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re: Flood insurnce lapse due to dementia

Posted on 5/19/17 at 7:25 am to
Posted by Jizzamo311
Member since Dec 2008
6507 posts
Posted on 5/19/17 at 7:25 am to
It's pretty simple.

The agent is not responsible for trying to contact insured or insureds relatives to avoid cancellation due to non pay. The agent most likely has numerous clients and while it would be in his best interest to reach out when NOC are sent out, he is no way responsible.

If the insured is mentally incapacitated, then whomever has Power of Attorney should be handling his estate, therefore the burden lies upon you(the insured)
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 5/19/17 at 7:27 am to
quote:

Because doc said the could manage their own affairs despite the dementia


And what do you think of that opinion now?

It's still always better to be safe than sorry in these situations
Posted by Tiger Prawn
Member since Dec 2016
26332 posts
Posted on 5/19/17 at 7:27 am to
quote:

Is there a cancellation notice or is it just cancelled? Is there a grace period?


The insurance company mails renewal notices about 45-60 days before the renewal date. If the renewal isn't paid by the exipration date, an expiration notice is mailed. FEMA allows for a 30 day grace period to reinstate with no lapse. After 30 days, then you could get coverage again BUT with a 30 day waiting period.

quote:

Concerns a relative and the agent was aware of the condition--is there an obligation or duty on their part?


No. The only obligation is that the insurance company mails the renewal and expiration notices. Its not the agent's responsibility to babysit people by calling them to remind them to check their mail everytime a bill is due. If this client had dementia and needs assistance managing their affairs, why isn't the family helping?
Posted by dgnx6
Member since Feb 2006
91640 posts
Posted on 5/19/17 at 7:27 am to
The relatives should have handled it. But hey that's the world we live in. Self centered arse holes, someone else's fault.

Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 7:28 am to
Relative was considered competent to handle their affairs by their doctor and the relative would become irate if somone suggested that they couldn't . I'm not accusing, trying to find out how notifications re sent out and if there is something that can be done.
This post was edited on 5/19/17 at 7:31 am
Posted by Tiger Prawn
Member since Dec 2016
26332 posts
Posted on 5/19/17 at 7:30 am to
quote:

Agent could try to call the carrier and explain the situation to them. That final call is up to the carrier though


This would be true for homeowners insurance, but OP stated it was regarding flood insurance. Flood is a FEMA program. The rules are cut and dry for flood and FEMA doesn't allow NFIP carriers to make exceptions.
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 7:32 am to
Thats what I thought
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 7:33 am to
You can't force things on someone considered capable by a doctor
Posted by Anonymous95
Member since Sep 2014
2101 posts
Posted on 5/19/17 at 7:35 am to
quote:

If not, wh at's stopping you from just renewing the coverage?

This can be a very costly mistake. If a property was grandfathered to a particular flood zone before the zone changes took effect, the property must maintain continuous coverage.

If that coverage lapses, the policy will be rewritten using the new zone map. Depending on where the property is, this could mean a difference of thousands of dollars per year in premium increases. Could even be tens of thousands of dollars.
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 7:35 am to
So how are agents involved with FEMA flood programs? Are they notified as well of lapses or cancellations? It is part of their homeowner's billing or separate?
This post was edited on 5/19/17 at 7:37 am
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 7:37 am to
yes, this is why we are trying to find out
Posted by Anonymous95
Member since Sep 2014
2101 posts
Posted on 5/19/17 at 7:41 am to
I would take ChandlerB03 up on his offer to reach out to the writing company. The issue you have is that the writing company is simply a processor for NFIP policies (unless it was a private flood policy, which is unlikely).

It's a tough sell because the NFIP operates on a strict set of rules and I'm not aware that they even have the ability to make decisions that ignore those rules.

Good luck to you. It sucks.
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 5/19/17 at 7:45 am to
I know this isn't the point of your thread but it may help in the future

quote:

You can't force things on someone considered capable by a doctor


If you think the doctor is wrong you can certainly try to

You and your family likely spent a lot more time with this relative than the doctor and y'all clearly understood his/her limitations or you wouldn't have put this deceitful family member in charge of their flood insurance

If a doctor tells you someone is perfectly capable even though you know better from the vast amount of personal time you've spent with them then you try and get a second opinion

Don't get me wrong, I hate the idea of taking someone's legal rights from them, but sometimes it's the only way to protect them.

ETA:

Good luck to y'all. I really hope y'all can fix the issue, because few things piss me off more than when people take advantage of the handicapped and the elderly
This post was edited on 5/19/17 at 7:47 am
Posted by nicholastiger
Member since Jan 2004
57238 posts
Posted on 5/19/17 at 7:47 am to
We got flood insurance after Katrina, had some medical bills to pay one year and did not renew.

We were lucky with the Aug flooding, we got it the Monday of the flood week and were covered a month later.
Posted by Jizzamo311
Member since Dec 2008
6507 posts
Posted on 5/19/17 at 7:48 am to
Agents write Flood insurance on seperat Policies from your Homeowners.

FEMA->Broker->Agent->Insured. That's how the majority of policies are written.

Yes, the agent is notified in writing on Lapses & Cancellations. They will get the exact same documents as the insured.
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 7:51 am to
Not as easy as you would think it is when doctor says otherwise
This post was edited on 5/19/17 at 7:55 am
Posted by Ash Williams
South of i-10
Member since May 2009
18563 posts
Posted on 5/19/17 at 7:52 am to
I handle interdictions all the time

I know it's not easy. But it's been done

Again, I'm not trying to assign blame st this phase. Just might want to consider it from this point forward.

Allowing his/her flood insurance to lapse should be a pretty good piece of evidence of his/her inability to handle personal affairs at this point
This post was edited on 5/19/17 at 7:54 am
Posted by 12Pence
Member since Jan 2013
6344 posts
Posted on 5/19/17 at 7:53 am to
1.) Why wasn't the family taking care of the relative?

2.) If the family members are that lazy and worthless, why wasn't a guardian of the estate appointed?
Posted by Slickback
Deer Stand
Member since Mar 2008
28167 posts
Posted on 5/19/17 at 7:53 am to
Is it grandfathered or getting subsidized rates? Why not just rewrite it?

How long has it lapsed? You can pay within 30 days and reinstate.
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 7:57 am to
several family members spoke to the doctor--a person is considered competent until a doctor says otherwise
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