As Flood Damages Mount, the Senate Ponders Insurance Reform
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After this summer’s debt ceiling drama in D.C., the U.S.
Senate left town for its summer recess without considering a bill
already passed by the House of Representatives that would reform
the nation’s troubled National Flood Insurance Program
(NFIP), and re-authorize the program for five years. But while the
Senate took its break, Mother Nature slammed the nation with
record-setting flooding as Hurricane Irene and Tropical Storm Lee
hit the mid-Atlantic, the Gulf, and the Northeast with a wet,
sloppy one-two punch.
And back in session, the Senate is finally taking up the NFIP
issue with what is, for that body, at least the appearance of
haste. The Senate Banking Committee has now voted to approve a
version of the five-year extension bill, reports the Biloxi
Sun-Herald (“
Senate
committee OKs NFIP,” by Maria Recio).
But neither the House bill nor the committee-passed Senate
version takes up the wind-versus-water issue championed by
Mississippi Senator Roger Wicker. Thousands of Mississippi
homeowners were denied payouts by insurance companies, or had to
fight for insurance awards in court, because the insurers argued
that the homes were destroyed by storm surge, not by high wind
— even though homeowners maintained that the wind destroyed
some or all of the structures before the water arrived to wipe the
slabs clean.
Reports the Sun Herald, “Wicker’s COASTAL provision
for homes left as slabs in a hurricane’s wake would require
the use of data from the National Oceanic and Atmospheric
Administration, instead of insurance company discretion, to
determine the cause of the damage.” (The acronym stands for
“Consumer Option for an Alternative System To Allocate
Losses.”) Senator Wicker says Senate leaders have promised
him that he could present his idea as an amendment to the NFIP
reauthorization bill on the Senate floor, when the time
arrives.
In the recent damage from Hurricane Irene and Tropical Storm
Lee, however, the shoe is on a different foot. Many policies that
cover windstorm damage now include a “hurricane
deductible” that requires the homeowner to pay the first
$1,000 or $5,000 of damage from a hurricane. In New York and New
England, that issue has come to the fore in recent weeks —
and in most cases, it appears, the fact that Irene was only a
tropical storm, and not a hurricane, at landfall means that the
deductibles won’t kick in. The
Insurance
Journal has that story (“
Irene
Raises Hurricane Deductible Questions in Hard-Hit Northeast
States,” by Young Ha).
“New York and New Jersey regulators said recently that
hurricane deductibles should not apply on homeowners’
insurance policies for Irene damages in their states,” the
InsuranceJournal reported. Connecticut is
different, however: “In Connecticut, hurricane deductibles
are permitted only on coastal properties. And on some policies
— and it varies by company — the hurricane deductible
is triggered when a mere hurricane warning is issued for the
state,” the
Journal reports. “This
was the case with Irene, even though it was downgraded by the time
the storm hit. Now it is up to the insurers whether they want to
apply the hurricane deductible, said Donna Tommelleo, a spokeswoman
for the Connecticut Insurance Department.”
Connecticut regulators are negotiating with insurance companies
to get the hurricane deductible waived for homes damaged or
destroyed by Irene, the
Journal reports. And regulators
have said that companies that either agreed to waive the
deductibles, or have deductible triggers that were not met in this
case, account for 80% of the insurance market in the state.