If your plumbing system is cast iron pipe, your home may be a disaster waiting to happen.

Most homes built prior to 1975 used cast iron pipe plumbing, which was the standard up until that time.  Unfortunately, these pipes are subject to the build up of corrosion and rust on the inside of the pipes.  If these iron pipes fail, leaks and other water damage may cause thousands of dollars of damage to your home.

As sewage and waste flows through the cast iron pipe, a chemical interaction causes the creation of hydrogen sulfide gas.  This hydrogen sulfide gas will then oxidize and produce sulfuric acid, which is highly corrosive to the interior walls of the iron pipe.  Many drain cleaners also contain sulfuric acid, and the use of these products can greatly accelerate the reduction in the lifespan of iron pipes.  

The thickness of the cast iron pipe walls may also vary widely due to the manufacturing process.  The sulfuric acid will cause damage most quickly on the portions of the pipe with the thinnest walls.

CALL TODAY FOR A FREE CONSULTATION ON YOUR CAST IRON PIPE DAMAGE CLAIM – 1 (800) 451-6786

Although you may not have much warning prior to the failure of these iron pipes, there are several signs which may indicate the buildup of rust or other corrosion in your pipes.  These signs include: 

  • Visible Leaks   
  • Backups or Slow Draining 
  • Bad Odor 
  • Discoloration of Water, Sinks or Other Fixtures 
  • Cracks in your Foundation 
  • Rodent or Insect Infestation 
  • Puddles of water 
  • Mold Growth 
  • Abnormal Lawn Growth 

If your home has cast iron pipes, you should immediately check for any damage or visible leaks in your plumbing system.  If you have any doubt whatsoever regarding your cast iron pipes, you should contact a professional to fully evaluate your plumbing system for leaks, corrosion or other issues that could cause a plumbing failure.  Understand that it is not a question of “if”, but a question of “when” your cast iron pipes will fail due to corrosion and rust.

CALL NOW FOR A FREE CONSULTATION ON YOUR CAST IRON PIPE DAMAGE CLAIM – 1 (800) 451-6786

Although policy language varies, most property insurance policies provide coverage for the replacement of your damaged pipes and the cost to access your plumbing system.  This is important because the damaged pipes may be under your foundation.

Lastly, you should always consult with an insurance claim lawyer prior to placing your pipe damage claim.  Insurance companies often try to deny pipe damage claims based on carefully worded exclusions, so it is crucial to fully understand the nature of your claim prior to speaking with the insurance company.

Our firm has over twenty years of making insurance companies pay claims to their policyholders.  Contact our office today for a FREE strategy session regarding the best way to obtain coverage for the replacement of your failing pipes

Now that Hurricane Michael has caused devastation through Panama City, Mexico Beach, Tallahassee, and the Florida panhandle, property owners are now facing the damage left behind by the storm.  Although homeowners may be overwhelmed by having to now navigate a hurricane insurance claim, there are – at least – 9 things that property owners should NOT do after a hurricane property damage loss.

1.   Do NOT return to your home until it is safe to do so.  First responders are going to be busy searching for survivors and helping those with critical needs. Do not make their job more difficult by attempting to gain access to your property before you have been given authorization by your local officials to return to the area.

2.   Do NOT automatically throw away all possibly damaged items. Salvage the items and property that can be saved and take pictures of any items that are beyond repair. Although on first glance much of your property may look like it has been totally destroyed by either wind or water intrusion, you may be able to preserve a substantial amount of your property by securing it from further harm.

Not only will this allow you to save some of your valued property, but your insurance company will probably require that you do what you can to protect your property from further harm and to mitigate the damage from the storm.

3.   Do NOT wait to contact your insurance company. The sooner you contact your insurance company, the sooner they can send a representative to your property to assess and compensate you for your hurricane insurance claim. The longer you wait to place your claim, the longer you may have to wait for an insurance representative to come to your home (you will not be the only one placing a claim after the storm).

Also, your insurance policy most likely has a “prompt notice” requirement, which will mandate that you give your insurance company notice of your claim as soon as possible after the loss event.

4.   Do NOT let the insurance company representative fail to investigate the full extent of hurricane insurance claim. Many times insurance adjusters will only take a cursory review of your property or purposely fail to explore portions of your home that may be damaged.

The most common example is when the adjuster says that he does not need to go onto your roof to see if it is damaged. Make sure the adjuster evaluates all of the damage to your home and, if he does not, make sure to document what portions of your home were not evaluated by the adjuster.

5.   Do NOT “diagnose” your damages to the insurance adjuster. Many property owners feel the need to “diagnose” the cause of the damage to their home to the insurance representative. Property owners sometimes try to tell the insurance representative what they think could be the cause of damage – not knowing that many times the property owner’s diagnosis could lead to the damage not being covered!

For example, if a property owner incorrectly tells the adjuster that certain damage was from “flood” as opposed to “wind”, the adjuster may deny an otherwise valid wind claim based on the property owner’s (inaccurate) representation. As a property owner, your job is to point out the damage – let the insurance representative come to his own conclusions as to the cause of the loss.

6.   Do NOT stay in your home if it is not safe to do so. If your home is rendered uninhabitable after the storm, there is a portion of your policy which will reimburse you for any out of pocket expenses you incur while you are displaced from your home. This coverage is called Alternative Living Expense and should pay for any additional expenses that you incur (over and above expenses you would have normally incurred) while your home is being repaired.

7.   Do NOT feel that you have to accept the insurance company’s initial estimate as to the amount of your loss. After a hurricane damage loss, the insurance company’s goal is to “close” as many claims as they can in the shortest amount of time.  While in pursuit of this goal, insurance companies will often (if not always) undervalue the true cost to repair the damage – which leaves you with not enough money to fully repair and restore your property. You have the right to dispute the insurance company’s estimates and to fight for the full value of your loss.

8.   Do NOT try to handle a Hurricane Insurance Claim without professional assistance. The repair of your home after a catastrophic loss is just too important for you to try and make it a “learning experience”. There are just too many tricks and technicalities involved with the placement of a property insurance claim (Actual Cash Value vs. Replacement Cost Value? Post-loss Proof of Loss requirements? Water vs. Wind vs. Mold losses?) to attempt this process without help.

Additionally, since most property loss professionals work on a contingency fee basis, there are no up-front fees or costs and these professionals are only paid if they can obtain additional insurance funds on your behalf.  Since it costs you nothing to hire a property loss attorney or public adjuster, why would you not want get the benefit of a professional and let them take care of the headaches?

9.   Do NOT hire a property loss attorney or other professional based solely on television or billboard advertisements. Just because the law firm spends a lot of money on television or other advertisements, it does not mean they are qualified to handle your claim. Make your hiring decision based on a review of the law firm’s qualifications, experience, testimonials, and past successes in cases similar to yours.

As always, should you have any questions whatsoever with regard to the property insurance claim process, we would be happy to speak with you.  Usually with just a brief phone call, we can answer any questions you may have and provide whatever assistance you may need.

If You Have Questions Regarding Your Storm Damage Claim – Call (800) 451-6786 for Immediate Help.

After a loss, an insurance company will often mandate that the policyholder complete and sign a form called a Proof of Loss regarding the damages claimed by the policyholder. A Proof of Loss is a one page form (possibly with attachments) that is usually provided to the policyholder by the insurance company.

The Proof of Loss form requests specific information from the policyholder regarding the date and time the loss occurred, type of loss claimed, the available insurance policy limits, and the exact amount of damages sought by the policyholder. The Proof of Loss form may also mandate that the policyholder attach any damage estimates or other calculations that support the policyholder’s claims.

If you have any questions regarding the insurance claim process, please do not hesitate to call us at (800) 451-6786.

The policyholder must fill out this Proof of Loss form completely, sign it in front of a notary, and then timely provide the notarized Proof of Loss back to the insurance company. The insurance policy usually mandates that the policyholder has to provide the signed Proof of Loss within 60 days of the insurance company’s request.

Do I Have to Provide a  Proof of Loss?

The most important issue relating to a Proof of Loss is that if the insurance company requests the provision of an executed Proof of Loss, the policyholder MUST comply with this request prior to filing suit against the insurance company or otherwise moving forward with the claim. If the policyholder fails or refuses to provide the signed Proof of Loss along with all the requested information, this failure may be deemed a “failure to cooperate” with the insurance company’s investigation of the loss and could become a complete bar to payment on the loss.

If your insurance company requests that you provide a Proof of Loss in support of your claim, it is highly advised that you obtain the assistance of a qualified insurance claim lawyer that has experience dealing with the tactics used by insurance companies to deny damage claims.  Please feel free to call our office with any questions you may have about a Proof of Loss or if we can be of any assistance with any other part of your insurance damage claim.

Although the terms Actual Cash Value and Replacement Cost Value are not commonly used outside of property insurance disputes, they can have a substantial effect on the amount of money you receive from your insurance company after a loss.

After your insurance company determines that your insurance policy provides coverage for your loss, the insurance company has various ways to calculate the value it will pay you for your lost or damaged property.  There are two main methods by which the insurance company calculates the value of your damaged property – Actual Cash Value and Replacement Cost Value – both of which will be discussed in detail below.

Actual Cash Value

Actual Cash Value (“ACV”) represents the actual dollar value of the damaged item in its depreciated, but not damaged, condition.  Replacement Cost Value (“RCV”) represents the cost to actually rebuild or replace the damaged item with a new one. For example, let’s say your five year old 55” television was destroyed by a covered cause of loss. Since television prices are constantly dropping, the television you paid $1,000.00 for five years ago may now have a present “actual cash value” of only $200.00, which represents what you could actually sell a five year old television for today.

Replacement Cash Value

On the other hand, let’s say the cost today to replace your damaged television with a brand new 55” television is $800.00 – which would represent the Replacement Cost Value of the television. Replacement cost insurance is designed to cover the difference between what property is actually worth and what it would cost to rebuild or repair that property. In essence, it is insurance to protect the depreciation of the insured property.

Under current law, most insurance policies provide that the insurance company only has to initially pay the value of the damage on an Actual Cash basis. Later, after the insured has completed the repairs or replaced the damaged item, the insurer then has the obligation to pay the additional amount of money necessary to bring the payments up to the Replacement Cost Value of the loss.

If You Have Questions Regarding Your Property Insurance Claim – Call (800) 451-6786 for Immediate Help.

It is important to note that the replacement or repair of the damaged property must actually occur, otherwise the insurer has no obligation to provide the additional replacement cost reimbursement under the policy.  If the policyholder fails to make the repairs or replace the damaged property, the insurer is only required to pay the actual cash value of the loss.  Similarly, if the policyholder performs the full extent of the repairs for less than the amount of the initial Actual Cash Value payment, the policyholder is not entitled to then seek additional Replacement Cost Value funds (as the initial ACV payment was sufficient to fully repair/replace the item).

Lastly (and perhaps most importantly), the insurance company does not have the unbridled right to determine the Actual Cash Value of your damages – or the Replacement Cost Value, for that matter.  As a policyholder, you have the right to question the insurance company’s damage payment and to determine whether such payment is sufficient to fully compensate you for your loss.  Should you have any questions whatsoever with regard to your insurance claim, contact our office and we would be happy to discuss your claim with you.

 

Roof damage is the most common type of hurricane insurance claim we see after a hurricane, wind storm or hail event.  Wind from hurricanes and tropical storms can cause substantial roof damage – whether just a few loose shingles or the total destruction of the entire roof structure.  Even worse, any opening in your roof can cause water to enter your home and devastate your belongings.  Hail can also cause severe damage and greatly reduce the functional life of your roof.

If You Have Questions Regarding Your Storm Damage Claim – Call (800) 451-6786 for Immediate Help.

After a roof damage loss, it is crucial to get your roof repaired or replaced as soon as possible.  The longer you wait, the more time there is for additional damage to be caused by water loss.  On the other hand, if full repairs are not completed and only a quick patch job is performed, you may be asking for an even greater problem down the road.

The question whether to repair or replace a damaged roof is hotly debated by insurance companies and their policy holders.  During this epic struggle, you will most likely hear terms and phrases such as the “25% Rule”, the brittle shingle test, asphalt granular shingle loss and shingle bruising.  In order to help better understand your insurance claim, we’ve provided a quick summary of these terms below.

The 25% Roof Replacement Rule of the Florida Building Code

The most commonly referenced roof damage term is the 25% Rule.  The 25% Rule arises out of Section 708.1.1 of the Florida Building Code.  The pertinent portion of this Code Section states as follows:

Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12 month period unless the entire roofing system or roof section conforms to requirements of this code.

There are a couple of important points to keep in mind with this Code Section.  First, if a more than 25% of your roof is damaged – either from a fallen tree, high winds, or otherwise – then the entire roof must be replaced.  If less than 25% of any portion of your roof is damaged, then (at least pursuant to this Code Section) the roof can just be repaired or patched.  Secondly, the 25% can be measured by any given section of the roof.  If more than 25% of any given section of the roof is damaged, then that section must be replaced and not merely repaired.  Thirdly, there is a 12 month time frame over which this 25% is calculated.  For example, if the initial damage does not reach the 25% threshold for replacement, but then over the next 12 months, additional repairs are required that cause the damage to go beyond the 25% threshold, then the entire roof section must then be replaced.

The Brittle Shingle Test

The brittle shingle test is a super scientific testing method whereby an inquisitive person picks up a shingle, tries to fold or bend the shingle up to a 90 degree angle, and then checks to see if the shingle breaks or bends.  If the shingle breaks, then the shingle is brittle and the roof probably needs to be replaced.  If, on the other hand, the shingle is still pliable and bends, then the roof is not a candidate for replacement (or so the insurance representative would say).  This testing method is clearly subject to many variables (temperature of shingle being tested, etc.), but is often used by insurance companies as “proof” that the roof shingles are still functional.

Shingle Granular Loss

Asphalt granular shingle loss is generally calculated to occur at about a 3% rate per year.  Unfortunately, damage from wind or bruising by hail can accelerate this loss by anywhere from 15% to 40%.  Even if the damage doesn’t totally destroy the shingle or make an opening all the way to the matting, the artificially accelerated “aging” of your roof may be a covered loss under your insurance policy.  The theory is that prior to the storm you had a roof with (hypothetically) 15 years of remaining life, but now after the storm damage, you left with a roof with only 5 years of useful life left.

Shingle Bruising

Shingle bruising is usually caused by hail damage.  When hail strikes an asphalt shingle, it can cause a localized loss of granules, usually circular in shape, to the shingle and a fracture in the mat beneath the shingle.  The damage to the mat is usually referred to as a bruise and can be indicative of damage to the functional ability of the roof.  Bruising and hail damage to a roof can cause a diminution of the water shedding ability of the shingle and a reduction in the functional life of the roof.  Bruised shingles need to be replaced as such damaged shingles are no longer able to keep water and other elements from entering the structure.

Get Experienced Help for your Hurricane Insurance Claim

Please know that many of these determinations are very subjective and, unless you have a working knowledge of building construction and a mastery of the coverages available under your insurance policy, you may not be best equipped to handle your property damage claim by yourself, and may want to discuss your claim with an experienced property insurance claim attorney.  Should you have any questions whatsoever, please contact our office and we will help guide you through whatever issues you may have with your insurance damage claim.

 

After a hurricane, storm or other disaster, you hoped that your property insurance company would honor your claim and pay for your damages.  After all, you purchased homeowners insurance with the expectation that, if a catastrophic loss ever occurred, your insurance company would provide for the repair of your property back to its pre-loss condition.  Unfortunately, as many homeowners are now experiencing after Hurricane Irma, property insurance companies do not always live up to policyholders’ expectations.

If You Have Questions Regarding Your Storm Damage Claim – Call (800) 451-6786 for Immediate Help.

During the initial inspection, the insurance company’s adjuster may have even indicated to you that your damages would be covered and that the insurance company would “take care of everything”.  Then, after not hearing from the adjuster for a few weeks, you received a check in the mail for not only substantially less than you hoped for, but nowhere near enough to repair all of your damages.  What happened?

Denying Claims Based On Pre-Existing Damage Defense Or Other Exclusions

The insurance company’s first weapon to underpay your claim is the denial of all or a large portion of your damages.  This denial could be a claim that your damage pre-existed the insurance policy period, that your damage was not the result of the subject weather event, that your damage is specifically excluded under the policy, or any other reason manufactured by the insurance company.

Limiting Scope of Repairs and Undervaluing Value of Damages

If the insurance company cannot find a way to deny your claim, they will then try to underpay or undervalue the cost of repairing your damage.  The insurance company will attempt to limit the scope of your repairs (the actual items to be repaired) and/or limit the actual cost allowed for such repairs.  Insurance companies have created quite a cottage industry for contractors, adjusters, and other “experts” who are retained specifically for the purpose of minimizing the valuation of your damage claim.

Aggressively Depreciating the Value of Your Property

The insurance company’s next weapon is the application of depreciation.  Pursuant to Florida law, the insurance company only has to pay the Actual Cash Value of your damages after a loss.  In short, Actual Cash Value (ACV) is the “garage sale value” of your items, and not the current cost to repair or replace same.  It is only after you totally repair or replace the damaged items that the insurance company has the obligation to pay the Replacement Cost Value (RCV) of your damaged items.  The insurance company takes the Replacement Cost Value of your damaged property, and then subtracts an estimated “depreciation” amount in order to get the Actual Cash Value which it pays to you.  As you can imagine, this process is replete with subjective calculations (who says what the current value of my two year old TV is?  How is my roof depreciated by 40% in four years?) and the subject of many disputes.

Applying High Hurricane Deductibles

Perhaps the biggest – or at least, the most apparent – slap in the face by the insurance company is the application of a deductible to your loss payment.  If your loss is not the result of a hurricane or named storm, the deductible may only be $1,000.00 or so, but if your damage is the result of a hurricane or named storm, then your deductible may be substantially higher.  We have written about the application of hurricane deductibles in a previous post, so we will ease the pain by not repeating that narrative here.  Needless to say, these deductibles can come as quite a shock – especially when the insurance company’s calculation of your damages somehow “magically” comes in at just below the amount of your deductible.

The presentation of an insurance claim for property damage from a hurricane or other type of loss can be a minefield.  Without the help of an experienced lawyer or other professional, you run the risk of having your property claim severely underpaid or even outright denied.  If you believe you are not being treated fairly by your insurance company, or if you just have questions regarding the process, please feel free to contact our office and we will do our best to assist you.

 

Even as the internet is full of Hurricane Harvey damage pictures, another storm is quickly approaching Florida from the eastern Atlantic.  Tropical Storm Irma – soon to be Hurricane Irma – is projected to be a major storm and may make landfall along Florida’s coastline.  The time is now to stop looking at flood pictures in Texas and realize that we could be in the same situation – or worse – if a major storm hit our shores.

Please take a moment to review my previous post on the crucial steps you need to take in order to protect your family during the storm.  Also, you can click here to download a detailed Hurricane Supply Checklist.  Make sure you obtain all or as many of these items as possible, because you may have to fend for yourself and your family for an extended period after the storm.

If you don’t already have adequate property insurance coverage, then it is mostly likely too late for you.  Sorry, but it is not like we didn’t warn you.  If you do have a solid policy of homeowners insurance, then at least you know that you will be able to seek recovery from your insurance carrier for any property loss you may incur.

If you have any questions regarding your property insurance coverage or need help with your claim, please either contact us online or call our office at (888) 898-5297.