Eastern Public Case Studies and News

Tropical Storm Erin: What We Know, and How to Stay Prepared

Tue, 12 Aug 2025 21:08:43 GMT

What We Know Right Now

Tropical Storm Erin, the fifth named storm of the 2025 Atlantic hurricane season, formed over the eastern Atlantic near the Cabo Verde Islands on August 11. Erin currently has sustained winds of approximately 45 mph and is barreling westward at about 20 mph.

Forecasters expect Erin to strengthen into the season’s first hurricane by midweek, with the potential to escalate into a major hurricane (Category 3 or higher) by the weekend, fueled by warm Atlantic waters and low wind shear.

At present, Erin is trending north of the Caribbean, making any immediate U.S. landfall unlikely. Still, its future path remains uncertain. Weather models show two main possibilities: Erin could either veer northward, potentially affecting Bermuda, or shift more toward the U.S. East Coast, though the likelihood of direct impact remains low at this time.

Expected Track & Timing for the U.S.

Midweek (Wed–Thu): Erin likely reaches hurricane strength.
Weekend: Potential escalation to major hurricane, passing north of the Caribbean.
Early next week: Fairly unsettled steering patterns could send Erin toward Bermuda, or, in a less likely scenario, closer to U.S. shores such as the Carolinas or Northeast. Coastal regions should continue to monitor updates, especially for surf, rip currents, and heavy rains.

Why a Skilled Disaster Recovery Team Matters Now

Even with Erin currently off course, the storm reminds us how quickly the story can change. Coastal and eastern regions should act now—before it’s too late:

1. Proactive Mitigation Saves Time and Cost

A qualified disaster recovery team ensures your property and belongings are protected now and if Erin takes a turn. Emergency preparations, like securing loose materials, inspecting drainage, and securing sensitive areas, can make all the difference in reducing losses.

2. Speed to Restore Means a Smoother Transition Back

When damage occurs, having a partner ready to deploy—who understands both the urgency and the insurance process, means faster claims, faster contracting, and accelerated repairs. That’s what Eastern Public delivers.

3. Expertise in Navigating Complex Claims Scenarios

Whether it’s evaluating structural damage, dealing with water infiltration, or managing debris removal, seasoned recovery professionals anticipate challenges insurers and property owners face, negotiating for fair coverage and ensuring critical work isn’t overlooked.

4. Confidence, When You Need It Most

Erin might not hit, and may never hit, but storms like this raise serious questions. Property owners and managers who place their biggest assets in the hands of Eastern Public can face the unknown with calm, knowing they’ve already done their part.

Eastern Public: Your Frontline in Storm Recovery

At Eastern Public , we specialize in protecting your property before, and if, Erin strikes. Our experienced disaster recovery teams deliver:

Rapid response and assessment
Business continuity planning
Loss investigation and claims preparation
Insurance advocacy and claims management
Full-service restoration and rebuild coordination

Don’t wait for the worst, be ready now. Contact us to discuss how we can help safeguard your property, no matter which way Erin turns.

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About the Author

Brian Evans is an industry-leading insurance claims expert and the CEO of Eastern Public LLC, a premier disaster recovery and public adjusting firm serving clients across the eastern United States and beyond.

With over 15 years of experience managing complex property claims, Brian is a recognized authority in insurance policy interpretation, litigation support, and large-loss negotiation. He is a court-certified expert witness, appointed appraisal umpire, and serves in leadership roles with national and state adjusting associations, including NAPIA and NYPAA.

Beyond his professional work, Brian is deeply engaged in civic affairs and community development. He advocates for fair housing policy, property rights, and sustainable local planning. Known for his principled approach, strategic thinking, and persuasive communication, Brian is widely respected for advancing both consumer protection and professional standards within the industry.

www.EasternPublic.com

Understanding the Value and Cost of Public Adjusting Services

Fri, 25 Jul 2025 14:41:54 GMT

Many property owners worry that if a public adjuster earns a percentage of the settlement, it may leave them short on funds to complete the repairs. That’s a valid question. Here’s the reality: while there is a cost for professional representation, our services often pay for themselves, many times over.

We save you time. A typical claim can require hundreds of hours of documentation, communication, and negotiation. We take that burden off your shoulders.
We uncover what’s often overlooked. With deep knowledge of policy language, building systems, and industry standards, we identify and quantify damages that frequently go unnoticed or undervalued by the carrier and general contractors.
We negotiate the fair market value of the loss, not just your cost to repair. That distinction matters. Actual Cash Value (ACV) insurance settlements are based on the estimated cost of repairs at fair market value, not necessarily what you’ll pay your contractor. In some cases, you may complete the repairs for less than the amount paid, reducing or eliminating out-of-pocket costs, even after our fee.
We help protect you from costly mistakes. Insurance companies are for-profit businesses. Their claims processes are designed to control payouts, not to ensure you’re made whole. Without professional representation, even honest and proactive policyholders often leave significant money on the table.

Finally, it’s important to know enough to know what you don’t know. Insurance claims are complex, and unless it’s your profession, navigating them successfully is extremely difficult. We’re here to level the playing field, to ensure your settlement is fair, complete, and in compliance with your policy rights.

Our role isn’t to “maximize your loss”, it’s to make sure you’re fully compensated, with minimal hassle and minimal to no out-of-pocket expense, so you can get back to normal as quickly and confidently as possible.

For more information or if you have questions, call us today. The consultation is always free and the information you receive can be priceless. EasternPublic.com or 929.732.4524.

Broad Evidence Rule Demystified: The Role of Weighted Factors in ACV

Tue, 10 Jun 2025 13:01:47 GMT

The Role of Weighted Factors in Actual Cash Value Settlements

The Broad Evidence Rule allows (and encourages) adjusters, appraisers, and courts to consider all relevant information that reflects the property’s true value at the time of loss, not just a formulaic depreciation of replacement cost. Since no single valuation method perfectly reflects real-world value in every case, weighting helps reconcile different indicators of value in a balanced and fair way.

Why Use Weighted Averages?

Because replacement cost less depreciation (ACV) and fair market value (FMV) often yield very different numbers, especially in cases of:

Market depression or localized blight
Older homes with outdated systems (functional obsolescence)
Homes in declining or unstable neighborhoods (economic obsolescence)
Overinsured properties
Properties with high RCV but low resale value
Properties with particularly high regional resale value which may exceed ACV reconstruction costs

In these scenarios, simply relying on one figure (ACV or FMV) risks either overpaying or under-indemnifying the policyholder.

Weighting allows for:

A more accurate reflection of economic reality
Transparency in how ACV is calculated
A defensible position if the claim is challenged, litigated, or appraised

How to Apply Weighted Averages in BER

You assign a percentage weight to each valuation input (e.g., Depreciated RCV and Market Value) based on how strongly you believe it reflects the property’s value.

Common Inputs & Their Weights:

Logic Behind Methodology: What the Weights Represent

The weights reflect the relevance and reliability of each value in the context of indemnity. Here’s the reasoning behind that:

Depreciated RCV is based on the assumption that the insured will want or need to restore or replace the property. It reflects reconstruction cost, not resale value.
Useful when: the structure is insurable, functional, and likely to be replaced.
FMV reflects the property’s value in the open market, taking into account all externalities (location, demand, age, neighborhood conditions).
Useful when: the property is old, functionally obsolete, or located in an economically depressed area.
Certain factors can also support a higher Actual Cash Value (ACV) under the broad evidence rule when: Properties or items with special utility, regional or historical value, particularly in unique or high-end properties. Additionally, income-producing real estate or property with measurable income potential (using the capitalized income method) can result in a higher ACV than would be calculated using standard replacement cost less depreciation.
The weighting allows ACV to reflect real indemnity, not just a theoretical rebuild or sale, but what the insured has actually lost.

Example Calculation with Explanation

Scenario:

RCV = $500,000
Depreciation = $75,078
→ ACV = $424,922
FMV = $168,000

You assess:

The home is old, with dated systems (functional obsolescence).
The neighborhood has limited sales activity and low buyer interest (economic obsolescence).
The likelihood of full replacement is low.

So, you apply:

70% weight to ACV : because it reflects actual rebuild cost (less depreciation)
30% weight to FMV : to account for economic reality in the market

BE ACV = (70% × $424,922) + (30% × $168,000)

= $297,445 + $50,400

= $347,845

This reflects a balanced loss value that protects the insurer from overpayment, while fairly compensating the insured for what they’ve actually lost, factoring in both cost to replace and value in the market.

Another Example Calculation:

A 100-year-old historic brownstone in a high-demand urban neighborhood may cost $500,000 to rebuild, with depreciation reducing its RCV to $350,000.

But if comparable properties in the same area are selling for $700,000, and there are no signs of functional or economic obsolescence, the broad evidence rule may justify an ACV closer to that $700,000 market value.

Let’s consider a property with the following valuation inputs:

ACV = (Depreciated RCV × 50%) + (Market Value × 40%) + (Income Value × 10%)

ACV = ($350,000 × 0.50) + ($700,000 × 0.40) + ($600,000 × 0.10)

ACV = $175,000 + $280,000 + $60,000 = $515,000

= $515,000

This is $165,000 higher than the depreciated replacement cost of $350,000, due to the influence of market and income factors, which are appropriately weighted under the broad evidence rule.

Final Thoughts

Weighted totals are not rigid formulas, they are reasoned conclusions supported by:

Market conditions
Policy language
Case law in your jurisdiction
Experience and professional judgment

In states that follow the broad evidence rule, understanding it allows you to clearly justify how you arrived at a particular ACV and adds credibility to your valuation, especially in contentious or litigated claims. Mastering the proper application of this rule, including the use of weighted factors, is an advanced skill that adjusters should develop to ensure they are delivering fair, defensible, and optimal outcomes for their clients.

Brian Evans is the CEO of Eastern Public LLC, a leading insurance claims and risk management firm based in New York City. A recognized authority in the field, Brian is a court-certified expert witness and a court-appointed insurance appraisal umpire. He also serves as an officer of the National Association of Public Insurance Adjusters and as Vice President of the New York Public Adjusters Association. For more information visit www.EasternPublic.com

Can the Rebuilding Begin Yet? A Timeline for LA Fire Victims and the Looming Crisis Ahead

Mon, 09 Jun 2025 11:46:54 GMT

Steps Homeowners Can Take Immediately and Plan for Later

Reports show over 16,000 structures were destroyed across Los Angeles County in the January 2025 fires. The scale of destruction has become one of the most expensive disasters in U.S. history. The UCLA Anderson School estimates total ‘property and capital’ losses between $76 and $131 billion, while the Los Angeles Economic Development Corporation (LAEDC) places direct property damage alone at $28 to $53.8 billion.

Thousands of property owners are now locked in exhausting battles with their insurers, fighting to secure full and fair compensation for their losses. But that’s only part of the struggle. Across Los Angeles, hundreds of homeowners have submitted plans for new construction or repairs—yet few have received the approvals needed to begin rebuilding.

Amid overwhelming loss and the chaos of sudden displacement, those seeking to restore their homes must navigate a maze of bureaucratic and regulatory hurdles. For many, the road to recovery will take years.

Understanding how to effectively manage both the insurance and permitting processes is critical—and in most cases, working with a professional public adjuster offers the best chance of securing timely and favorable results.

Still, there are looming uncertainties. The compounding effects of inflation, driven in part by tariffs, and potential labor shortages caused by federal immigration crackdowns, threaten to drive up the cost and delay the delivery of materials and labor needed to rebuild the thousands of destroyed structures.

As a recent article from León Krause of The Washington Post makes clear , immigrants will be the ones doing the rebuilding. According to Krause’s investigation, immigrants make up 43% of the construction workforce in LA. Nationwide, 31% of construction workers are foreign-born, approximately 23% of whom are undocumented. Immigrants are not only putting roofs over the heads of those living in LA and across the United States, but they are heavily relied upon in the manufacturing and delivery of many of the goods and materials used in building construction. Among all foreign-born workers, 15.5% work in production, transportation, and material-moving occupations.

Determining how—and what—to settle claims for today on properties that can’t be rebuilt for months or even years under these circumstances is a monumental challenge. When disasters strike, like the wildfires in CA, navigating the insurance claim is only the first hurdle. Another significant challenge is navigating regulatory hurdles.

In Los Angeles, rebuilding is anything but simple. Property owners must juggle complex zoning and land-use restrictions, environmental reviews, permitting delays, and utility restoration. Managing this process end-to-end requires time, expertise, and persistence, making the guidance of a qualified team including a public adjuster not just helpful, but essential.

Some phases can be tackled concurrently, but many must follow a strict sequence. Managing these issues effectively can both add to or reduce the timeline for recovery by months or even years.

Steps to take in Parallel

Insurance and Financial Preparation

The first step is securing the funds to rebuild. Fortunately, this can be done while other processes are underway. Settling your insurance claim, selecting a contractor, and preparing reconstruction documents can, and should, happen early. And you’ll need these in hand to support permitting and planning submissions.

For this reason, it’s advisable to hire a professional public adjuster as early in the claims process as possible. With their guidance, you’ll resolve your insurance claim as quickly and as fairly as possible. The public adjuster will also have the resources and experience needed to navigate issues with contractors, design professionals, and local municipalities.

Zoning and Land Use

If you’re rebuilding on the same footprint and within existing zoning guidelines, much of the zoning compliance process can occur in parallel with permit preparation. However, if your project requires a variance or a hearing (say, due to updated codes or expansion plans), this step becomes a critical prerequisite.

Coastal Permits (If Applicable)

If your property falls within the coastal zone—like parts of Malibu, Topanga, or the Palisades—you’ll also need a Coastal Development Permit. While this process can often run alongside CEQA or zoning reviews, it typically must be completed before the city issues a final building permit.

What Must Happen Sequentially

CEQA Environmental Review

The California Environmental Quality Act (CEQA) review is one of the biggest roadblocks. If your property lies in a sensitive ecological zone, or if your rebuild scope exceeds the previous structure, you may need an Environmental Impact Report (EIR). This process must be substantially complete before LADBS will greenlight construction. It’s a major delay trigger and a non-negotiable milestone.

Generally, property insurance pays for what you’ve lost, not what you put back. So if you alter the footprint or the structure design, you may need an EIR, and may want to consider the additional costs and time associated.

Building Permit Issuance

Permits through the Los Angeles Department of Building and Safety (LADBS) are dependent on clearances from CEQA, zoning, debris removal, and sometimes utilities. Even if your plans are ready, LADBS won’t issue permits until every other agency signs off.

Utility and Infrastructure Clearance

Utility restoration—power, water, gas, telecom—usually comes last. Utilities often won’t reconnect service until your rebuild passes certain inspections or infrastructure components (like poles or underground lines) are replaced. In some areas hit hard by wildfires, full restoration can take months after permits are issued.

Strategic Sequencing: What Works Best

The smartest approach is to initiate what you can early and in parallel:

Finalize insurance and scope documentation while architects draw plans.
Submit zoning and planning documents at the same time you start CEQA (if applicable).
If you're in a coastal zone, file that permit application immediately—it’s often a slow mover.
Start talking to LADBS and utility providers before you’re ready to build.

Bottom Line

The path to rebuilding after the January 2025 wildfires is long, complex, and fraught with obstacles that go far beyond physical reconstruction. From fighting for fair insurance settlements to navigating a labyrinth of zoning laws, environmental reviews, and permit backlogs—homeowners are being tested at every turn. Add to that the strain of economic uncertainty and workforce instability, and it becomes clear: this recovery will demand more than resilience—it will require strategy, support, and expert guidance. For those determined to restore what was lost and rebuild stronger, the key is to act early, stay informed, and surround yourself with professionals who know how to get it done.

Sources:

https://ignatiansolidarity.net/blog/2025/01/17/stitching-a-better-future-immigrant-labor-ethical-apparel-and-the-path-to-justice-in-los-angeles/
https://www.washingtonpost.com/opinions/2025/01/09/los-angeles-reconstruction-immigrants-deportation/
https://laedc.org/wpcms/wp-content/uploads/2025/02/LAEDC-2025-LA-Wildfires-Study.pdf
https://www.anderson.ucla.edu/about/centers/ucla-anderson-forecast/economic-impact-los-angeles-wildfires
https://www.bls.gov/news.release/pdf/forbrn.pdf?utm_source=chatgpt.com
https://www.fire.ca.gov/incidents/2025
https://apnews.com/article/california-wildfires-los-angeles-rebuild-home-construction-00b7bb360581616c2e6415f32db13e45
https://www.ladbs.org - Los Angeles Department of Building and Safety (LADBS) - For timelines on permit processing and plan checks.
https://opr.ca.gov/ceqa/ - California Environmental Quality Act (CEQA) Guidelines - Details environmental review requirements and timelines.
https://planning.lacity.org - Los Angeles City Planning Department - For zoning, land use, Specific Plan info, and historic preservation requirements.
https://coastal.ca.gov - California Coastal Commission - For projects in the coastal zone requiring coastal development permits.
https://www.ladwp.com - Los Angeles Department of Water and Power (LADWP) - Utility service timelines post-disaster.
https://www.insurance.ca.gov - California Department of Insurance - On common causes of delay due to insurance claim disputes.

80,000 Homes in the New York City Area may be Lost to Flooding in the next 15 Years

liza@easternpublic.com (Brian Evans) — Sat, 07 Jun 2025 18:57:40 GMT

A powerful new report from the Regional Plan Association (RPA) lays out a grim but necessary truth: our region's housing crisis and climate crisis are not separate problems—they are inextricably linked, and zoning is at the center of both.

At Eastern Public, we work on the front lines of disaster recovery. We see firsthand the toll of climate-driven floods, and we understand the growing disconnect between where people live and where it's safe to rebuild. As the RPA report highlights, outdated zoning laws across the tri-state area are not only failing to meet current housing demand but are actively pushing development into flood-prone areas. Unless we act, that failure will worsen. By 2040, more than 80,000 homes could be permanently lost to flooding in New York City and its suburbs, with that number potentially doubling by 2070.

Zoning laws today overwhelmingly favor single-family homes and exclude multifamily housing, particularly in suburbs where transit access and job opportunities are greatest. The National Zoning Atlas shows that 85% of residential land in the region is zoned for single-family homes only. In Long Island and Westchester, more than 90% of residential zones prohibit multifamily housing, even near rail stations ideal for smart, transit-oriented growth. This isn’t just a housing bottleneck—it’s a crisis in land use planning.

Meanwhile, climate risk is surging. Coastal and riverine flooding are accelerating, and much of the region's current and future housing stock lies directly in harm's way. According to RPA, 77,000 acres of residential-zoned land could be exposed to chronic flooding by 2040. Flood loss alone could erase 82,000 housing units in just 15 years. Yet our current zoning capacity only allows for about 580,000 new units region-wide—less than half of what will be needed to replace those lost and accommodate future population growth.

To meet the full projected need of 1.26 million additional housing units by 2040, we must rethink zoning with a new mandate: build smarter, denser, and safer. That means legalizing multifamily housing across more communities, reducing minimum lot sizes, and streamlining approvals for infill development near transit and job centers. It also means factoring flood exposure and climate resilience into every local and regional housing plan.

The RPA identifies four strategic land use categories based on smart growth potential and flood risk: Smart Growth Haven, Resilient Refuge, Adaptive Retreat, and Stable Support. Each demands different interventions—from expanding transit-oriented development to pursuing managed retreat where flood risk is highest. What unites them is the need for better alignment between zoning, housing production, and climate adaptation.

We cannot solve our housing crisis if we ignore climate risk. Nor can we build climate-resilient communities without creating enough housing in safe, connected places. The two are deeply interwoven, and solving one requires addressing the other.

At Eastern Public, we not only urge policymakers, planners, and property owners alike to treat this challenge with the urgency it demands, but we assist them to accomplish these goals. Zoning reform isn’t just a policy debate. It’s a matter of long-term safety, equity, and sustainability. Communities across our region are already facing difficult choices in the wake of rising floodwaters. The time to adapt is now—before more homes are lost, more people are displaced, and the gap between housing need and zoning capacity becomes insurmountable.

To learn more and read the full RPA report, visit rpa.org .

______

“Wait—I Can’t Sue for Bad Faith?”

Sat, 07 Jun 2025 14:38:05 GMT

NY Assembly Bill 6010-A Matters for Property Insurance Claims

Earlier this month, members of the New York Public Adjusters Association (NYPAA)—including Eastern Public CEO Brian Evans—traveled to Albany to meet with lawmakers in support of Assembly Bill 6010-A. Currently under committee review, the bill proposes critical amendments to New York’s Insurance Law aimed at curbing unfair claim settlement practices, a longstanding issue that continues to impact property owners across the state.

Introduced during the 2025–2026 legislative session, Assembly Bill 6010-A seeks to explicitly define bad faith conduct by insurance carriers and establish a private cause of action for policyholders. While most other states allow insureds to pursue legal remedies for wrongful denials or delays—including extra-contractual and punitive damages—New York offers no clear statutory path for recovery in cases of bad faith. As it stands, even when insurers act in bad faith, the only financial consequence is paying what they already owed under the policy—creating little incentive to resolve claims fairly or promptly.

This legal gap leaves policyholders—particularly in the wake of catastrophic losses—without the protections they need at a time when they are most vulnerable. Families, small businesses, and communities can face significant financial and emotional strain when forced into prolonged disputes simply to access the coverage they paid for.

During their meetings with legislators, NYPAA members shared first-hand accounts of policyholders navigating unnecessary delays, underpayments, and denials. Their message was clear: without meaningful accountability, bad faith conduct will continue unchecked. The passage of Bill 6010-A would not only establish legal recourse for unfair treatment, but also promote more responsible behavior from insurers and a more balanced claims process overall.

Many of the lawmakers seemed genuinely concerned about the issue and optimistic about the future of the bill. We discussed ways to support its passage and made plans to reconvene over the coming session to progress efforts to better protect New York policyholders with its passage.

As the bill progresses, advocates are working to build awareness and momentum for reform. Fair claims handling should not be a privilege—it should be a legal right.

To learn more about Assembly Bill 6010-A, understand its impact, and find out how you can support the effort, visit www.NewYorkBadFaith.com .

_______________

Brian Evans is CEO of Eastern Public LLC, a premiere public adjusting firm located in NYC assisting policyholders across the country. For more information visit EasternPublic.com .

The Picture That Pays: The Power of Visuals in High-Stakes Claims

Sat, 07 Jun 2025 13:32:08 GMT

Photo documentation plays a critical role in property insurance claims

Reporters often agonize over finding just the right wording to make an article land — much like I do when drafting a letter to a client or carrier, preparing an expert report for a jury, or writing a coverage argument to challenge a flawed denial.

But really, most of the time, it’s the image that is most memorable — from U.S. troops raising the flag on Iwo Jima, to the three firefighters hoisting the flag amid the ruins of the World Trade Center. These images don’t just capture moments. They define the emotional memory of an entire generation.

The Bonn Institute, a respected nonprofit in the field of journalism and media psychology, compiled 27 peer-reviewed studies in August 2023 from institutions like MIT and publications such as Cognitive Psychology . Their findings were interesting:

We process images in as little as 13 milliseconds.
Images trigger emotional responses faster and more powerfully than words.
Pictures are significantly more memorable than text, increasing the likelihood of engagement and recall.

When it comes to complex property losses, people don’t remember file numbers. They remember their experiences, and the often inescapable images of their disaster. They remember the soaked drywall collapsing in a luxury condo or the before-and-after aerial of a hurricane-wrecked factory. And most importantly, insurers, attorneys, and decision-makers remember them too.

But imagery alone is not enough. The ability to select, frame, and contextualize those images effectively comes from experience. At Eastern Public, we bring that experience to every case we touch. We don’t rely on guesswork, AI shortcuts, or flashy presentations. We rely on the hard-earned skill of having managed hundreds of claims and seen firsthand what moves the needle in high-stakes negotiations.

There are imitators in our space — firms that present themselves as experts but lack the depth of field-tested judgment that only comes from doing the real work. Knowing what images to capture and how to align them with messaging that drives results? That’s not something you learn in a webinar. It’s something you learn by getting your boots dirty and being accountable for outcomes.

So yes, the right words matter. But the right images, framed by the right hands, can mean the difference between a denied claim and a seven-figure settlement.

That’s what we do. That’s Eastern Public.

Visit us at EasternPublic.com to see how experience, expertise, and effective storytelling can move your recovery forward.

Insurance Companies Undervalue Personal Property Contents Claims; Here's What You Can Do

Tue, 11 Mar 2025 21:48:24 GMT

Lessons from Recent Cases

Two recently published stories offer critical insights for anyone navigating personal property insurance claims. These cases serve as cautionary tales for both policyholders and their representatives.

The Diverging Paths of Two Families After a Wildfire

A March 7, 2025, New York Times article recounts the experiences of two couples—the Ackermans and the Spaldings—who lived just a few hundred feet apart in Louisville, Colorado. Their homes, each three stories with four bedrooms and a finished basement, were destroyed in the December 30, 2021, wildfire that obliterated over 1,000 structures.

Both families turned to their insurers for help. But from there, their experiences could not have been more different:

• The Spaldings, insured by Safeco, received $311,810 for their lost belongings within seven weeks, after little more than a phone interview with the insurance carrier’s adjuster.

• The Ackermans, insured by State Farm, were offered only $131,275—and only after submitting a 50-page, itemized spreadsheet detailing everything they could remember. Their fight for fair compensation stretched on for years, ultimately resulting in payments totaling $850,000, still far short of the $1.1 million they spent replacing the property they lost.

A Louisiana Court Ruling: Insufficient Documentation = Denied Coverage

In the case of Albert Dunn et al. v. Allstate Insurance Co. ( CASE NO. 2:22-CV-00980 ), a February 21, 2025, ruling by the U.S. District Court for Louisiana upheld Allstate’s denial of depreciation reimbursement, bad faith penalties, additional living expenses, and other damages.

• Mr. Dunn submitted a $280,652.46 personal property claim—but without supporting documentation.

• Allstate challenged the valuation and initiated an appraisal, which concluded the claim was $120,000 overstated.

• In the end, Allstate paid only $160,157.96, significantly less than what was originally sought.

These cases underscore a critical truth: Policyholders must prove their losses, and insurers will often exploit gaps in documentation to minimize payouts.

The Fallout in California: Insurers Push Back on Fair Payouts

After 16,000 homes and structures were destroyed in January wildfires across Los Angeles, California Insurance Commissioner Ricardo Lara issued a February 6, 2025, notice urging insurers to pay 100% of personal property coverage limits without requiring itemized inventories.

Yet, many major insurers refused to comply , including:

❌ State Farm

❌ Allstate

❌ Liberty Mutual

❌ Travelers

❌ Cincinnati Insurance

❌ California FAIR Plan

State Farm, Allstate, and Liberty Mutual alone control 32% of California’s property insurance market. When combined with other insurers, the majority of policyholders in the state are left to prepare comprehensive inventories to receive fair payment for their losses.

What Policyholders Must Understand About Contents Claims

The harsh reality? Just submitting a list of lost or damaged items isn’t enough. Even detailed spreadsheets with estimated values are often dismissed as insufficient proof.

For total loss victims, recalling every item inside their home is emotionally and logistically overwhelming—yet insurers expect exhaustive documentation. Even many so-called “claims experts” fail their clients by not properly preparing contents claims resulting in underpayments.

How We Build Stronger Contents Claims at Eastern Public LLC

When handling contents claims for our clients, we take a forensic approach to documentation:

✅ Photo-Based Inventory: We gather as many pre-loss photos as possible, organize them by room, and extract individual items, hyperlinking them within our claim documents.

✅ Retailer & Financial Records: We cross-reference online purchase histories, bank statements, and credit card transactions to verify ownership.

✅ Logical Assumptions: Not every item can be documented—but we apply industry knowledge to infer likely property based on home size and lifestyle (e.g., garage tools, seasonal décor, kitchenware).

✅ Validation of High-Value Items: For items likely to be flagged by insurers, we source receipts, merchant records, or other third-party verification to support valuation.

✅ Market Research for Replacement Costs: Each item is researched individually to ensure we present accurate, defensible values for loss reimbursement.

This is just a fraction of what goes into a comprehensive personal property inventory. By leading this process, we relieve the burden on policyholders to ensure their settlements are paid fairly.

If you or your clients need expert guidance navigating a complex property claim, contact me:

�� 929.999.4674

�� www.EasternPublic.com | www.ArcherInventory.com

Cold Snap Freezes NYC

Thu, 09 Jan 2025 20:07:16 GMT

Below-freezing temperatures in the Northeast and NYC cause burst pipes, heating system failures, and other cold-related property damage

The recent freezing temperatures in the Northeast U.S. and New York City have brought challenges to residents and businesses alike, with plummeting temperatures causing burst pipes, heating system failures, and other cold-related property damage. Many buildings across the city are grappling with property damage and managing recovery efforts without the experience or resources needed to effectively navigate the process.

These situations should serve as a reminder that Eastern Public LLC is here to help NYC property owners and businesses following severe property damage and loss. We assist by providing unparalleled expertise and the hands-on daily attention to recovery of your business or home that is required to minimize disruption, mitigate your loss, and ensure a full recovery.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New York, New Jersey, Pennsylvania, Connecticut, Massachusetts, Vermont, Maine, Rhode Island, DC, Maryland, North Carolina, South Carolina, Kentucky, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

New York City Water Main Flooding

Tue, 07 Jan 2025 20:01:06 GMT

Flooding results in business interruption and damage to housing

Recent water main breaks across New York City have caused significant flooding and widespread property damage, affecting both residential and commercial properties. These incidents have disrupted daily life, inundated basements and ground floors, and caused structural and electrical complications for countless buildings. In some cases, the flooding has led to extensive business interruptions, further complicating recovery efforts for property owners and tenants alike.

As infrastructure ages, such incidents highlight the challenges posed by unexpected water damage and the long-term impacts it can have on properties. Knowledgeable oversight of emergency response and cleanup efforts, proper documentation, and thorough coordination with all affected parties, city agencies, and insurers will be critical first steps for property owners looking to address the aftermath effectively. We encourage all affected individuals to stay informed of ongoing city efforts to repair damaged infrastructure and to be proactive to ensure their safety and recovery.

Herald Square Holiday and Christmas Market Fire

Mon, 30 Dec 2024 20:14:09 GMT

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The recent fire at the Herald Square Holiday Market in New York City has caused significant disruption and loss for local vendors and business owners. This unfortunate incident has not only destroyed valuable merchandise and property but has also impacted the livelihoods of small business owners during one of the busiest shopping seasons of the year. The video below discusses more about the fire and serves as a stark reminder of the risks associated with high-density retail spaces, particularly during the holiday season.

Eastern Public, LLC is actively supporting several vendors and business owners impacted by this event. Our efforts are focused on expediting their recovery by thoroughly assessing liabilities, identifying subrogation opportunities, evaluating damages, documenting losses, and collaborating with insurers and local authorities. As the community begins the rebuilding process, the resilience of New York City’s small business community continues to inspire us. We are honored to stand by New Yorkers, offering our expertise whenever disasters strike.

Eastern Public CEO Brian Evans Presents at the 2024 First Party Claims Conference in Boston

Tue, 10 Dec 2024 22:07:41 GMT

Topics covered include advancements in appraisal and emerging technologies to enhance underwriting and claims handling

The First Party Claims Conference (FPCC) gathers leaders from across the first-party claims industry and the country for education, networking, and collaborative problem-solving. This year, Eastern Public CEO Brian Evans delivered a highly attended lecture on current developments in the claims industry.

Brian’s talk covered a wide range of topics, including advancements in the appraisal process and how insurance carriers are leveraging emerging technologies to enhance underwriting and claims handling. His insights provided valuable perspectives for professionals navigating the evolving landscape of property insurance claims.

“It was truly an honor to present to such a distinguished group of industry professionals ," Evans said. " It was an amazing conference and I believe a lot of people came away from the event more knowledgeable and better at what they do . ”

Navigating the Aftermath of Hurricane Helene

Mon, 30 Sep 2024 14:27:53 GMT

A Message from Brian Evans, CEO of Eastern Public LLC

In the aftermath of Hurricane Helene, property owners across the region are facing the daunting task of navigating recovery. The internet is flooded with questions from people looking for information, seeking help, and wondering how to rebuild their lives. At Eastern Public LLC , we understand the uncertainty that comes in the wake of such a disaster, and we are here to offer expert guidance through each challenge.

When Hurricane Helene was still approaching, many turned to the web for live updates on the storm’s path. Knowing where and when the hurricane would hit was critical for property owners who needed to prepare. While following storm tracking can help you secure your home or business, it’s just the beginning of the journey. At Eastern Public, we help you take the next steps, documenting any pre-storm conditions, so that when the damage is done, there’s a clear baseline to compare against.

As the hurricane drew closer, evacuation orders began. People scrambled to find the safest routes and nearby shelters, leaving behind their homes and businesses. Once the immediate danger passed, many property owners returned to find the aftermath of destruction. Whether you evacuated or stayed, you might now face damage that seems overwhelming. This is where we come in. Our team is prepared to step in and assess the full extent of the damage, ensuring every detail is accounted for in your insurance claim.

Even as the storm passed, its effects lingered in the form of flooding, wind damage, and power outages. People searched for forecasts to predict when it would be safe to return home, and when their power might be restored. At the same time, many were also wondering how to start the insurance process. This is one of the areas where we excel. We not only assess the visible damage but look deeper, evaluating hidden impacts such as water damage or mold that could lead to future problems if not addressed properly.

For many, the aftermath of the storm includes navigating complex insurance policies and filing claims. This is often where property owners feel the most lost. The fine print of an insurance policy can be confusing, and missing even small details can cost you significantly in your recovery. At Eastern Public, we handle the entire claims process from start to finish, making sure every bit of damage is properly documented, and every possible loss is included in your settlement. We don’t just file claims – we negotiate with the insurance company to maximize what you’re entitled to, ensuring you’re not left undercompensated.

In addition to insurance, many people affected by Hurricane Helene are searching for financial assistance and recovery resources from FEMA and other organizations. These programs can be lifesavers, but they can also be tricky to navigate. We guide our clients not just through their insurance claims, but also through any available disaster recovery resources, making sure they’re fully supported in their efforts to rebuild.

And, of course, the stress of facing a disaster doesn’t stop with property damage. The emotional toll is very real. The internet is full of searches for mental health support, as people struggle to cope with the trauma of the storm. While we’re not mental health professionals, we do everything we can to lighten your load. By taking over the complex and often stressful insurance process, we free you up to focus on your personal and emotional recovery.

Finally, in times of crisis, communities come together. People are also searching for ways to help each other, through donations or volunteering. We believe in the power of community too. By helping you get the best possible settlement from your insurance company, we hope to play a part in helping you recover more quickly, allowing you to support your own family, neighbors, and friends as they work through the aftermath of Hurricane Helene.

At Eastern Public , we’re not just here to help you file paperwork. We’re here to be your partner in recovery, guiding you through each step, making sure no detail is overlooked, and fighting for the compensation you deserve. The road ahead may seem long, but with the right support, you can rebuild and move forward. Let us help you navigate the path to recovery.

Together, we can rebuild stronger.

Insights from the 2024 New York Public Adjusters Association Annual Conference

liza@easternpublic.com (Brian Evans) — Sun, 15 Sep 2024 23:45:47 GMT

The 2024 Annual Conference brought together professionals from the insurance claims and public adjusting fields for two days of knowledge sharing, certification, and networking. Held on September 12-13, the conference featured a mix of educational sessions, certification opportunities, and industry updates.

The conference kicked off at TWA hotel and events center with a certification for appraisers and umpires, a valuable credential for professionals in the claims adjustment field.

Robert Norton, CPCU, AIC of General Adjusting Services, and Jonathan Wilkofsky, Esq. of Wilkofsky, Friedman, Karel & Cummins and general counsel for the Insurance Appraisal and Umpire Association , led the "Appraiser & Umpire Certification Course Prep." This session provided attendees with essential preparatory knowledge ahead of the formal certification course. Norton and Wilkofsky shared their expertise, preparing participants for the complex scenarios they may face as certified professionals in their respective fields.

The course provided a deep dive into practical and legal issues appraisers and umpires encounter in claims. This training served as a guide for those looking to further their professional qualifications and understanding of the appraisal process. After a brief break, participants had the option to take the certification exam, a significant step toward advancing their careers as insurance appraisers and umpires.

The day wrapped up with a reception at the Sunken Lounge , generously sponsored by ALE Pro Insurance Logistics . Attendees enjoyed a lively hour of networking, refreshments, and industry discussions, setting the tone for the next day’s events.

The second day of the conference took place at the 1962 Ballroom, starting early with breakfast and a robust lineup of educational presentations and discussions.

Johnathan Lerner, Esq. of Lerner, Arnold & Winston, LLP , led a session titled "Insurable Interests: Navigating the Condo/Co-op and Landlord/Tenant Landscape." Lerner’s insights were particularly valuable for adjusters working in urban markets with intricate property arrangements.

Katherine Barone and Jodie Papa from National Fire Adjustment Co., Inc. tackled challenging claims issues in "Advanced Claims Issues: Exploring Broad Evidence, Standard Fire Policy, and Moderation Covered Issues," focusing on the nuances of the Standard Fire Policy and broad evidence doctrine. Their session provided practical advice for their uses and addressed how they can affect the property claims process.

The event gave way for brief presentations from the events generous sponsors including Archer Inventory , Total Restoration Inc. , Wilkofsky, Friedman, Karel & Cummins , ALE Pro , Lerner, Arnold and Winston, LLP , We Dry USA , Merlin Law Group , American Dry Cleaners , Strongwater Restoration and Kangaroo Packouts .

Later in the morning, Matt Grossbard from Contango IT took the stage to demystify cyber insurance. As cyber threats continue to rise, understanding the coverage nuances of these policies is critical for professionals across the industry. Grossbard’s session covered a broad range of issues and provided strategies, tools, information to help educate attendees on the ways they can protect their clients and businesses from cybercrimes.

During a working lunch, Jonathan Wilkofsky, Esq., provided an important ethics update for public adjusters in his session "Ethics Update for Public Adjusters," reinforcing best practices and ethical standards that adjusters must adhere to in an increasingly complex claims landscape. It covered changes to the NY Regulation 10, requirements for PA contracts, legal solicitation practices, and more.

One of the most anticipated sessions was with Dennis Artese, Esq . and Grant Brown, Esq . from Anderson Kill , P.C., and Ronald Papa, SPPA of National Fire Adjustment Co., Inc ., discussing real-world case studies on claim adjustments and coverage issues following back-to-back hurricanes that affected a large complex of buildings. This provided invaluable lessons for attendees who manage large-scale disaster claims and insight into advance claims handling challenges and procedures.

The NYPAA also introduced www.NewYorkBadFaith.com , a dedicated platform aimed at gathering stories from victims of insurance carrier bad faith in New York. The website will also serve as a fundraising tool to support lobbying efforts for establishing a private cause of action for consumers impacted by bad faith practices.

The conference concluded with closing remarks, highlighting the significant growth of NYPAA and the organization’s continued efforts to support the professional development of New York public adjusters. The event reaffirmed NYPAA’s commitment to keeping members informed about industry trends and legislative developments.

This year’s conference was a success, offering attendees a blend of practical training, critical industry updates, and opportunities for professional growth and networking. There were many new supporters and return attendees making this year’s 2024 NYPAA Annual Conference the most well attended in the association's history. Whether earning certification or gaining new insights into claims management and coverage, participants walked away better equipped to navigate the challenges of the evolving insurance claims landscape.

As a leader in the public adjustment claims industry, and premiere provider of claims management services in New York City and beyond, Eastern Public, LLC was proud to have all our public adjusters attend this year's event. Taking advantage of the ongoing education and benefits provided through the New York Public Adjusters Association are just one of the ways that we ensure our adjusters remain the most knowledgeable and reliable in the industry. Contact us today to learn more about the ways that we can help you and your clients.

Avoiding Mistakes in Commercial Claims

Fri, 14 Jun 2024 11:30:00 GMT

Hiring a good Public Adjuster prevents common missteps in commercial claims

Even the most sophisticated property owners are typically not adequately prepared to successfully navigate the property claims process without professional help. The ever-changing landscape of property claims, and the expertise required to expedite fair settlement awards often leaves property owners under-resourced when claims occur. Hiring a professional public adjuster as soon as possible after an event occurs is typically the best way to ensure a positive outcome to your claim. Absent professional representation, there are some key mistakes to avoid in the commercial property claims process:

Delaying Notification : Promptly report the damage to your insurance company to avoid potential complications or coverage issues.

Failure to Mitigate Further Damage : Take reasonable steps to mitigate further damage to your property after the incident, as failing to do so could impact your claim.

Incomplete Documentation : Thoroughly document the damage with photographs or videos and gather all relevant information, including dates, locations, and witness contacts.

Miscommunication : Maintain clear and consistent communication with your insurance company, providing accurate information and promptly responding to inquiries.

Not Reviewing the Policy : Familiarize yourself with your insurance policy to understand coverage limits, exclusions, and deductible requirements, preventing misunderstandings during the claims process.

Neglecting Follow-Up : Stay engaged throughout the claims process, following up with your insurance company as needed and ensuring that your claim progresses efficiently.

Accepting Inadequate Settlements: Review settlement offers carefully to ensure they adequately cover the damage to your commercial property. Don't hesitate to negotiate or seek professional claims or legal advice if necessary.

By avoiding these mistakes and remaining proactive throughout the commercial property claims process, you can increase the likelihood of a successful resolution. The best way to ensure you receive fair compensation for the damage to your property is by hiring a professional public adjuster.

Public Adjusters for Property Managers

Wed, 12 Jun 2024 21:05:50 GMT

A good Public Adjuster provides valuable insight and elevates the client experience

Public Adjusters play a valuable role for property managers and developers by assisting them with insurance claims related to property damage or loss. There are several ways in which public adjusters can help property managers and developers:

Navigation through the Claims Process : Insurance claims can be complex and time-consuming, involving extensive paperwork, documentation, and negotiations with insurance companies. Public adjusters have in-depth knowledge of insurance policies, law, and claims procedures, allowing them to navigate the claims process efficiently on behalf of property managers and developers.

Expert Damage Assessment : Public adjusters conduct thorough assessments of property damage, utilizing their expertise to accurately document the scope and extent of losses often identifying repairs that are required but overlooked. This includes identifying both visible and hidden damage, as well as assessing the impact of the damage on the property's value and functionality.

Policy Interpretation : Insurance policies can contain complex language and provisions that may be difficult for property managers and developers to accurately interpret. Public adjusters undergo continuous expert training to understand insurance policies, ensuring their clients are aware of their obligations as well as rights and entitlements under their insurance coverage.

Negotiation with Insurers : Public adjusters act as advocates for property managers and developers during negotiations with insurance companies. They leverage their knowledge of insurance claims processes and industry standards to advocate for fair settlements and favorable outcomes.

Peace of Mind: Dealing with property damage can be stressful and overwhelming for property managers and developers. Public adjusters relieve this burden by handling all aspects of the insurance claims process, allowing property managers and developers to focus on other priorities.

Overall, public adjusters serve as valuable partners for property managers and developers, helping them navigate the complexities of insurance claims and ensure that they receive fair compensation for property damage or loss.

Earth Movement Exclusion in Property Insurance Policies

Fri, 05 Apr 2024 15:15:22 GMT

Navigating Earthquake Damage Coverage

Property insurance is a vital safeguard for homeowners and businesses alike, offering protection against various risks such as fire, theft, and natural disasters. However, when it comes to coverage for damages caused by earthquakes, many policyholders may find themselves facing uncertainties due to the Earth Movement Exclusion clause commonly found in standard insurance policies. Let’s explore what this exclusion entails, its implications for earthquake damage coverage, and how policyholders can navigate these complexities.

What is the Earth Movement Exclusion?

The Earth Movement Exclusion is a standard provision in property insurance policies that absolves the insurer from covering damages resulting from certain earth movements. These movements typically include earthquakes, landslides, mudslides, and sinkholes. While policies vary, the exclusion generally applies to both direct and indirect damages caused by such events.

Understanding Earthquake Damage Coverage

Earthquakes are among the most devastating natural disasters, capable of causing widespread destruction to buildings, infrastructure, and personal property. Given their unpredictable nature and potential for catastrophic damage, insuring against earthquakes is crucial for individuals residing in seismically active regions.

However, obtaining adequate earthquake coverage requires careful consideration due to the Earth Movement Exclusion. While some insurance providers offer standalone earthquake insurance policies, others may offer endorsements or riders to supplement standard property insurance policies.

Navigating Coverage Options

Standalone Earthquake Insurance: Standalone earthquake insurance policies provide comprehensive coverage specifically tailored to protect against earthquake-related damages. These policies typically cover structural damage to buildings, personal property loss, and additional living expenses incurred due to displacement.
Endorsements or Riders: Policyholders can enhance their existing property insurance coverage by adding earthquake endorsements or riders. These additions extend coverage to include damages caused by earthquakes, effectively bypassing the Earth Movement Exclusion.
Understanding Policy Limitations: It's essential for policyholders to review their insurance policies carefully to understand the extent of coverage and any limitations associated with earthquake-related damages. This includes assessing deductibles, coverage limits, and exclusions specific to earthquake events. Professional consultation with a professional public adjuster or insurance litigation attorney is usually advisable.

Ensuing Loss Coverage

While the Earth Movement Exclusion in a standard insurance policy may deny coverage for damages directly caused by earth movements such as earthquakes, ensuing loss coverage can offer protection for subsequent damages that occur as a result of the excluded peril. Understanding the interplay between these provisions is crucial for policyholders to assess their coverage needs comprehensively and mitigate potential risks effectively.

Ensuing loss coverage can affect the earth movement exclusion contained in most insurance policies.

Earth Movement Exclusion: The Earth Movement Exclusion specifically states that damages resulting from earth movements, including earthquakes, are not covered under the policy. This means that if a property sustains damage directly caused by an earthquake, such as structural cracks or collapse, the insurer would typically deny coverage for these damages based on the exclusion.
Ensuant Loss Coverage: Ensuant loss coverage, on the other hand, addresses the damages that occur as a consequence or result of an excluded peril, such as earth movement. While the initial cause of the damage (earthquake) is excluded from coverage, ensuing loss coverage may provide coverage for subsequent damages that were not directly caused by the excluded peril itself.
Example Scenario: Let's consider a scenario where an earthquake occurs, triggering a fire that damages a home. Since earthquake damage is excluded under the Earth Movement Exclusion, the insurer may deny coverage for the direct damages caused by the earthquake, such as cracks in the foundation. However, ensuing loss coverage may apply to cover the damages resulting from the fire itself, such as structural and personal property damage.
Limitations and Conditions: It's important to note that ensuing loss coverage typically comes with limitations and conditions. For instance, the policy may require that the ensuing loss be a direct result of the excluded peril, and it may exclude coverage for certain types of ensuing damages. Additionally, the extent of coverage provided by ensuing loss coverage may vary depending on the specific policy language and endorsements.
Reviewing Policy Language: Policyholders should carefully review their insurance policies with a professional public adjuster or insurance litigation attorney to understand the scope of ensuing loss coverage and any applicable exclusions or limitations. It's also advisable to consult with an insurance agent or legal professional to clarify any ambiguities and ensure adequate coverage for potential ensuing losses resulting from excluded perils like earth movement.

The Earth Movement Exclusion in standard property insurance policies poses challenges for individuals seeking coverage against earthquake damages. Understanding the implications of this exclusion and exploring alternative coverage options such as standalone earthquake insurance or endorsements can help mitigate risks effectively. By navigating these complexities and prioritizing risk management strategies, homeowners and businesses can better protect themselves against the uncertainties of seismic events.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Navigating Homeowners Insurance Costs

Thu, 01 Feb 2024 20:07:17 GMT

A Public Adjuster's Insights on Homeowners Insurance Costs

In recent years, homeowners across the United States have seen a steady increase in the cost of homeowners insurance, surpassing the rate of inflation from 2000 to 2020. This revelation comes from a comprehensive research brief by the Insurance Research Council (IRC) , shedding light on the dynamics of homeowners insurance affordability and the impact of catastrophic events on costs. As a public adjuster dedicated to assisting homeowners and businesses in navigating insurance claims, it is crucial to understand these trends and the factors influencing the affordability and availability of coverage.

The Landscape of Homeowners Insurance Costs

The IRC's research indicates that the average homeowners insurance expenditure in the United States was $1,311 in 2020, while the median household income stood at $68,010 for the same year. This means that, on average, households spent approximately 1.92 percent of their income on homeowners insurance. However, these figures vary significantly from state to state, with Utah being the most affordable state, where households spent only 0.92 percent of their income on insurance. On the flip side, Louisiana ranked as the least affordable state, with homeowners shelling out 3.84 percent of their income for coverage.

Understanding Affordability Challenges in Homeowners Insurance

The disparity in affordability is not arbitrary. Catastrophic events, such as hurricanes and other natural disasters, play a substantial role in states where homeowners insurance is least affordable. Louisiana, Florida, Oklahoma, Mississippi, and Alabama, topping the list, have experienced higher costs due to obstacles like fraud, excessive claims, and legal system abuse following such events.

Insight into Cost Drivers in Homeowners Insurance

Insurers are facing significant challenges in maintaining affordability and availability, with some areas witnessing a crisis in both aspects. Fraudulent claims, excessive litigation, and market withdrawals by insurers contribute to the rising costs and reduced availability of coverage. As a public adjuster, recognizing these cost drivers is essential to helping homeowners navigate the complexities of insurance claims.

Opportunities for Improvement in Homeowners Insurance

The IRC research brief emphasizes the importance of examining trends in cost drivers to identify opportunities for enhancing both affordability and availability for consumers. Public adjusters can play a crucial role in this process by advocating for fair and reasonable claims settlements, addressing fraud concerns, and working towards a more transparent and efficient claims process.

Another Role for Public Adjusters in Protecting Homeowners

The rising costs of homeowners insurance demand attention and action from all stakeholders involved. Public adjusters, in particular, can serve as advocates for homeowners, guiding them through the claims process and working towards fair settlements. By understanding the trends outlined in the IRC research, public adjusters can contribute to the broader conversation on improving the affordability and availability of homeowners insurance, ensuring that homeowners are adequately protected in the face of unforeseen events.

As always, reach out to us at 929.999.4674 or email us at info@EasternPublic.com for help navigating property insurance claims.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Leveraging Underinsured and Uninsured Casualty Losses: A Guide for Policyholders

Thu, 01 Feb 2024 19:53:03 GMT

When disaster strikes and property is damaged or destroyed, navigating the aftermath can be daunting for any policyholder. Far too often property is under or uninsured. In these cases, it’s important for property owners to understand what resources are available to them to address their financial losses.

What Is a Casualty Loss?

Casualty loss, in the realm of insurance and taxes, refers to the unexpected and sudden damage or destruction of property. To qualify as a casualty loss, the event must be unforeseen, sudden, and accidental. Typically, these types of losses will be paid for through property insurance policies which are purchased for that particular property. However, if someone sustains an under-or-uninsured loss, understanding when and how those losses can be claimed as loss of income for tax purposes may be their only financial recourse to recover that loss.

Casualty Loss on Rental Property Explained

Defined by Section 165 of the United States Code under Title 26 A, casualty loss comes with specific requirements outlined by the Internal Revenue Service (IRS). Three types of IRS casualty losses exist: federal, disaster, and qualified disaster losses. Federal loss applies to property in a state receiving a federal disaster declaration with subsequent damage.

Examples of Qualified Disaster Loss

See IRS.gov/DisasterTaxRelief for date-specific declarations associated with these disasters and for more information.

Limitation on Personal Casualty and Theft Losses (the "$100 and 10% rules")

Personal casualty and theft losses of an individual, sustained in a tax year beginning after 2017, are deductible only to the extent that the losses are attributable to a federally declared disaster. Personal casualty and theft losses attributable to a federally declared disaster are subject to the $100 per casualty and 10% of your adjusted gross income (AGI) reductions unless they are attributable to a qualified disaster loss. Personal casualty and theft losses attributable to a qualified disaster loss are not subject to the 10% of the AGI reduction and the $100 reduction is increased to $500. An exception to the rule above, limiting the personal casualty and theft loss deduction to losses attributable to a federally declared disaster, applies if you have personal casualty gains for the tax year.

How to Claim a Casualty Loss as a Tax Deduction

Claiming a casualty loss involves specific steps and adherence to IRS rules:

Tax Deduction:
Report losses on IRS Form 4684.
Claim losses as itemized deductions on Schedule A (Form 1040).
Fill out Form 1040-X for refund determination.
Adhere to the $100 and 10% rules set by the IRS.
Calculation:

Determine the amount of casualty loss.
Deduct $100 from each amount, add the resulting values.
Calculate adjusted gross income (AGI).
Deduct 10% of AGI from the total loss for the final deduction amount.

Points to Remember:

Deductions should comply with the $100 and 10% rules.
Qualified disaster losses have a $500 deduction and are exempt from the 10% rule.
Multiple property owners can file separately, but joint filers should deduct the loss for one person.

Limitations

IRS casualty loss deductions face specific limitations:

Damage from non-federal disasters is subject to maximum insurance coverage.
No deduction if the net loss is less than 10% of AGI.
Recovered deductible losses should be included as income in the recovery year.

Frequently Asked Questions (FAQs) about Casualty Losses

Are insurance proceeds from a casualty loss taxable?

No, insurance proceeds are generally not taxable as they are not considered income.

Are casualty losses deductible?

Yes, but the casualty must be sudden, unforeseen, and not fully covered by insurance.

How to claim a casualty loss on taxes?

Report losses on Form 4684, file Form 1040, and follow deduction rules.

Understanding IRS tax rules following a casualty loss can be essential for policyholders navigating the aftermath of these unexpected events. By following the correct procedures and rules, taxpayers can maximize their benefits, especially when insurance coverage falls short. For more information on IRS tax rules and application for deductible losses, see IRS Publication 547 (2022), Casualties, Disasters, and Thefts or consult with a qualified tax attorney and accountant.

As always, reach out to us at 929.999.4674 or email us at info@EasternPublic.com for help navigating property insurance claims.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Ghost of Christmas Past – Pipe Freezes

Mon, 16 Jan 2023 15:18:43 GMT

Frozen pipes can result in disaster, but they don’t have to. Moving quickly with knowledgeable guidance can prevent problems from occurring and mitigate the damages when they do.

BEFORE FREEZING TEMPERATURES

Building design professionals will typically ensure that water supplies and drains are constructed away from exterior walls to prevent freezing. However, in some circumstances, particularly in older homes or buildings, supplies and drains could be in places that you would not expect or ideally want.

The first step in understanding how to prevent frozen pipes in your property is to determine where those pipes are that are most at risk. If you aren’t sure, hire a plumber or licensed general contractor to help you source the locations of any pipes that may be problematic in extreme cold weather conditions.

A knowledgeable general contractor can also help inspect your property to determine if there are any construction defects that could unexpectedly create vulnerabilities in the property. Once you’ve identified any areas of concern, you can begin planning how to best deal with them to prevent a freeze. The appropriate engineering solutions will depend on the situation and location of the area that you are looking to protect.

Other preventative measures:

Add a secondary source of heat safe for indoor use to any areas where supplies or drains may be vulnerable to freezing.
Close any doors in rooms where it will help maintain warmer temperatures in those vulnerable areas.
Leave open kitchen and bathroom cabinet doors that contain plumbing drains and supplies if they are vulnerable to freezing.
Turn faucets on so they very lightly drip if they are vulnerable to freezing.
If you're away from home for several days, set your thermostat to at least 55 degrees to keep interior plumbing warm enough to prevent freezing.

WHEN A PIPE IS AFFECTED

If you have discovered a pipe has frozen, you must move quickly to prevent damage. In older construction, you’ll generally have copper pipes that are soldered together to bring water to the sinks, toilets, and sometimes radiators. Those older buildings can also have cast iron drains. In newer construction, plastic piping commonly called PEX tubing is used to supply water to the fixtures in lieu of copper, and drains are constructed of plastic PVC piping. While the PEX tubing and PVC are both more resilient to freezing than their predecessors, all can fail in the event of a freeze. To understand how to respond, it’s best to understand what is occurring that causes the damage in the first place.

A frozen pipe is not necessarily a problem on its own. Water pipes are designed to expand and contract to a certain degree, and most water supply and drain pipes will typically not be damaged by freezing alone. The problem occurs when fluids within a pipe freeze, because as the fluid freezes, it expands in place. If this expansion is greater than the pipe can withstand, the sides of the pipe may splinter and crack. Once the fluids thaw, the liquid will escape through those splinters and cracks created by the freeze, as will the fluids the frozen portion of the pipe was holding back. This often results in large amounts of water being released onto the property.

If you find that a pipe has frozen, generally evidenced by a lack of water flow or stoppage, a few steps can help resolve the issue without causing damage.

Locate any shut off valves before the frozen portion of any water supply line and turn the valve off. If pipes are frozen in multiple areas, turning off multiple shut off valves or the main water supply for the property may be required.
If part of a baseboard or hot water heating system has frozen, it can become an emergency because failures in that system can require you to turn off the heat supply. If you must turn off the main water supply or the heating system is frozen, call a plumber immediately.
Once you have turned off the water supply to the affected area(s), turn on the taps to any fixtures located after the frozen supply line. This will release some of the water pressure on the supply line by allowing some of the unfrozen fluid to escape as the pipes thaw.
Then inspect the frozen portion(s) of the pipes. If no cracks or splintering are visible, you can safely add a secondary source of heat, safe for indoor use, to begin thawing that portion of piping.
If cracks or splintering is visible, the entire water system should be drained before any heat is added to thaw the pipes.
Additionally, measures should be taken to clean up and extract any water that is released from the pipes after they are thawed. If the system has been drained, the water cleanup will generally be manageable with wet/dry vac, towels, mops, and general personal protective equipment like rubber gloves and safety goggles.
If drains have frozen, the fluid contained within them is likely hazardous and should not be handled by untrained personnel. Attempt to thaw frozen drains only if you can confirm they do not have any visible cracks or fractures. Drains can be safely thawed, if not damaged, with the use of a secondary heat source safe for indoor use.

AFTER A FROZEN PIPE

After following these steps, and/or if the pipes have frozen and you have sustained any serious water damage:

Seek safe shelter.
Contact a qualified public adjuster like Eastern Public and/or an emergency mitigation contractor.
The PA will help provide the resources and guidance needed to manage your recovery effectively.
The emergency mitigation contractor will be prepared to clean up and dry out the property in emergency conditions.
Notify your insurance carrier of the occurrence once you’ve consulted with your public adjuster and/or insurance agent/broker.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

A Consumer's Guide to Recovery from Water Damage

Sat, 24 Dec 2022 19:41:39 GMT

4 Steps to Mitigate Damage and Begin Recovery of Your Property

These recommendations are intended to provide guidance in the event of a serious water damage due to frozen or broken pipes, water overflows or flooding, including the immediate first steps you need to take to mitigate your damage and begin the recovery of your property.

Water affects buildings and building systems differently based on a myriad of factors. A single-family wood-framed dwelling that is exposed to 500 gallons of water is affected much differently than a modern 40-story multi-unit building may be.

The guidelines provided here are intended to be used as a resource for consumers immediately after a severe water damage has occurred. Whenever possible, always consult with a qualified Public Adjuster and/or a licensed mitigation contractor regarding your specific property damage. These recommendations are not a substitute for physical inspection by an industry professional.

Step 1: Life Safety

Water damage poses unique risks to life safety both in a short- and long-term capacity. When a serious water damage occurs, it’s most important to consider any immediate life safety hazards.

Turn Power Off: Though circuit breaker protection is intended to prevent electrical hazards, in certain circumstances water can become electrified. If there is any significant water accumulation on floors and the power is still on, safely leave the area if you can and call an electrician or emergency service personnel right away. If you can access the circuit panel safely, turn off the main breaker(s) for the property.
Avoid Contaminated Water : Water can become contaminated from such sources as sewage backflows, widespread flooding, or through the materials the water is exposed to after it has been released into a building. Contaminated water can potentially present situations that make people very sick. Always avoid contact with water that you are unsure of or that may potentially be hazardous.
Plan for Temporary Housing/Loss of Use : Even in less severe events, water damage will often result in a loss of use. As a general guideline, if you have severe water damage, assume that you will not have use of the damaged property for at least six months. Contingency planning for at least six months will allow you enough time to properly assess, plan, and coordinate the restoration of your property.

Step 2. Emergency Response and Professional Mitigation

Most severe water damage will require the assistance of licensed emergency mitigation contractors who have certifications and specialized industry training to properly mitigate your property damage. This work will often include the use of commercial drying and dehumidification equipment and should be completed in manner consistent with the standards set forth by the Institute of Inspection Cleaning and Restoration Certification (“IICRC”), which are best practices to reduce the damage that can occur from long term or excessive water exposure in indoor environments.

What you need to know about emergency mitigation:

The first 24-72 hours following severe water damage are most important. Aggressive water extraction and mitigation strategies mobilized in the minutes or hours after a water event occurs can save extraordinary amounts of money and time in repairs.
Though often difficult to accept, any organic building materials retaining excessive amounts of moisture 48-72 hours after water damage occurs should be immediately demolished and removed from the property to allow the drying process to be completed and to prevent mold growth.
Mold can begin to grow in 24 hours when organic materials are moist. Mold growth stops when materials are dry, but it can continue to be present (and may or may not be problematic) after drying has occurred.

Step 3. Assessing Damages and Managing the Recovery

There are many types of losses that can result from serious property damage beyond just the “brick and sticks” damages. Assessing the restoration requirements of the property is one element of your recovery, but managing your life, career, business continuity, expectations of clients and shareholders while inventorying damaged property, securing accurate assessments for repairs from qualified vendors, mitigating income losses, and navigating the insurance negotiations are just some of the tasks that may be involved in any serious property damage.

People are often under-resourced and underprepared for these types of serious property damage events. This results in unnecessary delays, underpayment of claims, and exacerbation of damages. For this reason, property owners should consult with a qualified Public Adjuster as soon as possible after a serious property damage occurs. Public Adjusters are insurance claims professionals who are specifically licensed by the state to work solely on behalf of policyholders. A good Public Adjuster will have established the knowledge and resources you need to manage the recovery of your property most efficiently.

If it is not feasible to hire a Public Adjuster, property owners should understand:

Large loss insurance claims generally take anywhere from 3-6 months to fully resolve amicably. Serious disputes can protract this time frame even further.
Effective management of the claim and recovery early on will help alleviate unnecessary delays later.
It’s the insurance carrier’s job to investigate your claim, not to investigate your damages . Do not rely on your insurance carrier or their representatives to tell you what your damages are or how much you should be paid.
If you are unable to agree with your insurance carrier on the amount of your loss, most insurance contracts contain a provision that provides for a process called “Insurance Appraisal”. This is an informal claims process intended to help resolve disputes that arise over the amount of loss. Though it should be used as a last resort and never to resolve disputes related to scope or extent of loss, insurance appraisal can be a helpful tool for policyholders to avoid litigation.

Step 4. Rebuild/Restore/Return

At the end of this road is the repair, restoration, or return of your property. You get there by acting quickly to hire the right people to help manage mitigation, assessment, and claims management components of the recovery. Through that effort, you’ve reduced the amount of damage to the property, accurately assessed and documented the damages and value of your loss, and you’ve negotiated the insurance proceeds necessary to fully restore the property. At this stage, you’ll have likely established which contractor or vendor will be completing the repairs and be able to progress that work at your discretion.

One thing is for sure, the early stages of any serious property damage are the most important to reducing your loss and setting you up for success through the rest of the claims and recovery process. If you have any questions or would like expert guidance for your property damage, please don’t hesitate to call us .

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Insurance Brokers, Property Managers, and Public Adjusters in the Insurance Claims Process

Tue, 06 Jul 2021 17:18:45 GMT

Insurance Claim Scenario

A sink develops a leak on the 14th floor of a mid-rise apartment building causing severe damage to several apartments and common areas. Management coordinates personnel to clean up the water and calls their insurance broker who notifies the building's insurance carrier of the incident. The carrier assigns a company adjuster to investigate the claim and begin the claims process. What next?

Who’s responsible for the damage?
Who’s responsible for the repairs--the building, shareholders, tenants, third parties, or all the above?
Is the emergency response being handled properly and in a way that mitigates that damage?
What is being done to understand the extent of the damages sustained?
What is being done to understand the insurance contract and how it interacts with the damages sustained to the property?
How does the building quantify the damages, or do you just wait for the insurance carrier to determine how much they want to pay?
Who maintains communication between all parties providing regular direction and accurate answers to questions?
What types of issues can delay or result in underpayment of the claims made?
Is there someone knowledgeable regularly onsite who is monitoring the condition of the property and needs of the people who live in the building?

In a best-case scenario, an actionable plan that answers these questions has been put in place before disaster strikes. But far too often, property owners wrongly rely on their insurance carriers to help them manage their recovery. Others will lean on property management or their insurance brokers to help manage the recovery process. As far too many people have experienced, this approach often results in substantial problems.

The Role of a Public Adjuster

Personal property disasters are traumatic. Next to death or severe illness, it can be one of the most difficult experiences in life that one can suffer. And when disasters occur, often even the savviest of people will not know the right place to turn to for help.

When people suffer severe property damage, most frequently fires or water damage to their homes or businesses, the potential financial consequences can be catastrophic. Most commonly, we purchase and maintain property and casualty insurance to financially protect us from this type of loss. But while the claims process can function in a way that ultimately does get the policyholder paid, far too frequently, claims are unnecessarily delayed and or wrongfully underpaid by insurance carriers--sometimes denied altogether. Most states recognize this problem and in turn, they license claims experts to work strictly on behalf of the policyholder to help protect their rights. This profession is known as a Public Adjuster.

The Public Adjusting industry is not well known to most people and commonly misunderstood by others. Not to be confused with an Independent Adjuster (who is licensed to work only for insurance companies), or Company Adjuster (who is directly employed by the insurance company), a Public Adjuster (“PA”) represents the interest of the insured party only. A qualified and reputable PA provides expertise in all aspects of claims management, arming the policyholder with the resources required to ensure a full and timely recovery from their loss.

Mark Twain was quoted as saying “It ain’t what you don’t know that gets you in trouble. It’s what you know for sure that just ain’t so”. That quote reminds me of my father who always warned me against “knowing just enough to be dangerous.”

Here is where I should point out the important distinction between an insurance CLAIMS expert and an insurance sales or property management expert. Public Adjusters do not sell insurance. They also do not manage real estate for others. This is because insurance sales and property management are complex careers that require years of study, training, and licensing to be successful. Even though I understand and have significant first-hand experience in both industries, providing formal recommendations to consumers needing professional advice in either could be disastrous for the same people I’d be trying to help, or in other words, knowing just enough to be dangerous.

Public Adjusters Provide Expert Insurance Claims Guidance

In New York City, like many most metropolitan cities today, there are countless property management companies. It’s a competitive industry, with many companies opening and closing all the time. What leads to such turnover in most cases is simply quality of service. This quality of service, or lack thereof, is magnified during serious property damage events.

Even the most experienced property management firms generally do not have good processes for handling catastrophic property claims. This is understandable due to the infrequency in which they generally occur. But when people’s lives, homes, and livelihoods are upended by disaster, there is no room for error or misjudgment without costly consequences.

Though the insurance industry is constantly evolving, many management companies employ the same claims processes for many years. No matter the size or magnitude of the claim, they will generally defer to a combination of relying on the insurance carriers’ representatives, a general contractor, and if the client is unhappy, they’ll call their insurance broker to help push the claims process forward. But none of these resources provide the experienced guidance needed to efficiently manage a property recovery from a serious damage event. The time and money that it costs their affected clients is avoidable and, in most cases, will irreparably damage the management companies’ reputation with the client and potentially others.

Why Not Turn to an Insurance Broker or Contractor for Help?

Insurance brokerages sell insurance. They understand their clients’ insurance needs, their risk, and pertinent coverages needed to that clients property or business. They develop relationships with the insurance carriers’ whose policies that they service and can often leverage those relationships when things go wrong in the claims process. And all these things provide great value to a policyholder.

But an insurance broker will likely never step foot on the property that has suffered the loss either before or after the damage event. They do not know how to assess property damage, prepare claims, or negotiate settlements with the insurance carrier. Good brokers know this and will almost always recommend a qualified Public Adjuster to assist the client following catastrophic property loss. But less experienced brokers, or those that are set in their ways, will only recommend reliance on the insurance carriers’ representatives, or refer a general contractor to help the client prepare repair estimates. This too can be a critical error.

General contractors are important in the property damage recovery process. Ultimately, if there is structural damage, it is the contractor’s job to restore the damaged property. But contractors are not licensed or trained to know insurance policy or to negotiate with insurance carriers. They may not be properly certified in fire or water damage restoration standards which most commonly are required to a catastrophic loss. Even in the rare cases that the contractors are properly trained, they do not know what legally should be paid for by the insurance carrier, how to present those claims, and again, they are not legally able to negotiate with the insurance carrier. So, if a contractor under-estimates your damage, doesn’t present it correctly to the carrier, or the carrier is unwilling to pay the contractor’s bill, there is little recourse. This frequently results in avoidable delays and leaves substantial amounts of money for your loss permanently in the hands of the insurance carrier when the claim is not managed by a reputable and experienced Public Adjuster.

The Value of a Public Adjuster

Many management firms and insurance brokers have built relationships with good Public Adjusters who they turn to when disasters affect their clients. They know enough about the claims industry to know how bad claims outcomes can irreparably harm their clients and their own businesses.

Those who do not may maintain a mistaken understanding of the role of Public Adjusters. Primarily, the biggest concern related to recommending a Public Adjuster is that the PA is paid through contingency on the settlement that is negotiated. The contingency is generally a percentage of the final settlement and throughout the country is usually around 10% of the settlement. To a wary insured, this may seem like a lot of money that they will expect to otherwise need to repair or replace their damaged property, leaving some professionals hesitant to recommend a Public Adjuster even when the need for their expert guidance should be apparent.

What the policyholder and their representatives need to understand is the value that the Public Adjuster is going to add to their claim. This value can and often is just a clear monetary increase to settlement awards. But the PA can also provide substantial value beyond that which is invaluable to the recovery process.

At the onset of this article, we raised several questions that frequently occur after a severe property damage occurs. All these questions are easily resolved by a qualified PA. Once retained, the PA will help manage all aspects of the client’s recovery, providing the expert guidance and understanding needed to ensure full and prompt recovery to the property and its affected owners. The PA’s guidance will usually avoid protracted disputes with the insurance carrier, and their understanding of how to prepare and present the claims to be negotiated provides the quickest path to full and fair payment for any loss.

Beyond this, the Public Adjuster is going to be the insured’s best resource to overcome insurance carrier misconduct. The Public Adjuster is licensed by the state in which they are working and specifically empowered to challenge the insurance carrier when good faith efforts to resolve claims are not made. In most instances, the PA is going to be able to resolve most disputes without the assistance of costly attorneys. And in the worst of cases, the PA will have prepared the file in a way that makes the attorney's job much easier and will often serve as expert witness when litigation does become necessary.

Because of the substantial amounts of money that are usually lost by way of severe property damage, understanding the benefit provided by hiring a qualified PA to manage the recovery process at the onset of any catastrophic property damage is a critical first step in any effective recovery strategy.

Contact Our Experienced Public Adjusters

At Eastern Public , we manage business interruption claims , and offer proactive support for business in New York and across the East Coast. Our claims adjusters and forensic accounting team are experienced with residential and business insurance policies, as well as business interruption losses. We offer risk management services to ensure that you are fully covered for business interruption and property damage that might cause serious problems for your company

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Public Adjuster for Business Interruption

Thu, 11 Mar 2021 19:51:18 GMT

Business owners and managers must be able to operate as usual during your normal hours and continue to do business to remain successful. There are some situations, however, when an unexpected tragedy or accident occurs, and your company is unable to function as normal for a certain period.

When an accident happens in or around your company, your business insurance will likely cover damages and losses that you incur as a result of the event, as long as it is a covered peril. One aspect of business insurance that may not always be the first thing on a business owner’s mind, though, is coverage for business interruption. The coverage is critical to prevent your company from experiencing serious losses as a result of your inability to operate as you usually would. This interruption can lead to loss of income and the possibility of bankruptcy if the interruption lasts for an extended period.

What Is a Business Interruption Claim?

Business interruption can be claimed when a company suffers losses of business income as a direct result of direct physical loss, damage, or destruction to insured property by a covered peril. A company may file a business interruption claim , and after a thorough investigation, the insurer may pay for the actual loss of business income resulting from the suspension of regular operations while the company works to make restorations.

It is critical to be able to prove that the suspension of operations directly resulted from the physical loss, damage, or destruction to insured property and that the incident which occurred is a covered peril in your insurance policy. In general, the insurance company will be responsible for the reduction in net income resulting from the covered accident and the suspension of operations. The business income usually covered includes net profit or loss before income taxes that would have normally been earned or incurred, payroll, and other normal operating expenses that continue to be incurred even though operations have been suspended.

Benefits of Hiring a Public Insurance Adjuster for a Business Interruption Claim

Insurance claims adjusters are trained to understand the convoluted and challenging policies, contracts, and mechanisms for resolving insurance claims. Without a public adjuster, policyholders are routinely underpaid by their insurance companies. We have the experience dealing with insurance claims and carriers to help you get the full value of your insured property after a serious event has caused d amage.

Steps in a Successful Business Insurance Claim

Contact Eastern Public if you have questions about a possible business insurance claim. When we are retained, our experienced adjusters guide you through each step of the process.

Investigation phase - This is a fact-finding mission to find out why the damage occurred (cause) and evaluate liability for damage (3rd party, sudden accidental event, multi-unit building). We want to find out who is responsible and where coverages exist, ultimately determining if the event is covered by your insurance.
Claims preparation - Once your claim has been investigated and liability has been determined, we will be able to more fully understand the extent of your loss and what the cost to repair or replace property will be. All of this will become part of the claim that is presented to your insurance.
Claim strategy - We work with you to determine the optimal course of action, and prepare all the research and documentation necessary to best present the claim to the carrier.
Presentation of claim - This includes all of the information that has been discovered and prepared for your claim. It is presented to your insurance carrier, and the carrier will likely have an expert to provide a counterclaim and analysis to negotiate a settlement.
Negotiation - We meet with the insurance carrier to examine the evidence presented and determine a settlement that is reasonable and fair.
Settlement - Once the claim has been negotiated, we work toward a settlement offer, and move forward to settle and pay out the claim. This process can involve multiple contacts and conversations with the insurance carrier and their representatives, detailing and describing covered damages, estimates, and circumstances.

This process can take anywhere from 1 month to 6 months or longer if disputes arise. Our goal is to facilitate the process, settling your claim as quickly as possibly while staying focussed on your business objectives.

Contact Our Experienced New York Public Adjusters

At Eastern Public, we manage business interruption claims , and offer proactive support for business in New York and across the East Coast. Our claims adjuster and forensic accounting team are experienced at examining business insurance policies and analyzing business interruption losses. We offer risk management services to ensure that you are fully covered for business interruption and property damage that might cause serious problems for your company.

Eastern Public is here to provide you with the information and guidance you need to make confident decisions for your business that prioritize business continuity. When you have suffered a loss or severe damages, you need to make a speedy recovery and ensure you have the funds required to begin recovery as soon as possible.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Frequently Asked Questions about Mold and Insurance Claims

Tue, 26 Jan 2021 22:30:17 GMT

Mold can be a threat to the safety of any property and to the health of occupants. At Eastern Public, we handle property insurance claims for businesses and homeowners where mold is frequently a source of concern.

We’ve assembled some questions and answers about mold that may be useful in addressing concerns when it comes to mold and your insurance policy.

When should I worry about mold?

Most people are not aware that while the presence of mold can be problematic, it is not always threatening to health. There are over 100,000 varieties of mold present in the air as microscopic particles. In small amounts, mold is mostly harmless and is never completely removed through cleaning. Remediation is the process of returning the amount of mold to acceptable levels in a home or office when an infestation has taken over a property.
Mold growth requires persistent dampness or moisture in a dark environment. From dark basements or closets to a boiler room, mold may be able to grow given the proper circumstances. Areas that do not receive a fresh supply of clean air may also be conducive to the growth of mold spores. We often see a mold infestation begin when drying is not completed quickly or completely after a flood or water damage, including when a fire is extinguished with water.

What should I do if mold develops?

Proper drying and debris removal is the critical first step to prevent mold development. The first priority after significant water damage is to coordinate emergency services to mitigate that damage. When we handle claims, we coordinate all aspects of emergency services--making sure it will be effective both for the health of occupants and for satisfactory insurance coverage resolution.
If mold has developed after a fire or flood event, remediation and insurance coverage can be more complicated. When Eastern Public is retained in cases where emergency remediation has not been effectively applied, we first recommend expert mold assessment to help establish if mold is a problem and the steps needed for proper remediation.

Will my insurance cover mold remediation?

For most homeowners and commercial insurance policies, there are often mold exclusions. Mold that has developed over time due to lack of maintenance or repair is generally not going to be covered. But moisture resulting from a covered peril involving water, such as flooding in a kitchen from a dishwasher malfunction, water damage due to a burst pipe, or a fire that has been extinguished by water, may result in mold that, properly handled, may be covered by your insurance policy. The part of the building which has mold development must have first been damaged by water before the mold began to grow in order for most insurance policies to apply and cover the cost of abatement and remediation of the mold.

Are all mold claims covered?

Short answer, no. There are definite mold exclusions in most insurance policies, and even certain water perils such as regional flooding which may result in mold development that will not be covered by the insurance. Likewise, if negligence or lack of maintenance caused mold to develop and spread, your insurance will likely not cover the claim. Do we want to recommend a course of action here?

What should you do to avoid having a mold claim denied?

If you believe that you have a mold infestation that may be covered by your insurance policy, the first and most important step is to contact a licensed Public Adjuster such as Eastern Public. A Public Adjuster works solely forpolicyholders, not insurance companies. We are retained by policyholders to manage commercial and residential claims and to advocate on their behalf. When mold has developed, a Public Adjuster will investigate the circumstances of the mold growth and examine the insurance policy to determine the best path to a full restoration of t he property.

Policyholders benefit from thorough documentation, through photos and video, of all of the mold damage and, if possible, the circumstances which caused mold to develop. The more you can show the insurance company, the less likely it is that they will find grounds to deny your claim. Also be sure to Keeping detailed records of events as they unfold and any costs you have incurred will help. When Eastern Public is retained after a water damage event, we guide policyholders through each step and manage the entire claims process to ensure a full restoration of the property.

Can I add insurance coverage for mold?

If your homeowners insurance policy does not cover mold and you would like to purchase coverage, you should contact your insurance agency to find out about adding a mold endorsement to your policy. The cost of insurance will be dependent on your location and the area’s risk of mold. In the more humid areas of the country where mold is more prone to grow, it will likely cost you more to add it to your policy than in dry, arid climates. Also, if your building is older and/or built with materials more likely to mold, that may increase the cost as well. In general, mold insurance may cost anywhere between $500 and $1500 annually.

What are the steps in filing a claim when you have mold in your property?

Whenever you’ve had a sudden event that may be covered by your insurance, the first step is to contact a licensed Public Adjuster who is experienced in properties like yours. At Eastern Public, we specialize in handling claims for luxury and commercial properties. A good Public Adjuster will investigate damage, review policies and relevant documents, develop a strategy with a well-supported claim, and manage the entire process.

As mentioned above, mold remediation will sometimes be covered in an insurance policy. In our initial consultation, we advise prospective clients on the best approach to their insurance claim, and whether it makes sense to hire our firm. We only proceed when we know we can bring value to the claims process. When claims proceed without a Public Adjuster, the policyholder depends on the insurance carrier to assess damage and evaluate restoration costs. In simple cases, with clear damages and standard value items or finishes, this approach may be best. As always, providing detailed documentation of the property before and after damage will help to establish correct valuation.

Contact our experienced Public Adjusting team

Mold may be covered in your insurance policy if you have added coverage or if the mold results from a covered peril. If you believe you have an insurance property claim, it is best to consult with an experienced Public Adjuster to determine your coverages and next steps.

Eastern Public is a leader in the field of property insurance claims, working primarily with luxury homes, multi-unit properties and businesses. Eastern Public is based in New York City, and serves clients across the Eastern U.S.

The Future of Insurance Appraisal

Wed, 20 Jan 2021 22:14:33 GMT

Making appraisal work for everyone

Insurance Appraisal is a process provided for in most property insurance policies, designed to resolve disputes between an insurer and an insured when they cannot agree on the value of a loss. In this process, you and your insurer would each be required to hire your own appraisers which usually will cost a minimum of a few thousand dollars, and if they can’t agree on a settlement, you would have to split the cost of hiring a third party known as an umpire to resolve the claim.

The process can provide a relatively cost-effective solution to consumers to resolve disputed claims when an impasse in negotiation is reached. It provides the parties an opportunity to resolve disputed amounts much faster than in litigation.

Unfortunately, the process is wrought with inefficiencies and suffers from a lack of regulation that often hurts both consumers and insurance carriers alike. It’s because of these issues that the future of appraisal is likely to be met with many challenges.

What’s going wrong?

If appraisal is properly invoked, carried out, and awarded, the amount of loss is binding on the insurer and the insured. Invoking appraisal ends any direct negotiation between the parties and in most instances the process leaves the policyholder with no other recourse if they do not agree with the appraisal award. For this reason, appraisal should always be used as a last resort to resolving disputes.

To actually qualify an insurance claim for the appraisal process there first must be a dispute over the amount of loss, but appraisal is intended to be invoked only after the parties have exhausted negotiations. Unfortunately, appraisal has become much more frequently used than in the past. As more and more claims enter into appraisal, the clause is often being invoked before an honest attempt is made to resolve the claim.

Insurers have argued that appraisal gets policyholders paid quicker and, by preempting litigation, reduces insurers’ overall costs of settling claims, which reduces costs passed to future policyholders through decreased premiums. But insurance carriers are experienced with the appraisal process and have established relationships that benefit them in the process. This provides the insurance carrier with a distinct advantage over the inexperienced consumer.

While this disadvantage also exists in the traditional claims process, in that negotiation setting there is regulation and case law which regulates the carrier’s behavior and the insurance contract itself. In many ways this helps ensure a fair investigation of the insured’s claims and good faith effort to negotiate an equitable settlement is made. While that doesn’t prevent claims from being underpaid or wrongly denied, it does provide the ability to an insured to negotiate a settlement at no cost unless otherwise professionally represented by a public adjuster or attorney, as is often advisable.

Invoking appraisal largely removes the insurer’s and insured’s or their licensed representative’s voice from the negotiation. The cost of the appraisal is not consequential to an insurance carrier who may have vast financial resources whereas even the several hundred to several thousands of dollars an appraisal can cost can be a substantial burden to the policyholder. Additionally, appraisal is an informal process which leaves it susceptible to abuse. While most policies require the appraisers be competent to evaluate the amount of loss and to be disinterested in the outcome of the appraisal, they often are neither of those things. And any challenge of an appointed appraiser would have to be made in a court of law.

Insurance carriers often develop reliable relationships with the people they appoint to be appraisers. It is not uncommon for insurance companies and their appraisers to work together on many appraisals. There are instances of appraisers who have handled hundreds of appraisals for a single insurance carrier. If an appraiser represents any one insurance carrier with such frequency that they derive a regular or substantial income, they could be reasonably argued to not be disinterested in the outcome of any given appraisal.

Because appraisal was so infrequently used in the past, and because it avoids most litigation, cases of perceived misconduct are not frequently adjudicated. Nonetheless, there is case law which can be helpful to consumers and claims advocates to address premature demands for appraisal.

A Kentucky court (Continental Ins. Co. v. Vallandingham & Gentry) ruled; “There must be an honest attempt made by the insured and insurer to meet on the question of loss and damage before the appraisal should take place. The initial disagreement between the parties without some effort to resolve that disagreement is generally not sufficient to make the case ripe for appraisal.” The ruling opined that an insurance carrier, "will not be permitted to use this (appraisal) clause oppressively, or in bad faith."

While either the insurer and/or the insured may invoke appraisal if an impasse is reached, “The insurer must proceed promptly to take the necessary steps to have the amount of the loss adjusted as provided in the policy'' (Schouweiler v. Merchants' Mut. Ins. Ass'n). Any demand for appraisal prior to reasonably exhausting this effort could be considered an abuse of the appraisal provision.

When one considers that the policyholder is entitled to a fair hearing and good faith effort to resolve claims, that appraisal costs thousands of dollars, that the outcomes of appraisal are binding, and the ways in which insurance carriers maintain advantages over the consumer in the appraisal process, it is clear that demanding appraisal before every attempt has been made to otherwise resolve the claim amicably is an abuse of the appraisal provision and unfair to consumers.

Two sides to every coin

While appraisal can serve as a useful and cost-effective tool for policyholders to resolve disputed claims, the process is increasingly being used by consumers in questionable ways. This effort seems to be largely coordinated by less than reputable general contractors and other entities who generally are more familiar with the appraisal process. There is a saying, “knowing just enough to be dangerous” that fits these bad actors well.

Solicitation practices are prevalent in the restoration industry. One such practice commonly employed by these parties is to look for homes that have suffered minor roof damage from hail or other weather-related events. They case neighborhoods for this type of damage then approach the owners of the property with schemes they claim will get the property owners new roofs or other repairs through insurance settlement proceeds.

If the amount of money in a disputed claim is relatively small, say $5,000 or less, then an insurance carrier is more likely to be compelled to pay more in settlements than is reasonably warranted if the cost of appraisal would be more than the cost of paying the frivolous claim. Many contractors know this and can use appraisal as leverage. The process allows the contractor to provide broader scopes of work than are necessary and say, if you don’t like it, we’ll have to go to appraisal.

At this point, if the insurance carrier does not comply, the contractor will direct the insured to demand appraisal to determine the amount of loss. However, the contractor or entity that coordinated the effort will generally have an employee or other partner that will then handle the appraisal at no cost to the insured. Because the overall value of these claims is often very low, the appraisers often agree to resolve the claim for an amicable figure to avoid the cost of hiring an umpire. As this behavior becomes more prevalent, the insurance carriers end up paying many frivolous claims and over the aggregate, substantial amounts of money than is otherwise reasonably owed.

The future of appraisal

Appraisal is the most cost-effective and efficient way to resolve the amount of loss disputes that have reached an impasse, though it is clear that the process can be improved. The National Association of Insurance Commissioners (“NAIC”) acts as a forum for the creation of model laws and regulations for the insurance industry. Each state decides whether to pass each NAIC model law or regulation, and each state may make changes in the enactment process, but the models are widely adopted in different forms. The NAIC also acts at the national level to advance laws and policies supported by state insurance regulators. Any substantial uniform change to appraisal law would likely need to first happen at the NAIC level.

Many national and state trade associations, like the National Association of Public Insurance Adjusters (“NAPIA”), participate at the NAIC to advocate for improved industry standards and consumer protections. Even though the abuses of insurance appraisal mutually affect insurers and insureds in negative ways, there is little cooperation between those trade associations which advocate for consumer rights and those representing insurance companies and their lobbyists. Because the issues with appraisal that negatively affect these parties differ, the regulation or changes that may come in the future will likely have varying positive and negative impacts for consumers.

There are a number of changes that would better protect consumers from carrier misconduct in the appraisal process. Formalizing the appraisal process to create a mechanism that ensures participants are genuinely qualified and disinterested to the outcome could be helpful to both insureds and insurers alike.

Additionally, mandating specific standards for the reasonable and prompt investigation of claims could also prove valuable. Most states have already adopted versions of the NAIC Unfair Claims Settlement Practices Act (“UCSPA”) The purpose of UCSPA is to set forth standards for the investigation and disposition of claims arising under policies in a given state. The model act does provide that insurers must adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies. However, it stops short of defining what those standards should be or what defines “reasonable”.

While the UCSPA model act does help ensure carriers investigate claims in a timely manner, it does little to ensure that insurance carriers exhaust all reasonable efforts to amicably resolve claims with insured before forcing claims into costly alternative dispute resolution measures such as appraisal. Implementing clearer parameters for what constitutes an appraisable claim or further claims-handling guidelines for insurers that limits their ability to demand appraisal prior to paying all monies that are believed reasonably owed could provide much needed relief to consumers.

For insurance carriers, avoiding frivolous appraisal demands is difficult. But there exist ways for them to reduce instances of misconduct in the appraisal process. For one, only licensed public adjusters and attorneys are legally able to negotiate an insurance settlement on behalf of an insured. Unfortunately, many claims handlers will negotiate with an insured’s general contractor. Negotiating with unlicensed entities opens the door to the types of appraisal abuse that we have discussed here. Insurers should always confirm that the representative of an insured is appropriately licensed.

Insurance carriers can also challenge the impartiality of a chosen appraiser if impropriety is suspected. This however could result in substantially delaying resolution as legal challenges are resolved by the courts. That delay can also create legal liabilities for which a carrier may be resistant. Pursuing such legal challenges could also be cost prohibitive in many ways. To address this, the insurance industry could move to formalize the appraisal process by requiring appraisers and umpires to be licensed or registered. This would provide for a level of accountability that appraisers can be held to and disciplined if misconduct can be proven. It also would potentially provide for a quicker appraisal process by adopting uniform standards that could be more easily regulated.

Regardless of the problems that exist with insurance appraisal, it remains the most cost-effective and efficient way to resolve disputes pertaining to the amount of loss between insurance carriers and policyholders, once negotiation has failed. It’s a valuable tool that when used properly, serves as a great asset to reducing litigation and providing consumers with a way to overcome underpaid claims settlements.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Best and Worst Property Insurance Carriers of 2020

Sun, 28 Jun 2020 15:30:33 GMT

J.D. Power recently released their 2020 U.S. Property Claims Satisfaction Study™ . The study measures satisfaction with the property claims experience among insurance customers who have filed a claim for damages by examining five factors (listed in order of importance): settlement; claim servicing; FNOL; estimation process; and repair process.

The 2020 study is based on responses from 6,025 homeowner insurance customers and was fielded between April and December 2019. The study presents some interesting findings.

In terms of customer satisfaction, only four companies ranked lower than

Chubb™, which is often considered the premiere insurance coverage provider for high value and luxury real estate,

Of the 19 insurance carriers that qualified for the Property Claims Satisfaction Study, State Farm™, Liberty Mutual™, and Travelers™ all ranked below industry average, but all three rank in the top 6 in net premiums written .

These statistics do not tell the whole story. Like Allstate and State Farm before it, Liberty Mutual hired consulting giant McKinsey & Co. to boost its bottom line . The McKinsey strategy relies on lowering the amounts paid in claims, no matter whether the claims were valid or not. By all accounts, Liberty Mutual has not become as notorious as its rivals for the deny, delay, and defend tactics that McKinsey encouraged. But the McKinsey strategy and similar business models, that encourage improper claims settlement practices, prevail in today’s insurance market place.

The winners of the satisfaction study were Amica Mutual™, The Hartford™, and Farmers™. USAA™ also would have topped the list but did not qualify for unspecified reasons.

One thing is for sure, the need for policyholder protection is greater than ever. As more insurance consumers become aware of the resources available to them to help ensure positive outcomes to their property insurance claims like Public Adjusters , industry associations , and not-for-profit information centers , the more we’ll see improvement in claims satisfaction outcomes for all insurers.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Establishing the Value of Historic Finishes

Fri, 24 Apr 2020 04:00:00 GMT

When an adjacent apartment flooded this prestigious Park Avenue condominium, Eastern Public was called immediately due to our reputation as experienced managers of luxury property claims. Preparing the claim required coordination with artisans and craftsmen from around the world. We then worked with the client’s architects and designers to prepare the claim, ultimately negotiating a settlement that fully funded the restoration.

Coverage for Covid-related Losses

Fri, 17 Apr 2020 18:21:12 GMT

As people everywhere struggle with the financial impact of the Coronavirus crisis on their businesses, policyholders are wondering if their property insurance policies can help.

While insurance carriers are working overtime to deny coverage for these types of losses, as Attorney Sharon O’Malley put it: “If history is any guide, policyholders and their Public Adjuster and/or attorney will attempt to advance creative arguments for coverage in response to the Coronavirus. The key to responding properly is a careful analysis of the specific policy terms and conditions at issue, informed by experience and relevant legal authority.”

So let’s look a little deeper...can the steps taken to minimize exposure to Coronavirus or to reduce its spread trigger insurance coverage?

The answer is YES.

In fact, steps taken to minimize exposure to the Coronavirus or to reduce its spread may trigger insurance coverage under multiple types of insurance policies.

The analysis of a typical Business Interruption claim generally starts by asking the following question: (1) Did a covered peril (2) cause direct physical damage or physical loss (3) to insured property or property at the described location or within a specified distance (4) during the policy period (5) resulting in an actual loss of business income (6) due to the necessary suspension of the insured's operations? It’s a complicated question that we’ll break down.

Do we have a covered peril?

Most business owners insurance policies are going to be issued on what’s considered an “Open perils” basis. Meaning, all losses are covered unless the policy specifically excludes or limits coverage for that specified event or circumstance.

Did the covered peril cause direct physical damage?

While the law is not settled on what constitutes a “direct physical damage”, legal cases have been successfully tried throughout the country that hold contamination and other incidents that render property uninhabitable or unfit for their intended use are sufficient.

Was the damage sustained to insured property or property at the described location or within a specified distance?

Many property policies extend business interruption coverage not just for the insured property but also for losses arising from “civil authority” orders that impair or prohibit access to an insured’s property.

Did the damage occur during the policy period?

If your insurance policy was effective as of March 11th 2020, then the damage occurred in the policy period.

Did the damage result in an actual loss of business income?

Business income loss generally must be incurred to qualify for insurance coverage. Meaning, assumed or projected losses are not typically paid through insurance proceeds, but once income has been lost, it can be claimed.

Was that loss of income due to the necessary suspension of the insured's operations?

Any income loss due to any other reason than the direct impact of a covered peril is not covered.

So…insurance coverage for complex claims like those related to Coronavirus and its impacts should be considered in consultation with a claims advocate who has experience analyzing and interpreting insurance policies. By doing so, policyholders may discover that they have financial protection for their loss.

f you have any questions regarding coverage interpretation or current legal developments related to Coronavirus (SARS-CoV-2), please do not hesitate to contact Eastern Public, LLC at (929) 999.4674 or info@EasternPublic.com .

The Opportunity Cost of Physical Damage

Tue, 10 Mar 2020 17:05:28 GMT

An apparel retailer suffered a sewer line backup, rendering their corporate office unusable just days before a sales appearance on a nationally syndicated TV show. Their insurance carrier denied coverage for the overwhelming majority of the insured's six-figure losses.

Eastern Public reviewed and assessed coverage in the insured’s favor, prepared a formal coverage dispute, and successfully engaged the carrier to change their position resulting in full coverage for our client's loss, including not just the material damage, but the lost revenue that would have been afforded by the tv appearance.

Accounting for Shared Costs

Tue, 10 Mar 2020 16:58:34 GMT

When a fifth floor tenant of a mid-rise residential property left for a work trip during a winter cold spell, the PT air conditioning system failed, flooding out the lower four floors of their luxury condominium building located just below Houston Street on the Lower East Side of Manhattan. The condominium Board of Directors contacted Eastern Public for assistance in dealing with their insurance company. The carrier had assessed the scope of the repairs at far below the true cost needed to repair the 2005 condos, which featured top of the line finishes throughout.

In addition to negotiating coverage for the increased scope and cost of repairs, Eastern Public guided the Board and the tenants to collect insurance proceeds to cover the cost of abating common area maintenance fees for the affected tenants of the building, allowing tenants to mitigate expenses during the restoration.

Luxury Policy Claim Negotiation

Fri, 06 Mar 2020 00:17:14 GMT

High-end condo looks to EP to avoid dispute

The owner of this luxury condominium had purchased what they believed was the “Ferrari” of insurance policies, had never had a claim, and expected to be paid quickly following substantial water damage to their home. After months of negotiations, communication broke down between this condo owner and their insurer. The owner contacted Eastern Public to represent their interest in an arbitration proceeding.

Eastern Public reviewed the situation and advised the insured on an alternative course of action which would rely on Eastern Public’s trusted reputation with this insurance carrier. Following our guidance, the insured avoided the arbitration hearing entirely and was made whole in a relatively short period of time.

Catastrophic Restaurant Fire Recovery

Sat, 01 Feb 2020 05:00:00 GMT

Yakiniku West, a traditional Japanese BBQ restaurant and East Village staple, sustained a catastrophic fire originating in their dining room. Following the fire, delays in the insurance carrier’s investigation nearly bankrupted the owner. When the carrier did finally honor the claim, they incorrectly applied a penalty to the settlement for the restaurant’s business interruption, substantially underpaying for Yakiniku’s financial losses.

Through exhaustive effort, Eastern Public worked with the insurance carrier’s attorneys to help them understand the carrier’s mistakes, successfully negotiating the settlement at policy limits and allowing the owner to reopen the business, and avoid costly litigation.

Correcting a Misidentified Cause of Water Damage

Sun, 26 Jan 2020 18:11:53 GMT

Robert Scarano & Andres Escobar designed this award winning 15-story luxury condominium building located in the heart of the East Village. When the building suffered catastrophic water damage, the building’s insurance carrier attempted to deny coverage citing exclusionary language in the policy. The building’s attorney recommended Eastern Public to handle the coverage dispute and claim.

Following detailed investigation by Eastern Public, it was determined that the cause of loss was actually due to a windstorm that forced upon a door on the rooftop, allowing cold air to enter the elevator shaft, ultimately freezing a sprinkler head on a wall adjacent to the elevator.

The insurance carrier reversed their coverage position based on Eastern Public’s analysis and efforts, resulting in a large six figure settlement and resources necessary to fully rehabilitate the property.

Identifying Hidden Cause of Loss

Tue, 21 Jan 2020 05:00:00 GMT

After a valuable East Hampton home suffered water damage, the insurance company offered the owners only a fraction of the cost of recovery, misattributing the source of damage to seepage from light damage to an exterior wall.

Eastern Public conducted a comprehensive forensic investigation and determined that the cause of water damage was not seepage, but rather rain water migrating into the house as a result of roof damage from a recent wind storm. Had this pervasive yet unapparent roof damage gone undetected, this magnificent home would have had recurring damage and likely voided the owners’ ability to secure the insurance proceeds necessary to fully fund the repair.

Strategic Direction Recovers Arbitration Case

Tue, 22 Oct 2019 17:21:38 GMT

A luxury 24-unit Manhattan condo, built in 2013, sustained catastrophic damage after a water supply line on the rooftop bulkhead froze, then burst. After months of negotiation, the Board and Managing Agent reached an impasse with their insurance carrier, who demanded arbitration for what they believed to be a $150,000 loss.

The Board contacted Eastern Public to assist with the arbitration hearing. After careful review of the case, Eastern Public advised the board to take a different approach. We engaged the insurance carrier, arranged for the carrier to withdraw their arbitration demand contingent on Eastern Public investigating, preparing and presenting the claim in a full and fair manner. Following extensive efforts, EP strategy resulted in the resolution of the claim for over seven figures, and helped the client avoid costly litigation.

Property Insurance Explained

Mon, 24 Jun 2019 04:00:00 GMT

CEO Brian Evans sits down with James Mansfield of Building In Manhattan

CEO Brian Evans sits down with James Mansfield of West Village GC in their Building In Manhattan series to talk property insurance claims. Brian shares his knowledge and expertise, from his background in construction to his work today, and how working with a public adjuster can make all the difference in the rebuild of your property. Click on the video to hear all his tips and advice.

Eastern Public is a complete property insurance claims and risk management firm based in New York. With over 20 years of experience, we are licensed to serve clients in the greater New York City area and across the East Coast, including New Jersey, Pennsylvania, Connecticut, Vermont, Maine, Rhode Island, Maryland, North Carolina, South Carolina, and Georgia. For 24/7 claims advice and service, contact us at (929) 999.4674 or info@EasternPublic.com .

Mixed-use Manhattan Property Claim

Tue, 28 May 2019 04:00:00 GMT

Eastern Public was retained after a Soho commercial and residential space sustained water damage that affected all six floors of the property. We overcame the carrier’s dogged attempts to deny the claim, coordinated all necessary instruments to support the amount of the stakeholders' losses, and prevailed in securing coverage to properly restore the building.

Impacts of Rooftop Pool Defect

Thu, 23 May 2019 17:26:43 GMT

Managing tenant relationships through unexpected disaster

When a swimming pool located on the roof of a new construction 11-story luxury Manhattan apartment building with river views, the building sustained widespread damage. The Board and managing agent turned to Eastern Public to manage their claim and recovery. Through our efforts, the building was able to effectively manage tenant relationships, fully fund the restoration of the property, and identify and correct previously undocumented construction defects.

Assessing Luxury Home Damage

Thu, 09 May 2019 14:40:24 GMT

A lightning strike caused a small fire in the kitchen of this residence quietly nestled along the Hudson River. The lightning caused more subtle damage throughout the rest of this beautiful home which the insurance carrier neglected to assess--grossly underpaying for the homeowners' loss.

Following investigation, Eastern Public generated a comprehensive restoration assessment which fully supported the extent of damage sustained and accurately accounted for repair of the unique architectural elements of the home. The successful negotiation of this claim far exceeded the family's expectations.

Countering an Inadequate Offer

Sat, 08 Dec 2018 05:00:00 GMT

International clothing retailer Philipp Plein suffered massive merchandise loss due to water damage from a burst pipe. Eastern Public prepared inventories, damage assessments, and loss calculations, and then used the carefully documented evidence to rebut the insurance carrier’s attempt to pay a fraction of the claim. After our intervention, Philipp Plein received a high six figure settlement.

Investigation of Warehouse Roofing Reveals Damage

Tue, 01 May 2018 04:00:00 GMT

Gale force winds from a high impact rain storm damaged the roof of Hunts Point Terminal Market, a wholesale food market located on a 60-acre campus in the Bronx, NY, occupying more than one million square feet of space.

Eastern Public worked as part of the team engaged to help the business recover, Eastern Public was able to identify hidden damages to the building’s structure that would have otherwise rendered it unsafe. Through efficient and effective team management, Eastern Public was able to help resolve the claim in short order, mitigating the client’s business interruption losses

Eastern Public Case Studies and News

Tropical Storm Erin: What We Know, and How to Stay Prepared

What We Know Right Now

Expected Track & Timing for the U.S.

Why a Skilled Disaster Recovery Team Matters Now

Eastern Public: Your Frontline in Storm Recovery

Understanding the Value and Cost of Public Adjusting Services

Broad Evidence Rule Demystified: The Role of Weighted Factors in ACV

The Role of Weighted Factors in Actual Cash Value Settlements

Can the Rebuilding Begin Yet? A Timeline for LA Fire Victims and the Looming Crisis Ahead

Steps Homeowners Can Take Immediately and Plan for Later

Steps to take in Parallel

Insurance and Financial Preparation

Coastal Permits (If Applicable)

What Must Happen Sequentially

CEQA Environmental Review

Building Permit Issuance

Utility and Infrastructure Clearance

Strategic Sequencing: What Works Best

Bottom Line

80,000 Homes in the New York City Area may be Lost to Flooding in the next 15 Years

“Wait—I Can’t Sue for Bad Faith?”

NY Assembly Bill 6010-A Matters for Property Insurance Claims

The Picture That Pays: The Power of Visuals in High-Stakes Claims

Photo documentation plays a critical role in property insurance claims

Insurance Companies Undervalue Personal Property Contents Claims; Here's What You Can Do

Lessons from Recent Cases

Cold Snap Freezes NYC

Below-freezing temperatures in the Northeast and NYC cause burst pipes, heating system failures, and other cold-related property damage

New York City Water Main Flooding

Flooding results in business interruption and damage to housing

Herald Square Holiday and Christmas Market Fire

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Eastern Public CEO Brian Evans Presents at the 2024 First Party Claims Conference in Boston

Topics covered include advancements in appraisal and emerging technologies to enhance underwriting and claims handling

Navigating the Aftermath of Hurricane Helene

A Message from Brian Evans, CEO of Eastern Public LLC

Insights from the 2024 New York Public Adjusters Association Annual Conference

Avoiding Mistakes in Commercial Claims

Hiring a good Public Adjuster prevents common missteps in commercial claims

Public Adjusters for Property Managers

A good Public Adjuster provides valuable insight and elevates the client experience

Earth Movement Exclusion in Property Insurance Policies

Navigating Earthquake Damage Coverage ﻿

What is the Earth Movement Exclusion?

Understanding Earthquake Damage Coverage

Navigating Coverage Options

Ensuing Loss Coverage

Navigating Homeowners Insurance Costs

A Public Adjuster's Insights on Homeowners Insurance Costs

The Landscape of Homeowners Insurance Costs

Understanding Affordability Challenges in Homeowners Insurance

Insight into Cost Drivers in Homeowners Insurance

Opportunities for Improvement in Homeowners Insurance

Another Role for Public Adjusters in Protecting Homeowners

Leveraging Underinsured and Uninsured Casualty Losses: A Guide for Policyholders

What Is a Casualty Loss?

Casualty Loss on Rental Property Explained

Examples of Qualified Disaster Loss

Limitation on Personal Casualty and Theft Losses (the "$100 and 10% rules")

How to Claim a Casualty Loss as a Tax Deduction

Limitations

Frequently Asked Questions (FAQs) about Casualty Losses

Ghost of Christmas Past – Pipe Freezes

Frozen pipes can result in disaster, but they don’t have to. Moving quickly with knowledgeable guidance can prevent problems from occurring and mitigate the damages when they do.

BEFORE FREEZING TEMPERATURES

WHEN A PIPE IS AFFECTED

AFTER A FROZEN PIPE

A Consumer's Guide to Recovery from Water Damage

4 Steps to Mitigate Damage and Begin Recovery of Your Property

Step 1: Life Safety

Step 2. Emergency Response and Professional Mitigation

Step 3. Assessing Damages and Managing the Recovery

Step 4. Rebuild/Restore/Return

Insurance Brokers, Property Managers, and Public Adjusters in the Insurance Claims Process

Insurance Claim Scenario

The Role of a Public Adjuster

Public Adjusters Provide Expert Insurance Claims Guidance

Why Not Turn to an Insurance Broker or Contractor for Help?

The Value of a Public Adjuster

Navigating Earthquake Damage Coverage