Friday, September 23, 2011

After the Storm - Post-Hurricane Activities

You’ve sustained a major loss, perhaps as a result of a fire or hurricane. Now what?

  • Give the insurer prompt notice of the loss or damage; include a description of the property involved.  One of your first calls after the loss occurs should be a report of claim to the insurer, either direct to the insurer or via Seitlin. Don’t wait for perfect information; the insurer will work with you to fill in any gaps. Instead, report what you know now.

  • As soon as possible, give the insurer a description of how, when and where the loss or damage occurred. This information can be provided as part of the first report if available, or as it becomes available. Again, the key is to get the information to the insurer as soon as you can.

  • The policy requires the insured to try to prevent further loss or damage: “Take all reasonable steps to protect the Covered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim.”  In a nutshell, you must do what you reasonably can, as quickly as you can, to protect the property from further damage. This might include temporary repairs, e.g. boarding up broken windows, or beginning cleanup, e.g. drying out wet carpet and drywall, or moving undamaged property to a secure location out of harm’s way. DO NOT make permanent repairs to your damaged property unless the adjuster has reviewed your claim and given you permission to proceed. 

  • Have you identified and made arrangements with localcontractors, including restoration contractors, to begin cleanup, make temporary repairs, and salvage equipment and other property that can be saved? This could include "drying out" the premises, moving salvageable property to another location, and separating out property that is a total loss.  Do what you can prior to the loss to be prepared to discharge your duties after the loss. Remember too that Insurers tend to pay these post-loss, mitigation-related expenses as incurred as long as they aren’t exorbitant in light of the circumstances. Keep good records of your expenditures and present them to the insurer early on. An “advance payment” in reimbursement of the expenses is likely.

  • If feasible, set the damaged property aside and in the best possible order for examination.  In addition, take photographs of all damaged property, real and personal, right after the loss to the extent possible with safety foremost in mind. This will enhance the presentation of your claim and assist the adjuster in his or her investigation.

  • Generally, an insured has the burden to establish coverage under the policy and the amount of the covered loss. Seitlin personnel will help you to establish coverage but providing sufficient documentation in support of the claim is something the insured should be prepared to do. This will likely be the most time consuming and difficult part of the process.

  • Do youback up data,including business and accounting records,regularly and maintain the back up data in a secure offsite location?  It should now be clear that your business records will be invaluable in expediting the settlement of your claim. Spending some time before a loss occurs with your post-loss Duties in mind will facilitate the discharge of those duties.

  • Finally, cooperate with us in the investigation or settlement of the claim.  You must cooperate with the insurer, e.g. by providing the documentation and access they are entitled to. If you don’t, the settlement process will grind to a halt. The vast majority of insurers want to work with their insuredsto arrive at a fair settlement as quickly as possible. However, insurers are very willing to wait indefinitely to get information they are reasonably entitled to.

We encourage our clients to take the path of least resistance, i.e. work with, not against the insurer.  Please remember to contact your Seitlin Claim Consultant with any questions you may have.

Hurricane Preparedness Strategies

A prompt, fair settlement of a first party property insurance claim primarily depends on two things; sufficient insurance coverage and sufficient documentation to establish the amount of the loss.

Coverage is fixed; there is nothing you can do to change it to your benefit after a loss occurs. Therefore, you should focus on the things you can influence or control, e.g. avoidance, mitigation and documentation as more fully described below, to enhance the final outcome after a claim is submitted.

It’s especially important to do what you can “pre-loss” to be prepared to move forward quickly after a loss occurs, including discharge of your duties under the policy.
 
Are you prepared to move forward in the optimal manner after a loss? The answers to the following questions may help you to determine your state of readiness. “No” answers are not the ideal and may indicate a “preparedness gap.” We recommend taking action as follows to close the gap before a loss occurs.
 
1. Avoiding a loss is the best strategy. Have you done everything you can do to avoid or minimize a loss, e.g. alarms, sprinklers,hurricane shutters orimpact resistant glass, upgrading structures to meet the current building code?
 
2. Do your contracts include a clause that shields you from liability for damages if you are unable to perform your contractual obligations as a result of events or forces beyond your control?
 
3. Have you assigned internal responsibility for handling the claim with the insurer and communicating with corporate management, especially if multiple locations are involved?
 
4. Do you keep a list of relevant insurance policies and related information including:
  • Contact information for your Seitlin agent
  • Insurer names, policy numbers, policy periods, deductibles and coverage limits
  • Instructions for contacting insurers directly if your Seitlin agent is unavailable
You should keep a copy of your completed list both on and off premises.In addition, provide your Seitlin agent with contact information for your key personnel.

5. Do you have contingency plansfor securing essential services at your current location if services are disrupted? Will a generator be available? Can you obtain internet and phone service by satellite or other means? Have you secured access to fuel for your fleet?
 
6. Assuming you can't continue operating at your current location, have you made arrangements to operateatanother location?
 
7. Have you identifiedequipment dealers or leasing companieswho can provide necessary equipment to keep your business going in the short term and provide replacement equipment going forward?
 
8. Have you identified and made arrangements with local contractors, including restoration contractors,tobegin cleanup, make temporary repairs, and salvage equipment and other propertythat can be saved? This could include "drying out" the premises to avoid mold, moving salvageable property to another location, and separating out property that is a total loss.
 
9. Do you maintain a continuously updated inventory of all your business personal property, including documentation [receipts, photos, video records] to prove the existence of the property?
 
10. Have you identified the best sources for replacement of your business personal property?
 
11. Do you back up data,including business and accounting records,regularly and maintain the back up data in a secure offsite location?
 
Seitlin personnel are ready to assist you with pre-loss preparation. Please contact Seitlin with any questions or concerns you may have.