I LOST EVERYTHING IN A HURRICANE. WHAT DOES MY FLOOD POLICY COVER?

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2 I LOST EVERYTHING IN A HURRICANE. WHAT DOES MY FLOOD POLICY COVER? You have questions about your insurance coverage in Texas. We can help. In this guide you will find some of the most frequently asked questions, which the attorneys at Long & Long have answered for you. We have handled over 7,500 property loss claims, both flood and wind. From Hurricanes Katrina, Gustav, Ike, Ivan, Sandy to Harvey, our attorneys have fought on the front lines against unfair insurance payments. We are dedicated to fighting FEMA and private insurance companies. We have been up against their adjusters, lawyers, and their underpayment tactics time and time again. Let us help you get the recovery you deserve.

3 IS HURRICANE DAMAGE COVERED BY INSURANCE? In Texas, damage from hurricane force winds, wind-driven rain or debris is covered under either a standard homeowners insurance policy or a Texas Windstorm Insurance Association policy, depending on where you live. If you live in 14 specific Texas gulf coast counties and a portion of Harris county, a Texas Windstorm Insurance Association policy will cover your wind and hail damage. For everywhere else in Texas, a standard homeowners insurance policy will cover hurricane wind, rain, and debris. Hurricane-related flooding, however, is specifically excluded from homeowners policies and Texas Windstorm Insurance Association policies. Flood insurance, for the vast majority of home and business owners, must be obtained by a separate flood insurance policy. Do you have questions about what damages your insurance policy covers?

4 HOW MUCH IS HURRICANE INSURANCE? The cost to effectively insure your property from damage caused by hurricane winds, rain and debris, as well as from damage caused by hurricane flooding, will vary depending on your needs. An insurance agent can help you procure the policy that is right for you. If you have been denied insurance by at least two insurance companies, you may be eligible for homeowners insurance through the Texas Fair Plan Association. Most flood insurance policies are backed by the federal government. It is always smart to have both a wind and a flood insurance policy on your home or business property. Do you have questions about damages sustained from a hurricane?

5 IS WIND INSURANCE THE SAME THING AS HURRICANE INSURANCE? Hurricanes cause damage from both high winds and flooding. Insurance policies that cover wind damage are not the same as insurance policies that cover flood. In Texas, damage from hurricane force winds, wind-driven rain or debris is covered under either a standard homeowners insurance policy or a Texas Windstorm Insurance Association policy, depending on where you live. If you live in 14 specific Texas gulf coast counties and a portion of Harris county, a Texas Windstorm Insurance Association policy will cover your wind and hail damage. For everywhere else in Texas, a standard homeowners insurance policy will cover hurricane wind, rain, and debris. Hurricane-related flooding, however, is specifically excluded from homeowners policies and Texas Windstorm Insurance Association policies. Flood insurance for the vast majority of home and business owners must be obtained by a separate flood insurance policy. Do you have a question about wind damage?

6 WHAT IS FLOOD INSURANCE AND WHAT DOES IT COVER? A standard homeowners insurance policy will not cover flood damage. Flood insurance is a separate policy that is largely available through the federal government s National Flood Insurance Program (NFIP). An NFIP flood insurance policy covers direct physical damage by a flood to your building and/or personal property, also known as contents. The Standard Flood Insurance Policy (SFIP) is a single-peril (flood) policy that pays only for flood damage to your insured property, up to the policy limit. The maximum policy limit available for building coverage under NFIP flood insurance is $250,000 for residential buildings and $500,000 for non-residential buildings. The maximum policy limit available for contents coverage under NFIP insurance coverage is $100,000 for residential policies and up to $500,000 for non-residential policies. Structural damages are calculated using either replacement cost, that pays the amount needed to rebuild or repair the home to the condition it was in prior to the flooding, or actual cash value, which will only pay for the replacement cost less the depreciation. Whether your policy is a replacement or actual cash value depends on the value of your home and the size of your insurance policy. Damages to personal possessions are calculated using actual cash value. This means the older the possessions are, the less value the homeowner will be able to recover. Excess flood policies to cover damages in excess of $250,000 in structural damage and $100,000 in damages to personal property are available. Do you have a question about your insurance policy coverage?

7 IS ALL FLOOD INSURANCE THROUGH FEMA? No, but most flood insurance is through FEMA. There is a small private flood insurance market that may be available to some homeowners, and there is excess flood insurance that is not FEMA-backed. Commercial properties may also obtain non-fema flood insurance policies. WHAT IF MY INSURANCE COMPANY IS NOT COVERING ALL OF MY CLAIM? If your insurance company is not covering all of your claim, you should closely follow the instructions and deadlines for disputing your claim that are documented in your policy. A critical step in this process is submitting an accurate Proof of Loss. In order to receive any additional payment, you must fill out a FEMA Proof of Loss with supporting documentation within one year of your initial claim, and present this to the insurance company. After this deadline, you will not be able to collect any additional payment from your insurance company. For many, this deadline is on or around August 25, The Proof of Loss must detail the estimates of the damage sustained. A contractor s estimate is not sufficient enough to submit. Therefore, it is important to have highly detailed estimates from a professional adjuster. Policyholders affected by Hurricane Harvey are overburdened with stress and abiding by strict deadlines and accurately completing complex paperwork can be overwhelming. An experienced flood and wind insurance lawyer can help you through the entire process of receiving the full value of your loses. Has your insurance claim been underpaid, and you have questions about what to do next?

8 HOW LONG DOES THE INSURANCE COMPANY HAVE TO PAY A CLAIM? In general, under the Texas Prompt Payment of Claims Act (TPPCA), a typical homeowners insurance company must pay a covered claim 60 days after receiving all items reasonably requested and required under the Act, or else the insurer has to pay damages and other penalties to the policyholder. Understanding the law, the claims process, and your policy requirements can be complicated. An experienced property loss attorney can identify the timeline for your claim and help you recover any penalties from the insurance company for delaying payment. IS WIND DAMAGE COVERED BY INSURANCE? In Texas, damage from wind, hail, wind-driven rain or debris is covered under either a standard homeowners insurance policy or a Texas Windstorm Insurance Association policy, depending on where you live. If you live in 14 specific Texas gulf coast counties and a portion of Harris county, a Texas Windstorm Insurance Association policy will cover your wind and hail damage. For everywhere else in Texas, a standard homeowners insurance policy will cover wind, hail, rain, and debris. Flooding, however, is specifically excluded from homeowners policies and Texas Windstorm Insurance Association policies. Flood insurance for the vast majority of home and business owners must be obtained by a separate flood insurance policy. Do you have a question about wind damage?

9 WHY SHOULD I HIRE AN ATTORNEY TO HELP WITH MY FLOOD OR WIND INSURANCE CLAIM? Many policyholders feel as though they can handle the insurance claims process on their own. Unfortunately, understanding the full terms, coverages, and contractual obligations of a lengthy insurance policy is difficult. If you cannot get your insurance company to see reason by yourself, the insurance policy leaves you with very few options to assert your rights. Your insurance company may give you no other choice but to file a lawsuit. An experienced property loss attorney understands the entire process and will fight to help policyholders recover the legitimate, full value of your losses under your insurance policy. Time is of the essence in making these decisions, as your insurance policy has deadlines and limits for asserting your rights. Call an experienced insurance lawyer at Long & Long at to talk about your options before it s too late. (Left to right) Attorneys C. Bennett Long, Andrea F. Butler, Brian Houghtaling, Cate E. Biggs & Earle W. Long, IV

10 ARE THERE DEADLINES TO FILING A FLOOD CLAIM? Yes. Under a standard flood insurance policy, there is normally a 60-day deadline to file a Proof of Loss. FEMA has extended this Proof of Loss deadline for Hurricane Harvey victims for 1 year. It is absolutely critical that a Hurricane Harvey flood victim complete and submit an accurate Proof of Loss according to FEMA s strict rules and requirements by that deadline. A standard flood insurance policy and many typical homeowners policies also have 1-year deadlines that can prevent you from preserving your right to getting the insurance money you deserve. When dealing with the devastating loss of home and property, and the financial and emotional stresses that come along with it, keeping track of time can be tough and deadlines can be hard to meet. Call an experienced Flood Insurance lawyer at Long & Long to talk about your options before it s too late. Do you have questions about flood damage?

11 HOW IMPORTANT IS COMPLETING MY OWN PROOF OF LOSS FOR MY FLOOD CLAIM? It is the most important part of your claim. In fact, it is so critical that without a Proof of Loss you are likely forever barred from receiving additional insurance money. While the initial Proof of Loss requirement was waived by FEMA for victims of Hurricane Harvey, a Proof of Loss that complies with FEMA s rules must be completed and submitted in order to receive any additional money from your insurance company. FEMA s rules regarding the Proof of Loss are complex and strictly enforced. You must use the FEMA Proof of Loss form, and provide the specific information and supporting documentation required. The Proof of Loss must be signed under penalty of perjury and must be supported by, among other things, a detailed, line item damage estimate to support the amount claimed in the Proof of Loss. It is up to you, the policyholder, to present and prove your loss to the insurance company. It is essential that your Proof of Loss form is filled out correctly, per FEMA guidelines, and that you attach your own expert report. Do not think that simply attaching a contractor s estimate will get you the recovery you deserve. The Long & Long Property Loss Attorneys have the experience needed to complete your Proof of Loss. You don t have to do it alone. We can help. Do you have questions about flood damage?

12 WILL MY INSURANCE COMPANY BE FAIR WITH ME? Profit-motivated insurance companies want to undervalue and underpay you on your claim. Flood insurance companies and their adjusters are driven to low-ball you on your damage estimate to avoid scrutiny by federal agencies. From the moment disaster strikes your home and property, you are subject to complex rules and deadlines that put policyholders at a serious disadvantage. If your insurance company does not pay you enough to cover your property loss, the experienced lawyers at Long & Long will help you stand up for your rights and take back control of your claim. We will hold insurance companies accountable for unfair or fraudulent conduct. WILL LONG & LONG SEND OUT THEIR OWN PROFESSIONAL ADJUSTERS TO MY COMMERCIAL OR RESIDENTIAL PROPERTY? Absolutely. Our highly trained, certified adjusters will evaluate the true value of your claim, and conduct a comprehensive assessment of your losses in full. This is then submitted to your insurance company, to be negotiated by one of our experienced Texas flood insurance lawyers who is 100% working for you. Find out more.

13 WHAT IF I CAN T AFFORD AN ATTORNEY? With Long & Long Property Loss Attorneys, you can. The insurance claims attorneys of Long & Long work on a contingency basis, which means we do not get paid unless you do. If we have to incur any court costs or expenses in the pursuit of your claim, we only get reimbursed if we are successful in getting you additional insurance proceeds. If a hurricane has caused severe flood or wind damage to your home or business, you have a limited time to file an insurance claim. Don t let another minute slip by. Contact the disaster relief attorneys at Long & Long today for your free consultation. Call today for a no-cost consultation with an experienced insurance claims attorney. TEXAS OFFICE: 2000 EDWARDS STREET, BUILDING A, HOUSTON, TX (713) ALABAMA OFFICE:301 ST. LOUIS STREET, MOBILE, AL No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.