Policyholder Question: Who is responsible when your insurance company's preferred contractor causes additional damage or botches the job?

Q. The restoration company who repaired our home after an attic fire caused a contamination of fiberglass insulation by improperly clearing and cleaning the attic from smoke damaged insulation.  We know that the restoration company should be the one to take responsibility and maybe even use their General Liability Insurance, however instead they went out of business. We have talked to several lawyers and they say we have no recourse with our property insurance carrier.  We feel that our insurance company should take responsibility and make the restoration company who messed our home up pay to have it cleaned up properly.   Does an insurance company have to use bonded and general liability covered contractors?
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Couple has Advice for Those Who Have Even the Simplest Insurance Claim

An Orlando area client who filed what they thought was a simple property insurance claim for water damage to their home found them forced out of their home since September of last year due to mistakes made by the “preferred vendors” of their insurance company and the insurance company’s refusal to take responsibility for the situation.  Tutwiler Public Insurance Adjuster Brad Barrett  was eventually brought into the situation late and has been trying to bring the situation to what is called Appraisal, where an Umpire can hopefully rule in the client’s favor.



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Post Loss Obligations of the Policyholder - Condominium Boards Need to Communicate

This 42 page decision Biscayne Cove Condominium Association, Inc. v. QBE Ins. Corp., 2013 U.S. Dist. LEXIS 5194 (S.D. Fla. Jan. 14, 2013) makes for some very interesting reading. The case was one of those late blooming Hurricane Wilma condo claims that I suspect contributed to the thinking that a change in law regarding the time a policyholder has to file a claim might be a good idea. You can draw your own conclusions about what went on in this case (I know I have) but one of the clear take-aways is that in this case the Judge was not buying what was being sold.

As an aside, the 30% rule this public adjuster was relying on and thought existed drew some chuckles in a meeting our firm recently attended with a group of condo lawyers. Seriously, there are some very interesting points made in the Findings of Fact and Conclusions of Law. As the old saying goes; “it’s not my monkey and it’s not my circus” thankfully! 


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Insurance Claim Preferred Vendors – A Growing Insurance Company Tactic

We want to thank Orlando public adjuster Brad Barrett for contributing this insurance claim blog.
When a policyholder experiences a loss, one of the first things they are supposed to do is contact the insurance company to report a claim. What we are being told by some policyholders, is that one of the first things some claims departments are doing is to instruct them not to speak with anyone (especially a Public Adjuster) and that they will be sending out their adjuster and their “approved” contractor to review the claim. This is a blatant effort to cut out public adjusters and independent restoration firms.

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The Case of the Claim for the Exploding Corpse

It should not be surprising that insurance claims are reported in Florida on a fairly regular basis for damages to insured property resulting from decay, odor, and clean-up following an unattended death.  Florida was once known as heaven’s waiting room given all the elderly folks who came here to die or to be more polite, to retire and then die.
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Understanding Depreciation Estimates for Your Property Insurance Claim

When there is a storm event such as the flooding in the Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas we always get questions about how depreciation works. As public adjusters, we deal with this type of situation all the time when we are managing a policyholder’s claim. Deprecation is figured in a number of ways depending on who is making the calculations. As an example; in the insurance adjusting field, the text book example is to come up with a percentage based on the age of an item and its full life expectancy. So if an item is one year old and the average life is 20 years the percent to be applied for deprecation is 5%.  If the cost of the item new is $5,000 then $250.00 in deprecation should be taken for each year of life. If an item is 5 years old and the life expectancy is 15 years then 33% would be reasonable.


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Earth Movement, Foundation Damage Caused by Panhandle Flooding, Is it Covered?

Property owners in the Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas may be surprised to find that their flood claim for foundation damage is denied because the NFIP says the damage is caused by earth movement; even though the earth movement was caused by flood waters! Before I discuss this, let me remind any reader that each loss is fact specific to that property. You may have two homes or commercial buildings side-by-side in close proximity to each other and the loss conditions from the same insured event may vary.


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Panhandle Flooding and the “S” word…Sewage Back-up Insurance Claims. Are you covered?

Sewage backup is damage public adjusters deal with more than I would like to admit. A recent published appellant court case in Florida http://www.3dca.flcourts.org/Opinions/3D11-3277.pdf addresses the confusion surrounding insurance coverage for water and sewer losses in today’s all risk homeowners insurance policies. If you take the time to read this case, you will note this issue has been litigated not only in Florida but other states as well.  It seems the insurance industry either does not understand the issues or haven’t been following the case law as we continue to see water and sewer claims denied on a regular basis.  Without going into a lot of detail regarding the legal cases, depending on the wording of the policy in question, if the backup is on the insured side of the property line or actually in a plumbing pipe on the premises, coverage for these losses should be covered under an all risk policy. Why all the litigation and confusion in the first place?  It would seem pretty basic that these losses would be covered as they clearly meet the insurance test of a sudden, accidental and an unintended event.


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Check the Details Before You Accept a Panhandle Claim Settlement Offer

Hopefully, property owners the in Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas who were impacted by the flood and water damage are starting to receive settlement offers from their insurance company about their claims.  Sometimes our firm will be retained by a homeowner only to receive a call several weeks later to say the insurance company adjuster had called them with a verbal settlement offer they might be able to live with. Even though it’s outside of our contract cancellation date and work may have begun on the loss, we typically wished them well and thanked them for their consideration in selecting our firm to assist them. That got me thinking about all the property insurance claim offers we’ve gotten over the many years assisting clients. 
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How to Deal with Low Ball Offers from Panhandle Insurance Claims

Home and business owners who were impacted by the flooding and water intrusion in Pensacola, Destin, Gulf Breeze and the Ft. Walton Beach areas are starting to hear back from their insurance company about their claims. Many will learn that the claim settlement amount(s) fall short and will not cover the cost of repairing storm damages.
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"On Property" Insurance Claim Tips Blog

Tips and advice about how to properly file and protect your property damage insurance claim and get a fair settlement. We invite all readers to ask questions about their claim so our public adjusters can post answers for others to benefit. Insurance claim expert guest bloggers welcome to submit posts via our contact form.

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Local Office

Tutwiler & Associates Public Adjusters, Inc.
Licensed Public Insurance Adjusters & Loss Consultants
Offices: Tampa, Orlando, Palm City, Ft. Myers, Florida; Dallas, TX; Pittsburgh, PA

Executive Office
4300 W. Cypress St.
Suite 780
Tampa, FL 33607
Phone: 813.287.8090
Toll Free: 800.321.4488

Licensed in Florida # W840088 &
Texas #1399706 plus 16 other states
and the Virgin Islands