Category Archives: Insurance

State Bar of Texas Annual Meeting – Day 1 Review

State Bar of Texas Annual Meeting – Day 1 Review

Today was the first day of Continuing Legal Education (CLE) and meetings for the State Bar of Texas. Here is my take on some of the events attended and topics discussed.

Today was the first day of the State Bar of Texas’ Annual Meeting, hosted in Fort Worth, Texas this year. Though the location rotates every year, this is the first time since 2010 that the conference has been held in Fort Worth. There were many great events and discussions on a wide variety of topics available to attend today. Here is the highlights of some of the major ideas shared during a small handful of the presentations today:

  • Advertising Rules and Social Media Usage for Attorneys: Though one might think that the State Bar vets all attorney ads for “tastefulness.” That really isn’t their job. The State Bar actually seeks to ensure that ads are not misleading or fraudulent to the public.
  • Legal Perspectives on Drone Regulation and Liabilities: This is an area to watch very closely. The FAA came out with proposed regulations in February 2015 and closed the comment period recently. We are still waiting to see what the new regulations will be for commercial (that includes government) and hobby/recreational Unmanned Aerial System (“UAS” aka “Drones”). Though some Fire, Police, and Emergency Management Departments might hope; there is skepticism that local governments will obtain a separate regulatory scheme apart from commercial business applications.
  • Fit for Flight: A Critical Look at Mental Health in the Pilot Community, and the Science Behind the FAA’s Fitness for Duty Standards: This was interesting in the fact that an analogy could be drawn to first responders in the sense that they are similarly placed in high stress situations as part of their duties. (Sometimes what I call “complete and utter boredom interrupted by moments of sheer terror”) It is interesting that this same concept of mental fitness hasn’t completely parted over to the Police, Fire and Emergency Management professions, given some of the concerns over suicide and mental illness within some of the professions. I believe that it might be a matter of time before we begin seeing industry wide application of similar principals. It won’t be a carbon copy of the system (that would be somewhat inappropriate and economically infeasible for most small departments); however, some of the best practices might be ported over.
  • Liability Insurance: Key Practice Pointers for Litigators: One of the major take aways is that there can be an additional counsel brought in during an insurance case to represent issues related to Insurance Policy coverage rates. The whole role of this attorney its to represent the actual policy (where the insured and insurer’s interest align). For example, if the insured and insurer both come to a conclusion in court on what the settlement ought to be, this third attorney would be the one to raise the red flag if the contract (insurance policy) will not cover the settlement reached.

Over 80 Communities at Risk of Losing NFIP Insurability

Over 80 Communities at Risk of Losing NFIP Insurability

FEMA published the list of 86 communities that will lose eligibility to purchase Flood Insurance on July 6

On Tuesday, May 24, 2016, FEMA published a list of 86 communities that would lose the ability to purchase Flood Insurance under the National Flood Insurance Program (“NFIP”) if specific actions were not taken by July 6, 2016. 44 CFR Part 59 requires that communities communities meet certain floodplain management measures before the effective date of the suspension (which are all dated July 6, 2016 for the current list).

The NIFP allows homeowners to purchase flood insurance that is normally not available through private insurance firms if their communities adopt appropriate floodplain management measures. These measures must include both measures to manage the floodplain and enforce those measures. These measures must be in compliance with 42 USC § 4102 (Criteria for Land Management and Use).

If a community does not address the issues that FEMA notified them of before the suspension, no federal finical assistance may be provided for “construction or acquisition of buildings in identified [Special Flood Hazard Areas]. This means, current policy holders could likely to keep their insurance; while new homeowners would face the possibility of not having the same insurability. This prohibition does not impact financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood though.

The 86 communities on the current list are in the states of Louisiana, Maine, Massachusetts, and New Mexico. To view the whole list, visit the Federal Register pages 32661-32664 by clicking here.

Paramedics in Body Armor?

Paramedics in Body Armor?

Cleveland EMS units will now need to wear body armor during calls for service in the field.

Effective December 21, 2015 the Cleveland EMS Director ordered her employees to begin wearing their issued bullet-proof vests while on calls in the field. For example, Paramedics would be required to wear the personal protective equipment while responding to a medical emergency at an apartment complex but not at court or at the hospital. Though the EMS Director stated that no specific threats have been made against the department, she did cite incidents in other jurisdictions (such as Detroit) where Paramedics had been attacked. In the public safety community we have always known that first responders (i.e. police, fire, ems) are potential secondary targets of attacks; however, we don’t always see them as potential targets at rather routine call for service–such as the infamous “difficulty breathing” call that always seemed to come about the time I was scheduled to go home.

This is the first EMS service I could find that has started requiring body armor during all calls for service. One of the big questions is what happens if someone takes their body armor off to better perform their duties during a medical response? Are they still able to receive workman compensation benefits? This will be a muddy area that may find precedent from the law enforcement community.

Texas Receives Presidential Disaster Declaration

Texas Receives Presidential Disaster Declaration

FEMA released the Presidential Disaster Declaration for Texas early this morning due to the severe weather, tornados, and flooding the state has experienced since May 4th.

Early this morning, the Federal Emergency Management Agency released a statement regarding the Presidential Disaster Declaration for the State of Texas (which includes Harris, Hays, and Van Zandt counties). As many may know the State has experienced severe storms, tornados, straight-line winds, and flooding since May 4th, and is still ongoing. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts.

Individual Assistance (Households and Businesses)

Though damage assessments are ongoing (which may cause more counties to be added to the disaster declaration) the federal assistance programs have been made available for individuals in: (i) Harris, (ii) Hays, and (iii) Van Zandt counties. The declaration makes grants available for temporary housing and home repairs, low-cost loans to cover uninsured property losses and other programs individuals and business owners can use to recover from the disaster’s impacts. For specifics on what you may qualify for it is important to visit www.disasterassistance.gov or call 1-800621-FEMA (3362). The toll-free number will operate between 7AM and 9PM seven days a week until further notice. Below are summaries of the programs available, it is important to note though, you must apply to FEMA for the assistance, it is not an automatically applied for you.

Rental Assistance for Temporary Housing: Initial assistance may be provided for up to three months for homeowners and at least one month for renters.  Assistance may be extended if requested after the initial period based on a review of individual applicant requirements.

Home Repair/Fixture Replacement Grants: Grants for home repairs and replacement of essential household items not covered by insurance to make damaged dwellings safe, sanitary and functional.

Immediate Personal Property Replacement Grants: Grants to replace personal property and help meet medical, dental, funeral, transportation and other serious disaster-related needs not covered by insurance or other federal, state and charitable aid programs.

Unemployment Compensation: Unemployment payments up to 26 weeks for workers who temporarily lost jobs because of the disaster and who do not qualify for state benefits, such as self-employed individuals.

Low Interest Loans for Uninsured Losses: Low-interest loans to cover residential losses not fully compensated by insurance.  Loans available up to $200,000 for primary residence; $40,000 for personal property, including renter losses.  Loans available up to $2 million for business property losses not fully compensated by insurance.

Low Interest Small Business, Non-Profit & Agricultural Loans: Loans up to $2 million for small businesses, small agricultural cooperatives and most private, non-profit organizations of all sizes that have suffered disaster-related cash flow problems and need funds for working capital to recover from the disaster’s adverse economic impact.  This loan in combination with a property loss loan cannot exceed a total of $2 million.

Low Interest Agricultural Property Loss Loans: Loans up to $500,000 for farmers, ranchers and aquaculture operators to cover production and property losses, excluding primary residence.

Other Miscellaneous Assistance: Crisis counseling, income tax assistance for filing casualty losses, legal advice assistance, veteran’s benefits, and social security matters.

Public Assistance

Federal funding has also been made available for local governments and select non-profits (on a cost sharing basis) for emergency work and repair/replacement of facilities damaged by the severe weather and flooding in: (i) Cooke, (ii) Gaines, (iii) Grimes, (iv) Harris, (v) Navarro, and (vi) Van Zandt counties. Local governments and select non-profits can find out more about application procedures at the federal and state applicant briefings hosted by recovery officials in the near future. Local governments can apply for assistance in:

Cost Sharing of Expenses from Lifesaving Measures Taken: Payment of not less than 75 percent of the eligible costs for emergency protective measures, including direct federal assistance, taken to save lives and protect property and public health. Emergency protective measures assistance is available to state and eligible local governments on a cost-sharing basis.

Cost Sharing of Repair/Replacement of Public Infrastructure: Payment of not less than 75 percent of the eligible costs for repairing or replacing damaged public facilities, such as roads, bridges, utilities, buildings, schools, recreational areas and similar publicly owned property, as well as certain private non-profit organizations engaged in community service activities.

Cost Sharing of Hazard Mitigation Projects During Recovery: Payment of not more than 75 percent of the approved costs for hazard mitigation projects undertaken by state and local governments to prevent or reduce long-term risk to life and property from natural or technological disasters.

Read the Press Release on the Disaster Declaration here.

Visit FEMA’s Disaster Assistance Website here.

Visit a list of all assistance available for application on diasterassistance.gov here.

FEMA to Reopen Some Hurricane Sandy Claims

FEMA to Reopen Superstorm Sandy Claims

FEMA to reopen 144,000 flood insurance claims from Superstorm Sandy.

In March, FEMA Administrator Fugate agreed to reopen and review every one of the 144,000 flood insurance claims filed by victims of Superstorm Sandy. 2,200 of these claims are currently in litigation. The agreement comes from allegations that some insurance companies had denied thousands of claims after fraudulently altering engineering reports and that other insurance companies systematically underpaid claims in fear of backlash from FEMA.

So what happens? This announcement allows claimants an alternate means for dispute resolution. Mr. Charles Mathis IV of the Merlin Law Group thinks that going it alone would be tricky for policy holders though. “While FEMA is trying to be transparent and make things right, I don’t anticipate them handing over the claim,” Mathis said. “Part of the problem is two and a half years have passed and it’s going to be very difficult to determine the extent of the damage if people have made repairs. I do think there will be some folks that will need some additional assistance going through the process.” However, FEMA has yet to announce specific details of the resolution process.

What does this mean for the legal community and policy holders? FEMA’s agreement will allow Sandy victims who are non-litigants and believe their claims were unjustly denied or received insufficient payout to reopen their cases and have access to all entering reports. FEMA also agreed to contact claimants by mail and make them aware of the new process and opportunity for review.

In addition to the reopening of cases, FEMA is required to convene a Sandy Task Force today (April 13th) to begin evaluation of the National Flood Insurance Program specifically focusing on reforms. Administrator Fugate also pledged to make senior personnel changes at the National Flood Insurance Program.

– Will

Read more here

Does Renter Insurance Cover Flood Damage?

flood-insurance-101Does Renter Insurance Cover Flood Damage?

I had an extraordinary opportunity this week to talk to the residents of Trinity Bell Garden Apartment Homes in Fort Worth, Texas about severe weather and what they could do to prepare. In preparing for the presentation is that the apartment complex sits on the edge of a flood way. Many times in emergency management we are concerned about homeowners having flood insurance policies, but then we need to stop and ask the question “what about renters insurance?”

To make sure I had all my facts, I went ahead and called an insurance company to get an idea on what we were dealing with. To my surprise, renters insurance does cover flood damage; however, this is not true with all insurance agencies. Some agencies require a special rider be purchased to obtain coverage for flood damage, while others simply roll it into the overall policy agreement.

The big takeaway, and what I passed along this week, people who lease a home, apartment or storage unit need to have an open and honest conversation with their insurance agent about what coverage they have. Even better, is to get it in writing and take a look. If you don’t have flood insurance coverage and live within a floodway with even a small percentage chance of flooding, are you willing to take the risk of having your livelihood shattered by a flood and risk being denied by your insurance company?

I know, it’s another thing on the list of to-do’s that we all have, right behind getting more dog food and cleaning out the gutters, but it just might pay off in the long run. One idea is to sit down for a few hours one day each year (if it’s around a major holiday like new years it can help remind you to do it) and review all of your insurance policies to make sure you have the coverage you want, in the amount you want. It only takes a couple of hours, and it might help save you money with discounts or identify where there might be a gap in your coverage and save a headache later on when time counts.

– Will

To see if you may be in a floodway check out FEMA’s Flood Maps: Here

Here are a few links to Flood Insurance Policies:

  • USAA Insurance: Here
  • GEICO Insurance: Here
  • The National Flood Insurance Program: Here

New York Proposes Flood Insurance Program Alternative

New York Proposes Flood Insurance Program Alternative

This is an interesting development after Hurricane Sandy and the rising flood insurance premiums in the Northeast. The current National Flood Insurance Program is a federally run program that offers policies to individuals that specifically guard against floods. This is not a new idea though, many states, like Texas, have privately run Flood Insurance programs. However, the largest program is run by FEMA and this would be the first program of it’s kind in the State of New York. The question remains as to whether this will get more people to purchase Flood Insurance, especially in the wake of Hurricane Sandy and many insurance policies not covering its damage.

-Will

Read the full article: http://jpupdates.com/2015/03/02/assemblyman-goldfeder-reveals-plan-create-new-york-flood-insurance-association/

USS Mustin provides post-flood relief in Thailand