In the Affidavit of redacted, he states: “I ran the snake under the house about 12-15 feet and located the clog. The water then drained out to the street.” This indicates the blockage was within the perimeter of the footer of the structure.

The Florida Building Code – Plumbing 8^th Edition (2023) contains specific definitions, (see attached Exhibit A).

BUILDING DRAIN. That part of the lowest piping of a drainage system that receives the discharge from soil, waste and other drainage pipes inside and that extends 30 inches (762 mm) in developed length of pipe beyond the exterior walls of the building and conveys the drainage to the building sewer.

Based on this definition, the clog was within the defined “Building Drain”.  Further understanding can be gained by reading the definitions for the various components of the “Building Drain”. They include:

Combined. A building drain that conveys both sewage and storm water or other drainage.

Sanitary. A building drain that conveys sewage only.

Storm. A building drain that conveys storm water or other drainage. but not sewage.

(formatting from Florida Building Code – 8^th Edition)

Once past 30-inches from the exterior walls of the building, Florida Building Code defines that portion of the plumbing as:

BUILDING SEWER. That part of the drainage system that extends from the end of the building drain and conveys the discharge to a public sewer. private sewer, individual sewage disposal system or other point of disposal.

Combined. A building sewer that conveys both sewage and storm water or other drainage.

Sanitary. A building; sewer that conveys sewage only_

Storm. A building sewer that conveys storm water or other drainage, but not sewage.

(formatting from Florida Building Code – 8^th Edition)

All these various definitions must be used to interpret the intent of the Policy Language. To do otherwise would mislead the Court.

The post Sanitary Sewer Coverage VS Storm Sewer Exclusions appeared first on Dorsten Claims.

If you made a Hurricane Ian claim, you have until March 26, 2023 to notify your insurance company that you are seeking payment for your damages at the replacement cost value (RCV).  Not filing this letter may mean less money for your repairs and damaged property. This means you could lose money your insurance company already included in your claim.

When there is a failure to notify your insurance company of your intent to seek the RCV (replacement cost value) of your damages within 180 days, it may allow your insurance company to pay the ACV (actual cash value) of your damages. The 180-day notification clause allows them to avoid payment even though you purchased and paid for RCV coverage.

For starters, it is important to understand the difference between RCV and ACV.

RCV (replacement cost value) is defined as the amount of money needed to repair your home at today’s prices of building supplies; or replace your belongings at today’s cost of the similar or like item.

The definition of actual cash value (ACV), sometimes referred to as the “sound value,” or “‘fair market value”, In Trinidad v. Fla. Peninsula Inc. Co., the Supreme Court of Florida held that the “actual cash value is generally defined as replacement cost minus normal depreciation. The court defined depreciation in this context as the “decline in an asset’s value because of use, wear, obsolescence, or age.   Put into simpler terms, the ACV (actual cost value) is the RCV (replacement cost value) with the decline in value due to age factored into the price.

Generally, in Florida, an insurance company is allowed to only pay the actual cash value (ACV), instead of the replacement cost value (RCV), of the loss, even if the policy provides for replacement cost.

Some policies require the insured to repair or at least inform the insurance company of the intent to repair to collect the RCV. This is the reason it’s important for an insured to notify the insurance company of the intent to seek the RCV of the damages caused within 180 days of the date of loss.

An example of a policy with these conditions:

SECTION I – CONDITIONS

1. Loss Settlement
2. You may disregard the replacement cost loss settlement provisions and make claim under this policy for loss to buildings on an actual cash value basis. You may then make claim for any additional liability according to the provisions of this Condition D. Loss Settlement, provided you notify us, within 180 days after the date of loss, of your intent to repair or replace the damaged building.

(2) You may make a claim for loss on an actual cash value basis and then make claim for any additional liability in accordance with this endorsement provided you notify us of your intent to do so within 180 days after the date of loss.

The policy language doesn’t require you to make the actual repairs or replacements in the 180 days after your loss, however there is language that requires you to give notice to your insurance company that you intend to seek the replacement costs, or they may only pay on the ACV (actual cash value)

If you have a public adjuster helping you with your claim, they should be writing and sending this letter for you, however it would be good to check in with them to make sure this is the case.  If you are working on your own claim, you can give the insurance company your notice of intent and write a letter of advisement as follows:

Your Name, Address, Phone Number and Email Address.

Name and Address of Insurance Company.

Your Claim Number and Policy Number.

I/We are hereby notifying you that I/We is/are seeking the full replacement cost value of the loss in accordance with the insurance policy as to all applicable coverages, dwelling, other structures, personal property, content, loss of use, additional living expenses, ordinance, or law and/or matching related replacement for purposes of repair to place our property in its pre-loss condition. This notice is provided within 180 days from the loss on 9/28/2022.

Your Signature

Not every carrier in Florida enforces the 180-day notification requirement but you don’t want to get caught on the wrong side of one that does.

The post 180 Day Notice for Recoverable Depreciation appeared first on Dorsten Claims.

Bay County Wildfire Insurance Claim

Wildfires can either destroy your property or damage it with smoke. While the recent Bay County wildfire primarily burned trees downed by Hurricane Michael, the smoke traveled across Panama City, Calloway, Youngstown, Chipola and Bayou George Florida.

If your home was completely destroyed by the Bay County “Chipola” wildfire, you shouldn’t need the help of a Public Adjuster to process your insurance claim. Your carrier should pay for your home and contents. The problems arise if your house was damaged by smoke.

Wildfire Smoke Damage

There is more to smoke than just the black carbon or soot. Other chemicals and temperature differences cause the smoke to penetrate dressers, closets and other enclosed spaces such as air conditioning systems. Smoke damage may be visible or cause an odor but unseen chemical reactions also occur.

If the smoke damage is light, you may be able to clean the hard surfaces and wash the fabric items. If there was more damage or do-it-yourself methods don’t work, you may have to file an insurance claim.

Smoke or Fire Damage Claim – What is Covered?

Smoke damage from the Bay County “Chipola” wildfire is covered under your Homeowners or Renters Policy. Damage to the house will be Coverage A: Dwelling and damage to your curtains, bedspreads and clothing will be Coverage C: Contents.

Insurance company adjusters typically do not have Smoke and Fire Damage Restoration training. They often utilize outside vendors to test, analyze and prepare reports. This information should be cross-referenced by the adjuster who prepares your insurance claim.

At some point during this process, you may decide you want Dorsten Claims to help. When you do, just call us at (850) 276-7326.

What to do when filing a Smoke or Fire Insurance Claim:

• Document any damage you observe; take photos, go to the doctor, save damaged items.
• Cooperate with your insurance company and their adjusters. Take notes or record the inspections.
• Be your own advocate and make sure everything is inspected and documented by the carrier representatives.
• Hire your own experts. This may or may not include a Public Adjuster like Dorsten Claims but do not accept what the insurance company tells you without a critical analysis.
• Be careful when hiring contractors, cleaning companies or even accepting the vendors provided by your insurance company. Do some research. A bit of checking now may save a lot of problems later.
• Watch the cleaning process. Not every item can be cleaned. If you don’t like the results, tell your insurance company you want that item replaced.

The post Has your property sustained smoke or fire damage from the Bay County Wildfire? appeared first on Dorsten Claims.