the garage but not to your car. Your auto insurance policy will pay for the damage to your car if you have comprehensive coverage.

Question 8: The wind uprooted a big tree near my patio and the tree's roots came up and tore up the patio. Do I have any coverage?

    Answer: Yes, both the damage to the patio and the cost of removing the tree are covered.

Question 9: When we were ordered to evacuate, I had to leave my boat and trailer in my yard. A tree fell on it during the storm. Is the damage to my boat and trailer covered? Will my company pay to have the tree removed?

    Answer: In order to be covered, your boat and trailer usually would have to be inside an enclosed structure like a garage or a shed, so you probably do not have coverage for the damages. There is no coverage for the tree removal either since an insured structure was not damaged.

Question 10: I also had spoiled food, but there was no damage to my premises that caused the power outage. Do I have coverage?

    Answer: Since there was no direct damage, you probably do not have any coverage.

Question 11: My yard is a mess! Will my company help pay the cost of cleaning up the debris from the hurricane?

    Answer: No, there is no coverage for this expense.

Question 12: If I make a claim for damages caused by the hurricane, can my insurance company cancel my policy?

    Answer: No, companies cannot cancel or not renew a homeowners policy for losses caused by an Act of God.

Question 13: I live in a condominium that was damaged by the storm. My unit was damaged as well as the common areas of our complex. What part of the loss am I responsible for and what part should the Condominium Association policy pay for?

    Answer: You should check the by-laws of the association to see who is responsible for what property. In general, your policy would pay for damages to your unit. The Association's policy would pay for damages to the buildings (roof, exterior walls, etc.) and to the common areas. You may be responsible for an assessment to help pay for damages not covered by the Association's policy. Check your unit-owners' policy to see what coverage you have to help you pay this bill. Most policies include a minimum of $1,000 for loss assessment coverage.

Question 14: How are losses to swimming pools covered? I have an in-ground pool and my neighbor has an above-ground pool. Our companies are paying differently. Is this right?

    Answer: Yes, coverage is different for in-ground and aboveground pools.

    In-ground pools are considered to be like the foundation of the house and damages to the structure of the pool are covered. If a tree or debris have cracked the walls or floor of the pool or the concrete decking surrounding the pool, your homeowners' policy should cover repair costs. However, if damage was caused by water – usually undermining or pop-up caused by water pressure – there is no coverage.

    Aboveground pools are considered to be appurtenant structures – similar to a shed or detached garage – and will be covered if the policy provides for appurtenant structure coverage. If detached structures are not covered by your policy, your claim will not be paid. Damage caused by water is excluded as for in-ground pools.

    Note: Your flood policy also excludes damage to swimming pools whether in or above ground.

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    MEDIATION

    Several years ago, the legislature passed a law requiring companies to offer mediation on property insurance claims to customers when the amount of the claim exceeds $500.00 and the settlement is disputed. The Department of Financial Services administers the property mediation program and certifies the mediators. This procedure is governed by Rule 4-166.031.

Question 1: My company says they do not have to offer mediation to me. Why not?

    Answer: Mediation does not have to be offered if there is no coverage for the loss or if fraud is suspected. The company also does not have to offer mediation on claims involving less than $500 in damages or less than $500 in disputed amounts.

Question 2: I want to go to mediation with my company. What should I do?

    Answer: If you want to take advantage of the property mediation program, you must notify your insurance company. Unless you request the Department to choose the mediator, the insurer will select a mediator from the list approved by the Department. You will have an opportunity to reject this mediator.

Question 3: Do I have to pay for mediation?

    Answer: There is no charge to you for using the property mediation program. The insurance company pays a fee to cover the cost of administration and to pay the mediator for his or her services.

Question 4: My claim was settled in mediation, but now that I have had time to think about it, I don't think the settlement was fair. What can I do?

    Answer: Mediation settlements can be rescinded within three days of the agreement as long as you have not cashed the check. The company must provide a representative with full authority to settle the claim with you at the mediation conference. The conference will be held at a location near where you live.

Question 5: I'm going to mediation with my company. Do I need an attorney?

    Answer: No, an attorney is not necessary. You may have your attorney present if you choose to do so, but you must let the company know beforehand.

Question 6: I already have an attorney helping me with my claim. Do I have to bring him to mediation?

    Answer: You should discuss the settlement offer and mediation with your attorney.

Question 7: What if a mediation conference is scheduled and I can't go or the insurance company representative doesn't show up?

    Answer: If you fail to appear for the mediation conference, it can be rescheduled after you pay for the mediator's fee. If the insurer fails to appear, without good cause, they must pay actual cash expenses incurred by you in attending the conference and they must pay the mediator's fee for the rescheduled conference.

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    WINDSTORM INSURANCE

    The Citizens Property Insurance Corporation (CPIC) was formed to provide Windstorm & Hail insurance coverage for homes and businesses in the coastal areas of Florida. If your homeowners or business policy excludes coverage for windstorm, you should have a separate policy with CPIC to insure your property for these kinds of losses. If you are not in an eligible area to purchase coverage from CPIC, your insurer can NOT exclude windstorm coverage from your policy.

    The best way to determine what coverage you have is to refer to your CPIC policy. In general, CPIC writes coverage for buildings, including mobile homes, and personal property located within their specific coverage areas. Coverage is provided only for direct loss by Hurricane, other Windstorm, or Hail to insured property. They do not provide any liability coverage.

Question 1: What limits of coverage are available for CPIC policies?

    Answer: Dwellings (*) can be insured for limits up to $1,000,000. This limit can apply to the building only, the contents only, or a combination of the two.

    Mobile Homes can be insured to a limit of $1,000,000 at any one location. The limit applies to buildings only, to contents only, or to a combination of building and contents coverage written for the same "location" whether on the same policy or not and regardless of the named insured.

    Commercial-Residential (*) property can be insured to a limit of $10,000,000. Once again, the limit applies to buildings only, contents only, or to a combination of building and contents coverage written for the same "location" whether on the same policy or not and regardless of the named insured.

    Commercial Property can be insured to a limit of $1,000,000. The limit applies to buildings only, to contents only, or to a combination of building and contents coverage written for the same "location" whether on the same policy or not and regardless of the named insured.

    (*) These items may be increased if coverage is not available in the authorized market. CPIC required submission of the Market Availability Document form to consider increased coverage for these properties.

Question 2: I have a claim. How should I report my damages?

    Answer: Call your agent. He or she will complete a CPIC claim form and send it in. You will be asked for your homeowners and flood policy information when you report a claim to CPIC so have the name of your insurance companies and your policy numbers ready.

Question 3: My roof has a big hole in it. Rain is coming in! What should I do?

    Answer: You are responsible for making temporary repairs to prevent further damage. Take "before and after" pictures and keep all your receipts to turn in with your claim.

Question 4: My home has been damaged by windstorm and by flood. Will I have to see two adjusters?

    Answer: Maybe, but most of the time the wind and flood losses can be handled by the same adjuster. You still have to report the losses to both CPIC and your flood insurance company.

Question 5: What kind of deductible applies to my dwelling policy with CPIC?

    Answer: Your deductible for each loss applies to building and contents combined. There are some special class items which have a separate deductible. Refer to your policy for details. The standard deductible amount is 2% of the amount of dwelling coverage or a minimum of $500.00. You can get an optional deductible of 5% with a minimum of $500.00.

    On Commercial Residential policies, the standard deductible is 3% with a minimum of $1,000.00 and you can get an option of 1% or $1,000.00 minimum.

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    ADJUSTER INFORMATION

Question 1: How does an adjuster get a badge so he can go into the disaster area?

    Answer: The adjuster should have his company call the Florida Insurance Council at 850-386-6668 for information on how to get a badge. The badges are actually issued by the Division of Emergency Management.

Question 2: A public adjuster contacted me and said he could help me resolve my claim with an insurance company for 25% of the settlement amount. Is this fee legal?

    Answer: No limits on Public Adjuster fees.

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    CONTRACTOR INFORMATION

Question 1: How can I make sure an unscrupulous contractor doesn't rip me off?

Answer: The best way is to check the licensing of the contractor with the Department of Business and Professional Regulation (850) 487-1395. Also ask for references and check them. Most of the time, an insurance company does not recommend a contractor so be wary of those that claim the insurance company sent them. Ask to see something in writing.