On September 11th last year, Rick and I flew to New York City for a planned meeting with
Anderson Kill Loss Advisors, a group of the nation’s top public adjusters at the Manhattan law offices of Anderson Kill. The purpose of the meeting was to meet and discuss current events and future plans for this team of professional adjusters, whom we are proud to be a member. Little did any of us know what would be coming a month and a half later.
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The media is finally waking up to the major increase policyholders will see in their flood insurance policies. Our public adjusters are already seeing an impact on the insurance claims market. Here’s my take based on our assistance to Superstorm Sandy victims and our dealings with the NFIP over the years.
2.4 million Floridians live less than four feet above the high tide line along our coastal shores. Given the astonishing number of properties and people this represents, the cost prohibitive increases in the National Flood Insurance Program (NFIP) and the severe ramifications that will follow, deserve more attention and debate.
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Q. A pipe in my attic broke which caused flooding in a down stairs hall, bedroom and bathroom. When an assessment was done, mold was found. My policy has a cap of $5,000 on mold remediation. The contractor estimates for demolition and repair that are necessary to correct water damage have been categorized as mold remediation by my insurance company.
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Q. An insurance adjuster came and inspected our house for roof damage following a hail storm. He indicated that only part of the roof needed repair. In the process of getting off the roof, he slipped and caused some damage to the roof and to the gutters which he added to the coverage. I have heard but can't find documentation that in Alabama, if the adjuster creates damage the insurance company is liable for the full roof and not just the damaged portion. I would like to confirm this as fact or fiction?
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Q. My vacant property was vandalized (electrical, plumbing, bath & kitchen fixtures were destroyed). The insurance company denied my claim for vandalism as they considered theft was involved. Vandalism is a covered peril, theft is not. The definition of vandalism is not absolute (there are five to seven forms of vandalism, depending on the authority) and, there is no definition of theft given in the policy (nor will any representative provide one). One form of vandalism is that of acquisitive vandalism. Clearly when the value of the property damages exceeds 100 times the value of the petty theft, there would be a case for this form of vandalism. In this case the property damage estimate was $25,000 and the estimated value of the scrap wire and used fixtures was $200. Can a claim be successful based on the assertion that, barring a specific exclusion for acquisitive vandalism, the incident was in fact vandalism?
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Q. I own an apartment complex that got hit by lightning. It seems electronics in multiple units is randomly going out. Does this make sense? If I file a claim, it looks like it should have just hit one or 2 buildings instead of 8 or 9. Will I have trouble getting a proper settlement? Unfortunately, I just don't trust the insurance company. I had a fire once and they treated me like a crook.
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