RE: "Isabel", is a Hot Potato headed behind?
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RE: "Isabel", is a Hot Potato headed behind? - 5/8/2004 3:02:37 PM
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sjk
Posts: 20
Joined: 4/27/2004
Home base: Oxford, MD
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Kile,
Sorry for the delay in responding. I have really been busy with this. In answer to your questions, these items were covered in a meeting I had at FEMA on March 24th with NFIP’s Jim Shortley and Max Plaxico. Baltimore County Executive James Smith sat in with us as well. The same items were covered with me again in several different meetings with FEMA officials as well. Yesterday, some of the information was published in a bulletin posted on NFIP’s Bureau Net. Your question about the drywall is specifically answered in regard to wicking. To see it in writing please go to
http://bsa.nfipstat.com/wyobull/w-04020.pdf .
Regarding the statement about making the insured whole for a covered peril, I was referring to the intent of the Act. Specifically, “provide necessary funds promptly to assure rehabilitation or restoration of damaged properties to pre-flood status or permit comparable investment elsewhere.” Please refer to the reports that accompanied the 1967 hearings.
Lastly, I have several thoughts in regards to your last question/comment about the system being suddenly broken. I can assure you from first hand experience that Congress did not act upon Isabel related issues because the event was in their backyard. I can also say from first hand experience that incessant prodding by a WYO examiner to file suit in Federal Court, to one with 22 years experience in detecting fraud and criminal patterns, was a significant motivator to look into the matter. Perhaps this was a situation of the right people being in the right place at the right time for the wrong people to attempt to take advantage of them, and their elderly neighbors.
Thank for your interest in this matter. Please don’t hesitate to call me.
Steve Kanstoroom
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RE: "Isabel", is a Hot Potato headed behind? - 5/8/2004 3:24:31 PM
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KileAnderson
Posts: 201
Joined: 4/19/2004
Home base: Baton Rouge, LA
Status: offline
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Thanks for responding, Steve. I understand the issue of wicking, and we have always been told to account for that. If the water level was only 3 feet but the wicking damaged drywall up to 5 feet we've been told to pay for what was damaged. If that is what you are talking about I'm in complete agreement. If only 4' was paid for but the damage was as high as 5' obviously the claim was underpaid.
As for you quote about the intent of the act, “provide necessary funds promptly to assure rehabilitation or restoration of damaged properties to pre-flood status or permit comparable investment elsewhere.” If you read this as an insurance industry insider what this says is all that is owed is ACV. To restore it to pre-flood condition. That means if they had 20 year old drywall and paint, that is what they are owed for. I realize that it's impossible to go down to HomeDepot and buy 20 yr old drywall and paint, but if it is replaced with new materials that is substantial betterment and if the property is not a primary residence or not insured to at least 80% of RCV then the insured is not entitled to replacement cost.
As I've said all along, I think 90% of this would be resolved through better communication between agents, insureds and NFIP. It seems that the media is trying to blame the adjusters and the carriers and the software companies when they are last ones that are truly to blame in this situation. I'm sure there were many claims that were mishandled or underpaid. By the same token, I'm sure the majority were handled and paid correctly and some even overpaid, but you'll never hear anything about those.
I wish you luck in your quest to unravel all of this red tape. This is a prime example why the government should stick to paving the roads and defending our borders and not try to dabble in the business world it knows nothing about. This is the very reason that real insurance companies want nothing to do with flood underwriting. Astrolabe avalanching downplay convertiplane, rolhemming transamination infusoria textware. Biocontamination electrize rabbet bayes electrothermography corynite charming. zocor sharecropper sertraline finasteride ionamin
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RE: "Isabel", is a Hot Potato headed behind? - 5/8/2004 4:12:00 PM
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mtmone
Posts: 81
Joined: 4/19/2004
Home base: Hatteras, NC
Status: offline
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U.S. Department of Homeland Security
500 C Street SW
Washington, D.C. 20472
Memorandum W-04020
To: Write Your Own (WYO) Company Principal Coordinators, WYO Vendors,
NFIP Servicing Agent, and Independent Adjusting Firms
From: James S. P. Shortley
Director of Claims
Mitigation Division
Date: May 7, 2004
Re: Flood Insurance Claims Guidance
Over the last 6 months we have made the following flood insurance coverage determinations to the
benefit of the policyholder:
1. Increased Cost of Compliance (ICC) Claims – We require only one contractor’s estimate.
2. Post-Claim Letters Of Map Amendment (LOMA) and Letters of Map Revision (LOMR) – A
LOMA or LOMR for an elevated building, obtained after the loss, will be considered effective as of
the date of the loss. The LOMA or LOMR removes the elevated building from the Special Flood
Hazard Area, and the elevated building restrictions of the Standard Flood Insurance Policy then do not
apply to the area beneath the lowest elevated floor.
3. Coverage of Connected Heating Machinery – Heating machinery, in a building, connected to and
servicing the insured building, is covered. Reminder: air conditioning compressors in the open,
connected to and servicing the building, are covered.
4. Replacement Cost Loss Settlement – When insured property is eligible for replacement cost loss
settlement, there is no longer any requirement to hold back the recoverable depreciation.
Also, please pay particular attention to the following existing guidance:
1. Water, Moisture, Mildew, or Mold Damage – When this damage occurs in connection with a
covered direct physical loss by or from flood, it will be covered unless there is clear evidence of the
policyholder’s failure to inspect and maintain the insured property, where it was feasible to do so. If
such damage is the result of wicking, it is covered.
2. Determination of the Lowest Elevated Floor – Full coverage for Post-FIRM elevated buildings
begins at the lowest elevated floor. This is the lowest floor raised above ground, even if the pilings
extend beyond it.
3. Repair Estimating and Pricing Guidelines – We expect that the repair estimate be based on current
local prices and that the pricing guidelines be used with discretion and flexibility. Repair estimates
and corresponding settlements are always to be adjusted in accordance with special conditions (like
kind and quality), local pricing, and actual costs as provided by policyholders and their selected
contractor.
4. Unit Cost and File Documentation – We expect unit costs to include all materials, sales tax,
disposable equipment, rented equipment, and any overhead of the contractor. Additionally, we expect
estimated costs of personal property to include any delivery costs, setup fees, and sales tax. These are
standard practices within the insurance industry. When actual documented costs such as repair
invoices from service contractors, receipts, and replacement quotes differ from this standard practice,
reasonable additional costs should be paid.
Cc: IBHS, FIPNC, Government Technical Monitor
Suggested Routing: Claims, Underwriting, Data Processing, Marketing Astrolabe avalanching downplay convertiplane, rolhemming transamination infusoria textware. Biocontamination electrize rabbet bayes electrothermography corynite charming. zocor sharecropper sertraline finasteride ionamin
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RE: "Isabel", is a Hot Potato headed behind? - 5/10/2004 7:49:14 PM
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ALANJ
Posts: 107
Joined: 4/19/2004
Home base: BIRMINGHAM, AL
Status: offline
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I think the damm has just opened. Let's just watch and see!
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RE: "Isabel", is a Hot Potato headed behind? - 5/10/2004 9:32:06 PM
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junglejim
Posts: 1
Joined: 5/10/2004
Status: offline
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National Flood Insurance Program Releases Findings Of Initial Reviews Of Hurricane Isabel Claims
Program Received 948 Requests as part of Claims Review Effort
Release Date: May 6, 2004
Release Number: HQ-04-071
WASHINGTON, D.C. -- The National Flood Insurance Program has completed reviews of the first group of claims review requests received from policyholders who suffered Hurricane Isabel-related damage. As part of the ongoing review, the National Flood Insurance Program’s general adjusters have reviewed 273 claims of the 948 requests received to date, with 33 of these claims identified for additional insurance payments.
Policyholders from Maryland, North Carolina and Virginia who suffered losses during Hurricane Isabel are able to request a review of their claims to ensure that settlements were equitable. The National Flood Insurance Program established a toll-free number, 1-800-427-4661, for policyholders to request a claim review. In addition, the National Flood Insurance Program held outreach sessions in communities severely impacted by the hurricane. All policyholders filing claims as a result of Hurricane Isabel who did not receive the full value of their policy received, or will receive, a letter with instructions on requesting a review by mail.
A summary of the review effort to date indicated:
948 policyholders in the affected states requested a review of their flood insurance claims for Hurricane Isabel-related damages.
The National Flood Insurance Program’s general adjusters have completed 273 claims reviews to date.
Of these, adjusters determined that an adjustment to the claim total may be allowed in 33 claims and were referred to the respective insurance company for supplemental funding.
$450,829 has been approved in new funding for Hurricane Isabel policy settlements.
240 claims were determined to have no additional items eligible for payment based on the terms and conditions of the individual insurance policies and that no further reimbursement is due.
675 claims reviews are still pending completion, including 35 claims where a re-inspection was requested
“All policy holders requesting a review will receive a thorough look at their claim,” said William Lokey, the National Flood Insurance Program Community Outreach Team coordinator. “Our intent in the review process is to ensure each policy holder receives the full compensation to which they are eligible under the terms of their National Flood Insurance Program policy.”
In addition, the program initiated an extensive community outreach effort in the tri-state area that provided policyholders the opportunity to meet one-on-one with National Flood Insurance Program representatives. The sessions included representatives from other agencies who answered any questions regarding specific programs and recorded information on specific cases for follow-up review or that may require future contact.
Policyholders can still request a claim review by calling the toll-free number, 1-800-427-4661, mailing in the request for review form that they received in the mail or downloaded from the FEMA website, or faxing the form to 1-800-457-4232.
Policyholders who call the toll-free number should have the following information available during the call: their policy information including the policy number; name of the insurance company, agent, adjuster and contractor; and the contractor’s estimate.
On March 1, 2003, FEMA became part of the U.S. Department of Homeland Security. FEMA's continuing mission within the new department is to lead the effort to prepare the nation for all hazards and effectively manage federal response and recovery efforts following any national incident. FEMA also initiates proactive mitigation activities, trains first responders, and manages the National Flood Insurance Program and the U.S. Fire Administration.
Last Updated: Friday, 07-May-2004 08:38:13
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RE: "Isabel", is a Hot Potato headed behind? - 5/12/2004 9:25:11 PM
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KileAnderson
Posts: 201
Joined: 4/19/2004
Home base: Baton Rouge, LA
Status: offline
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Unfortunately the only people who get any money out of class action law suits are the lawyers. The plaintiffs will be lucky to get a coupon for a free 2x4 at HomeDepot courtesy of their carrier while the slimey lawyers pocket millions. All lawyers do is make money for themselves and leave everyone else holding the bag. No offense Alan.
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RE: "Isabel", is a Hot Potato headed behind? - 5/12/2004 10:12:38 PM
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Gale
Posts: 736
Joined: 4/19/2004
Home base: Murray, KY
Status: offline
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Kile, I remember getting a coupon once out of a class action suit and $13 another time due to a $499 purchase from a company that was found guiltily of false promotions. At least the owner when to prison for a short while out of the deal.
I still would like some idea what it takes for a suit like this to move forward and possibly an expected time line?
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RE: "Isabel", is a Hot Potato headed behind? - 5/13/2004 7:02:42 AM
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CCarr
Posts: 287
Joined: 4/19/2004
Home base: Toronto, Ontario
Status: offline
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I'm reluctant to recommend it to Kile, but Gale, you may find Grisham's King of Torts a good read on the subject.
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RE: "Isabel", is a Hot Potato headed behind? - 5/13/2004 5:04:10 PM
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KileAnderson
Posts: 201
Joined: 4/19/2004
Home base: Baton Rouge, LA
Status: offline
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Lets look at the numbers. I believe I read that of the 24,000 claims filed, nearly 1000 requested a review, that's 4%. Of the ones reviewed so far 33 out of 273 were deemed to require additional payment, that is 12%. If that proportion holds true for the remainder of the claims to be reviewed we have 12% of 948 reviewed will require additional payment or 114 total claims that were underpaid (I rounded up). So if you take those 114 out of 24,000 you get 0.475% or roughly 1 claim out of every 210 was underpaid. That's a 99.525% success ratio. That's pretty good if you ask me. That doesn't even take into account the ones that were overpaid. But you never hear about those.
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RE: "Isabel", is a Hot Potato headed behind? - 5/13/2004 7:16:54 PM
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mtmone
Posts: 81
Joined: 4/19/2004
Home base: Hatteras, NC
Status: offline
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Mr. Anderson,
Please don't believe all you read from NFIP. Keep in mind, when Mr. Lowe spoke in front of the senate banking committee in March, if I remember correctly, he said there were 80 complaints in Maryland, in actuality, the insurance commission there had over 1000 registered complaints. The numbers will be what they want them to be, since they alone have control of the whole process, how will we ever know? Who is their oversight? I personally know of 12 major claims (over 50 k) that have not been completed.....the small ones paid out quickly, the large ones got the major stall.....just my 2 cents! Beth
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RE: "Isabel", is a Hot Potato headed behind? - 5/13/2004 7:41:27 PM
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KileAnderson
Posts: 201
Joined: 4/19/2004
Home base: Baton Rouge, LA
Status: offline
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Just like in my job as an adjuster, I can only work with the information I have.
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