Preparedness is Required to Mitigate the Devastating Impacts of Denied Hurricane Claims
- Mike Stall, MSCE, PE, DFE, CPAU
- Jul 23
- 3 min read
Building owners not only have to prove their loss but must prove that their building was not damaged or leaking prior to the storm. Performing pre-storm condition inspections and documenting the current building condition can prevent disputes over denied hurricane claims.
The photographs below show how an insurance company-retained engineer uses building components that may not be in like-new condition to infer that the condition of the building was the cause of the leak – not the storm.
The photograph below shows how an insurance company-retained engineer identifies what is actually responsible maintenance of a counter flashing to disparage the condition of the building and uses this as one example of why storm damage did not occur.
However, this engineer did not show that leaks occurred in this area and did not correlate any claim of damage caused by this condition. He has though, provided an excuse for the insurance company to deny a claim because of perceived pre- existing damage and/or maintenance issues.
The statement below by an insurance company-retained engineer has been presented as if it has a factual basis and as if there were defects, deficiencies, or deterioration that has made the building susceptible to damage.
"Wind speeds in this range typically do not produce wind pressures of a magnitude to cause distress to roofing, exteriors unless there are conditions at these elements such as as-built deficiencies, or deterioration which make them susceptible to wind damage." - Insurance Company-Retained Engineer
In a report that was over 3,000 pages long, he did not provide a single example of a deficiency or any deterioration that made the building susceptible to damage. However, he has provided the insurance company a plausible reason for a denied hurricane claim which must be contradicted with a detailed engineering analysis and clear demonstrations of how damage was caused even though the wind pressures were lower than the design wind speed.
The photograph below is from an insurance company-retained engineering report that alleges that a pipe is “...actively leaking...” which is what caused water- stained ceiling tiles below the pipe.
Whether the engineer has made this statement in the interest of the insurance company or is just incompetent is difficult to say with certainty but the result is the same – denial of actual damage.
The engineer has not shown a joint in the line that is leaking but has only shown a section of pipe that has surface corrosion which is certainly not enough corrosion to cause a leak. Also this pipe is not carrying water or leaking because it is a natural gas line to a gas unit heater and the rust is caused by water leaking through the roof and dripping around the pipe.
Small, low resolution photographs of a limited view are the hallmark of this engineer because it leaves out important details. If he had shown the entire area in high resolution detail, his false allegation of a leaking pipe would be exposed by the fact that this gas line can be seen connecting to the heater.
The photograph below shows another situation where the insurance company-retained engineer alleges a problem that is not provable with this photograph and does not cause the roof to leak.
In a continuing effort to disparage the condition of the buildings in a 3,000 page report, the engineer provides the insurance company with hundreds of baseless allegations of deterioration and disrepair that do not exist. However, the result is the same – a claim denied and a dispute that must be resolved through litigation.
When insurance company-retained engineers make allegations like these and conclude that there is "no covered damage", an after-the-fact response by the owner is required to prove the claim.
When the owner has conducted a pre-storm condition engineering inspection, it is much easier to prove that the insurance company-retained engineer is inaccurately speculating in the interest of the insurance company.
Preparation for a storm is not just getting sand bags and bringing in anything that will blow around, but also means being ready for a dispute with the insurance company-retained engineers that will very likely occur when a claim is made.
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