We finally had the insurance adjuster over to look over our limited hurricane damage. One of our problems was that water had come in through the walls (soaking the carpet, damaging furniture, etc.) during the hurricane. The adjuster said it was "hydrostatic" damages that were not covered by our insurance. I got the impression that he said water was seeping in between our slab and the cbs walls because of air pressure from the hurricane. It only happened in 2 walls our house and we'd like to do whatever we have to do so that it doesn't happen again. I was planning on just painting over the water stains with Kilz and then paint. But would appreciate suggestion as to what to do to repair it so that it won't happen again.
I take it that the insurance company adjuster is claiming that this was ground water seepage? Did the outside water level approach the foundation ?
If the answer is yes.. then the damages are covered by flood insurance. see
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P.S. I'm assuming this is in Florida..
Otherwise.. Watch for resolution of this case..
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"Carl J. Ferro & Italia, Inc. et al. v. Florida Windstorm Underwriting Association"... A class action currently pending in Broward County Circuit Court.
"The issues in this case are similar to those raised in the matter styled Anil Gajwani and Suresh Gajwani v. Lexington Insurance Company and Florida Windstorm Underwriting Association, Miami-Dade County Circuit Court. The Gajwanis suffered damage to their residences as a result of Hurricane Irene. FWUA denied the Gajwani?s claims on the grounds that the damage was caused by wind-driven rain and, therefore, excluded under the policy. Lexington, the homeowner?s carrier, also denied coverage, relying on a windstorm exclusion endorsement in its policy."
"The trial court entered final summary judgment in favor of the Gajwanis and against FWUA, finding, inter alia, that the wind driven rain exclusion violated public policy because the FWUA was created to provide people with windstorm coverage and this exclusion eliminated the coverage people were supposed to receive. In granting the summary judgment, the trial court also found that FWUA tacitly admitted there was coverage by agreeing to an appraisal, and because in 2000, FWUA revised its policy to eliminate the wind driven rain exclusion."
The Appeal of the Gajwanis case is likely to be decided one way or another in the next year. http://199.242.69.70/pls/ds/ds_docket?p_caseyear=2004&p_casenumber=1392&psCourt=3&psSearchType= P.S. The Insurance adjuster was most likely full of it.. (About it not being covered..)
One should expect that wind driven rain damage is to be expected in a hurricane. Now.. the decision for you.. were your losses greater than your wind storm deductible? If yes.. file an appeal and/or ask for mediation.
Or wait a bit longer.. document, mediate/fix your damages, and tally up your losses.
You might mention "Anil Gajwani and Suresh Gajwani v. Lexington Insurance Company and Florida Windstorm Underwriting Association" in your claim. If your insurance company fails to act in good faith, that increases the insurance companies liability well beyond the actual damages. (And is worthy of a lawyers attention).
Note: Any company who's policy is supposed to supplant a FWUA policy must have similar terms.
Florida Department of Insurance Bill Nelson Treasurer, Insurance Commissioner and Fire Marshal
All Property and Casualty Insurers
Wind Exclusion Endorsements
The Department of Insurance has learned that some insurers are interpreting their wind exclusion endorsements to exclude coverage for structural damage when such damage is caused by rain that enters a structure through an opening not created directly or indirectly by wind. We have found some instances where these types of claims have been denied, in contravention of the wind exclusion endorsement.
While individual policy language would have to be considered in context, the Department's approval of wind exclusion endorsements has been predicated on the premise that the only coverage that can properly be excluded under the endorsement is that which is provided by the Florida Windstorm Underwriting Association.
The misapplication of the wind exclusion endorsement and denial of claims for structural damage caused by rain that enters a structure through an opening not created directly or indirectly by wind, appears to present an unfair trade practice, violative of Part IX of Chapter
626 of the Insurance Code, subjecting insurers to administrative fines and other appropriate administrative action.
Water damage is water damage. If you have flood insurance, make a claim. If you get no satisfaction, contact the state insurance commissioner and let the insurance companies know you have/will. Or request a different adjuster. Not every adjuster treats each problem identically. Insurance adjusting can be very, very subjective unfortunately.
The walls are cement block with paint over it (here cement block construction is very common and is referred to as "CBS") and yes we live in Florida. As we live in a "high" area at least for Florida, we do not have Flood insurance.
Our damages from this water intrusion were basically minor....just water stains on the wall and one damaged piece of furniture. If our insurance company comes through with what they seemed to indicate, we'll be happy with the settlement. I'd just like to know if there is anything I can do to prevent this type of water intrusion again.
By the way, during all three hurricanes (which we got pieces of), we NEVER had any standing water outside and the line between the foundation and the block walls (pointed out to me by the adjuster..where you could see a line of moisture) was well above ground level. On some areas of our exterior walls, you can see where a layer of ? (cement?) has been spread over the connecting areas but it's only done in places. Come to think of it, it's been done in the areas that leaked. Maybe a previous owner tried a repair.
Is there anything I can do to fix this or should I just move the furniture when the next "blowhard" comes calling!?
If this happened during a "named event" and it wasn't "rising water" (flood) you will be covered by your windstorm policy, not your homeowners. The problem is your deductible is typically $2,000 to $4,000, depending on what the total insured value is and the option you selected. That deductible is "per event". If it is spread out over the 3 storms that hit central Florida you may actually be looking at $6,000-$12,000 in deductibles. Some insurers are giving folks a break on this. This will have to be a significant amount of damage before it is worth putting in a claim.
One trick I have seen on stem wall houses is to put a 4" wide piece of foam over this joint and stucco over it. They usually do it as a cosmetic element in other places but when it is over a joint it will let it move a little without cracking the outside finish.
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