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iii.settling ins. bro 2002   10/3/02   2:54 PM   Page a1




  Insurance
Information
    Institute          settling
                       insurance claims
                       after a disaster




                       What you need to know
                       about

                       s how to file a claim

                       s how the claim

                             process works

                       s what’s covered and

                             what’s not
iii.settling ins. bro 2002   10/3/02   2:54 PM   Page 2




   First Steps
                                                          If You Need to Relocate,
   to Settling                                            Keep Your Receipts
   Your Claim                                             If your home is severely damaged and you
                                                          need to find other accommodations while
                                                          repairs are being made, keep records of all
                                                          additional expenses incurred. Homeowners
                                                          insurance policies provide coverage for the
       Phone Your Agent or                                “loss of use” of your home, if it is damaged
       Company Immediately                                by an insured disaster.
       Insurance policies place a time limit on filing
       claims. Find out what the time limit is. Ask       Prepare for the
       questions: Am I covered? Does my claim             Adjuster’s Visits
       exceed my deductible? (Your deductible is the      Your insurance company may send you a
       amount of loss you agree to pay yourself when      claim form, known as a “proof of loss” form,
       you buy a policy.) How long will it take to        to complete. Or an adjuster may visit your
       process my claim? Will I need to obtain esti-      home first. (An adjuster is a person profes-
       mates for repairs for structural damage?           sionally trained to assess the damage.) In
                                                          either case, the more information you have
       Make Temporary Repairs                             about your damaged possessions — a
       Take reasonable steps to protect your property     description of the item, approximate date of
       from further damage. Save receipts for what        purchase and what it would cost to replace
       you spend and submit them to your insurance        or repair — the faster your claim generally
       company for reimbursement. Payments for            can be settled.
       temporary repairs are part of the total settle-
       ment. So if you pay a contractor a large sum       s You are going to need to substantiate
       for a temporary repair job, you may not have         your loss. Prepare a home inventory of
       enough money for permanent repairs. Beware           damaged or destroyed items and give
       of contractors who ask for a large amount of         a copy to the adjuster along with copies
       money up front and contractors whose bids            of receipts. Avoid throwing out damaged
       are very low — they might cut corners and            items until the adjuster has visited
       leave you with problems after they’re gone.          your home. You should also consider
       Don’t make extensive permanent repairs until         photographing or videotaping the
       the claims adjuster has been to your home and        damage. If your property was destroyed
       assessed the damage.                                 or you no longer have any records, you
                                                            will have to work from memory.




                             2                                                 3
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                                                          How the
      s Identify the structural damage to your
        home and other buildings on your                  Settlement
        premises, like a garage, tool shed or
        in-ground swimming pool. Make a list of
                                                          Amount is
        everything you would like to show the             Determined
        adjuster, for example, cracks in the walls,
        damage to the floor or ceiling and missing
        roof tiles. You should also get the electrical
        system checked. Most insurance companies          Type of Policy
        pay for such inspections.                         Replacement Cost and Actual Cash Value:
                                                          Replacement cost provides you with the dol-
      s If possible, get written bids from reliable,      lar amount needed to replace a damaged item
        licensed contractors on the repair work.          with one of similar kind and quality without
        The bids should include details of the mate-      deducting for depreciation — the decrease
        rials to be used and prices on a line-by-line     in value due to age, obsolescence, wear and
        basis. This makes adjusting the claim faster      tear and other factors. An actual cash value
        and simpler.                                      policy pays you the amount needed to replace
                                                          the item minus depreciation.
      s Keep copies of the lists and other docu-                 Suppose, for example, a tree fell
        ments you submit to your insurance                through the roof onto your eight-year-old
        company. Also keep copies of whatever             washing machine. If you had a replacement
        paperwork your insurance company gives            cost policy for the contents of your home, the
        you and record the names and phone num-           insurance company would pay to replace the
        bers of everyone you speak to.                    old machine with a new one. If you had an
                                                          actual cash value policy, the company would
      s Homeowners insurance policies usually             pay only a percentage of the cost of a new
        don’t cover flood damage. You need a              washing machine because a machine that has
        separate flood insurance policy. If you have      been used for eight years would be worth less
        flood insurance through the federal govern-       than its original cost.
        ment’s National Flood Insurance Program                  Suppose, also, that the tree damaged
        your homeowners claim adjuster may coor-          your 15-year-old roof so badly that it had to
        dinate claims for flood damage with other         be completely replaced. If you had a replace-
        damage claims.                                    ment cost policy, the insurance company
                                                          would pay the full cost of installing a new
                                                          roof. If you had an actual cash value policy, it
                                                          would pay a smaller percentage of the cost of
                                                          replacing it.


                             4                                                  5
iii.settling ins. bro 2002   10/3/02   2:54 PM   Page 6




       Extended and Guaranteed Replacement                 Policy Limits
       Cost: If your home is damaged beyond repair,        The value of most peoples’ insurance policies is
       a typical homeowners policy will pay to replace     adequate because the policies usually include
       it up to the limits of the policy. When the value   an inflation-guard clause to keep up with
       of your insurance policy has kept up with           increases in local building costs. If you have
       increases in local building costs, a similar        replacement cost coverage, your insurance
       dwelling can generally be rebuilt for an amount     company will pay the full cost of repairing or
       that is within the policy limits.                   replacing the damaged structure with a build-
               Some insurance companies offer a            ing of “like kind and quality.” In other words, if
       replacement cost policy that will pay a certain     you were adequately insured and lived in a
       percentage over the limit to rebuild your           three-bedroom ranch before the disaster, your
       home — 20 percent or more, depending on the         insurance company would pay to build a
       insurer — so that if building costs go up unex-     similar three-bedroom ranch.
       pectedly, you will have extra funds to cover the           Most insurance companies recommend
       bill. These are called extended replacement cost    that a dwelling be insured for 100 percent
       policies. A few insurance companies still offer     of replacement cost so that you have enough
       a guaranteed replacement cost policy that pays      money to rebuild if your home is totally
       whatever it costs to rebuild your home as it was    destroyed. You may not be fully covered if
       before the disaster. But neither an extended nor    you have made significant improvements on
       a guaranteed replacement cost policy will pay for   your house that have increased its value,
       the use of more expensive materials than those      such as enclosing a porch to create another
       that were used in the one that was destroyed.       room or expanding your kitchen, without
                                                           informing your insurance company of the
       Mobile Home: If you own a mobile home, you          changes.
       may have a policy based on replacement cost,
       actual cash value or, in a few cases, a “stated     Temporary Living Expenses
       amount.” With a stated amount policy, the           If you can’t live in your home because of the
       maximum amount you receive if your home is          damage, your insurance company will
       destroyed is the amount you agreed to when          advance you money to pay for reasonable
       the policy was issued. The depreciation in the      additional living expenses. The amount avail-
       value of your home is not considered in the set-    able to pay for such expenses is generally equal
       tlement. If you opt for the stated amount,          to 20 percent of the insurance on your home.
       update your policy annually to make sure that       So on a home insured for $100,000, up to
       the stated amount will cover the realistic cost     $20,000 would be available. This amount is in
       of replacing your mobile home. Check with           addition to the $100,000 to pay for repairs or to
       local mobile home dealers to find out what          rebuild your home. Some insurance companies
       similar homes sell for now.                         pay more than 20 percent. Others limit addi-


                             6                                                   7
iii.settling ins. bro 2002   10/3/02   2:54 PM   Page 8




       tional living expenses to the amount actually       Other Factors
       spent during a certain period of time, such as      Compliance with Current Building Codes:
       12 months, instead of a maximum percentage          Building codes require structures to be built to
       of the policy limit.                                certain minimum standards. In areas likely to be
              Among the items typically covered are        hit by hurricanes, for example, buildings must be
       extra food costs, increased housing costs, tele-    able to withstand high winds to reduce the risk
       phone or utility installation costs in a tempo-     of hurricane damage. If your home was damaged
       rary residence, and extra transportation costs      and it was not in compliance with current local
       to and from work or school. Insurance policies      building codes, you may have to rebuild the
       often discuss additional living expenses under      damaged sections according to current codes.
       the heading “loss of use.”                                 In some cases, complying with the code
                                                           may require a change in design or building
       Rebuilding and Making Repairs                       materials and may cost more. Generally, home-
       If your home was destroyed, you have several        owners insurance policies won’t pay for these
       options.                                            extra costs, but some insurance companies
       s You can rebuild your home on the same             offer an endorsement that pays a specified
           site.                                           amount toward such changes. (An endorse-
       s You can sell the land your old home was           ment is a form attached to an insurance policy
           built on and build in a different place, even   that changes what the policy covers.)
           another state.
       s You may decide that you want to rent a new        The Use of Public Adjusters: Your insurance
           home. If you decide not to rebuild, the set-    company provides an adjuster at no charge to
           tlement amount depends on state law, what       you. You also may be contacted by adjusters
           the courts have said about this matter, and     who have no relationship with your insurance
           the kind of policy you have. Find out from      company and charge a fee for their services.
           your insurance agent or company                 These are known as public adjusters. If you
           representative what the settlement amount       decide to use a public adjuster to help you in
           will be based on.                               settling your claim, this service could cost you
       Concerning repairs, suppose you decide to           as much as 15 percent of the total value of your
       change the flooring materials when you              settlement. Sometimes after a disaster, the per-
       rebuild. If you replace an expensive floor with     centage that public adjusters may charge is set
       materials that are cheaper, you are not entitled    by the insurance department. If you do decide
       to the difference in cash.                          to use a public adjuster, first check references
                                                           and qualifications by calling the Better
                                                           Business Bureau and your state insurance
                                                           department.



                             8                                                  9
iii.settling ins. bro 2002   10/3/02   2:54 PM   Page 10




                                                           The
       Compensation for Damage
       To Vehicles: If your car was damaged and
                                                           Payment
       you have “comprehensive” coverage in your           Process
       auto insurance policy, you should contact your
       auto insurance company. If your car has been
       so badly damaged that it’s not worth repairing,
       you will receive a check for the car’s actual       Disasters can make enormous demands on
       cash value — what it would have been worth if       insurance company personnel. Sometimes after
       it had been sold just before the disaster. Your     a major disaster, state officials request insur-
       local bookstore or library may have used car        ance company adjusters to see everyone who
       prices that will give you an idea of what your      has filed a claim before a certain date. When
       car was worth.                                      there are a huge number of claims, the dead-
                                                           line may force some adjusters to make a rough
       To Trees and Shrubbery: Most insurance              first estimate. If the first evaluation is not com-
       companies will pay for the removal of trees         plete, set up an appointment for a second visit.
       that have fallen on your home but they won’t        The first check you get from your insurance
       pay to remove the trees that have fallen and        company is often an advance. If you’re offered
       haven’t caused damage to your home. They            an on-the-spot settlement, you can accept the
       won’t pay to replace trees or shrubbery that        check right away. Later on, if you find other
       have been damaged in a storm because high           damage, you can “reopen” the claim and file for
       winds cause so much damage to trees and             an additional amount. Most policies require
       shrubs every year that if trees and other land-     claims to be filed within one year from the
       scaping were covered, homeowners insurance          date of the disaster. Remember that your
       would be unaffordable.                              insurance company won’t pay more than the
                                                           limits of the policy, unless you have an extend-
       From Water: Homeowners policies don’t               ed or guaranteed replacement cost policy.
       cover flood damage but they do cover other                  Some insurance companies may require
       kinds of water damage. For example, they            you to fill out and sign a “proof of loss” form.
       would generally pay for damage from rain            This formal statement provides details of your
       coming through a hole in the roof or a broken       losses and the amount of money you’re claim-
       window as long as the hole was caused by a          ing and acts as a legal record. Some companies
       hurricane or other disaster covered by the pol-     waive this requirement after a disaster if you’ve
       icy. If there is water damage, check with your      met with the adjuster, especially if your claim
       agent or insurance company representative as        is not complicated.
       to whether it is covered.                                   The choice of repair firms is yours. If your
                                                           home was adequately insured, you won’t have to



                             10                                                  11
iii.settling ins. bro 2002   10/3/02   2:54 PM   Page 12




       settle for anything less than you had before the    pute called “arbitration.” When settlement dif-
       disaster. Be sure the contractor is giving you      ferences are arbitrated, a neutral “arbiter”
       the same quality materials. Don’t get perma-        hears the arguments of both sides and then
       nent repairs done until after the adjuster          makes a final decision.
       has approved the price. If you’ve received
       bids, show them to the adjuster when he or          How You Will Receive the Money: When
       she arrives. If the adjuster agrees with one of     both the dwelling and the contents of your
       your bids, then the repair process can begin. If    home are damaged, you generally get two sep-
       the bids are too high, ask the adjuster to nego-    arate checks from your insurance comp-any.
       tiate a better price with the contractor you        If your home is mortgaged, the check for home
       would like to use. Adjusters may also recom-        repairs will generally be made out to you and
       mend firms that they have worked with before.       the mortgage lender (mortgagee). As a condi-
       Some insurance companies even guarantee the         tion of granting a mortgage, lenders usually
       work of firms they recommend but such pro-          require that they are named in the homeown-
       grams are not available everywhere. Make sure       ers policy and that they are a party to any
       contactors get the proper building permits.         insurance payments related to the structure.
                                                           The lender gets equal rights to the insurance
       If You Can’t Reach an Agreement with                check to ensure that the necessary repairs are
       Your Insurance Company: If you and your             made to the property in which it has a signifi-
       adjuster can’t agree on a settlement amount,        cant financial interest. This means that the
       contact your agent or your insurance compa-         mortgage company or bank will have to
       ny’s claim department manager. Make sure            endorse the check. Lenders generally put the
       you have figures to back up your claim for          money in an escrow account and pay for the
       more money. If you and your insurance               repairs as the work is completed.
       company still disagree, your insurance                     You should show the mortgage lender
       policy allows for an independent                    your contractor’s bid and say how much the
       appraisal of the loss. You hire an indepen-         contractor wants up front to start the job.
       dent appraiser and your insurance company           Your mortgage company may want to inspect
       also hires an independent appraiser.Together        the finished job before releasing the funds for
       the appraisers choose a mediator. The               payment. If you don’t get a separate check
       decision of any two of these people is bind-        from your insurance company for the contents
       ing. You and your insurance company each            of your home and other expenses, the lender
       pay for your own appraiser and share the            should release the insurance payments that
       other costs. However, disputes rarely get to        don’t relate to the dwelling. It should also
       this stage.                                         release funds that exceed the balance of the
              Some insurance companies may offer           mortgage. State bank regulators often publish
       you a slightly different way of settling a dis-


                             12                                                13
iii.settling ins. bro 2002   10/3/02   2:54 PM   Page 14




                                                           Important Phone Numbers
       guidelines for banks to follow after a major
       disaster, setting out how these and other
       matters should be handled. Contact state
       offices to find out what these guidelines are.
               Some construction firms want you to
       sign a “direction to pay” form that allows your
       insurance company to pay the firm directly.
       Make certain that you’re completely satisfied
       with the repair work and that the job has been
       completed before signing any forms. The firm
       then will bill your insurance company directly
       and attach the form you signed.
               If you have a replacement cost policy
       for your personal possessions, you normally
       need to replace the damaged items before your
       insurance company will pay you. If you decide
       not to replace some items, you will be paid
       their “actual cash value.” Your insurance com-
       pany will generally allow you several months
       from the date of the cash value payment to
       replace the item and collect full replacement
       cost. Find out how many months you are
       allowed. Some insurance companies supply
       lists of vendors that can help replace your
       property. Some companies may supply some
       replacement items themselves.


       After Your Claim has been Settled and the
       Repair Work is Underway: Take some time
       to evaluate your homeowners insurance cover-
       age. For example, was your home adequately
       insured? Did you have replacement cost cover-
       age for your personal property? Talk to your
       insurance agent or company representative
       about possible changes.




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iii.settling ins. bro 2002    10/3/02   2:54 PM   Page 16




          STATE INSURANCE DEPARTMENTS


         AK:   907-465-2515    NC:    919-733-2032
         AL:   334-269-3550    ND:    701-328-2440
         AR:   501-371-2600    NE:    402-471-2201
         AZ:   602-912-8400    NH: 603-271-2261
         CA:   916-492-3500     NJ:   609-292-5360
         CO:   303-894-7499    NM: 505-827-4601
         CT:   860-297-3800    NV:    775-687-4270
         DC:   202-727-8000    NY:    212-480-6400
         DE:   302-739-4251    OH:    614-644-2658
         FL:   850-413-3100    OK:    405-521-2828
         GA:   404-656-2070    OR:    503-947-7980
         HI:   808-586-2790    PA:    717-787-2317
         IA:   515-281-5705    PR:    787-722-8686
         ID:   208-334-4250    RI:    401-222-2223
         IL:   217-782-4515    SC:    803-737-6212
         IN:   317-232-2385    SD:    605-773-3563
         KS:   785-296-3071    TN:    615-741-2241
         KY:   502-564-3630    TX:    512-463-6464
         LA:   225-342-5900    UT:    801-538-3800
         MA: 617-521-7794      VA:    804-371-9741
         MD: 410-468-2000      VI:    340-774-7166
         ME: 207-624-8475      VT:    802-828-3301
         MI:   517-373-0220    WA: 360-753-7301
         MN: 651-297-7161       WI:   608-266-3585
         MO: 573-751-4126      WV: 304-558-3354
         MS: 601-359-3569      WY: 307-777-7401
         MT:   406-444-2040



                   For more information,
      call the National Insurance Consumer Helpline
                (NICH) at 1-800-942-4242



           Insurance Information Institute
           110 William Street, NY, NY 10038
           http://www.iii.org

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How to File an Insurance Claim After a Disaster

  • 1. iii.settling ins. bro 2002 10/3/02 2:54 PM Page a1 Insurance Information Institute settling insurance claims after a disaster What you need to know about s how to file a claim s how the claim process works s what’s covered and what’s not
  • 2. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 2 First Steps If You Need to Relocate, to Settling Keep Your Receipts Your Claim If your home is severely damaged and you need to find other accommodations while repairs are being made, keep records of all additional expenses incurred. Homeowners insurance policies provide coverage for the Phone Your Agent or “loss of use” of your home, if it is damaged Company Immediately by an insured disaster. Insurance policies place a time limit on filing claims. Find out what the time limit is. Ask Prepare for the questions: Am I covered? Does my claim Adjuster’s Visits exceed my deductible? (Your deductible is the Your insurance company may send you a amount of loss you agree to pay yourself when claim form, known as a “proof of loss” form, you buy a policy.) How long will it take to to complete. Or an adjuster may visit your process my claim? Will I need to obtain esti- home first. (An adjuster is a person profes- mates for repairs for structural damage? sionally trained to assess the damage.) In either case, the more information you have Make Temporary Repairs about your damaged possessions — a Take reasonable steps to protect your property description of the item, approximate date of from further damage. Save receipts for what purchase and what it would cost to replace you spend and submit them to your insurance or repair — the faster your claim generally company for reimbursement. Payments for can be settled. temporary repairs are part of the total settle- ment. So if you pay a contractor a large sum s You are going to need to substantiate for a temporary repair job, you may not have your loss. Prepare a home inventory of enough money for permanent repairs. Beware damaged or destroyed items and give of contractors who ask for a large amount of a copy to the adjuster along with copies money up front and contractors whose bids of receipts. Avoid throwing out damaged are very low — they might cut corners and items until the adjuster has visited leave you with problems after they’re gone. your home. You should also consider Don’t make extensive permanent repairs until photographing or videotaping the the claims adjuster has been to your home and damage. If your property was destroyed assessed the damage. or you no longer have any records, you will have to work from memory. 2 3
  • 3. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 4 How the s Identify the structural damage to your home and other buildings on your Settlement premises, like a garage, tool shed or in-ground swimming pool. Make a list of Amount is everything you would like to show the Determined adjuster, for example, cracks in the walls, damage to the floor or ceiling and missing roof tiles. You should also get the electrical system checked. Most insurance companies Type of Policy pay for such inspections. Replacement Cost and Actual Cash Value: Replacement cost provides you with the dol- s If possible, get written bids from reliable, lar amount needed to replace a damaged item licensed contractors on the repair work. with one of similar kind and quality without The bids should include details of the mate- deducting for depreciation — the decrease rials to be used and prices on a line-by-line in value due to age, obsolescence, wear and basis. This makes adjusting the claim faster tear and other factors. An actual cash value and simpler. policy pays you the amount needed to replace the item minus depreciation. s Keep copies of the lists and other docu- Suppose, for example, a tree fell ments you submit to your insurance through the roof onto your eight-year-old company. Also keep copies of whatever washing machine. If you had a replacement paperwork your insurance company gives cost policy for the contents of your home, the you and record the names and phone num- insurance company would pay to replace the bers of everyone you speak to. old machine with a new one. If you had an actual cash value policy, the company would s Homeowners insurance policies usually pay only a percentage of the cost of a new don’t cover flood damage. You need a washing machine because a machine that has separate flood insurance policy. If you have been used for eight years would be worth less flood insurance through the federal govern- than its original cost. ment’s National Flood Insurance Program Suppose, also, that the tree damaged your homeowners claim adjuster may coor- your 15-year-old roof so badly that it had to dinate claims for flood damage with other be completely replaced. If you had a replace- damage claims. ment cost policy, the insurance company would pay the full cost of installing a new roof. If you had an actual cash value policy, it would pay a smaller percentage of the cost of replacing it. 4 5
  • 4. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 6 Extended and Guaranteed Replacement Policy Limits Cost: If your home is damaged beyond repair, The value of most peoples’ insurance policies is a typical homeowners policy will pay to replace adequate because the policies usually include it up to the limits of the policy. When the value an inflation-guard clause to keep up with of your insurance policy has kept up with increases in local building costs. If you have increases in local building costs, a similar replacement cost coverage, your insurance dwelling can generally be rebuilt for an amount company will pay the full cost of repairing or that is within the policy limits. replacing the damaged structure with a build- Some insurance companies offer a ing of “like kind and quality.” In other words, if replacement cost policy that will pay a certain you were adequately insured and lived in a percentage over the limit to rebuild your three-bedroom ranch before the disaster, your home — 20 percent or more, depending on the insurance company would pay to build a insurer — so that if building costs go up unex- similar three-bedroom ranch. pectedly, you will have extra funds to cover the Most insurance companies recommend bill. These are called extended replacement cost that a dwelling be insured for 100 percent policies. A few insurance companies still offer of replacement cost so that you have enough a guaranteed replacement cost policy that pays money to rebuild if your home is totally whatever it costs to rebuild your home as it was destroyed. You may not be fully covered if before the disaster. But neither an extended nor you have made significant improvements on a guaranteed replacement cost policy will pay for your house that have increased its value, the use of more expensive materials than those such as enclosing a porch to create another that were used in the one that was destroyed. room or expanding your kitchen, without informing your insurance company of the Mobile Home: If you own a mobile home, you changes. may have a policy based on replacement cost, actual cash value or, in a few cases, a “stated Temporary Living Expenses amount.” With a stated amount policy, the If you can’t live in your home because of the maximum amount you receive if your home is damage, your insurance company will destroyed is the amount you agreed to when advance you money to pay for reasonable the policy was issued. The depreciation in the additional living expenses. The amount avail- value of your home is not considered in the set- able to pay for such expenses is generally equal tlement. If you opt for the stated amount, to 20 percent of the insurance on your home. update your policy annually to make sure that So on a home insured for $100,000, up to the stated amount will cover the realistic cost $20,000 would be available. This amount is in of replacing your mobile home. Check with addition to the $100,000 to pay for repairs or to local mobile home dealers to find out what rebuild your home. Some insurance companies similar homes sell for now. pay more than 20 percent. Others limit addi- 6 7
  • 5. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 8 tional living expenses to the amount actually Other Factors spent during a certain period of time, such as Compliance with Current Building Codes: 12 months, instead of a maximum percentage Building codes require structures to be built to of the policy limit. certain minimum standards. In areas likely to be Among the items typically covered are hit by hurricanes, for example, buildings must be extra food costs, increased housing costs, tele- able to withstand high winds to reduce the risk phone or utility installation costs in a tempo- of hurricane damage. If your home was damaged rary residence, and extra transportation costs and it was not in compliance with current local to and from work or school. Insurance policies building codes, you may have to rebuild the often discuss additional living expenses under damaged sections according to current codes. the heading “loss of use.” In some cases, complying with the code may require a change in design or building Rebuilding and Making Repairs materials and may cost more. Generally, home- If your home was destroyed, you have several owners insurance policies won’t pay for these options. extra costs, but some insurance companies s You can rebuild your home on the same offer an endorsement that pays a specified site. amount toward such changes. (An endorse- s You can sell the land your old home was ment is a form attached to an insurance policy built on and build in a different place, even that changes what the policy covers.) another state. s You may decide that you want to rent a new The Use of Public Adjusters: Your insurance home. If you decide not to rebuild, the set- company provides an adjuster at no charge to tlement amount depends on state law, what you. You also may be contacted by adjusters the courts have said about this matter, and who have no relationship with your insurance the kind of policy you have. Find out from company and charge a fee for their services. your insurance agent or company These are known as public adjusters. If you representative what the settlement amount decide to use a public adjuster to help you in will be based on. settling your claim, this service could cost you Concerning repairs, suppose you decide to as much as 15 percent of the total value of your change the flooring materials when you settlement. Sometimes after a disaster, the per- rebuild. If you replace an expensive floor with centage that public adjusters may charge is set materials that are cheaper, you are not entitled by the insurance department. If you do decide to the difference in cash. to use a public adjuster, first check references and qualifications by calling the Better Business Bureau and your state insurance department. 8 9
  • 6. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 10 The Compensation for Damage To Vehicles: If your car was damaged and Payment you have “comprehensive” coverage in your Process auto insurance policy, you should contact your auto insurance company. If your car has been so badly damaged that it’s not worth repairing, you will receive a check for the car’s actual Disasters can make enormous demands on cash value — what it would have been worth if insurance company personnel. Sometimes after it had been sold just before the disaster. Your a major disaster, state officials request insur- local bookstore or library may have used car ance company adjusters to see everyone who prices that will give you an idea of what your has filed a claim before a certain date. When car was worth. there are a huge number of claims, the dead- line may force some adjusters to make a rough To Trees and Shrubbery: Most insurance first estimate. If the first evaluation is not com- companies will pay for the removal of trees plete, set up an appointment for a second visit. that have fallen on your home but they won’t The first check you get from your insurance pay to remove the trees that have fallen and company is often an advance. If you’re offered haven’t caused damage to your home. They an on-the-spot settlement, you can accept the won’t pay to replace trees or shrubbery that check right away. Later on, if you find other have been damaged in a storm because high damage, you can “reopen” the claim and file for winds cause so much damage to trees and an additional amount. Most policies require shrubs every year that if trees and other land- claims to be filed within one year from the scaping were covered, homeowners insurance date of the disaster. Remember that your would be unaffordable. insurance company won’t pay more than the limits of the policy, unless you have an extend- From Water: Homeowners policies don’t ed or guaranteed replacement cost policy. cover flood damage but they do cover other Some insurance companies may require kinds of water damage. For example, they you to fill out and sign a “proof of loss” form. would generally pay for damage from rain This formal statement provides details of your coming through a hole in the roof or a broken losses and the amount of money you’re claim- window as long as the hole was caused by a ing and acts as a legal record. Some companies hurricane or other disaster covered by the pol- waive this requirement after a disaster if you’ve icy. If there is water damage, check with your met with the adjuster, especially if your claim agent or insurance company representative as is not complicated. to whether it is covered. The choice of repair firms is yours. If your home was adequately insured, you won’t have to 10 11
  • 7. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 12 settle for anything less than you had before the pute called “arbitration.” When settlement dif- disaster. Be sure the contractor is giving you ferences are arbitrated, a neutral “arbiter” the same quality materials. Don’t get perma- hears the arguments of both sides and then nent repairs done until after the adjuster makes a final decision. has approved the price. If you’ve received bids, show them to the adjuster when he or How You Will Receive the Money: When she arrives. If the adjuster agrees with one of both the dwelling and the contents of your your bids, then the repair process can begin. If home are damaged, you generally get two sep- the bids are too high, ask the adjuster to nego- arate checks from your insurance comp-any. tiate a better price with the contractor you If your home is mortgaged, the check for home would like to use. Adjusters may also recom- repairs will generally be made out to you and mend firms that they have worked with before. the mortgage lender (mortgagee). As a condi- Some insurance companies even guarantee the tion of granting a mortgage, lenders usually work of firms they recommend but such pro- require that they are named in the homeown- grams are not available everywhere. Make sure ers policy and that they are a party to any contactors get the proper building permits. insurance payments related to the structure. The lender gets equal rights to the insurance If You Can’t Reach an Agreement with check to ensure that the necessary repairs are Your Insurance Company: If you and your made to the property in which it has a signifi- adjuster can’t agree on a settlement amount, cant financial interest. This means that the contact your agent or your insurance compa- mortgage company or bank will have to ny’s claim department manager. Make sure endorse the check. Lenders generally put the you have figures to back up your claim for money in an escrow account and pay for the more money. If you and your insurance repairs as the work is completed. company still disagree, your insurance You should show the mortgage lender policy allows for an independent your contractor’s bid and say how much the appraisal of the loss. You hire an indepen- contractor wants up front to start the job. dent appraiser and your insurance company Your mortgage company may want to inspect also hires an independent appraiser.Together the finished job before releasing the funds for the appraisers choose a mediator. The payment. If you don’t get a separate check decision of any two of these people is bind- from your insurance company for the contents ing. You and your insurance company each of your home and other expenses, the lender pay for your own appraiser and share the should release the insurance payments that other costs. However, disputes rarely get to don’t relate to the dwelling. It should also this stage. release funds that exceed the balance of the Some insurance companies may offer mortgage. State bank regulators often publish you a slightly different way of settling a dis- 12 13
  • 8. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 14 Important Phone Numbers guidelines for banks to follow after a major disaster, setting out how these and other matters should be handled. Contact state offices to find out what these guidelines are. Some construction firms want you to sign a “direction to pay” form that allows your insurance company to pay the firm directly. Make certain that you’re completely satisfied with the repair work and that the job has been completed before signing any forms. The firm then will bill your insurance company directly and attach the form you signed. If you have a replacement cost policy for your personal possessions, you normally need to replace the damaged items before your insurance company will pay you. If you decide not to replace some items, you will be paid their “actual cash value.” Your insurance com- pany will generally allow you several months from the date of the cash value payment to replace the item and collect full replacement cost. Find out how many months you are allowed. Some insurance companies supply lists of vendors that can help replace your property. Some companies may supply some replacement items themselves. After Your Claim has been Settled and the Repair Work is Underway: Take some time to evaluate your homeowners insurance cover- age. For example, was your home adequately insured? Did you have replacement cost cover- age for your personal property? Talk to your insurance agent or company representative about possible changes. 14 15
  • 9. iii.settling ins. bro 2002 10/3/02 2:54 PM Page 16 STATE INSURANCE DEPARTMENTS AK: 907-465-2515 NC: 919-733-2032 AL: 334-269-3550 ND: 701-328-2440 AR: 501-371-2600 NE: 402-471-2201 AZ: 602-912-8400 NH: 603-271-2261 CA: 916-492-3500 NJ: 609-292-5360 CO: 303-894-7499 NM: 505-827-4601 CT: 860-297-3800 NV: 775-687-4270 DC: 202-727-8000 NY: 212-480-6400 DE: 302-739-4251 OH: 614-644-2658 FL: 850-413-3100 OK: 405-521-2828 GA: 404-656-2070 OR: 503-947-7980 HI: 808-586-2790 PA: 717-787-2317 IA: 515-281-5705 PR: 787-722-8686 ID: 208-334-4250 RI: 401-222-2223 IL: 217-782-4515 SC: 803-737-6212 IN: 317-232-2385 SD: 605-773-3563 KS: 785-296-3071 TN: 615-741-2241 KY: 502-564-3630 TX: 512-463-6464 LA: 225-342-5900 UT: 801-538-3800 MA: 617-521-7794 VA: 804-371-9741 MD: 410-468-2000 VI: 340-774-7166 ME: 207-624-8475 VT: 802-828-3301 MI: 517-373-0220 WA: 360-753-7301 MN: 651-297-7161 WI: 608-266-3585 MO: 573-751-4126 WV: 304-558-3354 MS: 601-359-3569 WY: 307-777-7401 MT: 406-444-2040 For more information, call the National Insurance Consumer Helpline (NICH) at 1-800-942-4242 Insurance Information Institute 110 William Street, NY, NY 10038 http://www.iii.org