More assistance with insurance for Maui fire victims needed, advocates say [The Honolulu Star-Advertiser]

Sep. 29—Lahaina fire survivors without renter's or property owner's insurance—and even those with insurance—received no assurances Thursday that the state can help them recover their losses anytime soon.

Lahaina fire survivors without renter's or property owner's insurance—and even those with insurance—received no assurances Thursday that the state can help them recover their losses anytime soon.

Even property owners with insurance received no clear idea from the state Department of Commerce and Consumer Affairs when their insurance companies will be allowed into burned areas to begin assessing their damage for potential reimbursement.

Representatives for DCCA's Insurance Division said fire victims' first recourse lies with the Federal Emergency Management Agency—an answer that frustrated state Sen. Brenton Awa (R, Kaneohe-Laie-Mokuleia ), who joined four Senate colleagues in Lahaina as a member of the Senate Committee on Commerce and Consumer Protection.

The briefing was only the second held outside the state Capitol in 15 years since statewide hearings in 2007 over the abandoned Hawaii Superferry project, said committee Chairman Sen. Jarrett Keohokalole (D, Kaneohe-Kailua ).

Simultaneously on Thursday, one of the House's post-fire working groups—focused on public education—held its own briefing on Maui.

Asked whether legislation can help bridge the gap between survivors' need and the state's inability to help, Awa said there isn't time to wait for the 2024 legislative session to provide relief.

"There's so many things we need to attack now, " Awa told the Honolulu Star-Advertiser after the briefing at the Lahaina Civic Center. "Waiting until session ? These guys don't have that kind of time. We need to figure it out now. If I can hope and pray, if I had a genie, I hope we can come up with state funds. The state's got to get in. If there's no answer, that's a problem. The state of Hawaii should protect its own residents."

The Aug. 8 fire killed at least 97 people in America's deadliest wildfire in over a century and destroyed an estimated 2, 200 structures, most of them homes, on its way to causing an estimated $5.5 billion in damage.

Representatives from insurance companies attended Thursday's briefing but did not testify.

GEICO General Manager Timothy M. Dayton, Hawaii's largest motor vehicle insurer, submitted written testimony that said GEICO has received more than 500 motor vehicle claims related to the fire, "and we are proud to report that over 96 % of these claims have already been settled or are currently in the repair process. GEICO's commitment for rapid response and resolution has been the paramount focus for our Company in helping to alleviate the hardships by those impacted by this tragedy."

Fire survivors with property insurance repeatedly have told the Star-Advertiser that their FEMA applications for financial assistance have been denied and that they were told to first seek compensation through their insurers. Others also have been denied FEMA aid because their names were not on property deeds they inherited from parents or grandparents.

And renters without renter's insurance—especially if they had informal rental agreements—also have been frustrated by the lack of federal financial support.

Some people who testified at Thursday's briefing said the clock has begun ticking on when they can file their insurance claims, but adjusters have not been able to enter burn zones that haven't been cleared for safe reentry. So far, the county has opened only one residential zone to residents and property owners, who have been told they can bring along insurance adjusters to help process their claims. Three more residential zones will open Monday.

Others testified Thursday that they've been told that their insurance will likely cover repairs to properties that survived, but not to tear out walls or insulation to ensure proper removal of toxic materials. County officials continue to warn that dust and ash in Lahaina likely remains contaminated with arsenic, asbestos and other toxic substances.

DCCA officials said they lack the authority to grant entrance to insurance adjusters.

Fire survivor and state Sen. Angus McKelvey (D, West Maui-Maalaea-South Maui ), who lost his home in the Aug. 8 fire, accused DCCA of lacking leadership and asked why it could not coordinate drone flights so insurance adjusters can at least start the process to determine damage and not punish property owners.

DCCA representatives, including Director Nadine Ando, agreed that McKelvey's suggestion was worth consideration.

Keohokalole said he did not know what kind of legislation could help survivors with their immediate needs.

"It's just unclear to me exactly at this point what we need to address the situation, " he told the Star-Advertiser. "These people don't need solutions that won't happen until the summer, until the governor signs a bill."

Keohokalole agreed that DCCA "needs to be intentional " in working with Maui County and federal agencies to coordinate services in order to help survivors recover in the near term.

"If the (DCCA ) Insurance Division is not responsible for the issue, then no one in state government is—and that's not good enough, " he said. "I don't think that these are hard things or impossible things. It seems appropriate that this would be elevated and get coordinated attention. It's the committee's point and that is our expectation, because no one has taken this up. It should be them. In the absence of clear and helpful communication, people are vulnerable to all this propaganda."

In the long term, Keohokalole agreed with testimony from a Hawaiian kupuna who said efforts are needed to plant fallow land with native species to restore forests and replenish the watershed to reduce the risk of future wildfires, which the state can mandate.

"All of this fallow land is just drying out, " Keohokalole said. "It's really obvious when you come out to Lahaina. But we also have this problem on the west sides of all islands. The priority needs to change."

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