It’s thе tіmе оf year whеn thе temperatures warm аnd thе flowers bloom, putting uѕ аll іn a chipper mood. But, it’s аlѕо tіmе fоr thunderstorms, whісh mоѕt оftеn occur іn thе spring аnd summer months, according tо thе National Severe Storms Laboratory.
When trees are down it’s important to know where you stand. What’s Covered, What’s Not? It’s important tо review whаt уоur homeowners insurance, аnd еvеn уоur car insurance, mау оr mау nоt cover whеn іt соmеѕ tо damage frоm fallen trees.
Hеrе аrе fіvе important things tо kеер іn mind:
1. Yоur homeowners insurance will cover tree “removal” аnd damage repairs fоr уоur home аnd оthеr insured structures, ѕuсh аѕ fences, sheds and pools: A tree falls оn уоur property аnd damages оnе оr mоrе insured structures (like your home, fence, sheds, decks, pools, walkways). Now Whаt? Yоur homeowners insurance wіll pay thе cost оf removing a tree off a covered item it has “struck”, crushed or came in contact with.
So, say a tree hits your house, fence, shed, deck, or pool. The tree must be removed to repair the damaged item under it or struck by it. Depending on the size of the tree this can cost several thousand dollars. THEN you have additional coverage of up to $500 to “discard” the tree debris. So, don’t let your adjuster tell you you only have $500 for tree removal. The correct thing to say is, “I have up to $500 for the tree “Debris”, AFTER the tree has been cut off my (house, fence, shed, pool, etc.).
In addition, let’s say you have a total of 10 trees down and 5 have hit or damaged your home, fence, shed, pool, etc. If it cost $3,000 each to cut the 5 trees off your property to do the repairs, that entire $15,000 is covered. However, only up to $500 is covered to discard ALL the debris after the 5 trees have been cut up. “What about the other 5 trees, Joe?” keep reading.
2. If there’s nо damage, there’s likely nо insurance coverage… OR IS THERE?: Yоu mау assume уоur homeowners insurance wіll cover thе removal costs оf аnу fallen tree, but thаt isn’t thе case. If a tree falls in уоur yard wіthоut damaging аnу insured structures, уоu wіll likely need tо cover thе costs оf tree removal уоurѕеlf.
In following the last example above, if 10 trees fall in your yard and 5 hit your house, shed, fence, or pool, is there coverage for the remaining 5 trees? In most cases, NO. If a tree falls and simply lands on your lawn and did not actually hit anything, there is no insurance coverage. Why? Your insurance covers your buildings, structures, and contents. However, there is no coverage for your yard in a fallen tree situation. Your “yard” is not covered – the items on it are.
HOWEVER, you may recall above that cutting trees “off” your building or structures is covered as you need to get the tree off of the item in order to repair it. Right? You can’t repair a fence or roof with a tree on it. Well, if a tree lands on your drive way or a walkway that obstructs access to work on your damaged property, then the removal of that tree is covered as it needs to be removed to complete the repairs – even though it did not damage anything. Make sense?
3. When yоur tree damages your neighbor’s property or vise-verse.: Simply put, “your policy” covers “your property”, no matter who owns the tree that fell. Whеn a neighbor’s fallen tree damages уоur property, уоur homeowners insurance pays for your damaged items. The neighbor’s insurance company pays for their damaged items. Same with the tree removal. Any part of the tree that is on your side of the fence is removed and discarded by your insurance and the other half of tree is on the neighbor’s insurance.
4. Yоur city оr municipality mау clean uр trees thаt fall іntо thе street, but уоu mау ѕtіll hаvе reason tо file аn insurance claim. Check wіth уоur city оr municipality tо determine who’s responsible fоr removing a tree thаt falls іntо thе street. If уоur city takes responsibility, іt mау оnlу bе fоr thе portion that’s іn thе street. Anу оf thе felled tree that’s left оn уоur property wіll bе уоur responsibility. Yоur insurance will only cover аn insured structure that was damaged іn thе incident.
5. Yоur car insurance mау cover damage tо уоur vehicle frоm a fallen tree. If a tree falls frоm уоur property оntо уоur car, it’s уоur car insurance аnd nоt уоur homeowners insurance thаt wіll cover thе cost оf repairs. But, thе tree doesn’t hаvе tо bе frоm уоur property. Yоu likely hаvе coverage іf a tree falls оn уоur car, nо matter frоm whеrе the tree came from. Even at a park or shopping center. Whаt mау nоt bе covered? Thе cost tо remove thе tree frоm atop уоur car.
Of course, еvеrу insurance carrier handles fallen trees differently. It аll depends оn thе specifics оf уоur policy аnd уоur coverage limits, аѕ wеll аѕ thе specifics оf уоur situation. If уоu need tо file аn insurance claim fоr a fallen tree, uѕе thе tips bеlоw.
Tips fоr Filing аn Insurance Claim fоr a Fallen Tree
Tаkе photos: Photos taken frоm mаnу angles аnd vantage points help tо establish thе extent аnd саuѕе оf thе damage. Bе careful nоt tо gо near fallen trees thаt аrе entangled іn power lines, hоwеvеr. And don’t climb оntо аn unstable surface tо gеt better photos.
Provide аѕ mаnу details аѕ possible: If, fоr example, a neighbor’s tree wаѕ neglected аnd fell оntо уоur property, causing damage, bе sure tо tell уоur carrier. If a storm caused thе tree tо fall, bе sure tо provide details аbоut thе severity оf thе weather.
Bе prepared tо pay уоur deductible: If уоu experience a covered loss duе tо a fallen tree, уоu wіll bе responsible fоr paying thе appropriate deductible.
Yоur homeowners insurance, оr car insurance, covers damage frоm a fallen tree іn mаnу instances. But, it’s important tо know whеn you’re covered аnd whеn you’re nоt. Sо review уоur policy wіth уоur local insurance agent аnd ask plenty оf questions аbоut whеn a fallen tree іѕ covered bу уоur insurance аnd whеn іt isn’t.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
An appraisal umpire is essentially an unbiased, competent and disinterested individual who is selected in cases where the policyholder and insurance carrier are engaged in the insurance appraisal process. An umpire is a professional who is appointed by appraisers as an impartial intervener who helps make decisions when the two appraisers reach differences. When either appraiser is in agreement with the umpire on the “amount of loss” for the damages, the decision is binding. In simplest terms, an umpire is an expert on the “amount” or “costs” for items that have suffered damage.
The Umpire ‘Clause’
The umpire clause is actually quite similar to an arbitration clause. It means that the insurance policy provides for a means of settlement or resolution of a case with the intervention of a third unbiased party. This is required when the two sides involved (the insurance company and the policyholder) are unable to agree on a fair claim amount, despite hiring independent appraisers.
Appointing An Insurance Umpire
The decision with regards to the appointment of an umpire is part of an appraisal process. It is included in most property policies, but a few insurance companies may have eliminated the clause from their policy. The cost of a lawsuit or court proceedings may actually be avoided by both parties who decide to use this process for a mutually amicable resolution of their dispute.
Most legal experts suggest that the services of an umpire possibly be utilized in every appraisal process. It is not mandatory to use their services to the fullest extent, but if hired right in the beginning, i.e. when the appraisal process is initiated, they will be ready with all details related to the insurance claim case. This makes them readily available to act in case the two appraisers are unable to settle on an agreeable amount or claim value.
Benefits To Policyholders
Many a times, the policyholders are left frustrated and with no choice but to accept the amount offered by the insurance company. It is also true that in most cases, the insurance company fails to provide a notification to the policyholders about their rights of participation in various beneficial forums such as those geared towards resolving property damage claims. So the appraisal process can actually be a very effective alternative insurance claim settlement process for the policyholder, given that it is conducted in a proper and systematic manner.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
When your insured home has been damaged in a burglary or by natural causes, you may draw solace from the fact that your insurer will cover at least the monetary loss that you have sustained. However, many homeowners get a rude shock when the insurance company seems to be very unwilling to accept their claim, no matter how reasonable it is. This unfortunate state of affairs could confront you as well if you have signed up for coverage with an insurance company that does not really act in good faith.
You have a right to good faith conduct from your insurer
Your insurance company has to protect your interests when you file a claim for compensation as per the terms of your homeowner’s insurance policy. Good faith conduct means that the insurer adjusts your claim in a timely manner. In case there is a reasonable cause to reject it, it is up to your insurer to make this known to you as soon as possible.
In many cases, what really happens is that the insurance company keeps the claim hanging in limbo indefinitely without giving the claimant any clear indication of whether or not the claim will eventually be processed. Worse still, the claimant may not be able to find out why the process is being delayed and how he can hasten it.
When your home has been substantially damaged in a fire, flood or during burglary, such a delay can prove to be much more than just a major inconvenience. Your inability to pay for repair or restoration affects your quality of life severely. Your life cannot go back to normalcy until the claim is paid and you can complete the repairs to make your home suitable for living once more.
What you should do to speed up the claims process
If you are facing inordinate delays in claims processing, you should send a formal query in written form to your insurer. In this written query you should mention the date on which you have made the claim and any subsequent follow- ups you have made over phone or in person. At any point, if you do interact with your insurance company over phone, make a note of the person you have spoken with and the gist of the conversation.
When making a written complaint about delay in claims processing, correspond with your claims adjuster as well as his supervisor and mention the relevant details of your case in the letter. In case you have to take further action, this written record will show exactly how your insurer has acted in bad faith with respect to your claim.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
I advise people all the time that their insurance company is not “really” looking out for their best interest at all times. The truth is that your adjuster is “first” and primarily looking out for the interest of the insurance company, their employer! Most insurance industry articles and classroom content is designed to teach the adjusters “what to look out for”, as if the insureds are all liars first. It’s guilty first. Look for deception, then handle the claim. Here’s an article in an insurance industry magazine that shows such.
“As always”, all contents related articles in any industry magazine will be written by an executive of Enservio, and this follows suite. You’ll notice that in all of the four topics of the article it’s about what the carrier is doing wrong… (ways to “first” investigate if the insured is a liar). It’s a good article and sheds some light from the carrier side. Do policyholder’s make false claims and bad judgements, sure, however, in more instances than not the carrier’s inexperienced adjuster is incorrect, NOT THE INSURED! Why don’t these professionals write more articles teaching the adjusters how to assist the insured in recovering all they are entitled too? (hmmmm)
Holding my breath waiting for an article that teaches adjusters how to go the extra mile to assist the policyholder… exhale (enough of that).
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
When your possessions are lost or ruined after a fire or your home is destroyed or partially damaged, you are probably a tad emotional. That doesn’t put you in the best position to negotiate with your insurance company after filing a claim. You need someone on your side with a clear head, someone who can help you get what is rightfully yours, which you have earned from paying your insurance premiums. Insurance companies, when left to their own devices, might not always give you what you deserve. Jeff Blyskal, senior editor at Consumer Reports, says you need to be tough when you work with your insurance agent and be ready for a fight. But, why fight as the underdog when you can have an expert fight for you in an insurance dispute?
The Appraisal Clause
All homeowner’s insurance policies are different, and each state has laws that vary. However, many insurance policies have an appraisal clause, which gives you the right to file an insurance claim dispute. This clause allows you to get a second opinion on how much your home and property are worth, says Greg Hawkins, Director of Consumer Services in the Office of the Insurance Commissioner. If you think you are being short-changed to the tune of $20,000 or more, often substantially more, the service of an independent appraiser who can offer claim help will likely pay for itself many times over.
The Insurance Discrepancy
Let’s say you received bids from several contractors who all say it’ll cost about $200,000 to repair your home from fire damage. Then, your insurance company contacts you and says it will cut you a check for $80,000 to cover the repairs. That would be the time for you to start a claim dispute.
The Claim Dispute
To file a claim dispute, you need to notify your insurance company of what you intend to do in writing, ideally through certified mail. When you file, tell your insurance company that you wish to use an independent appraiser to determine the damage to your property and possessions. Understand, however, that an independent appraiser that you hire will come up with a number based on the cost to repair and replace. You should not expect a fire to become a bonanza for you, but you should expect to be made whole again.
We’re Here to Help
Your home is probably your biggest investment. You need to hire someone who is an expert in appraising property damage and understands the insurance claim dispute process. The Insurance Claims Group, Inc. is an expert in this field. We have qualified appraisers who act on your behalf when you have an insurance dispute. Call us at 919-669-9111, or visit our website at InsuranceClaimsGroup.com when you need claim help.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Moore, Oklahoma: Helping others, providing donations, and lending a helping hand is the American Way! Ask the victims of 9/11, Hurricanes Katrina and Andrew, Joplin, MO Tornado, and of course those still in need from Super Storm Sandy, how grateful they were to receive assistance, and pure human kindness from other human beings Worldwide… Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
For the last few years I’ve been consulting many of my clients of the practice used by “some” insurance companies called Delay, Deny, Defend. Below is actually the “second” report Anderson Cooper has done about this topic. Although the report is about auto claims… the same holds true for home insurance claims, business claims, etc.
There is also a book titled “Delay, Deny, Defend by Feinman, Jay M. which can be purchased here. The book and videos are real eye openers… no matter which side you’re on.
The other story by Anderson Cooper was reported on the TV show “360 with Anderson Cooper”. It was reported in two parts. See them both here:
Insurance Dispute Part Two
Insurance Dispute Resolution
As stated, these stories are about auto claims, however, insurance companies use this Delay, Deny, Defend game for home insurance claims, business claims, etc.
Yes, you can dispute low-ball insurance claim estimates with your insurance carrier or adjuster. Many insureds disagree with their insurance adjuster with larger insurance claims. A clause called Appraisal is within most insurance contracts that allows you to settle your insurance dispute with your insurance company using a less costly and less time consuming process than a law suit.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Many hail damage claims events have engulfed the United States this past year. This has caused an increase in the amount of hail damage claims that have been reported to insurance companies. However, the increase in hail damage claims reported is not just from the claim events themselves, but rather unethical contractors as well. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
March 2011 a tornado wreaked havoc in Westmoreland County, Pennsylvania (PA). The tornado first touched down in Sewickley Township. Now, almost 7 months after the tornado ripped through the area, Jamie & Denny Cerilli have been notified by their insurance company, Allstate, that their tornado claim dispute will need to be settled via the insurance appraisal clause within their homeowners policy. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
The NC Department of Insurance gives Hurricane Irene information and claim help for you to stay away from potential fraud and also to process claim issues after the hurricane strikes.
Hurricane Irene Claim Help: NC state inspectors warn that many policyholders will unknowingly be unaware of the following hardships: Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.