It’s been almost seven years since Superstorm Sandy hit New Jersey and Sandy cases are still wending through New Jersey Courts. A recent Third Circuit Court of Appeals decision discusses the importance of a properly completed proof of loss when submitting a flood claim under a Standard Flood Insurance Policy (SFIP).1… Continue Reading
When I wrote my first blog on this site in 2009, I discussed proofs of loss at length. Since Hurricane Michael, these blogs have received a lot of traffic and discussion from people trying to navigate their way through the claims process. An issue that keeps coming up is whether a policyholder must comply with … Continue Reading
Proofs of loss were a topic of my first speech to the National Association of Public Insurance Adjusters at Carmel, California, in 1985. Generally, if an insurance company timely demands a proof of loss or if it is required under a policy, and the insurer does not waive the requirement, a proof of loss must … Continue Reading
Flood insurance claims governed by the National Flood Insurance Program are different. The requirements to get paid are strict and must be complied with. Many inexperienced attorneys and public adjusters prepare these claims improperly and the result is that policyholders do not get paid or paid as much as they otherwise deserve. Federal proofs of … Continue Reading
Last month the Assistant Administrator for Insurance, Paul Huang, extended the deadline for submitting a Proof of Loss for flood insurance claims. The Standard Flood Insurance Policy (SFIP) provides that a proof of loss must be submitted within 60 days of the loss. However, FEMA Bulletin W-18026 waived the 60-day proof of loss deadline, extending … Continue Reading
If your home or business was damaged by flood waters from Hurricane Irma and you had flood insurance through the National Flood Insurance Program (NFIP) the deadline to submit a proof of loss is quickly approaching. The Standard Flood Insurance Policy (SFIP) provides that a proof of loss must be submitted within 60 days of … 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
One certain way FEMA and National Flood Administrators get out of paying otherwise valid flood insurance claims is to require strict and timely requirements. Citing an internally generated and fraudulent 99% closure statistic, the National Flood Program denied a request to extend the timeline for filing Proofs of Loss for Hurricane Harvey, Irma, and Maria … 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
Proof of loss rules are not what I normally think about Kentucky. Kentucky usually makes me think of beautiful rolling hills, great basketball, fast horses and the Kentucky Derby. But, we recently had some questions about proof of loss in Kentucky and thought we would share our findings.… 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
Over the past several months the United States has experienced significant and unprecedented disaster events: Hurricane Harvey, Hurricane Irma, Hurricane Maria, California Wild Fires, and more.… 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
The purpose of a sworn proof of loss is to enable the insurer to properly investigate the circumstances of a loss while the occurrence is fresh in the minds of the witnesses, to prevent fraud, and to enable it to form an intelligent estimate of its rights and liabilities so it may adequately prepare to … Continue Reading
Truthfully, we asked Amy Bach of United Policyholders to help request an immediate extension. As the oldest and largest non-profit organization dedicated solely to advocating for policyholders, she has a lot of pull and respectful working relationships with those administrating the National Flood Program.… Continue Reading
After watching my video, many may think those who fortunately purchased hurricane flood coverage will be paid promptly and for the full amount. Please read our prior posts about what has happened in the past with National Flood Adjustments:… Continue Reading
Hurricane Harvey flood insurance deadlines are extended for one year. This is fantastic news and everybody should congratulate the National Flood Program for the extension.… Continue Reading
FEMA should grant extensions for flood proofs of loss as we asked in a letter to Deputy Associate Administrator Roy E. Wright and Administrator Brock Long: My father was a former Coast Guard Admiral for the United States Coast Guard and I grew up along our Country’s coastline. I have seen the devastation and the … Continue Reading
FEMA has announced a fourth extension on the deadline to submit a flood Proof of Loss for Louisiana policyholders affected by the 2016 Mid-Summer Storms, commencing on August 9, 2016, and ending August 31, 2016. Policyholders now have until Friday, September 1, 2017, to submit a Proof of Loss form.… Continue Reading
On March 28, 2017, the Assistant Administrator for Federal Insurance, Federal Insurance and Mitigation Administration, issued a memorandum to Write Your Own (WYO) Company Principal Coordinators, NFIP Direct, and Independent Adjusters, titled “WYO Company Acceptance of Electronic Signatures” (W-17008).… Continue Reading
Insurers on occasion deny coverage or make claim decisions based on one ground, and then later, during litigation, seek to avoid liability based upon an entirely new defense theory. Although coverage decision letters regularly throw in boilerplate language seeking to avoid waiving coverage defenses, I was recently asked whether an insurer can deny coverage or … Continue Reading
A recent case out of the District of New Jersey addressed language in the Standard Flood Insurance Policy (“SFIP”) that permits the insured to bring suit within one year after “the date of the written denial of all or part of a claim.”… Continue Reading
I received a question in response to my post about the second extension of time FEMA granted for Hurricane Matthew policyholders to submit their completed, signed, and sworn to proofs of loss for flood damage.… Continue Reading
