Jan 30, 2006

insurance questions for hurricane victims

This Sun-Sentinal articles addresses windstorm insurance claims

here's the link to the article

By Kathy Bushouse
South Florida Sun-Sentinel
Posted January 29 2006

It's been almost four months since Hurricane Wilma struck, and by now your insurance claim has been submitted and you should have had a visit from your adjuster.

Many South Florida Sun-Sentinel readers have written or called in recent weeks with questions about their insurance claims. Here are answers to some of those questions.

Q. The estimate I got from my adjuster is less than what my contractor said it would take to rebuild my home. What should I do? Do I have to just take what they give me?

A. This was a common problem after the 2004 hurricanes, because some adjusters weren't factoring in the post-hurricane higher cost of materials and labor. If this happens to you, check with the state Department of Financial Services, which established pricing guidelines for construction materials to help in such disputes. State officials are updating those now, and they should be done by mid-February, said Tami Torres, a spokeswoman for the department.

Those guidelines should be posted online on the department's Web site, www.fldfs.com, when they are finished. The information also will be available through the department's consumer hotline, at 800-342-2762."Those construction guidelines were intended to serve as an educational tool for the consumer," said Torres.

You also can call the Department of Financial Services to register a complaint, Torres said. That complaint also can serve as a step toward state-sponsored mediation, which many people used to help settle their 2004 insurance claims. A complaint with the state is required for mediation, and complaints can be made through the Department of Financial Services Web site or through its toll-free hotline.

Q. What is mediation?

A. Homeowners who can't reach an agreement with their insurance companies on their claims can go into state-sponsored mediation. The Department of Financial Services will open up a mediation office in February for the expected crush of Wilma-related claims, said Mark Pritchett, executive vice president of the Collins Center for Public Policy. The Tallahassee-based nonpartisan center was hired by the state to run mediations after the 2004 hurricanes, and will do the same for disputes stemming from the 2005 season.

Roughly 93 percent of the 12,400 mediation requests were settled, Pritchett said. Most complaints involved differences over repair costs, whether roofs should be repaired or replaced, additional living expenses for the time policyholders weren't able to live in their homes, fixing pool enclosures and paying for tree removal, Pritchett said.

As many as 6,000 mediation requests are expected from Wilma, Pritchett said.

Q. What happens if the cost of materials goes up after work starts? Am I stuck footing the bill?

A. You should be able to file a supplemental claim with your insurance company to cover those costs, Torres said. Call your insurance company or the state Department of Financial Services if you have questions.

Q. My condo association is assessing me to help pay for repairs, and I think my insurance policy covers some of those costs for me. How do I get money from my insurance company?

A. Many insurance policies include what's known as a "loss assessment clause" -- basically, if your homeowner or condo association assesses you to help make repairs to common areas or structures, you can recover some of the costs from your insurer. Typically it's up to $1,000.

But not everything is covered under that clause, said Bob Lotane, a spokesman for the Department of Financial Services. For instance, some companies aren't covering the assessment if it goes toward paying the deductible on your association's master policy, Lotane said. Also, tree removal generally isn't covered, unless the trees fell on a structure and damaged it.

And after the 2004 hurricanes, some insurers applied that assessment toward policyholders' deductibles rather than under the loss-assessment clause.

If you think your company should pay but hasn't, Lotane suggested calling the state for help.

Q. I keep calling Citizens Property Insurance Corp., but end up waiting for a long time on hold or can't get through to a human being. Help!

A. The claims center for state-backed Citizens Property Insurance Corp. -- the largest insurer in South Florida -- is open 24 hours, said company spokesman Justin Glover. He suggested calling back during off-peak times, such as the early morning, to see if you might have better luck.

Getting through to Citizens was difficult in the days just after Wilma, but that volume should have eased off by now, Glover said.

Another option you can employ is using the Department of Financial Services as an intermediary. Torres said the state has a computer system that allows staff to communicate with every insurance company doing business in Florida, and any e-mail the state sends to a company becomes a permanent part of that insurer's record with the state. "Use us as your spokesperson if your company is failing to respond to you," Torres said.

Q. I've got my insurance claim check, but my mortgage company is holding onto it and will give me only part of it until repairs are done and they've inspected them. Can they do that?

A. Yes, and they typically will if it's a large check -- more than $10,000 or $20,000, depending on the lender.

Your mortgage company is named on your insurance policy, and would have to sign off on the check before you can cash it and use it for repairs.

If you feel you're not being treated fairly by your lender, call the state and complain, Torres said.

INSURANCE HOTLINE

The Department of Financial Services has established a consumer hotline established to help people with their insurance questions and problems. You can reach them the department at 800-342-2762, or find them it online at www.fldfs.com.

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