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 What Constitutes a “written denial of all or part of the claim” in Federal Flood Claims?

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 a hurricane or tropical storm, this one was not. Regardless, flood damage is often covered by a Standard Flood Insurance Policy (SFIP) issued through National Flood Insurance Program (NFIP) fiscal agents known as Write Your Own (WYO) companies or by the Federal Emergency Management Agency (FEMA) directly through an NFIP Direct Servicing Agent (Direct). The NFIP is provided under the National Flood Insurance Act of 1968, amended (NFIA)2 and the SFIP is regulated under 44 C.F.R. §§ 61 and 62.
Continue Reading Flood Related Deadlines Nearing for Louisiana 2016 Mid-Summer Severe Storms: Proof of Loss Deadline v. Lawsuit Deadline

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 defend any claim. But, if that information is not submitted in the form requested by the insurance company, has an insured still complied with the proof of loss requirement?
Continue Reading Is Substantial Compliance with a Proof of Loss Enough?

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 Federal Insurance Administrator Responds to Merlin and Provides Hope For Fair Claims Process

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 Will Hurricane Harvey Adjusters and Their Flood Claims Managers Be Courageous Like Texans Have Been After Being Called Upon in Hurricane Harvey?

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 Extended Deadline to File Proofs of Loss in Connection with 2016 Mid-Summer Storms