When a National Flood Insurance Program (“NFIP”) insured is not satisfied with the payment for flood-related losses, the NFIP insured is directed to three options:1 The NFIP insured may file an appeal with the Federal Emergency Management Agency (“FEMA”) within 60 days of the NFIP insurer’s written denial or partial denial of the requested claim … Continue Reading
In a recent case,1 a federal court dismissed a flood claim following a nor’easter storm because the insureds’ proof of loss under the National Flood Insurance Act failed to satisfy the Standard Flood Insurance Policy’s (“SFIP”) “signed and sworn” requirement.2 In that case, the insureds submitted two claims to recover damages from the storm to … Continue Reading
Flood insurance claims are different than regular property insurance claims because virtually all flood insurance claims have to follow federal regulations. The vast majority of all flood insurance policies are written through the National Flood Program. Even if a private company known as a Write Your Own (WYO) is listed as the insurer on the … Continue Reading
Florence battered the Carolina Coast with 90mph winds when it made landfall near Wilmington, North Carolina on September 14, 2018. Florence downgraded to a tropical storm Friday evening and is now crawling across South Carolina at a drastically slow rate of approximately 5mph. The Carolinas are now facing the devastating effects of catastrophic storm surge, … Continue Reading
Many Texans will lose their right to additional flood insurance money that they’re entitled to – this situation is urgent. The most important deadline for Texans with Hurricane Harvey flood damage is quickly approaching – it’s only one month away on the anniversary of Harvey – and Texans largely have no clue.… Continue Reading
David Stearnett, who is the Flood Insurance Advocate for the National Flood Insurance Program, and Sha Ron James, Florida’s Insurance Consumer Advocate, should be congratulated for hosting a free webinar on July 25: Guiding and Educating Insurance Professionals and Consumers about Flood Insurance Needs During a Catastrophe.… Continue Reading
Many state statutes and condominium bylaws require the purchase of reasonably available property insurance which covers all direct physical risks of loss on an extended and replacement cost basis. One issue I have heard associations and their insurance agents ask: “Is flood insurance reasonably available” so that it has to be insured.… Continue Reading
As advocates for victims whose lives have been turned upside down as a result of the devastating flooding caused by Hurricane Harvey, Hurricane Irma, and Hurricane Maria, we know that one year may not be enough time for flood victims to obtain the estimates and documents necessary to submit their required proof of loss form … Continue Reading
In Write Your Own (WYO) Bulletin W-18009, FEMA recently clarified Bulletin W-14058. Bulletin W-14058 addresses the Loss Settlement Provision of the Standard Flood Insurance Policy (SFIP).… Continue Reading
In a June 7, 2018, FEMA bulletin, W-18013, FEMA discusses several claims process enhancements and claims handling reminders that apply to all claims with a date of loss of June 7, 2018 through December 31, 2018. The enhancements to the NFIP’s claim process are in response to the widespread flooding that occurred in 2017.… Continue Reading
Hurricane season has begun early this year, with the first named storm of the season, Alberto, making its appearance just days before the official season start date, which is June 1st. Tropical Storm Alberto is headed for the Gulf Coast and is expected to bring tropical storm conditions, including flooding rains, coastal storm surges, and … Continue Reading
In a recent post, Policyholders May Benefit From All Their Coverages, I discussed the importance of carefully evaluating all the insurance benefits potentially available to policyholders if a catastrophic loss occurs. That blog examined the decision in Citizens Property Insurance Corp. v. Hamilton,1 which allowed recovery of benefits for a total loss due to flood … Continue Reading
Hurricane Harvey flooding affected Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series discusses the differences in property ownership rights and two separate avenues to recovery.… Continue Reading
Although we are over 5 years past Hurricane Sandy, flood insurance coverage issues are still being litigated. I previously wrote about a decision out of the U.S. District Court of the District of New Jersey, Migliaro v. Fidelity National Indemnity Insurance Company.1… Continue Reading
Following the devastating damages from Hurricanes Harvey, Maria, and Irma, homeowners and businesses alike examined their insurance coverages to assist their recovery. For most people that have never needed to use insurance benefits, or had only small claims, these policies may have seemed like just another large expense every year that mostly protected the bank … Continue Reading
Hurricane Harvey flooding impacted Texas property owners (i) with sufficient flood insurance to cover the loss, (ii) with insufficient flood insurance to cover the loss, and (iii) without flood insurance. This three-part series outlines the differences in the rights of these property owners and the different avenues to recovery. My previous post was Hurricane Harvey … Continue Reading
As everyone watching the news knows, there were horrific mudslides in Santa Barbara County this week caused by flash flooding in the fire-scarred Santa Ynez Mountains. Due to the fires that have ravaged Southern California in the past month, the scorched earth—lacking shrubs that can absorb water—is especially susceptible to mudslide when there is a … Continue Reading
Following the devastating damages from Hurricanes Harvey, Maria, and Irma, homeowners and businesses examined their insurance coverages to assist their recovery. For most people that have never needed to use insurance benefits, or had only small claims, these policies may have seemed like just another large expense every year that mostly protected the bank on … Continue Reading
2017 brought with it three major hurricanes causing widespread flooding to thousands of homeowners and business owners. Those policyholders with a flood insurance policy through the National Flood Insurance Program (“NFIP”) might consider invoking the flood policy’s appraisal provision.… Continue Reading
Beginning on August 9, 2016 and lasting through August 31, 2016, numerous parishes in Southeast Louisiana1 experienced prolonged, torrential rainfall and flooding. By the end of the days-long Great Flood event of 2016, several states were included in disaster declarations due to the same weather system. Though flooding to this extent is usually associated with … Continue Reading
A strange noise echoing throughout your home wakes you from a deep slumber in the middle of the night. You’ve lived in your home for years but never heard this loud sound before. You sit up, step out of bed, and immediately you’re knee deep in luke-warm water. You shout to jostle your family awake. … Continue Reading
Currently, policies of insurance for flood, even if purchased through your insurance agent or normal insurance company, are Federal Flood Insurance Policies issued through the National Flood Insurance Program, if your community is participating in the NFIP. Because the program is federally subsidized, homeowners on floodplains are able to purchase the polices at rates much … Continue Reading
Hurricane Irma: If you are a homeowner, business owner, or renter affected by Hurricane Irma, you still may be able to receive certain benefits through the Federal Emergency Management Agency “FEMA” if you are uninsured or underinsured.… Continue Reading
