Nevada Division of Insurance

Transcription

1 Department f Business and Industry Nevada Divisin f Insurance 788 Fairview Drive, Suite 300, Carsn City, Nevada Phne: (775) Fax: (775) Web: di.nv.gv Sctt Kipper, Cmmissiner Cntact: Maria Dal Pan Dias Phne: (775) , ext mdias@di.state.nv.us FOR IMMEDIATE RELEASE March 18, 2010 Divisin f Insurance Releases Fld Insurance Guide Effrts Supprt Natinal Fld Safety Awareness Week, March CARSON CITY, Nev. If yu re like mst hmewners, yu wuldn t even cnsider living in yur hme withut insurance t cver damage frm a majr fire. But what abut smething a standard hmewners plicy desn t cver? Even if water rises nly a few inches, a fld culd cst thusands f dllars in recvery csts. Standard cmmercial and hmewners plicies d nt cver fld damage. That is why, in light f Natinal Fld Safety Awareness Week (March 15-19), Insurance Cmmissiner Sctt Kipper is prud t annunce the release f the Divisin f Insurance s Fld Insurance Nevada Cnsumer s Guide. It desn t matter if yu live in a high-risk r lw-risk area, flding can ccur, Cmmissiner Kipper said. Cnsumers need t have plans in place t prtect bth their families and their assets in case f a fld, especially since standard hmewners plicies dn t cver this peril. The release f this guide is part f a brad effrt by the Divisin t imprve cmmunicatins with cnsumers, especially in terms f disaster preparedness. In the Cnsumers area f the Divisin s Web site, di.nv.gv, visitrs can find the recently released Earthquake Insurance Nevada Cnsumer s Guide, as well as a wealth f infrmatin n a variety f cnsumer tpics. In additin t the fld insurance guide, the Divisin als wuld like t pint cnsumers t Fldsmart.gv, the fficial Web site f the Natinal Fld Insurance Prgram. The NFIP, which was created by Cngress in 1968, is a federally-run, Federal Emergency Management Agency prgram that prvides a means fr hmewners, renters and business wners t purchase fld insurance if their cmmunity participates in the prgram. Participating cmmunities agree t adpt and enfrce rdinances that meet r exceed FEMA requirements t reduce the risk f flding. While the NFIP is a prgram managed at the federal level, cnsumers wh need help understanding their plicies, r wh wuld like mre infrmatin n fld insurance can cntact the Divisin s Cnsumer Services Sectin in Carsn City at (775) r in Las Vegas at (702) mre-

2 FLOOD INSURANCE Nevada Cnsumer s Guide State f Nevada Department f Business and Industry DIVISION OF INSURANCE Sctt Kipper, Cmmissiner Jim Gibbns, Gvernr Dianne Crnwall, Directr

3 FLOOD DANGER FLOOD INSURANCE Flding is the N. 1 natural disaster that Nevadans face and it can ccur at any time f year. In Nevada, the mst cmmn causes f flding are heavy rains, flash flds, new land develpment that can change natural drainage and the spring thaw f winter snw. Additinally, ther causes -- such as the 2008 levee breach in Fernley als can lead t unexpected and ften rapid flding. One f the mst cmmn and mst devastating myths is that hmewners r cmmercial prperty insurance will cver lss r damage caused by fld. In fact, apprximately ne third f the hmewners surveyed recently by the Natinal Assciatin f Insurance Cmmissiners (NAIC) incrrectly believed that their hmewners insurance plicy wuld cver fld damage. It is critical t check nw and evaluate if yu have the prtectin yu need fr yur dwelling/building and belngings in case f fld. WHAT IS FLOOD INSURANCE Fld insurance cverage is ffered thrugh a federal prgram knwn as the Natinal Fld Insurance Prgram (NFIP) administered by the Federal Emergency Management Agency (FEMA). It is available t wners and renters f hmes, cndminiums and cmmercial buildings. In the past few years, the NFIP has been temprarily extended several times by Cngress fr shrt duratins; hwever Cngress is expected t pen discussins n pssible reauthrizatin f this prgram n a nn-temprary basis, including debate n pssible financial refrms t the prgram. A standard fld plicy fr a hmewners residence can be written t insure structural damage up t a limit f $250,000, including the furnace, water-heater, air-cnditiner, flr surfaces and debris clean up. Hmewners may, fr an additinal premium, purchase cntents cverage f up t $100,000 fr damage caused by a fld. Fld insurance plicies fr nn-residential r cmmercial buildings may be purchased t prvide cverage up t $500,000 fr the prperty and its cntents. While the cst f NFIP plicies is standardized, pricing may vary depending n the fld zne designatin, the amunt and type f cverage selected and the level f deductible. Fld plicies are generally written with a minimum deductible f $500, but higher deductibles als are available. The deductible is generally applied separately t a structure and its cntents, giving yu the ptin t chse different deductible amunts fr these cverages.

4 Just like claims cvered under yur hmewners insurance plicy, fld related claims are generally reimbursed n the basis f either Replacement Cst Value (RCV) r Actual Cash Value (ACV). The RCV is the cst t replace damaged prperty and is reimbursable t wners f single-family, primary residences insured t within 80 percent f the building s replacement cst. All ther buildings and persnal prperty (i.e. cntents) are valued at ACV which is the RCV at the time f lss minus physical depreciatin. Persnal prperty is always valued using the ACV. Cntact yur insurance agent r insurance cmpany t cnfirm whether fld insurance is available t yu and what it wuld cst. Ask yur insurance agent r insurance cmpany t fully explain any exclusins in yur hmewners r cmmercial prperty plicy related t fld r water damage. While water damage itself may nt be cvered under yur existing plicy, lss r damage due t explsin, fire, theft r lting caused by water damage may be cvered. Be sure t ask abut restrictins in cverage when there are related causes f lss happening at the same time as a fld, such as rain, wind and weight f ice r snw, which may be cvered by yur plicy, irrespective f ther damage that may be excluded frm cverage. An appendix at the end f this guide prvides a cmparisn f water-related perils cvered under a standard hmewners insurance plicy and a standard fld insurance plicy. A standard hmewners plicy generally prvides cverage fr varius perils ther than water damage. It is imprtant t plan ahead when purchasing fld insurance. A fld insurance plicy usually will nt becme effective until 30 days after purchase. WHO MAY PURCHASE FLOOD INSURANCE The Fld Disaster Prtectin Act f 1973 and the Natinal Fld Insurance Refrm Act f 1994 mandate the purchase f fld insurance as a cnditin f federal r federally related financial assistance fr purchase r cnstructin f buildings in Special Fld Hazard Areas (SFHAs) f any cmmunity. This means that if yu have secured a lan r a mrtgage thrugh a federally regulated r insured lender, and yur prperty is in an SFHA zne, the lender will require the purchase f fld insurance fr yur prperty. All residential and cmmercial wners r renters f insurable prperty (a building and/r its cntents) in a cmmunity participating in the NFIP are eligible t purchase fld insurance thrugh the prgram. Builders f buildings in the curse f cnstructin, cndminium assciatins and wners f residential cndminium units in participating cmmunities als may purchase fld insurance. If yur cmmunity participates in the NFIP, yu can purchase fld insurance regardless f whether r nt a particular piece f prperty is lcated in a fld

5 plain. T verify whether yur cmmunity participates in NFIP, cntact yur lcal city r cunty planning ffice r yur insurance cmpany r agent. FEMA rutinely updates fld znes when new data shws changes t the areas f fld hazard. If the updates t fld maps result in the placement f yur hme r prperty in ne f the SFHA fld znes, yur lender (if any) is required t cntact yu and allw 45 days fr yu t purchase fld insurance. The same wuld apply if yu wished t btain federal r federally related financial assistance fr cnstructin f a prperty. If yu fail t btain the mandatry fld cverage, lenders may pt t purchase an independent plicy prviding fld cverage t prtect their lan and may add the premium amunt t yur lan amunt. Even if yur prperty des nt fall within a designated high-risk fld zne, there are still risks. Accrding t FEMA, the chance f a fld ccurring in lw t mderate fld hazard areas is 25 percent. Similarly, FEMA reprts that apprximately ne in every three NFIP claims cme frm utside the designated high-risk fld areas. Few Nevadans in lwer hazard areas purchase fld insurance thrugh the NFIP, which ffers a preferred-risk plicy fr lw- t mderate- risk areas at a reasnable annual premium. The eligibility rules fr preferred-risk plicies nw include mre cverage ptins fr residential cndminium units, ther residential prperties (such as apartment buildings and assisted living facilities) and ther nn-residential r cmmercial prperties (such as small businesses, churches, schls, etc.). Owners f such prperties, wh were previusly nly eligible fr cntents cverage, are nw eligible t insure the building as well. The Divisin recmmends that Nevada residents cnsider purchasing fld insurance n a vluntary basis. If cverage is purchased after a prperty is remapped int a high-risk fld area, the lender may mandate the purchase f this cverage, and the annual premium will be based upn the high-risk rating f the prperty. Hwever, if cverage is purchased befre the re-mapping ccurs, the annual premium will be adjusted at a reduced grandfathered price since the plicy already was in place. IS MY PROPERTY IN A FLOOD ZONE Yu can check yur fld zne by visiting the NFIP s web site at: and entering yur address. As part f the fldplain management prgram, FEMA designates cmmunities int fld znes based upn the annual chance f flding. Special fld hazard areas (SFHAs) are high-risk fld areas and include znes A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V. Mderate- t lw- fld hazard areas include znes B, C r X. An area

6 designated with the letter D refers t areas where FEMA has nt yet cnducted a fld-hazard analysis but fld risk still exists. FEMA and the Natinal Oceanic and Atmspheric Administratin (NOAA) have recently created an interactive fld impact map that features lcalized, searchable data abut past fld events in their area and the amunt f damage (in dllars) caused by these events in recent years. Visit t access the map. WHERE ELSE MAY I PURCHASE FLOOD INSURANCE The uncertainty regarding a lng-term extensin t NFIP allws fr the pssibility that NFIP may temprarily becme unavailable in the future. If NFIP becmes unavailable, cnsumers whse mrtgage lenders require fld insurance may nt be able t secure fld insurance thrugh NFIP. Such cnsumers have alternative ptins available fr btaining fld insurance in Nevada. Within the admitted (licensed) marketplace, sme insurance cmpanies may be able t ffer fld cverage as a stand-alne prduct r thrugh a Natural Disaster Plicy (generally cvering varius types f disasters including fld). As such, the Divisin recmmends that cnsumers in such a predicament cntact their hmewners r cmmercial risk insurance cmpany r agent t inquire abut the availability f fld insurance thrugh their insurance cmpany. We have a healthy and cmpetitive insurance marketplace in Nevada and we encurage cnsumers t shp arund if the cverage they desire is nt available with a particular insurance cmpany. Hwever, the Divisin strngly recmmends that cnsumers verify that the selected insurance cmpany r agent is duly licensed in Nevada by visiting the Divisin s Web site, di.nv.gv, and using the License Lk-up Tl. Cnsumers als may cntact an independent agent that has access t prgrams such as the Hmewners Catastrphe Insurance Trust (HCIT), which was established t prvide cverage fr majr perils including fld and landslides. The Nevada Independent Insurance Agents staff may assist yu with lcating a licensed independent agent in yur cmmunity. Nevada Independent Insurance Agents (775)

7 Alternately, cnsumers may cntact a licensed surplus lines brker fr placement within the nn-admitted market. Licensed surplus lines brkers als have access t natural disaster plicies including fld cverage. A list f licensed surplus lines brkers is available thrugh the Nevada Surplus Lines Assciatin (NSLA). IF YOU HAVE FLOOD DAMAGE Nevada Surplus Lines Assciatin (775) (888) If yur hme, apartment r business has suffered damage, call the insurance cmpany r insurance agent wh handles yur fld insurance plicy right away t file a claim. Hwever, be advised that filing an unnecessary water damage claim fr accidental water discharge which is generally cvered under a hmewners insurance plicy may result in higher deductible, increased premiums r cancellatin f the hmewners plicy. Even if yu d nt have a fld insurance plicy, in the event f a catastrphic fld disaster, yu may still want t file a claim with yur hmewners r cmmercial insurance cmpany r insurance agent immediately. In case a fld area is declared a majr federal disaster, a prf f rejectin f yur fld-related claim frm yur hmewners r cmmercial prperty insurance cmpany may be required as part f determining eligibility fr federal aid. In the event a claim that was riginally denied is changed t an accepted claim at a later date, yu will be required t reimburse any financial assistance r funding received frm FEMA, nt t exceed yur claim settlement. It is imprtant t remember that, if a fld area is declared a majr federal disaster, the federal gvernment will nt pay fr any repairs r ther damages. Federal assistance is generally in the frm f accessibility t lw interest lans t allw yu t re-build yur hme r business. It is imprtant t nte that any damage t persnal r cmmercial vehicles caused by a fld even if the vehicle is parked in a garage -- is nt cvered under a hmewners r cmmercial prperty plicy. The cmprehensive cverage prvisin f yur autmbile plicy, als listed as the ther than cllisin prvisin in sme insurance cntracts, generally prvides cverage fr damage t vehicles caused by disasters including flding, subject t any applicable deductible.

8 SOME TIPS TO FACILITATE FLOOD CLAIMS SETTLEMENTS Befre any disaster ccurs, make sure t prepare a detailed inventry f yur prperty. Take pictures and make vide recrdings where pssible and try t save receipts f majr items fr dcumentatin purpses. Having thrugh written and visual recrds f yur prperty in its pre-lss cnditin is likely t make it easier t demnstrate t yur insurance cmpany the nature and extent f the damage. As a precautin, stre this infrmatin away frm the insured premises. If yur prperty has been damaged as a result f a fld, d whatever is necessary t prevent further damage, including barding up yur hme t prevent lting. Obtain estimates cvering repairs t structural damage. Prepare an inventry f damaged persnal items. Include a descriptin f each item and its value. Attach cpies f bills, receipts and ther dcumentatin that substantiates yur figures. In additin, keep careful recrds f any additinal living expenses yu incur if yu have t find ther accmmdatins while yur huse is being repaired. Once yur insurance cmpany has determined that yur lss is cvered, it prbably will assign an adjuster t verify yur claim and determine the amunt f the lss. Mst claims are settled prmptly, but sme may require investigatin, ften because f the extent f the lss r because the cause f lss is unclear. As with all types f insurance, the best advice is t understand yur plicy and be sure yu have the prper cverage befre an accident r disaster ccurs. If yu need help understanding what yur plicy cvers, cntact the Divisin f Insurance Cnsumer Services Sectin at (775) in Carsn City r at (702) in Las Vegas. QUICK LINKS Divisin f Insurance di.nv.gv NFIP Infrmatin Page Tll Free: FEMA Fld Infrmatin Page Tll Free: FEMA Disaster Assistance:

9 CONTACT INFORMATION As the ultimate cnsumer prtectin agency n insurance issues, the Nevada Divisin f Insurance exists t serve yu. We can be a surce f unbiased infrmatin and assistance t yu. While mst insurers have plicyhlder service fficers t handle yur plicyrelated questins, we encurage cnsumers interested in further infrmatin n fld insurance cverage t cntact the Divisin f Insurance: Nrthern Nevada Suthern Nevada State f Nevada State f Nevada Department f Business & Industry Department f Business & Industry Divisin f Insurance Divisin f Insurance 788 Fairview Drive, Suite East Sahara Ave., Rm 302 Carsn City, Nevada Las Vegas, Nevada (775) (702) Tll Free in Nevada: Tll Free in Nevada: (800) (800) cscc@di.state.nv.us cnsmsvlv@di.state.nv.us Divisin f Insurance n the Web di.nv.gv

10 Appendix Cmparisn f Cvered Water-Related Perils Standard Hmewners Insurance Plicy Cvers Direct lss by fire, explsin r theft resulting frm any water-related peril. Excludes Fld, surface water, waves, tidal water, verflw f a bdy f water, r spray frm any f these, whether r nt driven by wind. Water r water-brne material which backs up thrugh sewers r drains r which verflws r is discharged frm a sump, sump pump r related equipment (cverage may be purchased as a special endrsement); Water r water-brne material belw the surface f the grund, including water which exerts pressure n r seeps r leaks thrugh a building, sidewalk, driveway, fundatin, swimming pl r ther structure. Escape, verflw r discharge, fr any reasn, f water r waterbrne material frm a dam, levee, seawall r any ther bundary r cntainment system. Standard Fld Insurance Plicy Cvers A fld, meaning [a] general and temprary cnditin f partial r cmplete inundatin f tw r mre acres f nrmally dry land area r f tw r mre prperties (at least ne f which is yur prperty) frm: Overflw f inland r tidal waters; Unusual and rapid accumulatin r runff f surface waters frm any surce; Mudflw; r Cllapse r subsidence f land alng the shre f a lake r similar bdy f water as a result f ersin r undermining caused by waves r currents f water exceeding anticipated cyclical levels that result in a fld as defined abve. The pressure r weight f water if there is a fld in the area and the fld is the prximate cause f the damage frm the pressure r weight f water. Overflw f inland r tidal waters. The reasns fr the verflw are nt restricted. ### Excludes Lss due t theft, fire, explsin, wind, r windstrm Water r waterbrne material that: Backs up thrugh sewers r drains; Discharges r verflws frm a sump, sump pump r related equipment; r Seeps r leaks n r thrugh the cvered prperty unless there is a fld in the area and the fld is the prximate cause f the sewer r drain backup, sump pump discharge r verflw, r seepage f water. The pressure r weight f water unless there is a fld in the area and the fld is the prximate cause f the damage frm the pressure r weight f water. Damage caused by misture, mildew, r mld that culd have been avided by the prperty wner.