Specific wording is extremely important when filing a claim with your insurance company. The terminology used can alter details such as the amount of covered loss, applied deductibles, etc., depending upon your policy. This is especially true when filing a first-time water related claim and it is crucial to be very definitive when describing the cause of loss.
Many policy holders make the mistake of categorizing various types of water loss as ‘flooding’. For instance, an overflowing dishwasher, water entering a home from outside due to rising water, or a burst pipe which fills an entire floor with a foot of water. In actuality, the only circumstance technically classified as ‘flooding’ would be water entering the home from outside due to rising water. The legal definition of a ‘flood’ in the insurance industry is a general and temporary condition where two or more acres of normally dry land or two or more properties are inundated by water or mudflow. A flood can occur any place where there is rain. Typically, a home insurance policy does not cover actual flooding and a separate flood policy is required. All flood insurance policies are provided directly by the National Flood Insurance Program (NFIP), even when purchased through an insurance company. Confirm with your insurance agent to make sure your property has adequate flood coverage. Some insurance companies will outright deny a claim if the term ‘caused by flood’ is phrased, despite further explanations. For example, notice the difference between saying ‘the damage was caused by flooding’ versus ‘my first floor has a foot of water caused by (cause of loss)’. Accurately describing the cause and damage of the excess water in your home is essential! To be safe, avoid the words ‘flood’ or ‘flooding’ as this refers to a particular type of loss and water. Do not use these terms to reference an amount of water because they are easily misconstrued and may lead to denied or underpaid claims per your policy. Flood insurance is especially encouraged for people who live in Central to Eastern Texas. We live in a strange time where many places that have NEVER before flooded are receiving record rainfall. It is heartbreaking to see people who experience property loss without sufficient insurance coverage. Flood insurance is available to everyone, do not get caught unprepared! Please don’t hesitate to contact our certified public adjusters for any questions concerning flood insurance or your own claim. As always, we offer free consultations! RELATED LINKS: www.messtx.com © 2016 MESSTX.com
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Hurricane season is here to stay for a while and when disaster strikes, homeowners become distraught when their insurance policies do not sufficiently cover all the damage/loss. Hurricanes are capable of producing hail, high waves, wind-driven debris, increased water levels, and heavy winds and rain. It is imperative to verify your desired coverage entitled under your homeowners policy with your insurance agent in order to withstand this year’s hurricane season.
Flooding is a likely occurrence when hurricanes or resulting tropical storms hit land. Unlike the other catastrophes mentioned, however, flooding is not covered in basic homeowner policies. Flood insurance is available to everyone and is essentially only provided by one entity, the National Flood Insurance Program. As of now, every residential, dwelling, and commercial property location within the United States is considered to be in a flood zone and qualified for flood insurance. Although some areas are higher risk than others, all are considered at-risk. Here are a few interesting facts about flood insurance: * If you do not have flood insurance, the only way to receive assistance from a government entity such as FEMA is if the flooding has been declared a presidentially declared disaster. * You do not have to be in a state of disaster in order to file a claim against your insurance policy. * Flood insurance covers various situations resulting in flooding, not just severe storms. * A 30-day grace period is granted before your flood insurance policy goes into effect. Only a small percentage of Americans carry flood insurance although flooding is a frequent problem. I strongly urge every home and business owner to invest in flood insurance and avoid the undue stress and risk of heavy financial responsibility when disaster strikes. RELATED LINKS: www.messtx.com © 2016 MESSTX.com Grammar seems to be evolving in an extraordinary way with each passing decade; a new and altered usage of basic words and punctuation marks such as apostrophes, colons/semicolons, parentheses, commas, and other tools for constructing effective written communication has taken precedence over age-old practices.
Commercially speaking, consumers want clear, specific, and understandable communication sans any unaware or hidden disclaimers. As these new grammatical changes continue to culturally increase, what effect will they have on the language that lawful contracts are built upon and the future of contractual obligations? Many clients in the insurance industry rely heavily on the agents who furnish their contracts to explicitly translate them. Policy interpretation is not easy and even the most tenured agents must dedicate themselves completely when reading and interpreting a policy. The misplacement of a comma or omitting a semicolon can easily influence the acceptance or denial of a claim. For example, in the case of Rokeach v. Hanover Insurance Company, 2015 WL 2400097, U.S. Dist. LEXIS 6580 (May 19, 2015, S.D.N.Y.), the simple fact that parentheses were omitted from the word 'occurrence' deemed it necessary for the insurance company to deny a claim for theft. Personally analyze or ask your own trusted legal advisors to review your insurance policies for any ambiguous language. If you find yourself in the difficult situation of a denied claim due to supposed policy language, Morgan Elite Specialist Services will be happy to provide a second professional opinion. Our certified public adjusters are unbiased and will review your policy and assist in confirming or disproving the decision of your insurance company. We offer free consultations. RELATED LINKS: www.messtx.com © 2016 MESSTX.com If you live in Texas within a 200 mile radius from the gulf, you may have experienced the plague of torrential downpour we have experienced since the beginning of 2016. Well, more rain is predicted for this week and complicating the situation even further, hurricane season is in full swing with no sign of stopping!
Tropical storms, depressions, and hurricanes will not only bring added rainfall and flooding, but also strong winds and possible cold fronts. High mileage wind gusts along with driven rain can cause excessive damage to homes and property. Sudden changes in temperature can likewise dangerously compromise pipes and other sensitive components. Being adequately prepared is imperative to ensure safety and minimal property damage when disaster strikes. Following are a few suggestions to help you be ready for future storms:
Take precautionary measures to safeguard your home if it lies in the general path of a hurricane. Board up windows and tie-down or put away anything that is not fixed to the ground outside such as patio furniture, dog houses, etc.
As always, Morgan Elite Specialist Services is here to help! Our certified public adjusters will assist with issues such as translating your policy, misinterpretation, and failing to honor policy provisions. We offer consultations free of cost. RELATED LINKS: www.messtx.com © 2016 MESSTX.com Per the insurance field, collapse is a broad term that is typically defined and applied according to individual policy details. Collapse insurance will usually repair/replace a roof that has fallen or caved as a result of policy approved weather related circumstances or if the entire structure collapses, falls in on itself, or the structural integrity has been compromised due to a covered cause.
Interestingly, many claims and losses involving collapse end in litigation. The reason necessary for legal action is commonly due to the ambiguous interpretations of ‘collapse’ by insurance companies and policy holders alike, neither being able to agree on the actual definition and outlines of coverage. Depending on the case, courts and juries can also interpret the definitions differently which is merely a professional narrative and should not be applied to personal policies or claims involving collapse. Like all insurance policies and claims, each one should be individually investigated based on its own merits. Always involve the corresponding insurance agent with any questions concerning the interpretation of your insurance policy. Our certified and experienced public adjusters at Morgan Elite Specialist Services can certainly assist you in a claim due to collapse and offer free consultations. We love to hear from you! Please feel free to leave a comment or reach us through the ‘Contact Us’ tab at the top of our page. RELATED LINKS: www.messtx.com © 2016 MESSTX.com |
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