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.

The NHC report has multiple references to wave action and the most notable, on page 9 of 72 is erroneous. Additional information on wave height is included on page 50 of 72.

The Report references a YouTube video: https://www.youtube.com/watch?v=igsz7cqg-Zk&t=26612s

Page 9 is excerpted in italics

SOUTHWESTERN FLORIDA

Maximum inundation levels of 10 to 15 ft AGL occurred on Fort Myers Beach and Estero Island. A USGS water level sensor measured a wave-filtered water level of 12.70 ft above MHHW at Fort Myers Beach Pier (Fig. 8, Fig. 10), which was the highest water level measurement from this network. Nearby, a remote camera mounted by stormchaser Max Olson captured the evolution of the storm surge event on Fort Myers Beach. The camera was located less than 0.5 miles to the east on Estero Blvd relative to the USGS water level sensor. A timeline of images taken from this video footage is shown in Figure 11: (a) The onset of storm surge inundating the streets, (b) rapidly moving water carrying large floating debris, (c) a home in the view of the camera floating off its foundation with large waves crashing over it, (d) waves splashing over the camera, mounted approximately 12 ft above the road, and (e) receding waters revealing a barren landscape approximately 6.5 hours after the first image. Figure 10 shows the USGS hydrograph and the photo timeline overlaid to help relate the sensor measurements to on-the-ground impacts. These observations provide a glimpse of the life-threatening and destructive power of the storm surge and waves that occurred throughout the area.

The collapse referenced in the Report occurred at 4:18:30 in the video.

Aaron Harris P.E. disagrees with the NHC narrative with the following points:

• The threshold at the bottom of the front door was visible. This means the flood waters didn’t enter the house.
• At the height of the surge, the wind-driven waves would have crossed Denora Blvd which would not provide sufficient fetch. In other words, the waves would have been blocked by the buildings on the other side of Donora Blvd.
• At the time of the collapse of the house in the video, the trees are bending, the electric lines are shaking, and wind can be heard in the soundtrack.
• At 4:18:39, after a series of strong gusts, the roof breaks up and the top of the wall leans backward, away from the force of the wind. The building then twists from the force of the wind as it breaks apart.
• Only after the wind breaks the roof and walls from the floor does the surge have the necessary uplift force to carry away the remains of the structure.
• The wind destroyed the structure approximately 1-hour before the maximum surge height.

On page 50 the Report includes a graph of the maximum surge versus the maximum wave height above MHHW (Mean High Water Level). The timing of this event is after 1:30 PM but well before 2:00 PM. The maximum surge and wave height is approximately 1-hour later.

Figure 10 lists an Unfiltered water level of 15.3 feet and a filtered water level of 12.7 feet. Based on this we can infer a wave height of 2.6 feet. 

This seems to match photographs and eyewitness accounts of the wave heights. The Max Olsen video doesn’t document wave heights above 2.5 feet. The following photograph was taken by a security camera video overlooking the swimming pool at a condominium complex south of the USGS measuring station. Notice the waves out from the beach but not in the pool area.

We believe this is due to the shallow water extending out from the beach. Waves break in shallow water. Since the water becomes shallow miles out from Fort Myers Beach, the waves broke multiple times before reaching shore.

The eyewitness accounts of imbedded tornados should not be discounted. These coupled with damage rotated out of the wind direction indicate the 15-tornados documented in the HNC report is probably far below what actually occurred. 

The post National Hurricane Center Tropical Cyclone Report For Hurricane Ian regarding Surge and Wave Height appeared first on Dorsten Claims.

Automated weather observation products are typically sited in reports prepared by Professional Engineers.

To gain a better understanding of how the underlying data is collected and analyzed, I will refer to Aviation Weather Services publication AC 00-45H section 3.1.3 General Types of Observations

3.1.3 General Types of Observations. 

There are three general types of surface observations:

• Manual Observation. Weather observations done by a human weather observer who is certified by the NWS or the FAA.
• Automated Observation. Automated observations are derived from instruments and algorithms without human input or oversight. In the United States, there are two main kinds of automated observing systems: the automated surface observing system (ASOS) and the Automated Weather Observing System (AWOS). Detailed information on ASOS and AWOS can be found in the Aeronautical Information Manual (AIM), Chapter 7, Safety of Flight, Section 1, Meteorology. Automated METARs and SPECIs contain AUTO in the report (see paragraph 3.1.5.4).
• Augmented Observation. At select airports in the United States, the automated observing system will have input and oversight by human weather observers or tower controllers certified in weather observing. These are referred to as augmented stations. Human observers report weather elements that are beyond the capabilities of the automated system and/or are deemed operationally significant. The weather elements observed and reported by the human observer vary, depending on the selected airport. AUTO is not used in augmented reports.

The data sampling is described in 3.1.5.5 Wind Group and 3.1.5.5.1 Wind Gusts:

3.1.5.5 Wind Group.

METAR KOKC 011955Z AUTO 22015G25KT 180V250 3/4SM R17L/2600FT +TSRA BR OVC010CB 18/16 A2992 RMK AO2 TSB25 TS OHD MOV E SLP132

• Wind is the horizontal motion of air past a given point. It is measured in terms of velocity, which is a vector that includes direction and speed. It indicates the direction the wind is coming from.
• In the wind group, the wind direction is coded as the first three digits (220) and is determined by averaging the recorded wind direction over a 2-minute period. It is coded in tens of degrees relative to true north using three figures. Directions less than 100 degrees are preceded with a 0. For example, a wind direction of 90 degrees is coded as 090. A wind from the north is coded as 360.
• Immediately following the wind direction is the wind speed coded in two or three digits (15). Wind speed is determined by averaging the speed over a 2-minute period and is coded in whole knots (kts) using the units, tens digits, and, when required, the hundreds digit. When wind speeds are less than 10 kts, a leading 0 is used to maintain at least a two-digit wind code. For example, a wind speed of 8 kts will be coded 08KT. The wind group is always coded with a KT to indicate wind speeds are reported in knots. Other countries may use kilometers per hour (KPH) or meters per second (MPS) instead of knots.

3.1.5.5.1 Wind Gust. 

• Wind speed data for the most recent 10 minutes is examined to evaluate the occurrence of gusts. Gusts are defined as rapid fluctuations in wind speed with a variation of 10 kts or more between peaks and lulls. The coded speed of the gust is the maximum instantaneous wind speed.
• Wind gusts are coded in two or three digits immediately following the wind speed. Wind gusts are coded in whole knots using the units, tens, and, if required, the hundreds digit. For example, a wind out of the west at 20 kts with gusts to 35 kts would be coded 27020G35KT.

Based on the NOAA methodology provided above, when an Engineering Report quotes AWOS or ASOS data, it must be remembered the wind speed is a 2-minute sampling taken close to the top of the hour. Wind gusts suffer a similar admission of data since they use a 10-minute sampling period.

With a 2-minute period, an AWOS or ASOS omits 96.7% of the wind speed data. We can infer eyewitness accounts of high wind periods including wind shifts are credible and may not be reflected in Engineering Reports if the changes occurred within the 58-minutes of data omitted from the wind speed calculations.

A similar situation exists with wind gust reporting. With a sampling period of 10-minutes, 83.3% of the data is omitted from the report.

If the PE preparing the report does not understand the limitations of the automated systems, erroneous conclusions are quite possible.

All of the published information included in this memorandum is included in the FAA Private Pilot training program. It is covered in the FAR/AIM, written tests, Ground School and CFI 

The post Automated Weather Observations Referenced in Engineer Reports for Hurricane Damage Evaluations 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.

The uneven distribution of insulation will make some rooms heat and cool quicker. As the temperature in these rooms cycle through the day, the homeowner will use air conditioning or heating when they normally would not. And, when the system is on, the requirements of these rooms will be higher which will throw the system off balance. Now we have a situation where the climate control systems are used more often and for greater duration than before the storm.

Now that most attics have trusses, access is much more difficult. This makes visual inspection more challenging but there are alternatives. Below, we have an infrared photo of the outside corner of a bathroom.

In this photo, the trusses are clearly visible. They appear as orange lines across the ceiling. This is because their insulating value is different from the remaining insulation and the un-insulated areas. It is important to remember other names for infrared photography is thermography or thermal photography. What we see is differences in heat across the image.

This particular image was taken with a FLIR E8 camera. One of the advantages of the advanced FLIR cameras is the incorporation of details from the visible light spectrum in the thermal image. In other words, the FLIR camera takes 2 pictures simultaneously; one with the infrared camera and a second with the visible light camera. Both images are blended using their proprietary software and we see a thermal image with physical details.
In our subject photograph, it appears the insulation was blown back from the edges of the ceiling. This is leading to cold spots at the edges of the room. This photo was taken on a cold day. That is why the edges are darker. The same room photographed on a hot day should be reversed; with the edges lighter than the middle. This because the attic would heat up faster. The resulting thermal transfer would reverse the result.

In both cases, the attic insulation system has failed from storm related damage and should be repaired.

Current building codes require attic ventilation. Most homes use perforated eave material and either ridge vents or off-ridge vents. To prevent the insulation from blocking the ventilation at the edges of the house, foam baffles are installed.

Since the foam baffles don’t completely fill the gap between the top of the wall and bottom of the roof deck, blown in insulation can leak out onto the soffit material. This is unsightly and reduces ventilation. Typically two types of dams are used: cardboard baffles that are installed with the foam vents or batt insulation.

The batt insulation can be installed before or after the drywall. It is more certain to install it before, but this option is seldom used. Typically, a piece of batt insulation is placed at the edge of the wall after the drywall is installed. This is also the type of installation used when repairing the attic insulation system.

As you can see, there are options to repair your attic insulation system, but the damage must be identified and documented to obtain insurance benefits.

That is where Dorsten Claims comes in. We have identified many cases of attic insulation damage and successfully recovered the cost of repairs.

The post Attic Insulation Damage appeared first on Dorsten Claims.