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The Role of Certified Adjusters

in the NFIP

2011 National Flood Insurance ProgramClaims Adjuster Presentation

2011 NFIP Claim Presentation

Adjuster Qualifications

• Purpose

• Database

- Identification

• 5 Areas of Authorization

- Residential

- Manufactured (Mobile) Home

- Small Commercial

- Large Commercial

- Residential Condominium Building

Association Policy (RCBAP)

2011 NFIP Claim Presentation

Authorization Requirements

• Specialized Knowledge

• Certification is a

Requirement

- Exception:

• Write Your Own (WYO) Staff

Adjusters

2011 NFIP Claim Presentation

Flood Certification Number (FCN)

ACTIVE-2010

2011 NFIP Claim Presentation

NFIP CERTIFICATION FORMS

2011 NFIP Claim Presentation

Certification ContactsIServices

c/o Claims Department

P.O. Box 310

Lanham, MD 20706

Fax Number: 301-577-3421

Obtain application at

http://www.fema.gov/library/viewRecord.do?id=2581

EMAIL: iservice_claims@ostglobal.com

2011 NFIP Claim Presentation

Adjuster Education and Certification

Assurance from WYO companies and adjusting firms that inexperienced adjusters will be supervised

Responsibility of claim accuracy and quality of work

Review of claims prior to payment or denial

Co-signature on estimates, preliminary and final reports

Mandatory annual workshop attendance

Adjuster Certification cutoff date – May 31, 2011

2011 NFIP Claim Presentation

• Authority of the Adjuster

• Knowledge of the Program

• Professionalism

Adjustment Standards and Requirements, continued

2011 NFIP Claim Presentation

Adjustment Standards and Requirements, continued

- Claims Adjustment

- Prompt Contact

- Inspection

- Origin of Loss

- Building Scope and Estimate

- Preliminary Report

- Manufactured (Mobile)Home/Travel Trailer Worksheet

2011 NFIP Claim Presentation

Adjustment Standards and Requirements, continued

Personal Property Identification Advance Payment

2011 NFIP Claim Presentation

Adjustment Standards and Requirements, continued

-Replacement Cost and Actual Cash Value

-Coverage Limitations

-Final Report

-Insured’s Copy

2011 NFIP Claim Presentation

Adjustment Standards and Requirements, continued

- Improper Flood Zones

- Incorrect Building Descriptions and Addresses

- Substantial Improvement

- Improper Named Insured

- Two or more Buildings at the Described Location

- Incorrect Mortgagee

At the time of inspection, any discrepancies noted in the physical

description of the insured risk, the policy or Declaration Page

should be referred to the Carrier

Underwriting Issues

2011 NFIP Claim Presentation

Adjustment Standards and Requirements, continued

-Proper Building Depreciation -Photographs

-Narrative Report -Salvage

-Prior Losses Checked -Proof of Loss

-Progress Notes in File -Timely Reporting

-Subrogation

2011 NFIP Claim Presentation

Adjustment Standards and

Requirements, continued

WYO Errors – Proper

Building Scope and Estimate

Non-judgmental

Judgmental

2011 NFIP Claim Presentation

Proper Building Scope and Estimate

• NFIP Estimate Format

–Unit cost basis

–Room-by-room

–Accurate description of rooms

–Room vs. offsets

–Line-by-line

–Individual line depreciation

–Sales tax (should be included in unit cost)

2011 NFIP Claim Presentation

NFIP Reinspections

• Assist WYO Companies

–Information Needed

–Flood Certification Number (FCN)

–Policy Number

–Prior Loss History

–Declaration Page

–Deductible and Coverage Amounts

–Preliminary Report

–Scope Notes

–Progress Notes

–Final Report

–Photographs

–Copies of Estimates

–Paperwork on

additional damages

–Elevation Certificate

–Narrative

–APDA

– Manufactured (Mobile)

Home Worksheet

2011 NFIP Claim Presentation

Detect Possible Waste & Abuse

• Receipts

• Serial Numbers

• Ownership

• Policies

• Waterlines

• Misrating

• Price Quotes

• Damaged Property

• Cause of Loss

• Late reporting of claim

2011 NFIP Claim Presentation

Report Possible Waste & Abuse

• Immediately reported to the NFIP and the insurance company

• Waste and Abuse Hotline 1-800-323-8603

2011 NFIP Claim Presentation

NFIP Fee Schedule

NFIP Fee Schedule Billing

– Gross Loss

– Increased Cost of Compliance Claims

2011 NFIP Claim Presentation

NFIP Fee Schedule, continued

Erroneous assignment $ 70.00

Closed without payment 275.00

.01 - 1,000.00 375.00

1,000.01 - 5,000.00 600.00

5,000.01 - 10,000.00 800.00

10,000.01 - 15,000.00 925.00

15,000.01 - 25,000.00 1,025.00

25,000.01 - 35,000.00 1,175.00

2011 NFIP Claim Presentation

NFIP Fee Schedule, continued

35,000.01 - 50,000.00 $ 1,400.00

50,000.01 - 100,000.00 3.0%, but not less than $ 1,600.00

100,000.01 - 250,000.00 2.3%, but not less than $ 3,000.00

250,000.01 - and up 2.1%, but not less than $ 5,750.00

2011 NFIP Claim Presentation

Disaster Response

• Adjuster Coordinating Office (ACO)

• Flood Insurance Claims Office (FICO)

• Claims Coordinating Office (CCO)

• Flood Response Office (FRO)

• FEMA/Joint Field Office (JFO)

• FEMA/Area Field Office (AFO)

• FEMA/Disaster Recovery Center (DRC)

2011 NFIP Claim Presentation

Learning Check

• What are the five categories of flood certification?

• How is depreciation for building/personal property

addressed in your scope of damages estimate?

• Name 3 possible waste and abuse issues.

• Give an example of a non-judgmental error.

2011 NFIP Claim Presentation

The Standard Flood Insurance Policy (SFIP)

2011 NFIP Claim Presentation

The Standard Flood Insurance Policy (SFIP)

•Three forms

–Dwelling Form

–General Property Form

–Residential Condominium Building

Association Policy (RCBAP)

Effective 12/31/2000

2011 NFIP Claim Presentation

Dwelling Form

Read the policy!

Know the policy!

Coverage is subject to limitations,

restrictions, and exclusions.

2011 NFIP Claim Presentation

Available Amounts of Insurance

Building Coverage

Single Family $250,000

2 - 4 Family $250,000

Personal Property Coverage

Residential $100,000

2011 NFIP Claim Presentation

I. Agreement

• Direct Physical Loss

–Paid the correct premium

–Compliance with policy terms and conditions

–Provided accurate information and statements

2011 NFIP Claim Presentation

II. Definitions

FLOOD

2011 NFIP Claim Presentation

Definition of FloodA general and temporary condition of partial or complete

inundation of two or more acres of normally dry land area or

of two or more properties from the overflow of inland or tidal

waters or from the unusual and rapid accumulation or runoff

of surface waters from any source.

KEY CRITERIA

Condition must be general

Condition must be temporary

Inundation must be present

Occurrence must be accidental

2011 NFIP Claim Presentation

Actual Cash Value (ACV)

Replacement Cost

Less Depreciation

2011 NFIP Claim Presentation

Basement

2011 NFIP Claim Presentation

Building

2011 NFIP Claim Presentation

Condominium Building

2011 NFIP Claim Presentation

Described Location

• Shown on the policy’s Declaration Page

–This is not always the insured’s mailing address

2011 NFIP Claim Presentation

Direct Physical Loss By or From Flood

Loss or damage to insured

property, directly caused by a

flood.

There must be evidence of

physical changes to the

property

2011 NFIP Claim Presentation

Elevated Building

2011 NFIP Claim Presentation

Elevated Building

2011 NFIP Claim Presentation

Enclosure

2011 NFIP Claim Presentation

Improvements

2011 NFIP Claim Presentation

Mudflow

2011 NFIP Claim Presentation

Named Insured

• “You and Your”

- Insured(s) shown on the Declarations Page

- Your spouse, if a resident of the same household

• “Insured(s)”

- Mortgagee or loss payee

2011 NFIP Claim Presentation

Pollutants

2011 NFIP Claim Presentation

Pre-FIRM

Built or substantially improved on or before

December 31, 1974, or before the effective date

of the initial Flood Insurance Rate Map.

2011 NFIP Claim Presentation

Post-FIRM

Built or substantially improved after

December 31, 1974, or on or after the

effective date of the initial Flood

Insurance Rate Map, whichever is later.

2011 NFIP Claim Presentation

Special Flood Hazard Area (SFHA)

2011 NFIP Claim Presentation

Special Flood Hazard Area (SFHA)

Zones that begin with the letter A or V

2011 NFIP Claim Presentation

Flood Insurance Rate Map

2011 NFIP Claim Presentation

Flood Insurance Rate Map

www.MSC.FEMA.gov

FEMA Flood Map Store

2011 NFIP Claim Presentation

FEMA’s Map Service Center

http://www.msc.fema.gov

Where Can I find Flood Maps?

2011 NFIP Claim Presentation

2011 NFIP Claim Presentation

2011 NFIP Claim Presentation

09/28/2009

2011 NFIP Claim Presentation

2011 NFIP Claim Presentation

2011 NFIP Claim Presentation

2011 NFIP Claim Presentation

SEPTEMBER 28, 2009

2011 NFIP Claim Presentation

III. Property Covered

2011 NFIP Claim Presentation

III. Property CoveredCoverage A- Building Property

• Dwelling

• Additions and Extensions

• Detached Garages (Bulletin W-08043)

• Materials and Supplies

• Building Under Construction

– Items that are to become a part of the building (e.g. rebar, footings, and concrete walls )

• Manufactured(Mobile)Home/Travel Trailer

2011 NFIP Claim Presentation

Buildings

Roof

Elevated walkways

Exterior rigid walls

Load-bearing (solid)

interior walls

Stairs

2011 NFIP Claim Presentation

Property Covered, continued

•Property items covered under Coverage A

–Awnings and canopies

–Blinds

–Built-in dishwashers

–Built-in microwave ovens

–Carpet permanently installed over unfinished flooring

2011 NFIP Claim Presentation

Property Covered, continued

•Coverage A

–Page 4 of the Dwelling Form

Built-ins

2011 NFIP Claim Presentation

Property Covered, continued

a. Any of the following items, if installed in their functioning

locations and, if necessary for operation, connected to a

power source:

(1) Central air conditioners

(2) Cisterns and the water in them

(3) Drywall for walls and ceiling in a basement and the cost of

labor to nail it, unfinished and not taped

(4) Electrical junction and circuit breaker boxes

(Complete list under Section III - Property Covered, A.8.,a & b.)

2011 NFIP Claim Presentation

Building, continued

2011 NFIP Claim Presentation

Building, continued

2011 NFIP Claim Presentation

III. Property Covered

Tenant’s Coverage

–Condo Unit Owner’s Coverage

Coverage B - Personal Property

Page 4 of the Dwelling Form

2011 NFIP Claim Presentation

Special Limits - $2,500

2011 NFIP Claim Presentation

Antiques

Functional Value

2011 NFIP Claim Presentation

–Debris Removal

– Owned anywhere

– Non-owned on or in

insured property

– Removal work

– Federal minimum wage

– Not a separate limit of liability

III. Property Covered

Coverage C - Other Coverages

2011 NFIP Claim Presentation

Who Pays to move this boat?

Coverage C - Other Coverages

III. Property Covered

2011 NFIP Claim Presentation

III. Property Covered

–Sandbags, supplies, labor

–$1,000 costs incurred to protect

–Reasonable expenses

–Property Removed to Safety

Coverage C - Other Coverages

2011 NFIP Claim Presentation

–Condominium Loss Assessments

–Condominium Unit

–Resulting from Flood

–Common Elements

–Loss Assessment Does Not Apply

–Government Body

–Personal Property

–Violation of Policy Conditions

–Maximum Limits of Coverage

–Not an Additional Limit of Liability

III. Property Covered

Coverage C - Other Coverages

2011 NFIP Claim Presentation

Learning Check

• Is Replacement Cost available for a residential duplex?

• Can 10 percent of Coverage A be applied to a Detached

Garage that has a sleeping space in it?

• Two structures are joined by a roof, at the time of a

claim can the insured declare that the two structures be

covered under one or two policies ?

• If a “post-firm, elevated” structure has an attached

garage, what coverages are afforded in the garage

area?

2011 NFIP Claim Presentation

Increased Cost of Compliance

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)Coverage D

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)

2011 NFIP Claim Presentation

Increased Cost of Compliance

(ICC), continued

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC), continued

“… damage of any origin [is] sustained by a building whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.”

(see 44 CFR 59.1)

OR

A structure is eligible for an ICC claim payment if

the community determines that the structure is:

Substantially damaged when:

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC), continued

“… a building covered by a contract for flood insurance that

has incurred flood-related damages on two occasions during

a 10-year period ending on the date of the event for which the

second claim is made, in which the cost of repairing the flood

damage, on the average, equaled or exceeded 25 percent of

the market value of the building at the time of each such flood

event.”

A Repetitive loss structure is:

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC), continued

• Date of Loss

– The date of loss for an ICC claim will be the date of loss

for the underlying flood claim.

– The insured has four (4) years from the date of the

declaration by the state or local official that the structure has

been substantially damaged by flood to complete the ICC

portion of the claim.

– March 14, 2006 W-06019 Memorandum to WYO

Losses after June 1,2005

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC) The Adjuster’s Duty

• Informs the Insured of ICC coverage if the risk appears to

be Substantially Damaged

• Adjuster must submit the APDA information to the NFIP Bureau

and Statistical Agent by fax at (301) 577-3421, mail to P.O. Box 310

Lanham, MD 20706 (W-09057, October 6, 2009)

http://www.nfipiservice.com

• Obtain a copy of the signed construction contract that details

costs to perform the mitigation activity

• Provide the insured with an Increase Cost of Compliance Pamphlet

• Verify mitigation activity is in compliance with floodplain

management guidelines

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC), continued

–Partial payments are permitted

– 50 percent maximum partial payment

available

–Reasonable time for completion not to

exceed four years from date of declaration

–When mitigation procedures are completed

•ICC Claim Payment

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC), continued

Determining Market Value

1. Independent appraisals by a professional appraiser

2. Detailed estimates of the structure’s ACV

3. Property appraisals used for tax assessment

4. The value of buildings taken from NFIP claims data (used as a screening tool)

5. Qualified estimates by local building departments

Acceptable estimates of market value

2011 NFIP Claim Presentation

• Regulate all development in the designated Special Flood Hazard Area (SFHA) in accordance community floodplainmanagement laws

• Ensure NFIP compliance

• Require proper permits (including Federal and State)

• Ensure completed work is compliant with local floodplain

management ordinance

Increased Cost of Compliance (ICC), continued

Role of the Local Official

2011 NFIP Claim Presentation

Role of the Local Official

Increased Cost of Compliance (ICC), continued

• Provide property owner a substantial damage declaration

and remind the owner that ICC coverage could help offset compliance costs.

2011 NFIP Claim Presentation

Information a Claims Representative will need from

the local official

Increased Cost of Compliance (ICC), continued

• The basis for the community’s determination of substantial

damage or repetitive loss, in writing

• A copy of the applicable repetitive loss provision in the

community’s floodplain management ordinance

• If the building is in a B, C, X, or D Zone, documentation as

to why the building is required to undertake the mitigationaction

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)continued

• Be in writing

• Amount of damages

• Market Value

• Flood Zone

• Date of local floodplain management ordinance

• Permit required

Substantial Damage and Repetitive Loss Declaration should:

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)

• Does ICC apply to a substantially damaged building,

which is in compliance at the time of loss?

Learning Check

• Do all buildings insured by the NFIP qualify for ICC?

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)

Exceptions:

Buildings insured under the Group Flood Insurance Policy.

Units insured under a condo unit owner policy.

Buildings in Emergency Program

Learning Check

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)

Maximum Coverage Available Under ICC:

• $30,000

• No separate deductible

• Payment amount can not exceed the statutory maximum:

$250,000 - single family

$500,000 - non-residential

$250,000 - residential condo x no. of units.

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)

Should mortgagee name(s) be included on the ICC partial and final payment checks?

Learning Check

No, ICC payments are subject to Coverage D

and do not require naming a mortgage.

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)

• To the community when it is in conjunction with a FEMA project

such as the Hazard Mitigation Grant Program (HMGP).

Learning Check

There is no “assignment of Coverage D” except:

2011 NFIP Claim Presentation

Increased Cost of Compliance (ICC)

The Building/Local Official is the Authority in

determining Substantial Damage.

Learning Check

Who determines substantial damage?

2011 NFIP Claim Presentation

2011 National Flood Insurance ProgramClaims Adjuster Presentation

2011 NFIP Claim Presentation

The Standard Flood Insurance Policy

(SFIP) Property Not Covered

2011 NFIP Claim Presentation

IV. Property Not Covered

• Personal property not inside a fully enclosed building

• Building and personal property located entirely in, on, or over water

• Recreational Vehicles

-Exception: travel trailers

• Self-propelled Vehicles or Machines including their parts and equipment…

• Open Structures

•Boathouses

2011 NFIP Claim Presentation

Property Not Covered, continued

• Underground structures…

• Those portions of walks,

walkways, decks, driveways,

patios, and other surfaces,

…located outside the

perimeter, exterior walls of the

insured building…

• Containers, including related equipment…

• Buildings or units and their contents if more than 49percent of the ACV is belowground

2011 NFIP Claim Presentation

Property Not Covered, continued

• Fences, retaining walls, sea walls, bulkheads, wharves, piers, and docks

• Aircraft or watercraft, their furnishings and equipment

• Swimming pools and their equipment

• Coastal Barrier Resources Act property

• Hot tubs and spas not bathroom fixtures

• Condominium property

owned in common

2011 NFIP Claim Presentation

Exclusions

2011 NFIP Claim Presentation

V. Exclusions

•Loss of Use

–Including loss of revenue and access

• Business Interruption

• Additional Living Expenses

• Cost of Compliance

–Except for ICC coverage

• Any other Economic Loss

2011 NFIP Claim Presentation

Exclusions, continued

•Flood Already in Progress

–Policy Term

•Additional Coverage

•Earth Movement

–Earthquake

–Landslide

–Land Subsidence

–Sinkholes

–Destabilization or Movement of Land

–Gradual Erosion

2011 NFIP Claim Presentation

Exclusions, continued

•Pressure or weight of ice

•Freezing or thawing

•Rain, snow, sleet, hail, or water spray

•Water, moisture, mildew, or mold damage

–Confined to the dwelling

–Within your control

–Failure, stoppage, or breakage

–Failure to inspect and maintain

2011 NFIP Claim Presentation

Mold

2011 NFIP Claim Presentation

Exclusions, continued

• Water or waterborne

material

–Sewer backup

–Sump pump

–Seepage

• Pressure or weight of water

• Power, heating, or

cooling failure

• Theft, fire, explosion, wind, or windstorm

• Intentional flooding

• Increased risk

• Federal Government

• Testing for or monitoringof pollutants

2011 NFIP Claim Presentation

Hydrostatic Pressure

2011 NFIP Claim Presentation

Learning Check

• During your investigation of a flood loss, should you

document other damage to the structure from a source

other than flood?

• Under what conditions would the NFIP pay for

testing/monitoring of a condition of mold?

2011 NFIP Claim Presentation

VI. Deductibles

•Shown on Declaration Page

–Separate deductibles for building andcontents

•Buildings Under Construction

–Deductible doubled

•Does Not Apply to

–Loss Avoidance Measures

–Condominium Loss Assessment

–Increased Cost of Compliance

2011 NFIP Claim Presentation

VI. Deductibles-

October 1, 2009 Changes

The standard deductibles for Pre and Post-FIRM properties in Non-Special Hazard Areas (B,C,X.A99 & D) will be increased from $500.00 to $1,000.00.

The standard deductible for Pre-FIRM properties in Special Flood Hazard Areas (A&V zones), will be increased from $1,000.00 to $2,000.00.

The standard deductible for Post-FIRM properties in Special Flood Hazard Areas (A&V zones), will be increased from $500.00 to $1,000.00.

Regular Program

2011 NFIP Claim Presentation

VI. Deductibles-

October 1, 2009 Changes

The standard deductible will be increased from $1,000.00 to

$2,000.00 for all Pre and Post-FIRM properties.

Emergency Program:

Regular Program, Continued

The standard deductible for Pre-FIRM properties in Special

Flood Hazard Areas (A&V zones) and rated using elevation

certificate figures will be increased from $500.00 to $1,000.00.

2011 NFIP Claim Presentation

VII. General Conditions

A. Pairs and Sets

– Settlement

– ACV of article

– Value of that portion as it relates to the set

2011 NFIP Claim Presentation

General Conditions, continued

B. Concealment or Fraud

–Policy voidance, fines, civil

penalties, and imprisonment

2011 NFIP Claim Presentation

General Conditions, continued

•Not Eligible for Coverage

–Non-participating community

–Property not eligible for coverage

2011 NFIP Claim Presentation

General Conditions, continued

C. Other Insurance

• Prorated

–Primary up to other deductible

–Unless the SFIP is primary

–Other policy states it is excess coverage

2011 NFIP Claim Presentation

General Conditions, continued

– Condominium Units

–RCBAP is primary

–Dwelling Form is excess

C. Other Insurance

2011 NFIP Claim Presentation

General Conditions, continued

G. Reduction and Reformation of Coverage

– Must be corrected and correct premium

paid (Bulletin W-05021)

– Policy limits vs. premium paid

– Notice to WYO underwriting must be sent

2011 NFIP Claim Presentation

General Conditions, continued

I. Conditions Suspending or Restricting Insurance

–Increased hazard within the control or knowledge of

the insured

2011 NFIP Claim Presentation

General Conditions, continued

J. Requirements in Case of Loss(insured failed to comply)

–Non-Waiver Agreement

–Reservation of Rights

2011 NFIP Claim Presentation

General Conditions, continued

L. No Benefit to Bailee

- Bailee Goods

- No Coverage

M. Loss Payment

- Proof of Loss, 60 days from receipt by the company to pay claim

- Signed form, 90 days

-Received within 60 days from date of loss

(Including Supplements)

2011 NFIP Claim Presentation

General Conditions, continued

N. Abandonment

–Insured may not abandon damaged or undamaged

property to us

2011 NFIP Claim Presentation

General Conditions, continued

O. Salvage

- Insured’s option

- Reduced payment

- Insured buyback

2011 NFIP Claim Presentation

General Conditions, continued

P. Appraisal

–Insured and adjuster fail to agree on price

–Two appraisers

–Umpire

2011 NFIP Claim Presentation

General Conditions, continued

Q. Mortgage Clause

–Mortgagee’s interest is protected

R. Suit Against Us–Filed in US District Court within 12

months of denial letter

S. Subrogation–Insured’s right to recover is transferred

to the insurer if the loss is paid under the SFIP

2011 NFIP Claim Presentation

General Conditions, continued

T. Continuous Lake Flooding

• 90 continuous days

• Total loss

Closed Basin Lakes

• Total loss

2011 NFIP Claim Presentation

General Conditions, continued

U. Duplicate Policies Not Allowed

–Insured’s choice

–Combine policy coverage limits

Effective date is the date of the later of the two policies

2011 NFIP Claim Presentation

General Conditions, continued

V. Loss Settlement

–Replacement Cost

–Special Loss

–Actual Cash Value

2011 NFIP Claim Presentation

General Conditions, continued

ACV

• A 2-, 3-, or 4-family dwelling

• Unit not used exclusively for single family dwelling

• Detached garages

• Personal property

• Appliances, carpets, and carpet pads

• Outdoor awnings, antennas or aerials of any type, other equipment

• Abandoned property (debris at described location)

• Dwelling not primary residence

2011 NFIP Claim Presentation

Amount of Insurance Required

•Not included in calculation:

–Footings, foundations, piers, other structures

or devices that are below the lowest floor and

that support all or part of the dwelling

–If no basement, supports listed above that are

inside the foundation walls

–Excavations and underground flues, pipes,

wiring, and drains

–ICC limit of liability

2011 NFIP Claim Presentation

VIII. Liberalization Clause

•Broadened coverage

–No requirement for additional premium

–Automatically applies to insurance if change

implementation date is within 60 days before,

or during, the policy term

–Additional premium required

–Does not fall within this clause

2011 NFIP Claim Presentation

IX. What Law Governs

• Federal Government

–Regulations issued by FEMA

–National Flood Insurance Act of 1968, as

amended

–Federal common law• Not subject to state insurance departments or

state and local courts

2011 NFIP Claim Presentation

Pop Quiz

2011 NFIP Claim Presentation

General Property Form

Read the policy!

Know the policy!

Coverage is subject to

limitations, restrictions,

and exclusions.

2011 NFIP Claim Presentation

General Property Form, continued

• Insures non-residential and other residential

property and their contents

–Other residential

– Hotels, motels (occupancy six months or more)

– Tourist homes, rooming houses (more than five or more

lodgers)

– Residential (except hotels and motels) more than four

dwelling units

– Incidental business occupancy is permitted if less than

25% of total floor area

2011 NFIP Claim Presentation

General Property Form, continued

Available Amounts of Insurance

Non-Residential $500,000

Residential $100,000

Other Residential $250,000

Non-Residential $500,000

Building Coverage

Personal Property Coverage

2011 NFIP Claim Presentation

II. Definitions

27. Stock

– Merchandise held in storage or for sale, raw materials,

and in-process finished goods including supplies used in

their packaging and shipping

General Property Form, continued

2011 NFIP Claim Presentation

General Property Form, continuedDefinitions, continued

•Stock includes

–Parts and equipment for self-propelled vehicles

–Furnishings and equipment for watercraft

–Spas and hot tubs, including their equipment

–Swimming pool equipment

2011 NFIP Claim Presentation

General Property Form, continuedIII. Property Covered

•Coverage A - Building Property

–Awnings and canopies

–Blinds

–Carpet

–permanently installed over unfinished floor

–Central air conditioners

–Elevator equipment

–Fire sprinkler system

see page 3 of 18 of the General Property Form

2011 NFIP Claim Presentation

General Property Form, continued Property Covered, continued

•Coverage B

–Building/Personal Property policy

– Personal property must be within a fully enclosed

insured building

•Personal Property only policy

–Located within the described building

2011 NFIP Claim Presentation

General Property Form, continuedOther Coverages

Coverage C

•Pollution Damage

–Direct loss from flood

–$10,000 limit

–Not an additional limit of liability

–Cannot exceed property value

–Does not include testing or monitoring

2011 NFIP Claim Presentation

General Property Form, continued

• Personal property owned or in the care, custody, or

control of a unit owner

- Except as described under Coverage B

• A residential condominium building

IV. Property Not Covered

2011 NFIP Claim Presentation

Condominiums

•Two types

–Residential Condominium Building Association Policy (RCBAP)

–General Property Form

General Property Form, continued

2011 NFIP Claim Presentation

Condominiums

•Tenant coverage

-10 percent extension

•Timeshares

Coverage

–General Property

–RCBAP

General Property Form, continued

2011 NFIP Claim Presentation

Residential Condominium

Building Association Policy

(RCBAP)

Read the policy!

Know the policy!

Coverage is subject to

limitations, restrictions, and

exclusions.

2011 NFIP Claim Presentation

RCBAP, continued

• Insures a residential condominium building

2011 NFIP Claim Presentation

The maximum building coverage for

a Residential Condominium Building

Association policy is $250,000 times

the number of units.

Available Amounts of Insurance

RCBAP, continued

2011 NFIP Claim Presentation

RCBAP Adjusting Issues

•Adjuster should obtain a copy of:

–The condominium master documents that are

applicable

–Insurance documents

–Adjusters must provide a detailed industry acceptable

replacement cost evaluation

–List of unit owners

–List of additional insurance

–Underwriting issues must be reported to the company immediately

Adjuster must be RCBAP certified by the NFIP

2011 NFIP Claim Presentation

RCBAP, continued

• Co-insurance Clause (80%)

Did

X Amount of Loss = Loss Payment

Should (apply deductible)

200,000

180,000X 150,000 = 135,000

(135,000-500=134,500)

2011 NFIP Claim Presentation

Learning Check

• Under what conditions can a General Property Form

provide Replacement Cost Coverage?

• Under a General Property Form for non-residential

property , a tenant has building coverage. Should the

adjuster obtain the lease agreement for the file?

• A condominium association has $670,000.00 in

coverage. The building has a replacement cost of

$1,200,000.00. How much would be paid on

a$125,000.00 loss with a $10,000.00 deductible?

2011 NFIP Claim Presentation

Learning Check Answer

$1,200,000X80% = 960,000.00

They should have had to meet 80% minimum required prior to

applying co-penalty.

670,000/960,000= 70% ITV

70%X 125,000.00 = 87,500.00 – deductible of 10,000.00 =

$77,500.00 claim payable

2011 NFIP Claim Presentation

Flood Insurance Reform Act of 2004

2011 NFIP Claim Presentation

Flood Insurance Reform Act of 2004

“… provide simple and complete information to

policyholders at the time of purchase, renewal

and at the time of a flood loss.”

2011 NFIP Claim Presentation

Flood Insurance Reform Act of 2004

Exact Coverage being Purchased

Exact Exclusions from Coverages

How Items are Valued

Loss History of Property – Number and Dollars

Section 202. Supplemental Forms

2011 NFIP Claim Presentation

Flood Insurance Reform Act of 2004

Sent to the Insured

Received Policy, Supplemental Forms, and Personal Property

not covered by Building Property coverage, but is available

To be signed by the Insured at the time of purchase and renewal,

acknowledging…

– policyholder has been given a copy of the flood policy,

– any supplemental forms, and

– has been informed to purchase coverage for

contents/possessions.

Section 203. Acknowledgement Form

2011 NFIP Claim Presentation

Flood Insurance Reform Act of 2004

Section 204. Flood Insurance Claims Handbook

Easy to read, but complete, given to the Policyholder

at the time of purchase, renewal and at the time of loss

and to all insurance companies, agents and adjusters

Contain all Information about Claims

Proof of Loss Requirements

Settlements

Filing

Settling a Claim under NFIP

2011 NFIP Claim Presentation

Flood Insurance Reform Act of 2004

Formal Appeals Process

Adjusters, Agent, Adjuster’s Supervisor

WYO Companies

FEMA

Section 205. Appeals of Decision Relating to

Flood Insurance Coverage

2011 NFIP Claim Presentation

ADJUSTER AUDIT ISSUES

2011 NFIP Claim Presentation

AUDIT ISSUES

1. Incorrect Estimate/Worksheet Calculation

Estimates are line by line, room by room using unit costs

Depreciation to both building/contents line by line

Rooms should be described and identified

Typically overhead /profit is not applied-at least three trades

Include only building items on the building

estimate/worksheet

Qualifications for R/C clearly documented

2011 NFIP Claim Presentation

AUDIT ISSUES

2. Insufficient Damage documentation

Invoices may be needed to adequately support a commercial

inventory – Salvor or CPA

Photographs should adequately document the claimed

damages – also undamaged elements/contents

2011 NFIP Claim Presentation

AUDIT ISSUES

3. Payment Processing Errors

The adjuster should make all payment recommendations

clear

Other claim documents including the estimate/worksheet,

final report, and Proof of Loss should support the

recommendations

2011 NFIP Claim Presentation

AUDIT ISSUES

4. Covered loss exceeded the value of certain items

Care is taken when Special Limits are claimed

Loss Avoidance Measures should be supported with invoices

Property removed to Safety claims should be supported with

invoices

2011 NFIP Claim Presentation

AUDIT ISSUES

5 Case Loss Reserving

The reserving system mandates that reports be timely and

reflect true reserves

Stat reserves by WYO

The NFIP Preliminary Report should refine the case loss

reserve amount

FEMA Bulletin W-08095

December 22, 2008FEMA Bulletin W-10008

February 4, 2010

Updated FEMA Bulletin W-10100

December 17, 2010

2011 NFIP Claim Presentation

Adjusting Issues

Technical Bulletins for WYO:

W-04011

Claims Payments on Enclosures at or above the BFE

W-04020

Flood Insurance Claims Guide

W-04091

Flood Insurance Claims Guidance (Elevated Building Slabs)

W-06019

Waiver of the Two-Year Limit for ICC

W-08008

Elevation Wind/Water Investigative Tips

2011 NFIP Claim Presentation

Adjusting Issues, continued

W-08043

Claims Guidance Detached Garages

W-08052

NFIP Adjuster Fee Schedule

W-08070

Claims Guidance-Hurricane Gustav and Ike

W-08095 / W-10008 / W- 10100

NFIP Case Loss Reserving Procedures

Technical Bulletins for WYO:

2011 NFIP Claim Presentation

Adjusting Issues, continued

W-09002

Formal Appeals Process – Issuance of Denial Letter

W-10017

Wind Vs Water – Adjusting Process

W-10065

Oil in Flood Water

Technical Bulletins for WYO:

www.nfipiservice.com

2011 NFIP Claim Presentation

Adjusting Issues, continued

Contents Manipulation Personal Property Coverage

purchased

Room by room lump sum not

allowed in estimates

Invoice/receipt needed if

recommended

Removal/storage not

included

2011 NFIP Claim Presentation

Adjusting Issues, continued

• Repair vs. Replacement

• Repetitive Losses

• Reserves

• Water Depth

2011 NFIP Claim Presentation

Adjusting Issues, continued

Water Depth

7’

Water Depth

Equals (+) 2’

2011 NFIP Claim Presentation

Remediation Issues

Prior to signing with

remediation contractor

Consult with the flood

adjuster or flood insurer

2011 NFIP Claim Presentation

Adjusting Issues, continued

Heating, Ventilation,

Air Conditioning

(HVAC)

2011 NFIP Claim Presentation

Adjusting Issues, continued

Elevators

2011 NFIP Claim Presentation

Adjusting Issues, continued

•Foundation elements

–Slab under elevated building

•Direct physical loss by or from

flood

–All earth movement is excluded

•Litigation

–Use experts

-Engineers, FEMA, WYO company staff

–Review with insured their duties after a loss

–Use current documentation

-Adjuster Claims Manual

-Standard Flood Insurance

Policy

–Commercial claims

–Business inventory

generally means the hiring

of a CPA

2011 NFIP Claim Presentation

Adjusting Issues, continuedDuties after a loss

•Duties of the Adjuster

–Investigate

–Evaluate

–Explain coverage to insured

–Report

–Litigation support

•Duties of the Policyholder

–Give prompt written notice of loss

–Mitigate the loss

–Cooperate with the adjuster

(see the policy forms for complete list)

•Duties of the Insurer−Process claim

−FIRA requirements

−Policy reformation

−Approve or deny

claim

−Options after loss

2011 NFIP Claim Presentation

Adjusting Issues, continuedFoundations/Slabs

2011 NFIP Claim Presentation

Adjusting Issues, continuedFoundations/Slabs

FEMA Bulletin W-04091

November 19, 2004

2011 NFIP Claim Presentation

Adjusting Issues, continued

Look inside the house for:

1) Cracks in drywall on walls and ceiling

2) Doors that stick

3) Gaps between walls and ceilings

4) Nails that are coming out of the drywall

5) Windows that are not square or are sticking

6) Floors that are cracked or not level

7) Gaps between walls and floors

Foundation / Basement

2011 NFIP Claim Presentation

Adjusting Issues, continued

Pre-existing Damages

Look outside the house for:

• Cracks in the masonry

• Gaps between bricks, doors and windows

• Bricks leaning away from garage doors

• Gaps between fireplace and house

• Sagging roof line

• Paint, caulking, vegetation in cracks

2011 NFIP Claim Presentation

Adjusting Flood Losses

Basement

2011 NFIP Claim Presentation

The definition of basement is: any area of the building having

it’s floor sub-grade (below ground level) on all sides.

Basement, continuedAdjusting Flood Losses

2011 NFIP Claim Presentation

Do basement coverage restrictions apply in each of these

structures?

Basement, continued

Adjusting Flood Losses

2011 NFIP Claim Presentation

REMEMBER !!!

Basements

2011 NFIP Claim Presentation

There is Restricted

Coverage

in all

Basements

2011 NFIP Claim Presentation

PORCH DEFINETION

1. porch, structure, construction

usage: a structure attached to

the exterior of a building often

forming a covered entrance

2011 NFIP Claim Presentation

Elevated Buildings

2011 NFIP Claim Presentation

Elevated Buildings, continued

2011 NFIP Claim Presentation

Elevated Buildings, continued

2011 NFIP Claim Presentation

Elevated Buildings, continued

• Base Flood Elevation (BFE)

• Top of Bottom Floor

• Top of Next Higher Floor

• Highest Adjacent Grade (HAG)

• Lowest Adjacent Grade(LAG)

The Elevation Certificate

2011 NFIP Claim Presentation

Elevated Buildings, continued The Elevation Certificate

2011 NFIP Claim Presentation

Elevated Buildings, continued The Elevation Certificate – Building Photographs

2011 NFIP Claim Presentation

Elevated Buildings, continued

• Diagrams 1A,1B,2

The Elevation Certificate - Building Diagrams

2011 NFIP Claim Presentation

Elevated Buildings, continued The Elevation Certificate - Building Diagrams

•Diagrams 3,4,5,6

2011 NFIP Claim Presentation

Elevated Buildings, continued The Elevation Certificate - Building Diagrams

•Diagrams 7,8,9

2011 NFIP Claim Presentation

Is it Wind or Water?

Wind/Water Investigative Tips

W-08008

2011 NFIP Claim Presentation

Is it Wind or Water?, continued

•Tornado damage

•Building construction

–Wind resistance

–Take photos

–debris

–tiedowns

–connectors

–Was it elevated?

–Ask neighbors

2011 NFIP Claim Presentation

Is it Wind or Water?, continued

2011 NFIP Claim Presentation

Is it Wind or Water?, continued

2011 NFIP Claim Presentation

Is it Wind or Water?, continued

2011 NFIP Claim Presentation

REVIEW!!!!!!!

2011 NFIP Claim Presentation

FLOOD CRITIQUE

You will receive an email with a link to the evaluation for this workshop.

Please take a few minutes to fill it out so that we can improve workshops for next year.

2011 NFIP Claim Presentation

Did Not Get Notification ????

To be added to our email list SEND US AN EMAIL :

adjusters@h2opartnersusa.com

Subject line: Adjuster List

2011 NFIP Claim Presentation

Where to get help!

WWW.FEMA.GOV

WWW.MSC.FEMA.GOV

FEMA Flood Map Store

2011 NFIP Claim Presentation

Resources

• Adjuster Claims Manual

• NFIP Flood Manual

• Community Status Book

www.fema.gov

• WYO Bulletins

• Preliminary Damage Assessment

• Adjuster Certification Application

www.nfipiservice.com

• Current Effective Maps/Historical Maps

www.msc.fema.gov

2011 NFIP Claim Presentation

Resources

Adjuster Certifications

Mail:

NFIP Bureau & Statistical

Agent Certification

Coordinator

P.O. Box 310

Lanham, MD 20703­0310

Fax:

301 577-3421

2011 NFIP Claim Presentation

All attendees will be receiving an email with a link to a survey and feedback form.

Please Take Time to complete and help us improve our training effort!

THANKS

Evaluations - Online

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