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CONSUMER WATCH: Know how to file a claim after a storm
 
Sunday, Sep 21, 2008 - 12:06 AM 
 
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By IRIS TAYLOR
TIMES-DISPATCH COLUMNIST

Know how to file a claim after a storm Virginia homeowners, you may have escaped the ravages of hurricanes Hanna and Ike.

But Josephine, Kyle, Laura and Marco are in the lineup -- and they could wreak havoc.

You don't want to find yourself in the same position as the 17,000 or so Katrina homeowners whose estimated $2 billion in claims are still unpaid three years after the disaster, according to Philadelphia insurance attorney Eric D. Gerst.

Gerst, author of "Vulture Culture: Dirty Deals, Unpaid Claims, and the Coming Collapse of the Insurance Industry," called the Katrina experience "the poster child of bad claims."

He said a lot of claims were denied because of a gotcha clause. If damage is caused by wind, the insurers will pay, he said. If it's caused by wind and water, they will not pay.

A lot of people thought they had hurricane coverage when Katrina hit, Gerst said. But when it struck, "it was wind and water, so a lot were denied."

That clause is in most homeowner policies, he said. But people don't understand it.

In addition to gotcha clauses, he said, carriers use "delay, deny and litigate" tactics to get out of paying claims. Some go back after a claim is filed to find something in the claimant's history that voids the coverage, he said.

The National Association of Insurance Commissioners said the top three complaints from consumers about their insurers are claim delays, denial of claims and unsatisfactory settlement offers.

Homeowners, if you incur hurricane damage, do everything you can to file a successful claim. Follow these tips from Gerst, Allstate property manager Dennis Hill and the Insurance Information Institute:

  • Immediately contact your insurance agent. That'll get things going quickly. You'll be told what coverage, deductibles and policy limits you have, Hill said.

    You'll hear what to do next and get referrals to contractors and repair places.

  • Gather proof of what you own. This will help the claim go faster and smoother. Hunt down receipts, manuals, canceled checks and credit-card summaries of damaged or missing items.

    Before a hurricane hits, do yourself a favor and take photos or a video of the outside and inside of your house and keep it updated. Otherwise, after a disaster, you will spend many stressful weeks struggling to recall what you own.

    In every room, do a slow, 360-degree rotation and narrate everything you see, Hill said.

    Download free home inventory software at www.iii.org. Store your video, CD or written inventory in a bank safe-deposit box or electronic vault. Make copies for you and the claims adjuster.

    If you haven't done an inventory, when a hurricane hits, take photos of the damage.

  • Protect your property from further damage. Hire someone to board up your home and put tarp over punctures in the roof to keep the elements out.

    You don't need permission from the insurance company, Hill said. Just save your receipts, including those for "Additional Living Expenses," if your home isn't livable and you stay in a hotel and eat out.

  • Get a witness. Ask a neighbor to walk over and inspect your damage, Gerst said.

    If your claim is denied, and you wind up in court fighting the insurer, the witness can corroborate things about your house and what damage was done.

  • Keep a log of every conversation and action taken regarding your claim. "You'd be surprised what people forget," Gerst said.
  • Remember, if water causes the damage, you're not covered. Unless, that is, you purchased flood insurance. A poor drainage system, rapid accumulation of rainfall or a broken water main during a hurricane can result in flooding that causes damage.

    Go to www.floodsmart.gov for details and rates.

  • Contact the state Bureau of Insurance if you have a complaint. Call (804) 371-9741 or (877) 310-6560.
    Contact Iris Taylor at (804) 649-6349 or itaylor@timesdispatch.com.
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