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Cuomo: Homeowners Will Not Pay Hurricane Deductibles

Story written by Greg Sleter

Homeowners across areas of New York impacted by Hurricane Sandy will not have to pay deductibles on insurance claims stemming from damage caused by this week’s storm.

Gov. Andrew Cuomo on Thursday said in a press release that the state’s Department of Financial Services (DFS) has informed the insurance industry that hurricane deductibles should not be triggered by the storm. This will prevent coastal homeowners from having to pay deductibles in their insurance policies, Cuomo said.

“Homeowners should not have to pay hurricane deductibles for damage caused by the storm and insurers should understand the Department of Financial Services will be monitoring how claims are handled,” he said.

According to the Governor, many homeowners’ insurance policies for homes located in downstate areas contain hurricane deductibles based on a percentage of a property’s insured value. These deductibles typically range from one percent of a home’s insured value to five percent. For example, with a five percent deductible on a home insured for $300,000, the homeowner would have to pay for the first $15,000 of damage.

“We will be working with insurers to help them respond as quickly as possible to homeowners who need to file claims,” said Benjamin M. Lawsky, superintendent of Financial Services. “We will be sending our mobile command center to hard hit areas to help consumers with insurance questions and problems.”

DFS officials suggest that homeowners who experienced property losses to file insurance claims with their insurers promptly after losses occur and include policy numbers and all information relevant to the loss. To best document losses, officials said homeowners should take photos or videos showing the extent of the losses before cleaning up damage.

Officials also said homeowners should make only necessary repairs to prevent further damage to property, like covering broken windows. Permanent repairs should not be made until after insurers have inspected losses. Damaged personal property should be kept until after an insurance settlement has been reached.

In addition, homeowners should cooperate fully with their insurer and keep a diary of all conversations with the insurance agent, including the agent’s name, as well as the times and dates of all calls or visits.

DFS officials noted that flood damage is only covered by flood insurance, which is a federal program administered by the Federal Emergency Management Agency. Homeowners who have flood insurance and have flood damage should make claims through that insurance.

DFS has activated a Disaster Hotline to answer consumer questions and help with problems. The Disaster Hotline number is 800-339-1759. It is staffed Monday – Friday from 8 a.m. to 8 p.m. and Saturday and Sunday from 9 a.m. to 4 p.m.

Homeowners unable to resolve disputes with insurers can file complaints at http://www.dfs.ny.gov/consumer/fileacomplaint.htm.

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John Gruber November 2, 2012 at 02:48 pm
why should they pay a hurricane deductible when the storm wasn't a hurricane? good question, you tell me.
Concerned November 2, 2012 at 02:57 pm
This is from Dr Greg Forbes weather channel expert on severe storms.
"Water vapor satellite image of Sandy making the transition from hurricane to "extratropical" storm about 4:45 PM on Monday Oct 29." So when it hit land it was a hurricane.
Elizabeth K November 2, 2012 at 03:07 pm
John I'm a big fan of the Governor, We elected a great official who cut's the BS and secures aid and funds for New Yorker's. The insurance Co. cannot charge a hurricane det., due to the fact that it was a trop. storm. Thank you for protecting the homeowners Governer, keep up the good work, now let the man do his job getting the subways pumped out and build protection for future storms.
Gene Shumaker November 2, 2012 at 03:07 pm
cuomo doesn;t know what hes talking about... go back to the country club and have another drink.
CommonSense November 2, 2012 at 03:12 pm
Many of you may see insurance as a necessary evil, so if you feel that way...don't purchase it. But all of you need to realize that while most insurance companies do turn a profit, (it's a business and a service...that's the point) most do not make big money like many of you seem to think. Insurance companies pay out a lot of what they take in and when major disasters like this hit, they go into the red for MILLIONS and in some cases BILLIONS of dollars to make sure their customers are taken care of. Those companies that are able to stay in business after such catastrophic disasters are those that have other entities within their brand umbrella from which to subsidize their homeowner and auto funds, and smart investment dollars from which they draw to stay in business...and they they have to go about building back their reserves. If any of you think insurance companies make money in situations like this (where the premiums and deductibles taken in from those they insure in the area cannot possibly cover paying for 100% losses on 90% of the properties involved), you need to go back to math class. I will say, also, if you choose to build or own on the coast, you know the risks and you know you have a deductible when you purchase your insurance. As bad as I feel for those who lost everything, I've never seen any governor from Tornado Alley demand that insurance companies waive deductibles after major storms for those folks.
John Gruber November 2, 2012 at 03:20 pm
If the companies were making people pay for tornado deductibles when there were no tornadoes, something similar would most likely happen. It's not about paying a deductible, it's about WHICH deductible to pay, and since it was not considered a hurricane by the National Weather Center or whatever they shouldn't have to pay a hurricane deductible.
Positively Contagious November 2, 2012 at 03:26 pm
It's crazy and a shame to see class warfare destroying this country, the "I want what he/she has" attitude. Hopefully everyone, rich or poor, healthy or sick, young and old, all have and are staying safe through this tough time. Join together and help each other. WE the people need to stand UNITED or this country is destined for failure.
John Gruber November 2, 2012 at 03:28 pm
one guy's opinion is not enough. The majority of weather channels/services agree, like most storms it lost power once it reached land and no longer could be considered a hurricane. point blank, most people agree it was not strong enough to be considered a hurricane so to make people pay higher hurricane deductibles on something most meteorologists/weather services say wasn't technically a hurricane, is wrong
K. November 2, 2012 at 03:31 pm
Maybe this will help:
Hurricane Deductible - Big Flat or non-wind Deductible - Small Deductible is what you pay - Big=Bad, Small=Good Sandy technically not Hurricane as it crested land - Good Sand not hurricane becuse wind not 74mph for long enough on land - Good Ins. Cos will pay a much larger share of your claim as per contract terms - Good Governor Keeping an eye on Insurance Companies - Fine
John Gruber November 2, 2012 at 03:33 pm
It's amazing the things people come up with after reading a simple article that states since it was not considered a hurricane when it got here people shouldn't have to pay for it like it was one.
Concerned November 2, 2012 at 03:38 pm
What is unprecedented is that the NHC never issued a hurricane warning north of north carolina?! AccuWeather implored them to do so and they did not. If a hurricane warning was issued, insurance companies can calculate deductibles on a hurricane basis. As Sandy hit Atlantic City with hurricane force winds the NHC suddenly declared it a tropical storm. It was a hybrid hurricane and nor easter. It will be debated and is being debated. I suggest a congressional hearing to understand why a hurrican warning was not issed for NY, NJ, Pa and Va. It is dangerous not to be explicit with the public for safety reason. Just before it reached the NE, Mayor Bloomberg was quoted asking NHC was it a hurricane as they called t one but did not upissue the formal Hurricane warning to public officials nor the public. This matter will not go away anytime soon.
Gene Shumaker November 2, 2012 at 03:43 pm
we all pay for this one .and the rates will go up next yr for everyone .ins comps don;t lose. thats why there in business.they pay know we pay later .cuomo talkes a lot of hot air. like the rest of them...we always pay at the end........
Hazel Wilkonson the First November 2, 2012 at 03:49 pm
The other constant is you are a complete moron.
Judith November 2, 2012 at 04:01 pm
That is one of the most ridiculous statements I've seen in a very, very long time. Ocean-front homes are mansions only sometimes, depending upon where they're located. But Manhatten and Staten Island, for example, have middle-income and low-income homes, as well as mansions, along the waterfront and inland. Sandy did not discriminate - it's amazing how a storm does not discriminate but a person like you does! Wow!
John Gruber November 2, 2012 at 04:07 pm
yea, it's much better to let insurance companies take advantage of their clients and force them to pay for something that may not even apply to them
Scott C November 2, 2012 at 04:09 pm
Having just read through all these comments, it's pretty clear that many people are more interested in commenting than in actually reading and comprehending. Why this has turned into a political argument is even more bizarre. Gov's Cuomo and Christie are in different parties but they are both stating the same thing which is basically for the purpose of illuminating the people that live in their respective states so they know how to deal with their insurance companies. NO ONE is voiding contracts. Based on the official weather determination, IF your insurance contract has a HURRICANE clause for additional deductible, that SHOULD NOT be triggered by this particular storm. (Part 2 to follow)
Scott C November 2, 2012 at 04:09 pm
Plus, this entire article/discussion is about about wind damage. Private insurers do not typically cover flood damage which includes storm surge...so all of the blather on here about rich beachfront property owners is completely irrelevant (and btw, there's a lot of barrier island properties that have been in the same families for decades...it's only in the last 10-15 years that prices went through the roof - so much of this class warfare crap is sadly misdirected). In addition, some of the worst flooding I've seen are in the mainland areas inside of the barrier islands which are most definitely not owned by "billionaires".
I admire those that keep trying to redirect this discussion back to the facts, but I'm afraid you're doing an exercise in futility based on much of what I've read here. There are some that just like to argue for the sake of the argument. Here's an idea for those. Get off the computer, grab a pair of work gloves and drive 2-3 miles wouth of town and see if you can help out...they need it, badly
Cathy Shanley Woodby November 2, 2012 at 04:56 pm
I am a past Pequan.. living in Vero Beach Fl.. In 04 we were hit by two back to back hurricanes a 2 & 3 within three weeks of each other. Yes "windstorm policy" is what most are using now in stead of "hurricane".. I had a 2% deductible for hurricanes at the time. Once my insurer evaluated & I had to fight for months for approvals, what they did was, I needed $70,000 worth of repairs, they deducted the 2% from the check that I was to receive, so it doesn't come out of pocket. I wish you all the best of luck. If you can get hire a "public adjuster" versuses using your insurance rep, you usually get more for the money. I know State Farm was willing to pay $10/hr for painters (tell me where you can find a painter for $10 hr) the public adjuster counts every screw you will need, every nail, etc.... Good Luck to all of you!
Concerned November 2, 2012 at 05:14 pm
I do not want any insurance company to defraud anyone. I strongly believe we are a country of laws and those laws must be followed. Contract law is a part of that process. Each state has different laws as it relates to this issue. Maryland for example the hurricane deductible is triggered by a hurricane warning issued by NHC. Even if it weakens from a Hurricane to a Tropical storm, the trigger is met for hurrican deductibles to be applied. So it a complex are of the law and not as black and white as many believe. I find it amazing that the NHC did not issue a hurricane warning above NCarolina to warn folks. Its bad prescedent and Congress needs to find out why they changed their long standing policy on issuing warnings.
Concerned November 2, 2012 at 05:27 pm
Patch editors, how long do you allow Hazel to post such vile comments. She thinks the name calling impacts the people she directs them towards,and all it does is highlight her nasty approach to dialogue. Sad.
Arthur Neckritz November 2, 2012 at 05:44 pm
I agree with "Michael". The insurance is a contract, agreed to by both parties. Where does the government have the right to tell companies they can void a contract without due process. Are we in the old Soviet Union? I hope the insurance companies challenge this socilaist dictatorial approach to governing. We are a country based and founded on the rule of law, not the arbitrary whim of a governor. Maybe we shouild make the governor retake his contract law course and have him review the historical basis of contracts in the history of the U.S.
I rest my case.
John Gruber November 2, 2012 at 05:59 pm
did you even read it? HE IS NOT "VOIDING" ANYTHING! he's saying the companies don't have grounds to apply Hurricane Deductibles for a storm that WAS NOT CONSIDERED A HURRICANE when it affected the given areas. Period. no voiding, no canceling contracts, just CLARIFICATION.
Tom S November 2, 2012 at 06:02 pm
When Sandy hit New York, it did not have measured sustained winds of at least 75 mph. It was classified as a tropical storm. It did have wind gusts of up to 92 mph. I was under the understanding that for the hurricane insurance deductable to apply, it had to be at least 75 mph sustained winds to qualify.
John Gruber November 2, 2012 at 06:06 pm
By the looks of it half of you don't even know what a contract is. He is NOT canceling, voiding, rejecting etc ANY contract, merely clarifying that it was NOT considered a hurricane and therefor insurance companies have no grounds to apply hurricane deductibles. NOTHING in the contract changed, they are still charged the deductibles THEY agreed to, but the HURRICANE deductible does not apply to this storm because IT WAS NOT (considered) A HURRICANE when it hit NY
robkoz November 2, 2012 at 06:11 pm
It's time to divert the BILLIONS this country funds to the UN and all the other humanitarian aid to the people of the USA! Getting a little tired of funding everyone else and then when it comes to our own disasters people have to beg for help or take out loans to rebuild. That's bullshit! Especially since WE pay for everything!
marc winters November 2, 2012 at 07:01 pm
Andrew Cuomo has no right to tell insurance companies how to run their business. If one feels that a deductable is not applicable, there are courts to adjudicate such matters. I think it would be great if the insurance companies decide to no longer insure New Yorkers and tell their customers to get their insurance from the governor.
nw November 2, 2012 at 10:33 pm
If you have a mortgage you have to insure your home I am not sure if its a law to have this insurance, like a car, but if it is then it isn't just a deal between a homeowner and an insurance company, but one brokered by the government or a bank.Therefore the government./bank that made the law is responsible to regulate the rules thus keeping the rules fair for the little guy.
nw November 2, 2012 at 10:42 pm
Insurance companies spent many millions of dollars and years of time figuring out how much we should pay so they will still make money after they pay out . The Hurricane clause was written in when the companies realized that the northeast was long overdue for a serious hit. before it was written in, they made billions on the fear that it might come. When they realized that all the cards in the deck were spent and there was still one ace to be handed out, they raised the rates or threatened to leave town . insurance as an idea only works for the insured if the rules stay the same for many years, this isn't the case for us now.
Marc November 3, 2012 at 05:48 pm
So true
SteveP November 6, 2012 at 03:27 pm
I personally don't have a problem with NY or NY residents not having to meet their "storm" deductible. However, I would expect all residents of Florida, Louisiana, Mississippi, Texas, Alabama, etc. to receive the same treatment is all future storms. Saying it wasn't a sustained hurricane at landfall is circumventing the issue and irrelevant. The storm that hit was a tropical system, and the storm surge that hit was part of that cycle which had been a hurricane
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