Q. My insurance company’s adjuster is saying that they don't pay for "cosmetic damage". After many conversations with him and the contractor, he finally admitted some hail damage but estimated almost exactly the amount of my deductible, $1,000. The contractor I hired is very reputable and had all kinds of chalk marks on my roof which the adjuster dismissed as "cosmetic." I tried to get my agent involved and he said the same thing about cosmetic damage. I really don't want to let this go. There are about 20 houses in my neighborhood getting work done due to the golf ball sized hail damage. Please let me know if I have any options.

In Nashville, scenes of absolute devastation still remain as if the March 3, 2020 tornadoes sliced through just yesterday. Several tornadoes were reported during the March 3^rd storm with three consisting of an EF-2, EF-3, and one large EF-4 wedge tornado that carved the largest swath of destruction throughout the Music City and surrounding areas nearly 3-months ago. Adding to the misery, the Chattanooga  - East Brainard area suffered a devastating tornado barrage on Easter Sunday as 7 tornadoes were reported to have touched down in the Tennessee Valley. The fury began around 8:15 pm and then at 11:19 pm, an EF-3 tornado with estimated wind speeds up to 145 mph touched down staying on the ground for 14 minutes.

The case for and against coverage detailed in this Washington Post article about restaurants suing insurance companies over unpaid claims. Still looks grim for the insured in my view but worth seeing if your policy has the virus exclusion. These restaurants will be long gone by the time these lawsuits are resolved. Only hope is if Uncle Sam steps up. In my opinion, it’s not likely to happen. 40% or less has Business Interruption coverage so without BI coverage, 60% are out of luck based on these suits…….and then there is the coming hurricane season.

As government officials report the increasing financial losses due to the shutdown of most commercial businesses across the United States, people are desperate for some type of relief and understandably so. So, what to do? Time to look under the hood to see what’s really happening on the prospect of a loss of income claim from your insurance company. Assuming you had the good financial sense to buy Business Income coverage to cover your financial losses before the country and commerce was shut down. The go to place now for relief seems to focus on the private sector insurance industry in both the admitted and surplus lines market, the latter known as the E&S markets. Every day the media is full of press releases, articles, and op-ed articles positioning themselves on one side of the argument that private insurance carriers need to pay these claims, or to the contrary that they are not covered.

With the extensive wind and damage caused by the Nashville tornadoes, we are seeing policyholders rushing to get damages assessed. Both insurance company adjusters and many inexperienced contractors are eyeballing roof damage and recommending partial repairs based on simple visual inspection. This is going to cause terrible problems in the future as flying debris can damage the membrane of roofs and set people up for severe water damage in the future. In disaster situations some adjusters simply do not spend enough time assessing policyholder’s damage or taking into effect the increased cost of materials and repairs.

All of us at Tutwiler & Associates trust you and your families are staying well and safe in the midst of this dreadful Covid-19 (Coronavirus) pandemic. While our firm is doing our part to be “socially responsible” and keep our communities safe, many of our firm’s expert adjusters are actively working hard from the confines of their homes as we continue to field client inquiries and offer professional insurance claim assistance, guidance, and support. A few clients have called and emailed to inquire if there is an option for them to file an insurance claim including Business Interruption. Understandably, many business owners are just now combing through their insurance policies as they continue to look for ways to offset business income and financial losses.

If your home was destroyed or severely damaged from the recent Nashville area tornadoes to the extent that it is uninhabitable for you or your family to live, your insurance policy may provide a coverage called “Additional Living Expense” or “A.L.E.” Under the Additional Living Expense coverage, you and your family may be entitled to rent another home of the same size, like kind and quality as well as be reimbursed for any extra expenses you may incur such as food and temporary lodging.  Please keep in mind that this coverage is based on what you “incur” meaning you have to spend the money first before your insurance company will reimburse you. This is why you need to keep receipts for all transactions or keep all of your transactions on one credit card so you can easily print your statement out for your adjuster.

The Nashville area tornadoes have clearly left many homeowners, businesses, schools, cities and government buildings with significant damage and Tennesseans need to understand some of the basic insurance claim adjusting procedures that will play an important role to achieve a fair, expeditious and maximum claim settlement. Insurance companies and their teams of catastrophe adjusters may be delayed in gaining access to the region due to government emergency restrictions and given the significant damage sustained at the John C. Tune Airport in West Nashville. The Airport Authority estimated loss and damages to the infrastructure and other buildings is $93 million alone. Here are some tips and common mistakes to avoid while preparing yourself for the insurance claim process.

Thousands throughout the Volunteer State continue to pour into regions of Middle Tennessee including the historic state capital city of Nashville to aid recovery efforts following Tuesday’s severe weather and deadly tornados. The Governor’s recent State of Emergency declaration will create a logistical nightmare for insurance companies who are scrambling to deploy teams of catastrophe adjusters to service Tennesseans who need to file insurance claims and collect monies that are vital to rebuild their damaged homes and affected businesses. 

Q. If the home is a vacation home that is destroyed, are we entitled to ALE? The ALE coverage on the loss statement they sent us says zero but we are going to have to incur multiple airline trips and rental bills in order to set up demolition and then the complete rebuilding of our home. Hope you can help with this information.

A. Thank you for the question and just so you know this is a frequent problem for owners of second homes when there is a loss they must attend to.