When The Earth Moves, Flood Insurance Is Denied - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Property and Casualty News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Property and Casualty News RSS Get our newsletter
Order Prints
August 23, 2013 Property and Casualty News
Share
Share
Post
Email

When The Earth Moves, Flood Insurance Is Denied

Ken Serrano, Asbury Park Press, N.J.

<table border="0" cellpadding="0" cellspacing="0">

By Ken Serrano, Asbury Park Press, N.J.
McClatchy-Tribune Information Services

Aug. 23--It is perhaps the two most dreaded words Sandy victims will ever hear from their flood insurance company: "earth movement."

Both are technical terms buried within insurance agreements that can cut tens of thousands of dollars from a homeowner's insurance offer -- and be the difference between salvaging a damaged home or forcing the owner to simply walk away.

There's an exclusion in flood insurance policies for a loss of property caused "directly by earth movement even if the earth movement is caused by flood," according to the standard policy. In layman's terms, that means if water moves the soil and that movement of soil cracks a house's foundation, that damage is not covered by insurance.

The National Flood Insurance Program does not keep records on the number of claims that have been denied because of damaged foundations.

But denials for flood insurance have become a cause with growing support in New York.

U.S. Sen. Kirsten Gillebrand, D-N.Y., has urged the National Flood Insurance Program, which is overseen by the Federal Emergency Management Agency, to back off on their denial of claims on the basis of the earth movement exclusion.

The exclusion is the focus of a Facebook group called Sandy Victims Fighting FEMA. The group plans to hold a rally on Aug. 29 in Mineola, N.Y., hit hard by Sandy.

Robert Trautmann, a Red Bank attorney representing Sandy victims battling insurance companies, said he has reviewed about 30 to 40 earth movement cases.

Trautman said that adjusters for insurance companies are following FEMA's directions on claims "to a fault," fearful of the repercussions if they get something wrong. Trautmann maintains that FEMA has told those adjusters that the agency will be looking to the adjusters to reimburse the federal government, not the homeowners, if a mistake is made.

"They're really looking for any reason to deny in case FEMA comes back to them," Trautmann said.

Dan Watson, spokesman for FEMA, countered Trautmann's remarks, saying adjusters have an incentive to make sure the correct amount of damage is properly reflected. The bigger the claim, the more they are paid.

The flood waters from Sandy wreaked havoc on the foundation of a client from Seaside Heights in a way that had nothing to do with earth movement, Trautmann said.

His experts are prepared to argue that it was "liquefaction erosion" that damaged that clients' foundation, which he says is covered by flood insurance. The ocean water eroded the soil -- mostly sand -- around the foundation, compromising it, he said.

The dispute boils down to definitions under the policy, the basis of many insurance arguments.

"There's a long history of litigation over definitions," said Mark Browne, a professor of insurance with St. John's University'sSchool of Risk Management, New York.

Watson, who also serves as spokesman for the National Flood Insurance Program, declined to address the dispute over definitions.

He said that policyholders who have concerns with their insurance companies can call FEMA at 1-800-427-4661. When a claim or any part of a claim is denied by the insurer, the policyholder may also appeal that denial directly to FEMA.

Ken Serrano: 732-643-4029; kserrano

@njpressmedia.com

___

(c)2013 Asbury Park Press (Neptune, N.J.)

Visit the Asbury Park Press (Neptune, N.J.) at www.app.com

Distributed by MCT Information Services

Wordcount:  545

 

Newer

Board to break off health insurance risk pool [The Telegraph, Nashua, N.H.]

Advisor News

  • The rise of the ‘gray divorce’ insurance client
  • Succession planning: Building the future of your practice
  • From loss to security: Supporting widowed clients with life insurance
  • Plan now for lower Social Security benefits later
  • The conversation almost no advisor is having yet
More Advisor News

Annuity News

  • Empower Annuity Insurance Company of America Trademark Application for “EMPOWER WHAT’S NEXT” Filed: Empower Annuity Insurance Company of America
  • Industry pushes back on linking ‘financial strength’ to annuity illustrations
  • Sammons Enterprises & Sammons Financial Group Respond to Reports
  • The Manhattan Life Insurance Company Acquires Union Security Life Insurance Company of New York
  • Cayman Islands premier to meet with U.S. reinsurance regulators
More Annuity News

Health/Employee Benefits News

  • What is most important to consider when choosing an Advantage Plan?
  • Executive benefits evolve beyond retention as workforce pressures mount
  • Young and insured? You could still face thousands in medical bills
  • Wildfire smoke, increasing in frequency, has implications for morbidity
  • Becerra, running for governor of California, faces a health insurance problem
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Wildfire smoke, increasing in frequency, has implications for morbidity
  • Record IUL sales don’t diminish the need for continued customer engagement
  • Benchmark International Successfully Facilitated the Transaction Between National Group Marketing Trust and New Era Life Insurance Companies
  • Why the bond market is flexing its muscles, and why everyone needs to care
  • An Application for the Trademark “LIVE TODAY, SECURE TOMORROW.” Has Been Filed by Security Mutual Life Insurance Company of New York: Security Mutual Life Insurance Company of New York
More Life Insurance News

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Press Releases

  • Classic Car Insurer OpenRoad Insurance Expands to 40 U.S. States in Two Years
  • How Aspire General Turned an Early Technology Bet Into Claims Automation at Scale with Kyber
  • Adjusto launches AI-Native contents claims services powered by its technology platform
  • URL Insurance Group Celebrates 40 Years of Service, Growth, and Industry Leadership
  • MassMutual Ascend Surpasses $2 Billion in Lifetime Advisory Annuity Sales, Reflecting Continued Momentum in RIA Channel
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet