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Tuesday, August 14 2018

Last year’s intense hurricane season has motivated most Florida residents to prepare for hurricanes that could hit the state this year, according to a recent survey by the Property Casualty Insurers Association of America (PCI). The results showed a higher percentage of preparedness among Floridians than other hurricane-prone states, but more than 60 percent still say they have not purchased flood insurance.

Nearly two-thirds (64 percent) of residents in Florida say they have taken precautions in advance of the 2018 hurricane season, according to a new poll conducted online by SurveyMonkey on behalf of PCI. More than half of the 654 Florida respondents of the poll, taken between July 9-23, said last year’s hurricanes prompted them to take precautions. Nearly 38 percent reported that their property suffered damage due to last year’s storms.

Among the other hurricane-prone states surveyed in this poll, including Texas, North Carolina, and Louisiana, Floridians reported being the most prepared. Overall poll results of 1,831 residents across Texas, North Carolina, Louisiana, and Florida found 56 percent have not taken any precautions this year in advance of hurricane season. Only 35 percent said that last year’s storms prompted them to take any precautions this year.

Florida is the most hurricane-prone state in the United States, with 40 percent of all United States hurricanes hitting the state, according to the National Oceanic Atomospheric Administration (NOAA). Since 1851, there have been 118 direct hurricane hits in Florida.

“While we’ve not had much activity this hurricane season in the Atlantic basin, the threat of a storm quickly developing is still a possibility. Historically, August and September are active months for hurricanes and as we saw last year with Hurricane Irma it only takes one storm to cause massive amounts of property damage,” said Logan McFaddin, PCI’s Florida regional manager.

The poll included various categories to gauge hurricane readiness, including:

Flood Insurance

  • 63 percent of Floridians do not have flood insurance despite 71 percent saying it’s necessary to help in recovery efforts following a natural disaster
  • 13 percent of residents do not know if their existing homeowners or renters insurance policy covers flood damage

Emergency Plans

  • 68 percent of Florida residents are familiar with their local municipality, county, or state evacuation plan, with the same percentage saying they have developed an emergency plan and shared it with their household
  • 54 percent in Florida have an emergency bag, which includes necessities such as medication, non-perishable food, and water
  • More than half (51 percent) have not conducted a home inventory in the event that property and/or possessions are destroyed, damaged, or lost in a disaster

Financial Preparations

  • 71 percent of Floridians have readily available cash or savings to meet short term expenses that may arise following a natural disaster
  • 69 percent report that they have stored important financial papers and documents in a safe deposit box or online for easy access

Contractor Fraud & Abuse

PCI said following a severe storm it is common for “crooked” contractors to try and take advantage of consumers needing repairs. In Florida, abuse related to water damage and assignment of benefits claims has been a particular problem and the insurance industry and regulators are working to educate policyholders on this escalating abuse.

  • 80 percent are at least somewhat familiar with the signs of contractor fraud and abuse
  • Yet, 14 percent said they would pay upfront for the rebuilding or repair costs if it meant getting their property fixed more quickly and 18 percent aren’t sure if they would
  • 8 percent of residents said they would accept an unsolicited offer from someone to make repairs to their home

Monday, August 06 2018

Atlantic storm watchers are going to have a hard time seeing the ocean, never mind any tropical systems, as another Saharan swirl of dust from Africa is moving west.

The dust, a marker for dry air, has spread out across the Atlantic and “that is really tamping down on the thunderstorm activity that we would typically see at this time of year,” said Jeff Masters, co-founder of Weather Underground in Ann Arbor, Michigan.

The usual recipe for tropical storms and hurricanes requires thunderstorms, moist air and warm ocean temperatures. You won’t find those ingredients now in the Atlantic region stretching from the Caribbean to Cabo Verde, off the coast of Africa.

That’s where a lot of the tropical action typically gets started this time of year, and then about two weeks later the Atlantic often will enter into its most frenetic phase.

For now though there aren’t many signs the basin is even stirring and until things change “you are not going to get much developing,” Masters said.

Tuesday, July 31 2018

Congress avoided a lapse in the federal flood insurance program when the Senate today voted 86-12 to extend authorization for the program by four months to Nov. 30.

The National Flood Insurance Program would have expired at the end of today had the Senate not acted.

The House also voted last week to temporarily reauthorize the program.

President Trump is expected to sign the reauthorization before the program lapses.

The reauthorization does not include any reforms to the program.

Despite years of debate and proposals to reform the program, reforms have stalled. Instead, Congress has passed six short-term extensions of the program. Lawmakers also let the program lapse in 2017 and 2018.

The House passed legislation with reforms more than a year ago; the Senate has yet to do so.

Some in the insurance industry are concerned that Congress may again let the program lapse after this latest renewal and continue to postpone reforms.

“A lapse in the NFIP during the height of hurricane season could impact the ability of the program to promptly pay claims if there is a major flooding event, delay recovery efforts related to the catastrophic 2017 storm season and disrupt real estate markets across the country,” said Jennifer Webb, federal affairs counsel for the Big “I” independent agents association. She said the Big “I” supports a “long-term extension of a modernized NFIP” that would increase flood insurance buyers in both the NFIP and in the private insurance market.

“Congress has avoided disaster by passing this extension of the National Flood Insurance Program, but simply kicking the can down the road is not a solution,” said Jimi Grandi, senior vice president, Government Affairs, National Association of Mutual Insurance Companies. “The problems with the NFIP are well known, and a four-month extension amid the politics of the midterm elections does not inspire much hope for meaningful reform that would provide needed stability for the NFIP and the millions of policyholders who rely on the program,”

There are 5.2 million NFIP policies in force.

Thursday, July 26 2018

The House of Representatives passed a measure to reauthorize the nation’s flood insurance program for four months beyond its current July 31 expiration date.

The House measure to renew the National Flood Insurance Program (NFIP) until November 30, 2018, contains no reforms.

The Senate must still act as well to avoid a lapse in the program. A spokesman for Senate Majority Leader Mitch McConnell told the Washington publication The Hill that the Senate would go along. In June, the Senate included a six month NFIP extensionin a broad farm bill that is now in conference committee between the two legislative bodies.

Today’s House action was taken over a protest by Rep. Jeb Hensarling, R Tex., chair of the House Financial Services Committee, who argued against another short-term extension without reforms. Congress has passed six short-term extensions of the program; it also let the program lapse in 2017 and 2018.

Hensarling argued the House should force the Senate to vote on reforms.

“I want to make it very clear, Mr. Speaker, I believe this program needs to be re-authorized, and the House has done its work,” he said in remarks on the House floor. “The House passed a bill with reforms last November. Never underestimate the Senate’s capacity to do nothing, and unfortunately the Senate has done nothing. But this is a program, Mr. Speaker, that continues to be in dire need of reform. And now we have re-authorized it without reforms not once, not twice, not three times, not four times, not five times – six times since the Financial Services Committee first reported this bill out. Enough is enough.”

Hensarling reminded his fellow lawmakers that 116 lives were lost last year to flooding and there were billions and billions of dollars of property loss, “[A]nd yet, we have a program unreformed that incents people to live in harm – incents people to live in harm’s way. We should not do this, Mr. Speaker,” the Republican said.

House leadership went ahead with the vote and the four-month stop-gap funding bill passed overwhelmingly, 366-52.

Insurance, banking, consumer and taxpayer groups welcomed the House move to avoid a shutdown on July 31 but joined Hensarling in calling on Congress to address the need for reform of the program.

“It is good news that the House voted to keep the NFIP going, but Americans who face the devastating peril of flooding should be able to hold Congress to a higher standard than simply avoiding a lapse,” commented Jimi Grande, senior vice president, Government Affairs, for the National Association of Mutual Insurance Companies. “The time for doing the bare minimum is long past.”

Lenders warned of the effects on the real state market if the Senate fails to follow through. “If there is a lapse, many loan closings in high-risk areas will be delayed or otherwise complicated, resulting in additional costs and borrower frustrations,” said Rob Nichols, president and CEO for the American Bankers Association.

The Independent Insurance Agents and Brokers of America (Big “I”) also urged prompt action by the Senate to extend the NFIP. “A lapse in the NFIP during the height of hurricane season could impact the ability of the program to promptly pay claims if there is a major flooding event, delay recovery efforts related to the catastrophic 2017 storm season and disrupt real estate markets across the country,” said Jennifer Webb, Big “I” counsel, federal government affairs.

Nat Wienecke, senior vice president of federal government relations at the Property Casualty Insurers Association of America (PCI), had a similar message, noting the while the “four-month extension provides homeowners and businesses with certainty through hurricane season,” Congress should enact reforms that will provide “more consumer options and greater financial stability to the NFIP.”

The environmental and taxpayer coalition SmarterSafer called it “disheartening” that Congress has once again declined to enact reforms to the NFIP, which it noted has borrowed more than $25 billion from taxpayers. “We urge Congress to use the next four months to create a comprehensive legislative package that ensures that the program better protects people in harm’s way, the environment and taxpayers,” the group said.

Friday, July 13 2018

There are at least three reasons for an individual to buy a personal umbrella policy.

To begin with, the primary policies otherwise available generally do not provide liability limits commensurate with the exposure such individuals may face.

Second, the cost of this excess coverage is comparatively cheap.

Third (and perhaps most importantly), umbrella policies not only provide coverage when losses exceed the available primary limits, but add coverage for certain types of losses, such as “personal injury” claims that are generally not covered by primary policies.

Although the limits of homeowners insurance and other forms of personal primary insurance have increased, most only provide coverage with “per occurrence” limits of $300,000 or $500,000. Substantial as that sum may seem, it is hardly sufficient to satisfy the liability an insured may face due to a serious accident.

Umbrella coverage is also surprisingly affordable. As a result, umbrella insurers are willing to quote coverage of $1 million to as much as $10 million at rates that are proportionally cheaper than primary insurance. Umbrella carriers can quote coverage with confidence that statistics show their insureds are unlikely to be sued, and any resulting suits are likely to be resolved within the limits of the insured’s primary coverage.

Umbrella insurance not only boosts available coverage limits at a relatively advantageous cost compared to dollar limits on primary policies, but it does so with respect to a portfolio of primary risks. Thus, an insured has excess coverage available for serious auto or premises liability claims without having to pay to increase limits on primary insurance policies that would insure these separate risks.

Umbrella insurance presents a particular feature that separates it from other types of excess insurance.

Umbrella policies (deemed “bumbershoot” policies in the London market) not only provide insurance coverage once the primary limits are exhausted, but they drop down to provide primary coverage for certain types of losses that may not be covered under the insured’s primary policy.

For instance, umbrella policies typically include “personal injury” coverage for quasi-intentional tort losses, such as claims for wrongful entry or eviction, defamation or disparagement and malicious prosecution or false arrest that many homeowners policies do not cover. Umbrella policies may also define “bodily injury” to include claims for emotional distress that primary policies do not cover. In these cases, the umbrella insurer will step in to defend the underlying claim and fill a gap in the insured’s coverage profile that might otherwise prove expensive and perilous.

While the decision to purchase umbrella coverage should be an obvious one for most policyholders, deciding whether to buy umbrella coverage from the same company that underwrites your primary policies may be more difficult. Some primary insurers may be willing to discount the cost of such insurance when the policyholder agrees to buy a package of policies. Using the same insurer may also avoid a seamless web of insurance and avoid unexpected gaps due to conflicting wordings.

At the same time, having a different insurer write the excess coverage may be to the benefit of the insured in cases where the primary insurer is reluctant to accept coverage and the excess insurer acts in concert with the policyholder to apply pressure to the primary carrier to pay the loss or defend.

Personal umbrella policies can help customize insurance coverage by filling gaps in a client’s coverage profile and raise the limits of coverage to safer levels. In short, the answer to the question of whether an insured should buy personal umbrella insurance is not “yes, you should” but rather, “why on earth would you not.”

Thursday, July 05 2018

The federal government has approved Florida’s request for $616 million that will be partially used to repair homes destroyed or damaged by Hurricane Irma last year.

Gov. Rick Scott and Housing Secretary Ben Carson announced the approval in a conference call last week.

Irma hit the Florida Keys on Sept. 10 as a Category 4 storm, destroying 1,200 homes and damaging 3,000 there.

The storm was a Category 3 when it reached the mainland near Naples. It weakened but did significant damage as far north as Jacksonville.

The state’s plan says $273 million will be spent fixing and rebuilding 6,000 homes. Another $100 million will be used to build affordable housing, $75 million to buyout homes in high-risk areas, $62 million for administration and $60 million for small business recovery.

Thursday, July 05 2018

Cost savings in two Florida funds paid into by workers’ compensation carriers are expected to equal a nearly $20 million reduction in expenses for insurers operating in the state next year, according to a statement from the Florida Department of Financial Services.

The cost reductions are a direct result of the sound financial management of the Workers’ Compensation Administration Trust Fund (WCATF) and the Special Disability Trust Fund (SDTF), two funds that workers’ compensation carriers contribute to, DFS said.

Florida Chief Financial Officer (CFO) Jimmy Patronis said the reductions in costs for insurers are expected to translate into savings for Florida businesses in 2019.

“Reducing the cost of doing business for workers’ compensation carriers by $20 million means additional savings could be passed on to Florida businesses, easing financial burdens,” Patronis said.

Legislative changes in 1997 resulted in the SDTF being prospectively abolished and statutorily prohibited from accepting any new claims for dates of accident after Dec. 31, 1997. However, in accordance with Florida law, insurers and individual self-insured employers continue to be assessed to fund a small number of older claims. Further, fiscally responsible management of the WCATF has allowed for assessment rates to be reduced.

The 2019 assessment rate reduction will be the seventh reduction for the WCATF, and the ninth for the SDTF.

DFS said other factors that contribute to a healthy Workers’ Compensation Administration Trust Fund (WCATF) that enable the CFO to reduce the assessment rate, include but are not limited to:

  • Division of Worker’s Compensation, Bureau of Compliance enforcement actions;
  • Increase of exemption applications processed due to a healthy economy;
  • Other regulatory fines, fees and infrequent wind-falls for the WCATF;
  • Decrease in COLA payments to seriously injured claimants.

These expected costs reductions come on the heels of the Florida Office of Insurance Regulation approving a 1.8 percent decrease in workers’ comp rates, effective June 1, 2018. The decrease, filed by the National Council on Compensation Insurance (NCCI), was attributed to a change in the profit and contingency factor thanks to the recently-passed Tax Cuts and Jobs act. DFS estimated the change could equal a $79.5 million savings for Florida businesses.

Thursday, July 05 2018

Scientists at Colorado State University’s Tropical Meteorology Project have decreased their forecast and now believe that 2018 hurricane season will have below-average activity.

According to the forecasters, the tropical and subtropical Atlantic is currently much colder than normal, and the odds of a weak El Niño developing in the next several months have increased.

With the decrease in the forecast, the probability for major hurricanes making landfall along the United States coastline and in the Caribbean has decreased as well, report Philip J. Klotzbach and Michael M. Bell.

The Colorado team now estimates that the rest of 2018 will see additional 4 hurricanes (median is 6.5), 10 named storms (median is 12.0), 41.50 named storm days (median is 60.1), 15 hurricane days (median is 21.3), 1 major (Category 3-4-5) hurricane (median is 2.0) and 2 major hurricane days (median is 3.9).

The forecast cites a 22 percent probability of a direct hit to the eastern United States; the average is 31 percent.

This revised prediction is a decrease from the group’s prior seasonal forecasts issued in April and June and there remains some uncertainty with this forecast. This forecast is based on an extended-range early July statistical prediction scheme that was developed utilizing 36 years of past data.

In explaining the changed forecast, they note that the tropical Atlantic is much colder than normal. “A colder than normal tropical Atlantic provides less fuel for developing tropical cyclones but also tends to be associated with higher pressure and a more stable atmosphere,” the forecasters note. “These conditions tend to suppress Atlantic hurricane activity.”

Also, the odds of a weak El Niño for the peak of the Atlantic hurricane season in 2018 have increased somewhat. If El Niño were to develop, it would tend to lead to “more vertical wind shear in the Caribbean extending into the tropical Atlantic, tearing apart hurricanes as they are trying to develop and intensify.”

At the start of the hurricane season in June, National Oceanic and Atmospheric Administration estimated total of 10 to 16 named storms, tropical-strength or stronger, would likely affect the U.S., Mexico and the Caribbean. NOAA predicted that one to four of them might become major hurricanes.

Thursday, June 21 2018

Florida’s Citizens Property Insurance Corp. will wait until December to determine its 2019 insurance rates and whether it will approve a proposed 7.9 percent statewide increase for homeowners policies.

The decision to defer action on the 2019 proposed rates came at Wednesday’s Board of Governors meeting where the board opted to give new water loss policy language changes time to take effect and South Florida policyholders more time to recover from Hurricane Irma, according to a statement from the state insurer of last resort.

Citizens said deferring the decision will allow the company to review initial results of a newly established managed repair program that kicks off Aug. 1, 2018. The program was created to address rising costs linked to water-loss claims, assignment of benefits and increased litigation.

Acknowledging concerns raised by consumer advocates and state leaders, the board voted unanimously to defer action on a proposed 7.9 percent statewide increase for personal lines policyholders – homeowners, condominium unit owners and renters – which would have taken effect on Feb. 1, 2019.

Under the proposed rates, inland homeowners with multiperil policies would see an average increase of 8.3 percent, while homeowners along the coast would see rates climb by an average of 9.5 percent. Commercial lines would increase by an average of 8.9 percent.

The 2019 proposed rates called for increases in homeowners multiperil premiums in 60 of 67 counties (see graphic). Citizens said the statewide rate increases are being fueled largely by increased litigation associated with water damage claims and assignment of benefits abuse. In Southeast Florida, Citizens Chief Actuary Brian Donovan said the litigation rate is around 50 percent, though he said that rate has flattened out after years of increasing, though the reason for that is unclear.

This is the first year many policyholders outside Southeast Florida could see rate increases as AOB and water damage claims abuse appear to be spreading to other parts of the state, Donovan told the board. He said the litigation rate outside of Southeast Florida has increased from the single digits to 15 to 17 percent.

“In the past couple years these policyholders actually have been receiving rate decreases,” he said. “However, due to the increase in litigation, this year the recommendation is to increase the rates in that region.”

Wednesday, June 20 2018

Just six months after the punishing 2017 season battered the Sunshine State, most Floridians are still not prepared for the potential assault of another hurricane season, according to a survey by the FAIR Foundation.

The survey, released last week and conducted just days after Subtropical Storm Alberto, found that more than three-quarters of Floridians expressed concern about potential hurricanes this year – yet only half have reviewed their home insurance policies to be sure they’re covered.

The survey was conducted June 1 through June 4 from responses through a random sample of registered Florida voters through the Florida Voter File. The survey of 1,000 Floridians found that 76 percent feel very or somewhat concerned about the new hurricane season. Only 5 percent said they are not at all concerned.

Among Florida voters who own their homes, 50 percent have reviewed their homeowners insurance policy since last hurricane season and about 21 percent had updated it. Thirty percent of respondents said they had done neither.

“Hurricanes Irma and Maria last year should have been enough to convince every Floridian of the vital importance of preparing for the worst – but it doesn’t seem that’s really happened,” said Guy McClurkan, executive director for the FAIR Foundation. “The 2018 hurricane season is already off to a fast start, so it’s crucial that everyone review their family’s safety and evacuation plans, check their insurance coverage and consider purchasing separate flood insurance, since floods aren’t covered by a typical homeowners policy.”

The most recent survey also found that Floridians are more focused on their safety and comfort at home following a significant storm event, further emphasizing the need for home hardening and other preparations.

Asked which conveniences they would choose to have in the four days following a hurricane, most chose a refrigerator (74 percent) over a fully charged cell phone (26 percent) and air conditioning (77 percent) over a fully charged cell phone (23 percent). An even larger majority – 83 percent – would prefer internet access rather than cable television access (17 percent). That sentiment was echoed through all age groups, from 92 percent among millennials to 88 percent among those ages 35 to 54 and 74 percent among those ages 55 and older.

The FAIR Foundation said it urges Florida residents to prepare well in advance for the unknown. The Florida-based organization said a separate survey it commissioned in December for the National Hurricane Survival Initiative found that 64 percent of those who attempted to purchase flood insurance as Hurricane Irma headed for Florida were unable to do so.

“You simply can’t wait until the last minute as the storm approaches – not to prepare your home, and not to secure flood insurance to cover losses your regular homeowners policy won’t,” McClurkan said. “Even though hurricane season has already begun, it’s not too late to get ready and get yourself, your family, and your home protected.”

FAIR Foundation has launched Get Ready, Florida! – an on-going statewide initiative to spur awareness, involvement, and action by Floridians targeting hurricane-safety. The campaign features hurricane safety checklists and a television special with information for Floridians.

The FAIR Foundation, an affiliate of the Florida Association for Insurance Reform (FAIR), is a 501(c)3 non-profit organization educates consumers on the risks of water, wind and other natural disasters, promoting wind and flood mitigation and reducing uninsured risk.


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