NOTICE ABOUT PROOF OF LOSS EXTENSION

Below is the notice that Touro Law Center is sending to its hotline callers this week about the FEMA flood insurance proof of loss extension:

FEMA has extended the flood insurance “proof of loss” deadline by six months.  However, it is still important to act now in order to preserve your rights.      

1. Your proof of loss is always due before you file a lawsuit.  At this time, we feel that flood insurers may argue that there is an earlier deadline to properly file a lawsuit, known as the statute of limitations.  Therefore, you may need to submit proof of loss before FEMA’s six month extension.  The deadline to file a lawsuit will vary for each person, and for some it could be as soon as November or December 2013.  This is discussed in our checklist at www.tourolaw.edu/tlcheart

2. If your claim has been denied based on “earth movement,” NY Rising has announced that NY State may help compensate victims for that loss.  We still advise hiring an experienced NYS licensed professional engineer for this denial and other engineering denials, and submitting the report with proof of loss. 

3. We wish to add to our checklist that if your flood insurer has denied your claim by saying that you have a “basement” and you dispute this exclusion, we advise hiring an experienced NYS licensed surveyor to complete an elevation certification, and submitting that documentation with proof of loss.

4. Check FEMA’s website for updated proof of loss forms as of November 1, 2013.

Please check www.tourolaw.edu/tlcheart for more information in coming weeks.

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