The controversy continues to swirl about as New Jersey, New York and Maryland Governors have declared that hurricane deductibles will not apply to Sandy-related property damage claims.
So let’s be clear here. What is a hurricane deductible and what is a “Post-Tropical Cyclone”?
A hurricane deductible is the amount the homeowner must pay out of pocket before hurricane insurance will kick in. Many insurance companies in hurricane prone states sell homeowners insurance policies that require a percentage deductible for storm damage, unlike the traditional dollar deductible used for fire and theft insurance. These percentage amounts can run from one percent to fifteen percent, depending on many factors which vary from state to state and insurer to insurer. Normally the homeowner must pay for damage equal to the hurricane deductible before the insurance company will pay the damage claim.
If the homeowner does not have a hurricane deductible because he does not have separate hurricane coverage, he would have to come up with the deductible generally found on his property declaration page.
A “post-tropical cyclone” is a term that simply means that the current cyclone is no longer tropical. Using this terminology, a dangerous storm can be called “post-tropical” and its hurricane name can still be used.
New Jersey’s Acting Commissioner of Banking and Insurance declared that the hurricane deductible did not kick in because the National Weather Service downgraded Sandy to a “post-tropical cyclone” before it made landfall in New Jersey. The same is true in Maryland and Connecticut.
Governor Cuomo of New York has said that the hurricane deductible in that state will not apply because Sandy did not have hurricane force winds when it made landfall in his state. He has also imposed a 30-day moratorium on termination of small business and homeowners insurance policies in the “Sandy” stricken areas of New York. This moratorium may be extended and the policies cannot be cancelled for any reason including non-payment of premiums.
Protect your legal rights by consulting with an aggressive and experienced attorney, Joseph A. Porcelli, Esq. At The Law Offices of Joseph A. Porcelli, P.A., you pay no legal fees, costs or expenses for our representation unless we collect money for you. If you have made a claim or are contemplating making a property damage claim caused by Super Storm Sandy, it would be wise to contact our new office in downtown Toms River, NJ by calling 732-244-4451 or call us toll-free at 1-877-529-9191 or on our 24 hour / 7 day hotline at 727-457-8647 or visit us on the web at www.AttorneyPorcelli.com/NewJersey or email us at sandyclaims@AttorneyPorcelli.com or submit the free case evaluation form today!