Submitted by eugene tornambe from ft lauderdale

Q: after wilma, we settled with nationwide, our insurance. the adjuster determined at the time that the roof was not a total loss and only in need of repair. since then, leaks have appeared and subsequent repairs have not solved the problems. roofers have told me the roof should have been replaced, not repaired after wilma. do i have any recourse?

Answered 01/01/09 22:27:21 by joseph sabbagh

A: Yes, you have recourse. With insurance policies in Florida you have up to 5 years to settle an insurance claim. Maximum Insurance Adjusters, Inc. can help you sort through the damages and recover all the money you’re entitled to on your insurance claim, under the terms of your insurance policy. You should call Maximum Insurance Adjusters at 305-377-9707 for a free claim evaluation.

Submitted by Becky from GA

Q: I have standing water under my house after several days of heavy rain. It is an old house and the AC ducts run on the ground and some are secured to house off the ground. Will this ruin my AC ducts? Do I have a claim? Thank you, Becky

Answered 12/02/08 20:49:05 by joseph sabbagh

A: Becky, before I answer your question you should know that I am a licensed public adjuster in Florida, and I am not licensed in GA. I can only give you suggestions based on insurance policies in Florida. Firstly, I would recommend contacting an AC Duct repair company to evaluate the situation involving the ducts. Secondly, in Florida property insurance policies often have a general exclusion related to water damage from flood, surface water, waves, tidal water, and storm surges. This is something that you would have to explore as it pertains to your insurance policy. Additionally, it would probably be beneficial to you to contact a Public Adjuster. A Public Adjuster would be able to sort out these issues more thoroughly, as Public Adjusters are experts at policy interpretation and coverages, pricing, and evaluating damages. The National Association of Public Insurance Adjusters (NAPIA) has a website that can help you find a Public Adjuster in your area.

Submitted by Miguel from Miami beach

Q: How much do adjusters normally charge to have a case reopened? Hurricane Wilma in particular

Answered 12/02/08 20:48:46 by joseph sabbagh

A: Miguel, At Maximum Insurance Adjusters we charge 10% of any new monies we get you on your Hurricane insurance claim. At Maximum Insurance Adjusters, Inc. we really try to be sensitive to the needs of our clients and keep our fees low. No matter how long ago your hurricane insurance claim was, we still only charge 10% of the claim. We only take our percentage from the money we get you for your claim. We do not take a percentage from any money received prior to Maximum Insurance Adjusters taking on the claim. Our fees also do not come out of your deductible. For all other residential claims we charge up to 20%, however, it greatly depends on the type and size of the claim. Feel free to call our office at (786) 859-6443 for a free evaluation of your claim or if you should have any questions. FYI: You should also know Public Adjuster percentages actually changed as of October 1, 2008. Florida statues mandate a 20% fee cap on residential property insurance claims and condominium association insurance claims. There is also a legislative fee cap on insurance claims resulting from hurricanes, or any events that are declared a state of emergency by the Governor. This provision applies to claims made during the 1 year period after the declaration of emergency. The maximum allowed for these types of claims is 10% of the settlement amount. Once the 1 year period after the hurricane (or state of emergency), this fee-cap is no longer applicable.

Submitted by Karen from Louisiana

Q: If you can repair your home yourself, will the mortgage company still pay 100% of the settlement from the insurance check to the homeowner? If your mortgage is in forbearance, can the mortgage company keep the money that was not use to repair your home?

Answered 11/23/08 23:37:35 by joseph sabbagh

A: Karen, before I answer your question you should know that I am a licensed public adjuster in Florida, and I am not licensed in Louisiana. I can only give you suggestions based on the claims process here in Florida. Based on our experience here at Maximum Insurance Adjusters, mortgage companies seem to prefer licensed and insured contractor to perform repairs. Mortgage companies usually require: a licensed and insured roofer or contractor, a signed contract with that roofer or contractor, and a W-9 form from the roofer or contractor. When choosing a contractor or roofer it is extremely important to use one that is licensed and insured. Countless clients have told us horror stories about unlicensed uninsured contractors and roofers, and unfortunately there is little to do about it. Additionally, it would probably be beneficial to you to contact a Public Adjuster. A Public Adjuster would be able to sort out these issues more thoroughly, as Public Adjusters are experts at policy interpretation and coverages, pricing, and evaluating damages. The National Association of Public Insurance Adjusters (NAPIA) has a website that can help you find a Public Adjuster in your area. The specific details of the financial arrangement you have with your mortgage company allowing you to be in forbearance and the terms of that forbearance are specific to you and your mortgage company. This is something you will have to discuss with them.

Submitted by Linda from Fort Smith, Arkansas

Q: Six months ago I filed a claim for hail damage that occured to my home. The insurance company only wants to pay for one side of the house that had the most damage and take pieces to fix the other 3 sides. I am not happy with this, due to it will make the value of my home go down. Should I fight for them to replace all 4 sides of the home with new siding? They are trying to make this very difficult for me and my contractor.

Answered 11/23/08 23:09:42 by joseph sabbagh

A: As far as I know, your state does not yet allow Public Adjusters. This is unfortunate as this issue is very commonly dealt with by Public Adjusters and it can be rather frustrating for policy holders to sift through. Issues related to matching are specified in your homeowner’s insurance policy. The best suggestion I can give you is to contact your insurance agent and ask him to explain your coverage as it pertains to matching and where you can find it in your policy. Good luck!! I hope this helps.

Submitted by bobby s. from houston,tx

Q: I sustained a loss to my dwelling and contents during Hurricane Ike. Will my insurance issue separate checks for dwelling and personal property contents since my mortgage company has no vested interest or lien against my personal property.

Answered 11/23/08 23:09:15 by joseph sabbagh

A: Bobby, before I answer your question you should know I am a licensed Public Insurance Adjuster in Florida, and I am not licensed Texas. The insurance company should issue separate settlement checks for your personal contents and your dwelling. The mortgage company should not be named on your settlement check for personal contents. Additionally, if you have applicable Additional Living Expenses (ALE), save all your receipts for your insurance company so you can get your money back. You can also go to the National Association of Public Insurance Adjusters (NAPIA) website to find a Public Adjuster in your area. Public Adjusters specialize in claims assessment and negotiation, helping their clients receive the highest settlement amount they are entitled to under the terms of their policy.

Submitted by Chris from California

Q: I have a situation where the check from the insurance company is more than three times the amount of my outstanding principal balance. If my bank releases the check in thirds, it means that they will essentially hold back an amount that is more than twice my principal amount. Does my bank have the right to withhold any more than my outstanding principal amount?

Answered 11/23/08 23:08:40 by joseph sabbagh

A: Chris, before I answer your question you should know I am a licensed Public Insurance Adjuster in Florida, and I am not licensed California. Here at Maximum Insurance Adjusters, our clients have encountered several scenarios that seem to typify general mortgage company standards with relating to insurance company settlement checks. Typically, a homeowner in good standing with his/her mortgage company and little to no history of delinquent payments, will have the full amount of their settlement check released to them by their mortgage company, as long as the settlement check is for less than $20,000. If the homeowner is not in good standing with the insurance company then they may choose to hold all settlement checks, regardless of the amount. A settlement check for a sum larger than $20,000 is very often held by the mortgage company until a licensed contractor’s or roofer’s signed contract is presented to them. At that point, they frequently either release the full amount or issue a check for 1/3 of the contractor’s or roofer’s contracted amount for the repairs. The money for the repairs is often dispersed in thirds as the work is performed until the entire contracted sum is released and all the work is completed. These procedures do not appear to be related to the principal balance of the mortgage. Consequently, it has been our experience here at Maximum Insurance Adjusters that as long as a homeowner has a mortgage (regardless of the amount of the mortgage) the mortgage company disperses funds according to the repairs. Once the repairs are done all remaining funds are usually released to the homeowner, as long as you are current on your mortgage payments.

Submitted by Rhonda Bratcher from Chester, Georgia

Q: fire in my home was caused by surge protector installed by phone company. Their ins adjuster has made an estimate based on depreciation and ACV. However the starting cost on these items seems very low to me even before depreciation is deducted for example replacement cost of high grade carpet $3.40 per square yrd. how is the starting cost calculated and how can i insure that i am getting reimbursed properly?

Answered 11/23/08 23:08:07 by joseph sabbagh

A: Rhonda, before I answer your question you should know I am a licensed Public Insurance Adjuster in Florida, and I am not licensed Georgia. There are 2 things you can do to impact the settlement amount on your insurance claim: 1. You can get 3 estimates from 3 different companies for the replacement of the same type of carpet and any other work that has to get done. 2. You can go to the National Association of Public Insurance Adjusters (NAPIA) website to find a Public Adjuster in your area. Public Adjusters specialize in claims assessment and negotiation, helping their clients receive the highest settlement amount they are entitled to under the terms of their policy.

Submitted by Bruce Parrett

Q: Hello There, I am a roofing contractor here in Cincinnati and I am having a problem in dealing with these insurance adjusters on claims that involves thiier estimates being to low. My price is never the most expensive but these adjusters exatimate estimates (especially State Farm)are not enough to cover insurances and taxes paid out on labor.If I can provide 3 estimates around the same price, what are the homeowners rights about hiring the roofer to do the job

Answered 11/23/08 23:07:29 by joseph sabbagh

A: Bruce before I answer your question you should know I am a licensed Public Insurance Adjuster in Florida, and I am not licensed Ohio. The first thing I would suggest is to contact Xactimate and verify that the correct pricing for Ohio is being used on each line item. Secondly, you should check with the policy holder if overhead and profit are covered on their insurance policy. There is some variability on this issue. If it the homeowner’s insurance policy allows for these items to be covered, then they should be reflected in the insurance adjuster’s estimate. A Public Adjuster would be able to sort out these issues more thoroughly, as Public Adjusters are experts at policy interpretation and coverages, pricing, evaluating damages. The National Association of Public Insurance Adjusters (NAPIA) has a website that can help you and your clients find a Public Adjuster in your area.

Submitted by lorenza from bryan,tx

Q: A tree landed on my roof during Hurrican Ike, I finally got my insurance check and had to endorse it to my mortgage company along with several other documents such as pictures, insurance adjuster's report, contractor's estimate/contract and their W-9. Got all that and called to check on the status said it would take 7-10 to process because of the number of claims. I ask if I could call back and check on the status and was stongly advised not to because it would delay my claim from being process. I am finding it hard to believe that two months after the hurricane, that they can still be so busy to take 7-10 to process, and the countdown does not begin when it was received but when it actually is placed on the claim rep. hand when the 7-10 process counting begins. Can they do that, take another week. Meanwhile it has been raining and the my floors are getting very wet and scared that the longer they wait I will have to get the bottom wood replaced. Our insurance has been very generous and have paid more then quotes, can we get the difference back or those it have to go back and be applied to the principal of the loan? I keep hearing different stories.Is that termined per mortgage company or state? Thanks!

Answered 11/23/08 23:06:56 by joseph sabbagh

A: Lorenza, before I answer your question you should know that I am not licensed as a public adjuster in Texas only in Florida. I can only give suggestions based on the claims process here in Florida. Just for your piece of mind, I have gotten several questions from people in Texas after Hurricane Ike, and you seem to be notably ahead of most of them with regard to getting fund released from your mortgage company. Sorry to hear what happened to you and the difficulty you are having with the current weather conditions. The amount of time it takes a mortgage company to review and disperse funds is completely variable. For the mortgage company to require 7-10 weeks to release funds is not atypical and at Maximum Insurance Adjusters we have seen it take even longer at times. Once the repairs are completed, all excess funds from the settlement of the claim should be released to you, as long as you are current on your payments to the mortgage company. Additionally, it would probably be beneficial to you to contact a Public Adjuster. A Public Adjuster would be able to sort out these issues more thoroughly, as Public Adjusters are experts at policy interpretation and coverages, pricing, and evaluating damages. The National Association of Public Insurance Adjusters (NAPIA) has a website that can help you find a Public Adjuster in your area.

Submitted by Brian Burns from ft.Lauderdale,fla.

Q: I am a State Certified General Contractor and inquiring as to how best to contact those Policyholders or Agents like yourself who need Contractors to repair their Real Estate.Your column is most informing. Keep up the good work!

Answered 11/23/08 23:06:21 by joseph sabbagh

A: Hi Brian, Thanks so much for the compliment! We really try to help policy holders figure out the insurance claim process and sort through all the confusion. At Maximum Insurance Adjusters, Inc. we do not get involved with the repair process. As you know, choosing the right contractor is a very personal decision and has many factors involved in it. Consequently, we allow our clients to find and choose the contractor that is right for them independently. At Maximum Insurance Adjusters our clients always know that they can contact us for information or help regarding the damage to their property, any other questions they have about the claim, and pursuing additional monies for the claim if repairs exceed the settlement amount.

Submitted by frank montgomery from lakeland, fl

Q: If a homeowner burns thier house down (arson). Would the homeowner have a any claim on thier homeowner's policy?

Answered 11/23/08 23:05:39 by joseph sabbagh

A: Frank to answer your question very simply: NO!! In a case were a policy holder sets his or her home on fire intentionally to get money from their insurance company, they have committed fraud!! It is also a federal crime, known as ARSON, and punishable by imprisonment. Being convicted of arson typically results in a 10 year prison sentence, fines, and possibly will result in never being able to get insurance again. This is in addition to probably having to finish paying off the mortgage on the property and having a criminal record. I hope this helps you with your question.

Submitted by kelli from lauderhill, fl

Q: what is the limit of an insurance claim check that can be mae out to the home policy holder ONLY and not a two party check with the mortgage company also

Answered 10/27/08 23:04:14 by joseph sabbagh

A: Hi Kelli, Sorry to tell you that, as long as you have a mortgage on your property the mortgage company’s name will be on every check that applies to your dwelling from your insurance company, regardless of the amount. Personal property (contents) and Additional Living Expenses (ALE) your mortgage company should not be named on your checks. Please feel free to call our office at (786) 859-6443 for a free evaluation of your claim or if you have any questions.

Submitted by Jesselky from Miami, florida

Q: How much of the portion of my settlement amount is paid to the adjuster...customarily percentage rate...

Answered 10/27/08 21:52:05 by joseph sabbagh

A: Public Adjuster percentages actually changed as of October 1, 2008. Florida statues mandate a 20% fee cap on residential property insurance claims and condominium association insurance claims. There is also a legislative fee cap on insurance claims resulting from hurricanes, or any events that are declared a state of emergency by the Governor. This provision applies to claims made during the 1 year period after the declaration of emergency. The maximum allowed for these types of claims is 10% of the settlement amount. Once the 1 year period after the hurricane (or state of emergency), this fee-cap is no longer applicable. At Maximum Insurance Adjusters, Inc. we really try to be sensitive to the needs of our clients and keep our fees low. No matter how long ago your hurricane insurance claim was, we still only charge 10% of the claim. We only take our percentage from the money we get you for your claim. We do not take a percentage from any money received prior to Maximum Insurance Adjusters taking on the claim. Our fees also do not come out of your deductible. For all other residential claims we charge up to 20%, however, it greatly depends on the type and size of the claim. Feel free to call our office at (786) 859-6443 for a free evaluation of your claim or if you have any questions.

Submitted by meghan

Q: I have a small clothing store in the Miami area. Recently my business was damaged by a fire. What things are covered by my insurance policy?

Answered 06/16/08 22:41:58 by joseph sabbagh

A: I am so sorry to hear that your business sustained damage during a fire. A fire can cause severe damage to your business and it is often extremely overwhelming to deal with its aftermath. Fires are usually covered under most insurance policies. Coverage depends on whether you are a renter or you own the property as well. Insurance policies can cover business interruption, loss of rents, structural damage, and contents. Properly assessing the damage caused by the fire and its aftermath can be the key to recovering the full value available under your insurance policy. At Maximum Insurance Adjusters we specialize in assessing damages and losses related to property and business damage. Physical damage from a fire, the smoke, or the water to put out the fire can significantly affect your business and require detailed loss assessment. Losses sustained by your business as a result of the fire may be covered under several different areas. If you have Loss of Use coverage or Business Interruption coverage on your insurance policy, Maximum Insurance Adjusters can get you payment from your insurance company to help you with the financial burden associated with lost use of your business. Contents are also frequently covered under insurance policies. At Maximum Insurance Adjusters we can prepare your inventory list with you, review the damages, document them, and photograph the damages. Having a complete and accurate inventory list and accompanying documentation will help us get you the maximum amount you are entitled to under the terms of your policy. Physical damage to your property after a fire can be very severe. Coverage on structural damage and/or property damage depends on the limits, exclusions and clauses found in your insurance policy. Damage caused by a fire can be extensive and complex, often requiring careful inspection. The fire, smoke, and even the water to put out the fire can cause damage to your property and contents that extend into areas not visible to you and may even result in mold damage. Maximum Insurance Adjusters can help you assess the damages, protect your rights, and get the largest settlement you are entitled to under your policy. Depending on whether you own the property, or you are a renter, there are different types of losses covered by your policy. Additionally, every insurance policy can vary in one way or another, so it is important to have a qualified professional look over the particular details of your insurance policy. Also, make sure to contact a public adjuster at Maximum Insurance Adjusters, or legal council, before you sign anything from your insurance company or the insurance company’s adjuster. Doing so may result in agreeing to a lower settlement amount and prevent you from pursuing further payments on the damage your business sustained. At Maximum Insurance Adjusters, Inc. we handle all types of insurance claims: ~Hurricane, Fire, Lightning, Tornados, Sinkholes, Floods, Theft, Mold, Water, Broken Pipes~ *Residential, Commercial, Boat/Marina, Airplane, and Building Associations*