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Proudly Protecting the rights of the Policyholder since 1988.

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BUSINESS OWNERSCONDO ASSOCIATIONS

Don’t make a multimillion dollar insurance mistake

GRIFFINGAZETTEVOLUME 1 • 2012

Why hiring A

PUBLIC ADJUSTERMAKes sense

don’t settle for less®

AN EAST COAST PUBLIC ADJUSTERS PUBLICATION

ecpa magazine final5-8-12.indd 1 5/8/12 1:03 PM

OPINION PAGES LEFT

ABout Money • 1–31 January 20132

Daniel ODESS

Daniel B. Odess was named President of East Coast Public Adjusters in 2010 when ECPA’s founder unexpectedly passed away. Originally joining the firm as an appraiser and adjuster in 2007, Dan

demonstrated extraordinary talent, drive, and dedication to the firm’s goals and under his dynamic leadership the company has continued to prosper. With multiple degrees in engineering and extensive construction management experience, Dan continues to spearhead the company’s dynamic growth. He has expanded ECPA’s geographic reach, while advancing its reputation for integrity, innovation, and outstanding customer service.

In 2011 Dan launched MaxPro Builders, a construction loss specialty firm located in Coral Gables. The firm provides service to residential, commercial and industrial clients who are in need of insurance loss remediation work, interior and exterior renovations, or new construction services.

Throughout his career, Dan has been the recipient of numerous awards and recognitions. Most recently he was named as a Top 40 Under 40 honoree by the South Florida Business Journal and acknowledged

What OnE fix WOulD yOu makE tO flOriDa’S hOmEOWnEr’S inSurancE markEt?

LegisLation aLLows for Larger insurance companies to set up subsidiaries in fLorida. rid ourseLves of these subsidiary companies and start creating some better consumer protection Laws, basicaLLy LeveLing the pLaying fieLd. aLLow the private market to exist. buiLd a stronger citizens.- DanIeL oDeSS

JULY 2011

EAST COAST PUBLIC ADJUSTERS • VoluMe 1

by the Greater Miami Chamber of Commerce as the Go Getter for their 2011 HYPE Awards series. Past honors include receipt of the 2010 Coral Gables Chamber of Commerce Diamond Award, named as one of the Top 25 Fastest Growing Private Companies for 2010 by the South Florida Business Journal, being recognized by South Florida Business Leader Magazine with 2010 Top Small Business Award and the 2010 Mover and Shaker Award.

Dan is also a frequent contributing writer to numerous industry publications including Condo Management Magazine, Claims Magazine, Florida Community Association Journal and The Florida Real Estate Journal. In addition he has been interviewed as an insurance expert for multiple media outlets including CBS, Bankrate.com, Florida Trend and the Miami Herald.

Philanthropy is also extremely important to Dan. He leads ECPA in numerous philanthropic initiatives including being an active supporter of the Crohn’s & Colitis Foundation of American, St. Jude’s Hospital, The Coral Gables Firefighter Benevolent Association as well as the Tamiami Colts, a youth league football team located in Miami-Dade County. ECPA is also an active member and frequent event sponsor for the Coral Gables Chamber of Commerce and other Chamber organizations throughout the state of Florida. n

“cEO SOunDing bOarD

“ aS PubliShED in

DOn’tSEttlEfOr lESS® !


OPINION PAGES RIGHT

3

!


ABout Money • 1–31 January 20134 EAST COAST PUBLIC ADJUSTERS • VoluMe 1


5

StOrm PrEP

06 Protect Your rIghtS wIth FLooD InSurance cLaImS

08 ten tIPS to PrePare For Storm SeaSon

09 eaSt coaSt PubLIc aDjuSterS heLPS ProPertY ownerS unDerStanD the InSurance cLaImS ProceSS

14 home emergencY tIPS

16 how buSIneSSeS can PrePare For Storm SeaSon

SPEcial rEPOrt

22 PubLIc aDjuSterS anD InSurerS: tIme to enD the coLD war

aS SEEn On tV

10 nbc: InSurance aDjuSter oFFerS teXt VIP SerVIce

10 nbc: homeowner SuFFerIng From houSe’S SInkIng FeeLIng

12 cbS: tIPS to Protect Your home, ProPertY In caSe oF a hurrIcane

13 wSVn: moneY monDaY: InSurance nIghtmare

tEStimOnialS

07 a buSIneSS owner’S teStImonIaL

25 a homeowner’S teStImonIaL

EcPa aDS

03 mIamI heat

11 unIVerSItY oF mIamI baSketbaLL

17 760 eSPn

24 unIVerSItY oF mIamI baSebaLL

20 Why hiring a Public adjuster makes Sense

When Hurricane Wilma damaged an apartment complex in Lauderdale Lakes in 2005, the insurer initially paid $200,000. But after engaging a public adjuster to review the actual losses and handle the claims process, the insurer eventually paid out $4.285 million.

EaSt cOaSt Public aDJuStErS // VoLume 1 // 2012

10 homeownerSEast Coast interviews with NBC6 Miami, WSVN 7, & CBS Miami to educate homeowners on their rights when it comes to insurance.

28 contractorS Based on our extensive experience in multiple states, here are some suggestions to help concrete contractors avoid making a costly mistake:

26 coaStaL LIVIngIndeed, even being near the coast in a hurricane-prone area can put a bull’s-eye on property owners’ pockets. Consumer after consumer report skyrocketing premiums.



Protect your rights with flood insurance claims



7

Protecting you

last summer Hurricane Irene caused extensive flooding in the Mid-Atlantic and New England states. Today, many property owners who suffered damage from that devastating storm are finding it difficult to collect

on their insurance claims. That’s because some adjusters are adding extra paperwork to complicate the process and pushing for settlements that minimize payments to policyholders. Without the support of a public adjuster, the claims payment may fall far short of the amount needed to rebuild or repair the damage.

in the united States, flood insurance policies are issued by the federal government. They protect against financial losses that result from rising waters such as overflows from a river, creek, canal or swimming pool. They do not cover damage related to a windstorm such as a hurricane, tornado or thunderstorm. Therefore, when flood damage occurs, it’s important for the owner to document the source of the water, ideally through photos or videos.

Once a loss has occurred, the property owner can file a claim in accordance with the standard flood insurance policy and a flood manual prepared by the Federal emergency Management administration (FeMa). The policy and the flood manual are very clear about the

“WithOut thE SuPPOrt Of a Public aDJuStEr, thE claimS PaymEnt may fall far ShOrt Of thE amOunt nEEDED tO rEbuilD Or rEPair thE DamagE.”

– Daniel Odess

documents that must be filed and the steps that must be taken in the event of a claim. However, flood insurance claims, (like those involving windstorm, fire and other perils) are investigated by private, “independent” adjusters who are engaged by the carrier. Even though they are acting on behalf of the federal government in regard to flood insurance claims, they don’t always follow the government’s rules and procedures.

For example, some independent adjusters insist that an insured must use their own forms before they will process the claim. However, the federal flood policy specifically states: “the insurance adjuster whom we hire to investigate your claim may furnish you with a proof of loss form, and she or he may help you complete it. However, this is a matter of courtesy only, and you must still send us a proof of loss within 60 days after the loss even if the adjuster does not furnish the form or help you complete it.”

Another common tactic is to produce a number of additional documents and demand the insured’s signature on each one. Read them carefully and file them away - but do not sign them. Remember that nothing other than the “proof of loss” is required under the federal policy.

Undoubtedly, the most important issue for flood- affected owners is determining the

extent of the loss. That can be a time-consuming process if it involves engaging a structural engineer to look at the building’s foundation or basement or preparing a long total of the personal items swept away from the living quarters.

While a “proof of loss” must be submitted within 60 days after the incident, an owner is entitled to send in a form for a partial payment. This is a very important phrase for retaining your rights. So if you are unsure about the extent of your losses, be sure to include the phrase “partial payment” on your claim form and any other documents. It’s very difficult to go back and try to collect more money once your file has been closed.

Once the independent adjuster has reviewed your claim, be sure to read the report carefully. Do not assume it is filled out properly as mistakes and errors occur frequently. If you disagree on the amount of the loss, you can demand appraisal and hire your own appraiser. If there is a difference in the two figures, an umpire may be appointed to settle the matter.

As a result of the many nuances involving flood insurance claims, property owners can benefit from the knowledge of an experienced public adjuster. n

PuBlished in condo MAnAgeMent MAGAZINE, FEBRUARY 2012

the city had a pipe burst right in front of our restaurant, ziggie and mad dog’s down in isLamorda. we had water everywhere and even had to cLose the pLace for a few nights.

east coast stepped in to heLp us from the very start of the cLaim. from fiLing the cLaim aLL the way through getting our settLement, they took care of everything. to say that we got more than the insurance company originaLLy offered wouLd be a huge understatement. in fact, because of east coast’s invoLvement, we were abLe to get a settLement of over 5 times more than our insurance company wanted to give us at first. dan odess and his team truLy came through for us.

i’LL never do a cLaim (either for my home or our business) on my own again.

-m. mandich

buSinESS OWnEr tEStimOnial



storM PreP

1. First of all, it’s vital for every association to haVe a DISaSter PLan in place that outlines the roles and responsibilities of the board, community association manager and owners. That coordinated approach is essential to minimize losses, obtain insurance money and repair the storm damage.

2. Along with a plan, both the board and the manager should have uP-to-Date contact InFormatIon including phone numbers and e-mail addresses for all unit owners, a typical requirement of the bylaws. The board should also have emergency contact numbers and be able to reach the manager 24/7 before and after a storm.

3. make coPIeS oF keY DocumentS including current bylaws, unit owner information and property and casualty (P&C) and windstorm policies. Also, prepare an updated account of the association’s assets, such as computers, desks, other furniture and office supplies, landscaping equipment and pool supplies, since they can be included in an insurance claim. Store those documents in two waterproof bags – one at the community and another at an off-site location. You should also consider scanning all documents and uploading them to a cloud platform like Google docs, along with your pre- loss photos. Doing so will give you, and anyone else you choose, instant access to your docs and photos from any computer in the world with Internet access.

4. Be sure to obtaIn a current Set oF keYS for the units so emergency personnel can enter for health or lifesaving reasons if necessary. Later, the units will need to be inspected for possible damage. It’s essential to determine the total extent of damage before filing an insurance claim – and that’s not possible without checking each unit.

5. If any buildings in the community are now being repaired or renovated – or if there was serious storm damage from a prior storm – be Sure to thoroughLY Document the current conDItIon oF the ProPertY. That should include multiple photos and a video, as well as invoices and receipts for construction repairs. Public adjusters can assist with this evaluation to prevent the insurance company from contesting a claim due to “pre-existing conditions.”

6. act PromPtLY to protect the community from a hurricane threat. It may take several days to secure the common areas, store maintenance equipment, cut back shrubbery and remove trash and debris that could become airborne. Don’t wait until the last minute!

7. communIcate reguLarLY wIth unIt ownerS anD tenantS via mail, flyers, notice boards/on-property signage and e-mails. Remind them of the importance of securing their units with window coverings (locked in place if possible), Complying with any mandatory evacuation orders, and staying safe before, during and after a storm. It’s also the time to remind unit owners of their responsibilities in the event of a loss.

8. PrePare a LISt oF contractorS that would be contacted for emergency repairs after a hurricane, including their mobile phone numbers. It’s also helpful to IDentIFY a PubLIc aDjuSter who can come to the community immediately after a hurricane and assist with the damage assessment and claim-filing process.

9. unDerStanD the InSurer’S cLaIm rePortIng ProceSS is it the broker, insurance company or a third-party service that needs to be contacted? You should also know the time frames and limits for reporting a claim and what type of documentation is needed.

10. turn to the ProFeSSIonaLS A knowledgeable manager, insurance agent or public adjuster can advise the board throughout the planning process. Because assessing storm damage, filing insurance claims and making property repairs are complex tasks, the support of a trusted professional is invaluable.

The tips mentioned above will be extremely helpful to condo associations; however, positive efforts can be undone if post-storm claims are filed improperly. Engaging the services of a qualified public adjuster will ensure that a trained professional is overseeing the cumbersome claims process. n

PuBlished in condo MAnAgeMent MAGAZINE, JULY 2011

FOR CONDOMINIUM ASSOCIATIONS IN HURRICANE ZONES, NOW IS THE TIME TO PREPARE FOR THE HURRICANE SEASON. ADVANCE PLANNING IS ESSENTIAL FOR PROTECTING THE COMMUNITY, ASSESSING STORM-RELATED DAMAGES, PROPERLY FILING INSURANCE CLAIMS AND GETTING LIFE BACk TO NORMAL FOR YOUR RESIDENTS.

HERE ARE 10 RECOMMENDATIONS, BASED ON MORE THAN TWO DECADES OF STORM-TESTED ExPERIENCE IN HELPING ASSOCIATIONS THROUGH THE CHALLENGING ASSESSMENT, CLAIMS AND RECOVERY PROCESS.

ten tips to Prepare for Storm Season



9

ten tips to Prepare for Storm Season

having a strategy in place when unexpected times of crisis arise in your home is as essential to mental health as it is to financial wellbeing.

A 2009 survey conducted by the State of Florida

found that there was a 747 percent increase when a public adjuster was hired at the start of the insurance claims process.

East Coast Public Adjusters, Inc., a public adjusting firm that provides services to individuals and corporate clients both domestically and internationally, has seen first-hand the varying degrees of outcomes that can arise when it comes to insurance settlements. That’s why the firm focuses much of its attention on educating property owners about their rights.

So whether owners are dealing with an unexpected flood, mold or damage caused by a storm, understanding the process is key to making sure that people receive all that they are entitled to.

”The misconception about public adjusters is that we represent insurers,” said Daniel Odess, President of East Coast Public Adjusters, Inc.

“The truth is, we represent business owners, condominium associations and homeowners -- not the insurer. It’s like hiring a tax lawyer or accountant who can advise you on the best course of action and act as your professional advocate, rather than asking the IRS to do you a favor and audit your return.”

Founded in 1988 by the late Pat “The Legend” Catania, East Coast Public Adjusters is known as true pioneers in the public adjusting industry. Since its inception, ECPA has serviced more

than twelve thousand clients with $750,000,000 in claims. Odess took over the firm in May 2010 and is dedicated to continuing to build the stellar reputation of East Coast Public Adjusters.

For 2011, ECPA will not only continue their claims work, but also organize educational seminars and informational speaking engagements to explain how public adjusters are not the enemy.

”It is important for all property owners to understand their policies and their rights,” said Odess.

“Our seminars will bring all parties to the table for an open discussion about what steps need to be taken to ensure that people are taken care of in times of need.” n

PUBLISHED ON YAHOO! NEWS ONLINE, OCTOBER 2010

East coast Public adjusters helps Property Owners understand the insurance claims Process



nbc6 miamirePorted By WillArd shePArd

AIRED MARCH 2011, 6PM

in the MediA

But now when you need help when the phones are down, your cell phone isn’t completely useless. You can text about your troubles.

East Coast Public Adjusters has a texting service that will have one of their employees show up at your home and will also reach out to your insurance provider to get the ball rolling on a claim.

Mark Sierens has been through storms before and waited in long lines with his insurance papers just to get help. No longer, he said, after signing up with East Coast Public Adjusters.

And with Tropical Storm Emily churning in the Atlantic, Sierens might get a chance to test his text helpers.

“I was around when Hurricane Wilma happened and all communication was knocked out,” he said. “If we get hit with Emily and it takes out the phone lines and the power lines we can text my adjuster and they can get out here right away.”

Technology has also made it easier to save pictures of damage to your home or business. Using your phone, upload the pictures to a Facebook page or your Google account, said David Lowitz of East Coast Public Adjusters.

“Take pictures of everything in your house and everything around your house and even on your roof if you can get up there,” he said. n

Insurance adjuster

offers text VIP Service

The ceiling of the $600,000 Miami house as al-ready fallen in the dining room, and there are significant cracks all about the home.

The pool won’t hold water.

The family says it’s all because of a sinkhole that has opened up and threatens to swallow the entire house.

“I was devastated,” Pereya said. “That vision that I had is not possible.” When they bought the home five years ago, the Pereyas thought it was their dream home.

Now it’s become even more of a nightmare because the insurance company refuses to pay the family’s claim.

Every month they paid their insurance policy payment to Citizens, but when the damage took place, the company said the damage was not covered, Pereya said.

Citizens’ position: the damage came when the home settled and that’s not covered.

“I was very shocked. You have your insurance and you have it for these kinds of things and you think of a insurance company that you can count on,” Pereya said.

Since the insurance company won’t pay, the

family filed a lawsuit. The family’s attorney says the company is trying to use a loophole to avoid paying.

“This is clearly a sinkhole and they are trying to fit their exclusion onto the Pereya so they don’t have to pay the amount of money they are ac-tually owed,” attorney Jorge Cardonell said.

Citizens response to the lawsuit claims a sinkhole has not caused the damage.

The company also alleges the damage is caused by items the policy doesn’t cover, the loss took place outside the time the home was covered, and the family didn’t act to limit the damage.

Insurance expert Daniel Odess said homeowners stuck in this sinking situation must act quickly to avoid being in a hole.

“Take your own photos,” he said. “Report your loss immediately. Don’t hold on to it too long. Allow them to investigate the claim and cooperate with them. Collect the proper documentation.”

The Pereyas told said they feel trapped because they can’t move with a hefty mortgage. n

homeowner Suffering

From house’s Sinking Feeling

WHEN NEYSA PEREYA TALkS ABOUT HER SINkING FEELING, SHE ISN’T TALkING ABOUT HER GUT. SHE IS TALkING ABOUT HER HOME.

WITH HURRICANE SEASON ON THE HORIZON, PREPARATIONS IN the eVent of A disAster Are the norM in south floridA.


aS Seen on

nbc6 miamirePorted By WillArd shePArd

AIRED MAY 2011, 5PM


11



xxx • xxx

tips to Protect

Your home, Property In

case of a hurricane

While the season may not technically start until June 1st, there are things you can do now to start making sure you are ready.

The advice is coming from Daniel Odess, President of East Coast Public Adjusters. People hire public adjusters to negotiate with insurance claims. Some studies show, as experts, they can get more money for your claim.

The first tip includes taking hundreds of photographs of your home.

“Making sure not only the content is included in those photographs, but also the walls floors and ceilings,” said Odess.

Another helpful tool is to inspect your home before a storm, something homeowners can hire professionals to do.

“We can have some historical information to go back on,” said Odess.

Homeowners should also make a list of all repair workers that people may need after a storm.

As far as the outside of your home, no matter how new or old, check windows and doors for any cracks.

“What we are really concerned about is the caulk and the sealant along the edges of the windows,” said Odess.

Most important of all, ahead of any major rain storms, people should bag their insurance policy and all important documents.

“One copy keep with you and other copy leave it at your office,” said Odess.

The advice will be helpful when it is time to file an insurance claim.

“They don’t have a crystal ball. They do not know what you owned. They do not know what it cost,” said Jorge Ramallo, who works with insurance companies.

And while public insurance adjusters can be useful, they charge a fee. Florida law limits their compensation to only 20 percent of the amount of money your insurance company gives you from your claim. If you collect nothing, then your public adjuster doesn’t get paid. n

THE 2011 HURRICANE SEASON IS PREDICTED TO BE AN ACTIVE ONE.


in the MediA

aS Seen on

cbS4 miamiREPORTED BY JORGE ESTEVEZ

AIRED MAY 2011, 5PM


13

xxx • xxx

money monday:

Insurance nightmare

Christina Robinson, Homeowner: “Then, we started to see some water coming through.” Her roof was damaged, so she called her insurance company. They sent out an adjustor. Christina Robinson: “You want things back to normal as quickly as possible.” Christina received a check to pay for a new roof.

She thought the worst was behind her.

Christina Robinson: “Like a big Band-Aid, and it’s going to be good and it’s going to heal, and unfortunately, that’s not what happened.”

More than a year later, Christina started to notice a big problem in her bedroom, especially when it rained.

Christina Robinson: “Then, the paint starts to bubble up, then I started to see little drips come through the cracks of the wall.”

Her wood-panel floors also started to pop up. Christina Robinson: “I never would have imagined that this could have happened.”

Turns out her walls were breached in the storm, but her insurance company never compensated her for that.

Christina Robinson: “I mean, years later, your house is falling apart, and what do I know about what’s behind the walls?”

Dan Odess is a public adjustor. His job is to represent homeowners with their insurance claims.

Dan Odess, President, East Coast Public Adjustors: “Most homeowners and business owners don’t know what their rights are under their own policy.”

Dan says, if your home is damaged, you can dispute the amount of money the insurance company pays you to make sure you get what you need to rebuild your property.

And they will help you if your insurance company misses damage.

Dan Odess: “What most insureds are doing is relying on the fact that their insurance company is always going to have their best interest in mind.”

Almost six years after Wilma, Christina had to re-open her claim.

The company settled, covering the cost of replacing all the drywall in her house.

She wishes she knew her rights years ago.

Christina Robinson: “Make sure that whatever needs to be done is done now, so you don’t have anguish and more expenses and aggravation than you need down the road.”

Lynn Martinez: “Public adjustors work on a contingency basis. They don’t get paid unless you do, and their fees are regulated by the state.” n

WHEN HURRICANE WILMA BLEW THROUGH IN 2005, CHRISTINA ROBINSON DIDN’T THINk MUCH OF IT. AT FIRST.

WSVn7 miamirePorted By lynn MArtineZ

AIRED SEPTEMBER 2011, 5PM



xxx • xxx

WatEr DamagEDO

• Remove as much excess water as possible by mopping and blotting

• Wipe excess water from wood furniture after removal of lamps and table top items

• Remove and prop wet upholstery and pillow cushions for even drying

• Place aluminum foil or wood blocks between furniture legs and wet carpeting

• Turn air conditioning on for maximum drying in summer

• Remove Oriental rugs or other colored rugs from wet wall-to-wall carpeting

• Remove valuable paintings and art objects to a safe, dry place

• Open and place luggage in sunlight to dry, if possible

• Gather loose items, toys, etc. from floors

DOn’t• Leave wet fabrics in place; dry as soon as

possible. Hang furs and leather goods to dry separately at room temperature

• Leave books, magazines or other colored items on wet carpets or floors

• Use your household vacuum to remove water

• Use TVs or other household appliances while standing on wet carpets or floors–especially wet concrete

FIre DamageDO

• Limit movement in the home to prevent soot particles from being embedded into upholstery and carpets

• keep hands clean; soot on hands can further soil upholstery, walls and woodwork

• Blow, brush or vacuum loose soot particles from upholstery, drapes and carpets

• Place clean towels or old linens on rugs, upholstery and carpet traffic areas

• Clean and protect chrome on kitchen and bathroom faucets, trim and appliances with light coating of Vaseline or oil

• Wash house plants on both sides of leaves

• Change HVAC filter

DOn’t• Attempt to wash any walls or painted

surfaces without first contacting a professional

• Attempt to shampoo carpet or upholstered furniture without first consulting a professional

• Attempt to clean any electrical appliances that may have been close to the fire, heat or water without first consulting an authorized repair service

• Turn on ceiling fixtures if ceiling is wet—wiring may be wet or damaged

VanDaLISm DamageDO

• Hose or wash egg damage from building exterior as soon as possible

• Blot freshly spilled food from carpets and fabrics with a dampened cloth or sponge; scrape and blot—don’t rub.

• Vacuum glass particles from carpets and upholstery

• Save containers, which reveal the composition of spilled inks, cosmetics and paints

DOn’t• Attempt to remove ink, paint or cosmetic

stains

• Operate damaged lamps or appliances

• Discard wood chips, broken pieces from furniture, porcelain or other art objects

the FoLLowIng heLPFuL tIPS, oFFereD bY eaSt coaSt PubLIc aDjuSterS, Inc., wILL guIDe You through the Do’S anD Don’tS oF anY home emergencY.

home Emergency tips: What to do until help arrives


CALL US 24/7 TOLL FREE 855-GET-ECPA


15

xxx • xxx

hurrIcane DamageDO

• Stock your home with emergency supplies like non perishable food and water, prescription medications, and a first aid kit

• Take photographs and videos of all damages areas

• Make a list of damaged or lost items; include their purchase date and value with receipts

• Turn off the electricity if you see sparks or frayed wires until an electrician has inspected your system for safety

• Turn off the main water valve if pipes are damaged

• Check with local authorities before using any water; the water could be contaminated

• Prevent mold by removing wet contents immediately

• keep a copy of your insurance policy handy• keep our 24 Hours Claims Department

Phone Number ready, there will always be an adjuster available to answer all your questions and ready to file your insurance claim for full, fair, fast compensation

DOn’t• Go near unstable structures as the building

may collapse• Enter home if you smell gas or see

floodwaters remain around building• Make any repairs before consulting your

public adjuster.

the FoLLowIng heLPFuL tIPS, oFFereD bY eaSt coaSt PubLIc aDjuSterS, Inc., wILL guIDe You through the Do’S anD Don’tS oF anY home emergencY.

home Emergency tips: What to do until help arrives

CALL US 24/7 TOLL FREE 855-GET-ECPA



storM PreP

bY DanIeL oDeSS

how businesses can Prepare for Storm Season



17



xxx • xxx

for South Florida businesses, now is the time to prepare for the hurricane season. It’s vital for every business owner or professional to have a disaster plan in place that includes knowing how to assess damage, under-

standing how to properly file an insur-ance claim, and making the required repairs needed to get back to work as quickly as possible.

Doing any one of these things wrong can vastly diminish the value of your claim, causing your business to receive far less than what will be needed to recover.

Here are nine recommendations, based on more than two decades of storm-tested experience in helping clients resolve their claims.

1. Make copies of key documents, including your property and casualty (P&C) and business interruption policies. Store those documents in two waterproof bags — one at the business and another at an off-site location.

2. Print copies of your tax returns for the past four years, along with recent monthly P&L statements. You will need these documents to file a business interruption claim, and a hard copy is essential if your computers are down or the power is out.

3. keep an updated account of your inventory, and print that out as well. Be sure to include all your office supplies, such as computers, desks, chairs and paper, since you can recover those losses.

4. If you rent space, put a copy of your lease in a safe place along with the other documents. Some lease agreements require you to have business personal property (BPB) coverage in order to recover those losses.

5. Take photos or a video of your entire workspace, including your inventory and office supplies. This is a fast and easy form of backup documentation that can be very helpful when filing a claim.

6. Collect emergency contact information for all employees and agents, and print out at least two copies.

7. Work with your managers to prepare a contingency plan for a storm, fire, flood or other emergency. Can you keep your business going if you can’t get back into your building? Who will be in charge of getting the network back up? Who will try to contact your major clients? Who will handle the insurance claim? Assigning responsibilities in advance can help you stay focused in the chaotic period after a hurricane.

8. If you own the property, hire a licensed inspector or contractor to examine the roof, interior and other structural components in advance of a storm. You don’t want the insurer to deny a claim by saying your building had pre-existing damage.

9. Finally, prepare a list of preferred contractors you can call on if repairs are necessary. Don’t wait for the insurance company to find someone — engage a trusted contractor who will provide a fair evaluation of damages. Even if you are a tenant, you may need a contractor to clean up and repair your interior space.

Remember that when you file a claim the adjuster your insurance company sends to estimate the damage works for your insurance company. Conversely, a public adjuster works for you to make sure everything is done properly to ensure full, fair settlement for your loss.

If in doubt, contact a public adjuster, a licensed professional who will help minimize missteps, guide you through and help accelerate the

claim process, and maximize your outcome. n

PUBLISHED IN THE MIAMI HERALD, JUNE 2011

“DOing any OnE Of thESE thingS WrOng can VaStly DiminiSh thE ValuE Of yOur claim”

- Daniel Odess

storM PreP



19

xxx • xxx



IT’S IMPORTANT TO UNDERSTAND THAT A PUBLIC ADJUSTER IS A PROFESSIONAL WHO CAN HELP YOU AT A TIME WHEN YOU ARE MOST VULNERABLE - IN the hours And dAys After A loss to your Business or ProPerty.

Why hiring a Public adjuster makes Sense

When Hurricane Wilma damaged an apartment complex in L a u d e r d a l e Lakes in 2005, the insurer initially paid

$200,000. But after engaging a public adjuster to review the actual losses and handle the claims process, the insurer eventually paid out $4.285 million.

In Miami, Orlando, Tampa, Naples and throughout Florida, the story is the same:

Hiring a licensed public adjuster results in a substantially larger claim payment. In fact, a 2009 survey by the state of Florida found that there was a 747% increase when an adjuster was hired at the start of the claims process.

Why is there such a large difference?

The answer is simple: A public adjuster represents business owners, condominium associations and homeowners - not the insurer. It’s like hiring a tax lawyer or accountant who can advise you on the best course of action and act as your professional advocate, rather than asking the Internal Revenue Service to do you

a favor and audit your return!

However, studies indicate that fewer than 3% of all commercial property insurance claims - including property and casualty, business interruption, and errors and omissions - are handled by a licensed public adjuster. That’s because most Florida property owners and managers are confused about the role of these professionals.

First of all, a public adjuster understands the complicated terminology and the “fine print” in

a policy that affects every aspect of your claim.

FeatureD StorY



21

If you suffer a loss, do you know how to send in an accurate report?

Do you know how to submit a proof of loss?

Do you know the important deadlines contained in your policy?

When was the last time you read your policy?

Do you know what the declaration page says in your policy?

Do you understand the concept of a layered policy?

Do you know the differences between a business owner’s policy and a homeowners policy?

in fact, a 2009 SurVEy by thE StatE Of flOriDa fOunD that thErE WaS

a 747% incrEaSE WhEn an aDJuStEr WaS hirED at thE Start Of thE claimS PrOcESS.

Most owners are as unfamiliar with the intricacies of a typical insurance policy as they are with the Internal Revenue Code. But in either case, making a mistake can have serious financial consequences.

Too often we hear, “I want to see what the insurance company will give us and then I’ll call you back.” Why? Did you tell your lawyer last time you got sued, “I’ll see what the judge says and then I’ll call you.” Did you call your accountant last April and say, “I’ll see what the IRS wants from me, and then I’ll call you.” No, you turned to them because as professionals, they provide a service you trust.

It’s important to understand that a public adjuster is a professional who can help you at a time when you are most vulnerable - in the hours and days after a loss to your business or property. And since public adjusters are compensated on a contingency basis, there is no upfront cost for their services.

Once you engage a public adjuster, you can expect to receive expert advice about what you are entitled to under Florida law and your policy. The public adjuster can also help you with the business planning process by advising on the likely size of a settlement and when that money is likely to arrive.

A public adjuster can also bring in a contractor, engineer or other building professional at no cost to you. These experts can determine the accurate damage to your property ensuring a fair compensation.

After all, you need to know the true cost of rebuilding after a hurricane, tornado, fire or other catastrophic loss. Even with a smaller claim, such as damage from a leak, flood or mold, hiring a public adjuster can result in a fair and adequate settlement that allows your business to continue. Bringing in a public adjuster won’t affect your premiums either , it’s simply hiring a professional.

While public adjusters do not provide legal advice, they work closely with attorneys and understand the importance of gathering facts and evidence to support an owner’s claim in the courts, if necessary.

Ultimately, a public adjuster’s goal is to achieve a final settlement that is accurate and fair for the client. It may take several months to accomplish that goal, but compared with the insurer’s initial offer, the end result is likely to be substantially higher. n

PuBlished on south floridA reAl estAte JOURNAL ONLINE, OCTOBER 2010

take a moment anD aSk YourSeLF the FoLLowIng queStIonS:



xxx • xxx

for far too long, insurance carriers have viewed public adjusters as opponents rather than as potential allies. I believe the time has come to end this “cold war” and recognize that insurers, independent adjusters,

and public adjusters all share a similar goal--fast, efficient, and accurate claims resolution. By taking a team approach, we can collectively do a better job of servicing policyholders who have suffered a serious loss to their homes, businesses, or commercial properties.

Taking a unified approach would be an important step toward bringing the insurance industry more fully into the 21st century, by both improving transparency for the public, and reducing costly inefficiencies for the insurer. Today, many carriers are seeking to control as much of the claim process as possible, often delaying or minimizing settlement offers. I strongly believe that such behavior is shortsighted and ultimately harms our industry.

First of all, these types of claim practices create adversarial relationships with consumers, and can ruin years of hard-earned goodwill on the part of the independent agent. They also have long-term negative consequences, such as creating a feeling of distrust and resentment among the American public.

Let me point out that in today’s era of social networking, blogs, and Internet rating services, the policyholder’s viewpoint is more important than ever. Today’s consumers are plugged in and they don’t hesitate to share their opinions at every opportunity. Insurers who don’t recognize this fact of life are still living in the 1970’s.

Secondly, an antagonistic approach to the claim process fails to take into account the value that independent adjusters can bring to the table. There are both tangible and intangible benefits for carriers who allow their independent adjusters to make decisions in the field. Certainly, a policyholder who believes the claim has been “settled” by the independent adjuster will be unpleasantly surprised to learn that decision has been overruled by an anonymous manager in the carrier’s home office.

Finally, insurers should recognize that public adjusters have an important role to play in expediting the claim resolution process. For example, they can explain policy limits and coverage provisions to the insured at the time

Public adjusters and insurers: time to End the cold War

sPeciAl rePort



23

xxx • xxx

by DaniEl ODESS

TODAY’S CONSUMERS ARE PLUGGED IN AND THEY DON’T HESITATE TO SHARE THEIR OPINIONS AT EVERY OPPORTUNITY. INSURERS WHO DON’T RECOGNIZE THIS FACT OF LIFE ARE STILL LIVING IN THE 1970’S.

Public adjusters and insurers: time to End the cold War



xxx • xxx

of loss, and serve as a readily accessible source for documentation related to the claim, saving the insurer time and money. Those are just two of the many benefits of a team approach.

back to the baSIcS

Let’s take a moment to go back to the basics. Why do homeowners, renters, associations, businesses, commercial establishments, and investors purchase property and casualty policies? The answer, of course, is that they want to protect their financial interests as well as those of their lender.

If a loss does occur, the policyholder wants a fair, accurate settlement as quickly as possible so that the property can be repaired, the business can resume operations, and life can get back to normal. Ideally, the payment of a claim should be exactly enough to restore

the owner’s property or business to its prior condition.

However, there are many obstacles in the claim process that reduce the likelihood of attaining that goal. One of the major issues is that policyholders--even sophisticated entrepreneurs and business executives--do not understand insurance terminology and the clauses in their policies affecting the claim process.

thereFore, one oF the FIrSt StePS For a PubLIc aDjuSter brought In on a cLaIm IS to aSk the PoLIcYhoLDer a SerIeS oF queStIonS:

• Do you know where a copy of your policy is stored?

• Do you know what the declaration page says in your policy?

• Do you understand the concept of a layered policy?

• Do you know the differences between a business owner’s policy and a homeowners’ policy?

• If you suffer a loss, do you know how to send in an accurate report?

• Do you understand your responsibilities as outlined in your policy?

• Do you know how to assess your damages?

• Do you know how to submit a proof of loss?

• Do you know the important deadlines contained in your policy?

Invariably, the insured cannot answer these questions, even if the binder or entire policy is right at hand. Let me take a moment to note that there are a number of very good insurance agents who have done their best to educate clients about filing a claim, but unless a loss occurs immediately after that conversation, the policyholder will turn his or her attention to other matters.

Regardless of the insured’s level of familiarity with the claim process, the policy’s post-loss compliance section is highly complex and almost always misunderstood. Deadlines are not clear. Phrases like the “reservation of rights,” which stipulate a policyholder’s responsibilities, are almost always ignored or misunderstood without an explanation provided by a public adjuster.

centraLIzeD ProceSSIng

The next obstacle to rapid settlement of claims is the growing trend toward a centralized approval process. This places many independent adjusters in an awkward position. They go to a property where a loss has occurred, assess the damages, and advise the policyholder but lack the authority to settle the claim.

In Florida, for instance, Citizens Property Insurance Corporation, the state-backed insurer of last resort, has stripped its adjusters of that responsibility. Instead, they are tasked with scheduling appointments with the home or business owner, examining the damage, taking photographs, and preparing an estimate. Then, the home office reviews the file and makes the settlement offer. This creates more confusion for the policyholder and delays the process.

If the proposed settlement is below expectations, the insured is likely to haul in an attorney or a public adjuster. If the claim cannot be resolved without going to court, there will be steep additional costs for the



25

xxx • xxx

carrier--especially if there is a bad faith lawsuit in addition to the claim itself.

Even when a claim is resolved without the involvement of attorneys, there are still significant overhead costs to the carrier using a centralized procedure. For instance, every claim must be handled by at least two people--the adjuster in the field and the authorizing manager in the office. In reviewing the file, the manager may find some documentation is missing or incomplete, further delaying the settlement.

Here’s another instance where a public adjuster can provide a valuable service for carriers. Many firms have claim software that tracks the correspondence related to a claim, ensuring that both the insured and the carrier receive the latest information in a timely manner. Claim files can be monitored 24/7 for immediate response to document requests. In this way, public adjusters can serve as a convenient, one-stop source of information for insurers, reducing the costs associated with processing the claim.

Based on our experience in multiple states, the traditional approach of allowing independent adjusters to settle claims in the field is still paying off for Nationwide and State Farm. That’s because there’s simply no substitute for building a positive face-to-face relationship with the policyholder, so a claim can be settled quickly and amicably.

a cooPeratIVe aPProach

For insurers, there are other advantages to adopting a cooperative approach with public adjusters. As an advisor to the policyholder, a public adjustor can determine whether a claim has merit, report any indications of fraud, and determine if a certain loss is actually covered, thus saving the insurer time, money, and aggravation. In some cases, when there is no coverage, an insurer benefits from having a third-party professional explain the situation to the insured.

Next, the public adjuster can gather the appropriate documentation needed to support the claim, again saving time and reducing overhead costs. Perhaps more important is the emotional “hand-holding” that public adjusters can provide immediately after a loss. This is an often overlooked benefit that occurs even with a smaller claim, such as damage from a leak, flood, mold, or sinkholes--a problem in many parts of Florida.

To evaluate a property damage claim, a public adjuster may bring in licensed architects, engineers, and contractors who

can bring their expert knowledge to bear on the loss. This is particularly important with replacement-cost policies, since building codes are constantly changing. For instance, Florida recently adopted a rule that the entire roof must be replaced if 25 percent or more must be removed.In addition, a public adjuster can also help commercial policyholders with the business planning process by discussing the likely size and timing of a settlement offer, smoothing the relationship between insured and insurer.

Finally, many carriers don’t factor in the long-term social benefits of a cooperative claim payment process. That process can make it much easier for hard-hit local communities to rebuild after a natural disaster like Hurricane katrina in 2005 or Hurricane Andrew in 1992. In both those cases, the affected area’s population base shrunk dramatically, reducing both the number of potential insureds, and future premium revenue streams.

can there be harmonY?

Can insurance companies, independent adjusters, and public adjusters live together in harmony? I believe the answer is yes, when all parties involved in the claim process recognize the benefits of a team approach.

There is already an excellent example of why cooperation is better than confrontation. For 12 years, the annual Windstorm Insurance Industry Conference has brought all segments together to learn from each other. At the upcoming 2011 conference in Houston, Jan. 24-27, insurers, independent adjusters, and public adjusters will meet with law, engineering, and construction firms to discuss policies and procedures to resolve claims in the event of a damaging hurricane.

We can take this once-a-year example of teamwork and begin to apply it year-round. Together, we can increase consumer satisfaction, improve goodwill and raise the overall image of the insurance industry. n

PUBLISHED ON CLAIMS MAGAZINE ONLINE, DECEMBER 2010

in 2010 we had severe water damage due to a water tank that expLoded from the fLoor above. in addition to the water damage to the ceiLings , waLLs and tiLes we had moLd damage. we contacted our insurance company at the time who paid us an extremeLy smaLL portion for the amount of damage we incurred.

whiLe driving to work one day i heard on the radio on wiod Jimmy cefaLo show a commentary about ecpa. i caLLed them and it was the best thing i have ever done. they were abLe to have the cLaim re-assessed and a very fair amount was paid at the finaL settLement. this was the first cLaim we have ever made during my 40 years of marriage and 3 previous properties owned. our insurance company at the time wouLd not aLLow a fair settLement no matter what we did. it is unfortunate that insurance companies are aLLowed to practice in this manner.

my overaLL experience at ecpa was wonderfuL and i wouLd recommend it to anyone having a difficuLt time with their insurance company. aLthough it is better to caLL them before you caLL you insurance company as this wiLL ensure a fair settLement from inception of the cLaim.

aLL of the peopLe at ecpa are very heLpfuL, professionaL knowLedgeabLe, they assist you with integrity, respect and knowLedge. aLL of them need to be commended for a Job weLL done. it was a seamLess process and the cLaim handLing was exceptionaL and professionaL.

- r. fortis

h O m E O W n E r tEStimOnial



indeed, even being near the coast in a hurricane-prone area can put a bull’s-eye on property owners’ pockets. Consumer after consumer report skyrocketing premiums.

Christine Juneau, who lives a dozen miles from the beach in Parkland, Florida (near Fort Lauderdale), has watched her

insurance go from $2,800 a year in 2000 to $4,100 last year. Her premium for 2011: $7,026.

“It is frustrating to keep paying more and more to insure a house that seems to be worth less

and less every year on the real estate market,” she says.

That’s a common refrain, particularly among those who live in areas deemed to be at high-risk for storm-related damage. But what many don’t realize is the cost of the premiums is tied to the cost of labor and materials to rebuild a home, not what it would take financially to buy a new one.

“An insurer is looking at the need to rebuild,” says Chris kissell, senior managing editor of

Insurance.com. “The market value has no relevance in that case.”

Higher costs for the raw materials combined with a new look at the potential exposure for insurers does, he said.

Growth in coastal areas and an increase in destructive storms that have cost insurance companies have combined to push consumer costs sharply upward.

“No pun intended, it’s the perfect storm,” kissell says.

coastal living: bad Weather Pushes insurance higherco

AstAl liVing


AS MOTHER NATURE’S FURY REMINDED US THIS WEEk, WEATHER CAN BE DEVASTATING. THAT’S NOT LOST ON INSURANCE COMPANIES WRITING POLICIES IN COASTAL AREAS, WHERE THE COST OF HAVING A BEACH HOME — OR ONE kIND OF CLOSE — JUST kEEP RISING.


27

High-end homeowners can particularly feel the pinch, since their properties will exceed the coverage provided by the federal flood insurance program and most regular homeowners’ policies. In some cases, they could find themselves holding at least four separate policies to insure their coastal homes: homeowners’, windstorm, flood and excess flood coverage.

“That’s where it starts to get expensive,” says Loretta L. Worters, vice president of the Insurance Information Institute.

But Daniel Odess, president of Florida-based East Coast Public Adjusters, says the issue is less one of heightened risk and more about insurance company profits. He argues that insurance companies, which have powerful lobbying operations, have portrayed such things as insurance fraud by their customers as

a reason to hike rates.

“There is such a focus on the profit by the insurance companies,” he says. “It truly is more about making money than the things that have happened.”

As for premiums, Odess says: “They’re absolutely at a record high.

hIS aDVIce to homeownerS:

• Read your policies and know what’s covered and what’s not.

• Make copies of policies and seal them in bags in two separate locations.

• Digitally document your home from all sorts of angles, particularly to show what you’ve done to prepare (not just show personal property) to avoid having a claim denied or minimized

• High-end homeowners, in particular, should be sure of what their coverage includes — Though premiums are higher they often come with more conditions.

“We put so much faith and trust in the insurance industry we forget this is just another contract — a contract to protect the largest investment in your life,” Odess says.

Worters of the Insurance Information Institute says consumers often don’t understand all the issues affecting their

insurers and the rate increases they face. Natural disasters elsewhere in the world, for instance, can have an impact on the reinsurance market which will then affect the costs of U.S. insurers, she says.

Plus, Worters says, with the interest in living near the coast — which has steadily been increasing — the risk of catastrophe grows.

“We’re building homes where they shouldn’t be built,” she says. “These homes are at a much higher risk.”

Wind-related damage by far is the biggest cause of property damage in the U.S. When it comes to insurance payouts, hurricanes and tropical storms dominate, even though tornadoes tend to be more lethal.

On average, tornadoes account for $1.1 billion

in damages to crops and properties, Worters says. Hurricanes, she said, cost an average of $5.1 billion a year.

With coastal development growing and an active hurricane season forecast (the season starts June 1), the prognosis for losses — and insurance rates — is bleak.

“Disaster losses along the coast are likely to escalate in the coming years, in part because of huge increases in development,” Worters says. “One catastrophe modeling company predicts that catastrophe losses will double every decade or so due to growing residential and commercial density and more expensive buildings.”

Hurricane Andrew, which devastated South Florida in 1992, was the storm that sent the message of how expensive it could be when a natural disaster strikes, Worters says. Insurance companies have to take in more money than they pay out for the just-in-case that insurance exists for.

“That’s why they have to have money in reserve – to pay those claims,” she said. “We wouldn’t be a very good business if we didn’t do that.”

Meanwhile, consumers are feeling the pinch and the pressure to avoid their coastal dreams.

The Marshalls were living in Rocky Point., North Carolina, off the Cape Fear River and called it quits when homeowners’ insurance was set to rise 40%. They moved further inland.

“The people who own property along the coast, especially on the barrier islands, have to be very rich to afford it,” Frankie Marshall says. n

PUBLISHED ON FOx BUSINESS ONLINE, MAY 2011

coastal living: bad Weather Pushes insurance higher

“WE Put SO much faith anD truSt in thE inSurancE inDuStry WE fOrgEt thiS iS JuSt anOthEr cOntract — a cOntract tO PrOtEct thE largESt inVEStmEnt in yOur lifE,” ODESS SayS.



contrActors • Builders

Don’t make a multimillion Dollar insurance mistake

Several years ago, a concrete contractor lost millions by not handling an insurance claim correctly. Other subcontractors on a condominium project had made mistakes on the roofing installation that led to the failure of the stucco system and damages to the interior finish. The contractor was able to remediate the problem, but delayed submitting a claim to the builder’s risk carrier for several years. Without proper “before and after” documentation or an engineer who could testify effectively in court, the claim was delayed and then

eventually denied.

That loss could have been avoided by hiring a public adjuster, a licensed professional who assists contractors or other claimants in negotiating or settling an insurance matter and works on a contingency basis.

In many cases, a fair and adequate settlement provides the contractor with funds – either directly or indirectly – to complete the work. For example, in 2005, a Florida condominium association engaged a public adjuster in a hurricane-related claim after displacement of the balcony handrails by the strong winds and flying debris resulted in the water infiltration of the concrete, which caused extensive spalling. Although the insurer argued that the concrete problem resulted from long-term exposure to the elements, a court awarded the association several million dollars to fix the damaged handrails.

bY DanIeL oDeSS



29

that lOSS cOulD haVE bEEn aVOiDED by hiring a Public aDJuStEr, a licEnSED PrOfESSiOnal WhO aSSiStS cOntractOrS Or OthEr claimantS in nEgOtiating Or SEttling an inSurancE mattEr anD WOrkS On a cOntingEncy baSiS.

baSeD on our eXtenSIVe eXPerIence In muLtIPLe StateS, here are Some SuggeStIonS to heLP concrete contractorS aVoID makIng a coStLY mIStake:

• Be aware of the insurance requirements specified by the owner or general contractor (GC), and be sure you have adequate coverage.

• Whenever possible, be named as an additional insured to the GC’s builder’s risk policy. This typically gives you the right to file a claim for losses you suffer, whether or not it’s your fault.

• Don’t forget to insure your own facilities and report losses to the building and equipment. That insurance money could allow you to keep the business going after a serious fire, tornado, flood or theft.

• Never fear filing a property damage or business interruption claim. By not timely reporting a loss, you could be breaching your contract responsibilities.

• Never do your own accounting work when determining a business interruption loss. Bring in a forensic accountant to avoid leaving your own funds on the table.

• Always keep a detailed log of your communications with your insurance broker and claims representatives – and confirm any verbal communications in writing.

• If you are provided a detailed breakdown in support of a claim payment, carefully review it for any errors and/or inconsistencies.

• Don’t fight the claims process. It’s better to cooperate with the insurance company.

• If a request is unclear, always require it in writing with adequate support showing it is required.

• Be careful when interviewed by an insurance adjuster or claims representative – they work on behalf of the insurer and do not represent your interest.

Finally, bring in a public adjuster as soon as possible after a problem occurs. You need someone who can explain what’s covered in your policy, when to file a claim, accelerate the remediation process and maximize your financial recovery. In that way, a public adjuster can be a valued, knowledgeable friend to the contractor at the time of loss. n

PUBLISHED IN CONCRETE MONTHLY, MAY 2011



xxx • xxxINDEx

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WORLD WIDE ExPOSURE


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hOW buSinESSES can PrEParE fOr StOrm SEaSOn 14MiamiHerald.com,Jun-11,OnlineNewMag.com,Jun-11,OnlineThe Miami Herald,Jun-11,Print

inSurancE aDJuStEr OffErS tExt ViP SErVicE 10msnbc,Aug-11,OnlineNBC 6,Aug-11,TVNBCMiami.com,Aug-11,Online

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tEn tiPS tO PrEParE fOr StOrm SEaSOn 8Condo Management Magazine,Jul-11,PrintCondo Management Magazine,Jul-11,Online

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Why hiring a Public aDJuStEr makES SEnSE 20South Florida Real Estate Journal,Oct-10,Online,Online



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Griffin Gazette