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State Disaster
Response Plan
April 2003
National Association
Of Insurance Commissioners
© Copyright 2002, 2003 by National Association of Insurance Commissioners
All rights reserved.
Revised Edition
ISBN 0-89382-931-5
National Association of Insurance Commissioners
Insurance Products & Services Division
816-783-8300
Fax 816-460-7593
www.naic.org/insprod
[email protected]
Printed in the United States of America
No part of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic
or mechanical, including photocopying, recording, or any storage or retrieval system, without written permission from the
NAIC.
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Federal & International Relations
Hall of States Bldg.
444 North Capitol NW, Suite 701
Washington, DC 20001-1509
202-624-7790
Disaster Response Plan
Introduction..................................................................................................................... 1
Overview of Committee, Subcommittees and Task Groups ............................................... 3
Preparation Tasks ............................................................................................................ 5
Section I. Before the Disaster—Introduction of Concepts and Groups ............................. 5
1.
1.1
1.1a
1.1b
1.1c
1.1d
1.1e
1.1f
1.1g
1.2
1.2a
1.2b
1.2c
1.2d
1.2e
1.2f
1.2g
Executive/Policymaking Committee ................................................................................. 5
Insurance Department Planning Subcommittee................................................................. 5
Insurance Community Liaisons ...................................................................................... 6
Mediation Program ......................................................................................................... 7
Exceptions to Common Settlement Practices ................................................................. 8
Market Assistance Plans ................................................................................................. 9
Insurance Disaster Assessment Team ........................................................................... 11
Emergency Licensing of Adjusters ............................................................................... 11
Early Access for Adjusters............................................................................................ 12
Combined Resources Subcommittee ............................................................................... 13
Logistics Task Group .................................................................................................... 14
Coordination/Communications Task Group ................................................................. 15
Command Post Task Group .......................................................................................... 16
Consumer Information Hotline Task Group ................................................................. 18
Media Relations Task Group ........................................................................................ 20
Volunteer Recruiting and Training Task Group ........................................................... 20
Market Monitoring Task Group.................................................................................... 22
Activation Tasks............................................................................................................. 25
Section II. Immediately Before, During and Immediately After the Disaster .................... 25
2.
Executive/Policymaking Committee ............................................................................... 25
2.1
Insurance Department Planning Subcommittee............................................................... 25
2.1a Insurance Community Liaisons .................................................................................... 25
2.1b Mediation Program ....................................................................................................... 26
2.1c Exceptions to Common Settlement Practices ............................................................... 26
2.1d Market Assistance Plans ............................................................................................... 26
2.1e Insurance Disaster Assessment Team ........................................................................... 26
2.1f Emergency Licensing of Adjusters ............................................................................... 26
2.1g Early Access for Adjusters............................................................................................ 27
2.2
2.2a Logistics Task Group .................................................................................................... 28
2.2b Coordination/Communications Task Group ................................................................. 28
2.2c Command Post Task Group .......................................................................................... 28
2.2d Consumer Information Hotline Task Group ................................................................. 29
2.2e Media Relations Task Group ........................................................................................ 30
2.2f Volunteer Recruiting and Training Task Group ........................................................... 30
2.2g Market Monitoring Task Group.................................................................................... 31
Section III. Post Disaster Tasks ...................................................................................... 32
3.
3.1
3.1a
3.1b
3.1c
3.1d
Executive/Policymaking Committee ............................................................................... 32
Insurance Department Planning Subcommittee............................................................... 32
Insurance Community Liaisons .................................................................................... 32
Mediation Program ....................................................................................................... 32
Exceptions to Common Settlement Practices ............................................................... 33
Market Assistance Plans ............................................................................................... 33
i
3.1e Insurance Disaster Assessment Team ........................................................................... 33
3.1f Emergency Licensing of Adjusters ............................................................................... 33
3.1g Early Access for Adjusters............................................................................................ 34
3.2
3.2a Logistics Task Group .................................................................................................... 35
3.2b Coordination/Communications Task Group ................................................................. 35
3.2c Command Post Task Group .......................................................................................... 35
3.2d Consumer Information Hotline Task Group ................................................................. 36
3.2e Media Relations Task Group ........................................................................................ 36
3.2f Volunteer Recruiting and Training Task Group ........................................................... 36
3.2g Market Monitoring Task Group.................................................................................... 36
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
Appendix
1: Referral Sources for Consumers .................................................................. 39
2: Market Assistance Plans ............................................................................. 43
3: Sample New Releases, Bulletins, Consumer Brochures, and Claim Forms ... 65
4A: South Carolina’s Disaster Response Volunteer Statement.......................... 77
4B: Florida’s Disaster Response Volunteer Statement ...................................... 81
5: Florida’s Emergency Adjuster Licensing Regulation ..................................... 83
6A: Florida Department of Insurance Sample Disaster Response Plan.............. 93
6B: Missouri Department of Insurance Sample Disaster Response Plan ..........159
7: Data Reporting ..........................................................................................251
8: Model National Emergency Management Assistance Compact (EMAC)
Legislation ..................................................................................................265
9: Sample Bulletin .........................................................................................271
10: Midwest Zone’s Ending Arguments Gently, Legally and Economically
(E.A.G.L.E.) .................................................................................................275
11: Identification of Catastrophe Perils ...........................................................281
12: Insurance Partnerships for Improved Disaster Recovery ...........................285
14: Guidelines for IDAT Reports .....................................................................303
15: 2003 Members by Zone ............................................................................305
16: Disaster Response Plan Checklists ...........................................................307
ii
Introduction
This handbook is intended to serve as a guide for insurance regulators to develop and
adopt comprehensive disaster response plans. The handbook recommends that
subcommittees and task groups execute the plan and coordinate efforts to effectively
respond to disasters affecting the insurance marketplace in their jurisdiction.
The handbook recommends that any disaster plan establish and maintain partnerships
between public and private organizations to ensure the most efficient resource allocation
and communication possible. In so doing, the citizens of any jurisdiction can be assured of
the most coordinated response by all accountable parties.
Each insurance department is expected and encouraged to tailor the plan to its own
staffing and technical resources as well as to the types of disasters most likely to occur in
its particular region of the United States or its possessions. In some instances, it may
make more sense to combine the efforts of more than one group if staffing is limited.
Although this handbook references alternate designated facilities to be used in case the
insurance department headquarters are damaged or destroyed in a disaster, this handbook
does not include internal disaster recovery or business continuation planning. Such
planning should be independently undertaken by insurance regulators.
This handbook recommends three distinct plan “stages”: I) Preparation; II) Activation; and
III) Post Disaster. While the distinction between these stages may be obvious to some, it is
important that any plan define the trigger(s) for when each stage ends and another one
begins. Each task group should have specific responsibilities for each stage and each
major activity should list the person accountable for completing the activity. Recommended
responsibilities and activities are enumerated generically in this document. The activities
are, by no means, exhaustive but, rather, are a guide to be amended where
appropriate in a particular jurisdiction.
Last, the appendices contain several reference documents. It is suggested that you review
these when preparing your disaster response plan, as you may find an approach or plan
that is particularly suitable in your jurisdiction.
1
2
Overview of
Committee, Subcommittees and Task Groups
Executive/Policymaking Committee
The primary purpose of this group is to provide overall executive direction to the Insurance
Department Planning Subcommittee and the Combined Resources Subcommittee at any
stage necessary. This group should be comprised of senior-level managers in the insurance
department with the authority to make policy decisions about every aspect of the plan’s
execution and resources. This group should ensure that the insurance department
implements and maintains a comprehensive Disaster Response Plan and that it is
evaluated periodically.
Insurance Department Planning Subcommittee
The primary purpose of this group is to establish and maintain response needs or
resources, including insurance community liaison contacts, a mediation program,
exceptions to common settlement practices, market assistance plans, etc. This group
should be comprised of insurance department staff members and would regularly report to
the Executive/Policymaking Committee.
Combined Resources Subcommittee
The primary purpose of this group is to provide oversight for the operational components of
the insurance department’s Disaster Response Plan. This group should also be responsible
for coordinating activities with state and/or federal emergency management agencies
where applicable. This group would regularly report to the Executive/Policymaking
Committee.
Logistics Task Group
The primary purpose of this group is to ensure that the technical and physical resources
necessary to fulfill the requirements of the insurance department’s Disaster Response Plan
are available and operational when needed. This group’s responsibilities would typically be
focused on such resources as laptop or desktop computers, related network or other
connectivity resources, printers, fax machines, cell phones, pagers, vehicles and temporary
office space/furniture as needed. This group would regularly report to the Combined
Resources Subcommittee.
Coordination/Communications Task Group
The primary purpose of this group is to provide coordination/communication to zones,
insurance departments and other state and federal agencies. This group would regularly
report to the Combined Resources Subcommittee.
Command Post Task Group
The primary purpose of this group is to coordinate the day-to-day operations of the
“command post” environment to include interaction among private and public entities,
insurance department personnel and insurance industry representatives during and
following a disaster. This group would regularly report to the Combined Resources
Subcommittee.
3
Consumer Information Hotline Task Group
The primary purpose of this group is to efficiently and effectively respond to consumer
inquiries when a disaster occurs. This group is also responsible for monitoring and
reporting complaints signaling trends in claims handling practices (see Appendix 9), which
might suggest an insurer’s inability to effectively respond as necessary. This group would
regularly report to the Combined Resources Subcommittee.
Media Relations Task Group
The primary purpose of this group is to receive and disseminate current relevant
information to consumers and media prior to, during and following a disaster. This group
would regularly report to the Combined Resources Subcommittee.
Volunteer Recruiting and Training Task Group
The primary purpose of this group is to ensure that the department has a sufficient
number of well-trained and prepared volunteers to respond to disaster-related consumer
needs, including field duties, consumer hotline assistance, etc. This group would regularly
report to the Combined Resources Subcommittee.
Market Monitoring Task Group
The primary purpose of this group is to monitor and evaluate information provided by staff
in the field (investigative/fraud related) as well as from the Consumer Information Hotline
Task Group to identify and address emerging issues affecting the industry’s response. This
group would regularly report to the Combined Resources Subcommittee.
4
Preparation Tasks
Section I.
1.
Before the Disaster—Introduction of Concepts and Groups
The primary purpose of this group is to provide overall executive direction to the Insurance
Department Planning Subcommittee and Combined Resources Subcommittee at any stage
necessary. This group should be comprised of senior-level managers in the insurance
department with the authority to make policy decisions about every aspect of the plan’s
execution and resources. This group should ensure that the insurance department
implements and maintains a comprehensive Disaster Response Plan and that it is
evaluated periodically.
Recommended composition:
•
•
•
•
•
Commissioner/Director or senior deputy
Deputy of consumer services division
Senior consumer services staff person
Senior administrative services staff person
Senior market conduct staff person
Task Description
1) Establish and appoint the Insurance Department Planning
Subcommittee.
2) Establish and appoint the Combined Resources Subcommittee.
3) Oversee activities of the Insurance Department Planning
Subcommittee.
4) Oversee activities of the Combined Resources Subcommittee.
5) Oversee the implementation and maintenance of the Disaster
Response Plan.
1.1
By Date
By X date
Responsible
Person(s)
Ongoing
Ongoing
Ongoing
Ongoing
The primary purpose of this group is to establish and maintain response needs or
resources, including: insurance community liaison contacts, a mediation program,
exceptions to common settlement practices, market assistance plans, etc. This
group should be comprised of insurance department staff members and would
regularly report to the Executive/Policymaking Committee.
•
•
•
•
Consumer services staff person
Administrative services staff person
Market conduct staff person
Other staff as needed
This group may need to establish objectives for monitoring issues such as claims
handling standards and assessment, general industry response assessment and
market assistance needs that may arise.
5
Note: All Section 1.1 tasks are the responsibility of the Insurance Department Planning
Subcommittee.
Task Description
1) Establish and maintain an insurance community liaison contact
list.
2) Establish and appoint an insurance disaster assessment team.
3) Oversee the emergency licensing of adjusters.
4) Establish and maintain exceptions to common settlement
practices.
5) Establish and maintain a mediation program.
6) Establish and maintain a market assistance plan (See Appendix 2).
7) Work with state and/or local office of emergency management
officials and insurance industry representatives, before the
occurrence of a disaster, to identify individuals authorized for early
access to impacted areas for claims adjusting purposes (See
Section 1.1g).
1.1a
By Date
Responsible
Person(s)
Insurance Community Liaisons
Liaisons are appointed by insurers doing business in the state. Each liaison
should have an available back up, and both would likely be a member of the
insurer’s disaster response team.
Liaisons should be able to provide coverage data and loss statistics, by
county or region, according to any standardized format developed by the
insurance department. Liaisons must be knowledgeable of company internal
information systems and sources, and authorized to access such systems so
that applicable and timely information can be provided to the insurance
department or emergency response agencies upon request.
Task Description
1) Establish procedures to ensure documentation and statistical
reporting procedures pursuant to Section 24A of the Statistical
Reporting Handbook (NAIC) (Appendix 7).
2) Develop a list of insurance community liaisons.
Should be members of insurer’s disaster response team who are
familiar with company processes, systems and protocols and have
access to key information.
Should include primary and secondary contact person information.
3) Compile contact information and claims processing information.
4) Compile exposure data.
6
By Date
By X date
annually
By X date
annually
Responsible
Person(s)
Task Description
5) Consider establishing a password-protected site on insurance
department Web site for authorized insurance department and
insurance community liaison personnel to report claims-processing
information.
•
Insurance community liaisons will report other disaster
information to be posted to insurance department’s Web site
including:
Lists of company claim offices and phone numbers
Adjuster information
Company toll-free numbers, etc.
6) Determine where insurance community liaison activity will occur
(e.g., may have a permanent seat in state’s emergency operations
center or insurance department’s command post).
7) Establish a trigger for activating the insurance community liaisons
(e.g., when state emergency operations center is at Level 3 or
higher, or when Commissioner/Director determines that activation
will benefit the insurance department, industry and consumers).
8) Determine what information, if any, will be required to be reported
upon activation of the insurance community liaisons.
9) Develop insurance community liaison disaster reporting form (See
Sample in Appendix 13), which should, as much as possible, be
uniform with other states’ forms. Such information should be
reported by the insurance community liaisons and may include
such detailed information as:
•
Exposures by zip code
•
Incurred losses to date
•
Number of claims received
•
Number of insureds contacted
•
Number of claims settled
•
Available reinsurance, etc.
10) Contact all insurance community liaisons to ensure they have
copies of the most current insurance community liaison disaster
reporting form.
11) Ensure updates to all data.
1.1b
By Date
Responsible
Person(s)
Mediation Program
Sometimes claims that originate during a disaster go unresolved if the
insured and adjuster are unable to agree on a question of fact. To avoid costly
and unnecessary litigation, a mediation program designed to help the insured
and insurer reach a satisfactory conclusion may be considered.
Mediators for the program should be qualified individuals who have been
trained in mediation techniques by certified mediators according to state law.
Those serving as mediators do not issue rulings, but act as facilitators
helping the insureds and insurers reach settlements that are beneficial to
both. A voluntary approach to dispute resolution is generally beneficial to
insureds and insurers alike. The insured and insurer must agree to
mediation before the mediation process begins. Those participating in the
mediation process should have full settlement authority.
7
Task Description
1) Coordinate with insurance industry to determine if a mediation
program is desired for post-disaster claim disputes.
2) Determine if additional statutory authority is needed in order to
implement such a program. (Seek additional authority, if desired.)
3) Establish the mediation program and set protocol for when the
program is activated and rules by which the program will operate
(e.g., Oklahoma’s Ending Arguments Gently, Legally and
Economically (E.A.G.L.E.) program—Appendix 10).
•
Ensure that protocols include requirements for:
Proper training of mediators
Eligibility of claims for mediation (size/type, etc.)
Where mediation takes place
Who pays costs, etc.
4)
Establish:
•
Monitoring mechanism for program;
•
Evaluation standards for success of program; and
•
Protocols for when mediation program should be deactivated
(e.g., some states may wish to keep mediation program in
force continuously; others may wish to activate such plan
after disasters).
1.1c
By Date
Responsible
Person(s)
Exceptions to Common Settlement Practices
Following a major disaster, in order to accommodate the magnitude of claims
in an efficient and compassionate manner, there will likely be a need for
exceptions to common settlement practices, including (but not limited to):
Auto insurer “declaration of total loss” for vehicles that are located within
the disaster area and are not accessible to adjuster inspection.
Insurers’ allowance and/or acceptance of affidavits of death as viable
proof of loss on life insurance contracts (See Appendix 3 for an example).
Some disasters may occur in which it becomes apparent that individuals
may not be found or, if found, identification will be impossible.
Insurer consideration of the need to extend time restraints, which
normally apply to the filing of claims and the settlement of claims.
Placing insurance department antifraud units on high alert in anticipation
of unscrupulous activities that may follow a major disaster. Arrangements
also should be made to allow antifraud units access to the disaster site
(also see Section 1.2g Market Monitoring Task Group).
Insurers providing additional grace periods for policyholders whose
dwellings or businesses have been damaged or destroyed and who
temporarily may not have the ability to pay premiums as a result of a
major disaster.
Regulators may wish to consider exception or adjustment to any
established time frames in which adjusters must contact a claimant.
Regulators may wish to consider modification to what constitutes
“contact,” i.e., use of phone, mail or fax. In addition, if due to certain
deductible levels or other appropriate factors, there are claims that would
result in no payment, regulators may wish to consider different response
time requirements for adjusters in this instance.
8
Task Description
1) Determine which exceptions to common settlement practices may
need to be established to accommodate a magnitude of claims in
an efficient and compassionate manner, through communications
with the insurance industry.
2) Develop triggers, in consultation with industry, as to when such
practices will be implemented or amended. Document changes and
ensure that they are fully communicated to the industry and
consumers.
By Date
Responsible
Person(s)
1.1d Market Assistance Plans
A market assistance plan is a clearinghouse or system for matching
insurance buyers with insurance sellers. A market assistance plan collects
and maintains an extensive database of information on authorized property
and casualty insurers and on licensed agents and the types of policies they
are authorized to write. Although market assistance plans are not residual
markets or insurers, they have often been required prior to establishing a
residual market program such as a joint underwriting association (JUA).
It is important for states to ensure that the enabling statutes and/or
administrative rules for establishing a market assistance plan are in place
during the Preparation phase of the Disaster Response Plan. It may take six
months to establish a market assistance plan, and longer if the state must
first obtain enabling legislation or adopt administrative rules to implement a
plan.
Generally, admitted insurers and, where allowed, eligible surplus lines
insurance producers prepare a market assistance plan “Plan of Operations.”
The Plan of Operations typically establishes the mechanism for assigning
applications. The Plan of Operations should provide for a high degree of
regulatory oversight to avoid any appearance of unfair treatment in the
assignment process. Insurers submit the plan to the Commissioner/Director
for review and approval, and if approved, the department adopts the plan,
usually by rule.
Market assistance plans can work in different ways:
Types of Insurance Provided—Market assistance plans are generally
established for property and casualty lines of insurance, and may include
personal or commercial property, commercial liability or other lines.
Trigger for Activation—Market assistance plans may be established after
public hearing, or after the Commissioner/Director determines that a
specific line of insurance is unavailable or unaffordable.
Participation—Market assistance plans may be voluntary or compulsory.
In most states, participation is compulsory. If voluntary, participating
insurers should agree to assume their fair shares of insurance
applications submitted to the market assistance plan.
Applications—Market assistance plans may require that licensed
producers submit applications to the market assistance plan for
9
marketing. However, some market assistance plans have been structured
to allow consumers to submit applications directly.
Administration—Market assistance plans are usually administered by an
executive committee consisting of some or all of the following:
Interested insurers;
Licensed insurance producers or an agent’s association;
Public members;
Surplus lines insurance producers; and
Commissioner/Director or insurance department personnel as an ex
officio member.
Financing—Market assistance plans may be financed by admitted
insurers, be self-supporting through application fees, or receive some
financial assistance from the insurance department.
Duration—Market assistance plans may be established for continuous
existence or for shorter time periods after which the market assistance
plan is de-activated.
Task Description
1) Research and discuss with insurance industry representatives the
need for market assistance plans if post-disaster marketplace
disruptions dictate that one is necessary. (See Appendix 2 for
background information on market assistance plans.)
2) Determine plans for establishing a market assistance plan, such
as:
•
Whether it be a general property and casualty market
assistance plan or specific to one line of coverage, such as
workers’ compensation, etc;
•
Who should participate;
•
If/how the market assistance plan should be extended to
include non-admitted markets;
•
Who should administer the market assistance plan;
•
How the market assistance plan will be funded;
•
Whether coverage required will be identical or whether similar
products will be acceptable;
•
Resources needed to operate the market assistance plan, etc.
3) Determine trigger(s) for activating the market assistance plan (e.g.,
coverage is becoming unaffordable and/or unavailable; rate/form
filing increases or coverage exclusions/restrictions; consumer
complaints, etc.).
4) Pursue statutory and/or rulemaking authority to allow the
insurance department to establish a market assistance plan if such
enactments are necessary.
5) Determine protocols for monitoring market assistance plan activity,
evaluating its success, and protocols for isassembling/deactivating
the market assistance plan when no longer needed.
10
By Date
Responsible
Person(s)
1.1e
Insurance Disaster Assessment Team
An insurance disaster assessment team should be developed to tour affected
area(s) as soon as possible to evaluate the damage and provide initial damage
estimates and estimates of the number of adjusters that will be needed. This
team could be comprised of senior insurance company representatives,
adjusters and/or representatives of the insurance department. The Insurance
Department Planning Subcommittee would likely establish this team.
Task Description
1) Work with insurance industry and disaster management
community to develop uniform insurance disaster assessment team
information for reporting (see Guidelines in Appendix 14).
2) Identify important information to assist the state in seeking a state
or federal disaster declaration, and find information sources. (The
information may be available through the uniform insurance
disaster assessment team for reporting guidelines and the
insurance community liaison disaster reporting form.)
3) Identify a method to quickly resolve disputes or concerns if they
arise regarding a company’s early access to the disaster area(s).
4) Review insurance disaster assessment team membership, confirm
availability of team members and update contact information.
1.1f
By Date
Responsible
Person(s)
Annually
Emergency Licensing of Adjusters
States may wish to consider adopting rules or regulations that outline the
qualifications and procedures for emergency licensing of adjusters.
Depending on a state’s laws regarding “permanent” adjusters, it may wish to
consider distinguishing among insurer staff adjusters, independent adjusters
and public adjusters in such rules or regulations.
An insurance department’s Disaster Response Plan should address the
activation of such licensing procedures in a prompt and efficient manner. Use
of a state’s Web site is ideal for advance publication of such rules so that
affected insurers and adjusting firms can prepare in advance. (See Appendix
5 for an example of a state’s “Emergency Adjuster Licensing Regulation.”)
Task Description
1) Determine if statutes/regulations permit emergency licensing
procedures for adjusters, and if so, for which type (e.g., company
adjusters, independent adjusters and/or public adjusters).
2) Initiate legislative/regulatory procedures to establish authority if
statutes/regulations do not provide for such.
3) Establish guidelines for expedited licensing.
4) Distribute guidelines to interested parties on the insurance
department Web site or informational bulletin site.
5) Establish protocol for sharing the list of emergency adjusters with
appropriate internal insurance department staff, Combined
Resources Subcommittee, etc.
11
By Date
Responsible
Person(s)
1.1g
Early Access for Adjusters
Regulators may wish to coordinate with state and/or local emergency
management officials and industry representatives to establish a program
designed to identify individuals authorized for early access to the most
severely impacted areas for claims adjusting purposes. Such a program might
include issuance of State Emergency Response Team (SERT) badges to
insurers, managing general agents, agent associations and other approved
organizations for this purpose. Issuance could be coordinated through the
insurance department or through an industry trade organization. With early
access, the adjuster can assess the amount of damage to individual
structures and issue emergency funds (ALE checks) covering temporary living
expenses to policyholders of the impacted area. SERT badges would be issued
for a specified period (e.g., one year), where allowable under state law and/or
law enforcement policy, and would allow early entry into disaster zones.
12
1.2
The primary purpose of the Combined Resources Subcommittee is to provide
oversight for the operational components of the insurance department’s Disaster
Response Plan. This group would also be responsible for coordinating activities with
state and/or federal emergency management agencies where applicable. This group
would regularly report to the Executive/Policymaking Committee. All task groups
would report to this committee. This group should also monitor, coordinate and
advise other insurance department staff or state/national leaders regarding disaster
response needs or resources in the event of a disaster affecting more than one state
or jurisdiction.
•
•
•
•
•
Commissioner/Director or senior deputy
Senior administrative services staff person
Disaster leaders from state’s top writing insurers (if desired)
Representatives from local, state and/or federal government and emergency
management agencies (if desired)
Task Description
1) Create, test and maintain long-term formal, written “public-private
disaster partnerships” with appropriate organizations designed to
coordinate response to disasters.
2) Create a list of key decision-makers for disaster management.
3) Update and maintain the list of key disaster management decisionmakers and share that list widely within the disaster management
community.
4) Call an initial meeting of members to:
•
Discuss the insurance department’s Disaster Response Plan;
•
Explain duties of the Combined Resources Subcommittee and
task groups;
•
Receive input from members; and
•
Gather ideas from task group members, references,
educational/informational materials, contact persons, disasterrelated issues that may need to be added to this Disaster
Response Plan, etc.
5) Coordinate with local, state and federal emergency management
agencies and the insurance industry to identify critical areas of
mutual need before, during and after a disaster.
6) Establish and appoint a Logistics Task Group and oversee its
activities.
7) Establish and appoint a Coordination/Communications Task
Group and oversee its activities.
8) Establish and appoint a Command Post Task Group and oversee
its activities.
9) Establish and appoint a Consumer Information Hotline Task Group
and oversee its activities.
13
By Date
By X date
annually
By X date
& ongoing
Responsible
Person(s)
Task Description
10) Establish and appoint a Media Relations Task Group and oversee
its activities.
11) Establish and appoint a Volunteer Recruiting and Training Task
Group and oversee its activities.
12) Establish and appoint a Market Monitoring Task Group and
oversee its activities.
13) Meet periodically to:
•
Discuss the progress of the task groups
•
Solve issues that arise
•
Add/delete items to the state’s specific Disaster Response Plan,
etc.
By Date
Responsible
Person(s)
Biannually or as often as the Commissioner/Director deems
necessary prior to the state’s disaster season (if applicable).
1.2a
The primary purposes of the Logistics Task Group are as follows:
Consult with the Combined Resources Subcommittee and other task groups
regarding the insurance department’s logistical and technical capabilities and
requirements to enable the efficient execution of the insurance department’s
Disaster Response Plan.
Coordinate with the Command Post Task Group regarding logistical and
technical capabilities for command post and/or field or temporary offices.
Coordinate with the Consumer Information Hotline Task Group regarding
logistical and technical capabilities for hotline and other consumer
communication needs.
•
•
•
•
Senior information technology staff person(s)
Senior administrative services staff person(s)
Other insurance department personnel as needed
Task Description
1) Identify resource needs of the Combined Resources Subcommittee
and other task groups regarding the insurance department’s
logistical and technical capabilities and requirements to enable the
insurance department to respond better and faster to disasters and
include these in the implementation plan.
2) Coordinate technical requirements for an alternate designated
facility to ensure its immediate activation in case the insurance
department headquarters is damaged/destroyed in a disaster and
include these in the implementation plan.
14
By Date
Responsible
Person(s)
Task Description
3) Determine whether it is feasible to use the insurance department’s
existing toll-free number for the consumer information hotline and
whether/how to coordinate all the insurance department toll-free
lines if additional lines are necessary.
4) Determine how to incorporate TDD lines if desired by the
Consumer Information Hotline Task Group.
5) Determine how to quickly and efficiently link the insurance
department satellite and/or temporary field office sites with the
insurance department headquarters.
6) Establish method of requesting and securing resources from other
states and organizations if needed.
7) Identify available physical and human resources, which may assist
in disaster response efforts.
1.2b
By Date
Responsible
Person(s)
In time of need, insurance regulators in other jurisdictions may serve as a
potential resource to assist in meeting the increased demands on state
resources caused by a disaster. In the past, insurance regulators from across
the country have volunteered to assist by traveling to the disaster site or to
government offices to staff hotlines with knowledgeable personnel.
Additionally, federal agencies may call upon a state department for technical
information relating to insurance. The Coordination/Communications Task
Group may wish to identify resources in advance that might be available for
this purpose.
This group may want to establish objectives relating to the coordination of
available resources in nearby states not affected by the disaster. This could
include working with:
•
•
NAIC zone disaster response coordinators (see Appendix 15 for 2003 NAIC
Members by Zone).
Emergency Management Assistance Compact (EMAC) states and nonEMAC states. (The purpose of EMAC is to provide for mutual assistance
between the states entering into this compact in managing any emergency
or disaster that is duly declared by the governor of the affected state(s),
whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages, community
disorders, insurgency, or enemy attack—see Appendix 8, Model
Legislation.)
•
•
•
•
State NAIC liaison
Media relations staff person
Administrative staff person
Senior legal department staff person
15
Task Description
1) Hold discussions with local, state, and/or federal emergency
management agencies to identify critical individuals who can work
with the insurance department to prepare for dealing with a
disaster, including key contacts in disaster assistance agencies.
2) Obtain a list of NAIC zone disaster response coordinators and
alternate zone disaster response coordinators, and ensure that
each state within that zone maintains a list of volunteers that are
willing to participate if a disaster occurs.
3) Determine which states have signed an Emergency Management
Assistance Compact (EMAC) (Appendix 8).
•
Research and determine protocols for sharing of insurance
department personnel via EMAC for those EMAC states.
•
Establish other procedures and guidelines for sharing of
insurance department personnel with non-EMAC states.
1.2c
By Date
By X
date
annually
Responsible
Person(s)
The primary purpose of this group is to coordinate the day-to-day operations
of the command post environment to include interaction among private and
public entities, insurance department personnel and insurance industry
representatives during and following a disaster.
•
•
•
•
•
Senior deputy staff person
Senior consumer services staff person(s)
Senior claims/market conduct staff person(s)
Insurance department communications staff person
Insurance industry trade association(s) personnel (if desired)
The Command Post Task Group should be established in an insurance
department conference room, if allowed by a disaster, and be retrofitted with
workstations for (at least) 15 people, including phones, electrical and data
ports. The command post may be used to temporarily house senior members
of the insurance department and its staff, representatives from impacted
insurance companies and/or insurance community liaisons that work
together to manage communication and solve problems in the days
immediately following a disaster event.
The Command Post Task Group should operate as a communication conduit
between the general public and insurance industry.
The Command Post Task Group should oversee insurance department
satellite office(s) or temporary field office disaster-related activities. The
Command Post Task Group should ensure that each insurance department
location (insurance department headquarters and any satellite and/or
temporary field office(s)) has at least one individual specifically trained and
prepared to answer questions at town meetings and other informational
gatherings, brief the press and act to supplement information provided
through the media and other sources on the quick and effective preparation
of insurance claims information.
16
The Command Post Task Group should coordinate field office operations
established by the federal and/or state emergency management agencies. In
some instances, operating the field offices in cooperation with the Red Cross
or other disaster assistance agencies will be most effective.
Local field office(s) should address problems, solve them where possible,
oversee the areas for which the field office has responsibility, deal with local
problems and handle them from a closer vantage point. Where serious
disputes or problems arise, the field office will forward these to the command
post; otherwise, the field office will manage their own operation and only
submit daily status reports of activities.
The field office should be charged with channeling information within the
zone for which the office has responsibility. Press contacts and general
insurance information will come through this point. Insurance department
brochures or disaster response information will be made widely available
through field office(s) and the Internet.
The field office should be staffed with the appropriate number and type of
personnel from the insurance department staff and persons from other
sources as appropriate.
Note: Insurance industry personnel should be assigned to field offices on a
voluntary basis so as not to impact company operations during a catastrophe.
Task Description
1) Determine possible triggers for deciding if an insurance department
command post will be activated (the nature/extent of each disaster
may change the previously established triggers).
2) Determine where the command post will be located if activated.
3) Determine what equipment the command post personnel will need
(e.g., phones, workstations, faxes, computer hook-ups, etc.) and
communicate this information to the Logistics Task Group.
4) Determine and arrange for an alternate site in case the insurance
department headquarters are damaged/destroyed. (The command post
may be located in another state or federal agency permanent or
temporary office if more appropriate.)
5) Determine if/when the insurance department would need to activate
satellite and/or temporary field office(s) and work with the Logistics
Task Group to determine logistical/technical requirements.
6) Obtain a list of insurance community liaisons from the Insurance
Department Planning Subcommittee to contact for activation (upon
trigger being met for activating the insurance community liaisons).
7) Make available for distribution/publication written material explaining
how to prepare claims. Prepare for it to be made available through the
Internet and the command post and field office(s).
8) Establish procedures/protocol for deactivation of command posts.
17
By Date
Responsible
Person(s)
1.2d Consumer Information Hotline Task Group
The primary purpose of this group is to efficiently and effectively respond to
consumer inquiries when a disaster occurs. This group is also responsible for
monitoring and reporting complaints signaling trends in claims handling
practices, which might suggest an insurer’s inability to effectively respond as
necessary.
Senior insurance department consumer services staff person
Representative of the Volunteer Recruiting and Training Task Group
Other insurance department personnel as needed
The Consumer Information Hotline Task Group should plan for and
coordinate consumer hotline activities to ensure effective response to
consumer inquiries following a disaster.
The Consumer Information Hotline Task Group should provide insurer
contact information, as well as general information about insurance and how
to file a claim.
The Consumer Information Hotline Task Group should be prepared to provide
guidance to consumers regarding filing a complaint against an agent,
adjuster and/or insurer. (It is recommended that consumers be encouraged
to work with their agent, adjuster and/or company first to resolve any issue.)
Task Description
1) Determine desired hotline physical location (recommend location in
insurance department headquarters).
2) Establish protocol for determining when TDD lines are needed.
3) Link field offices and enable the hotline to be able to channel calls
to/from field offices. (Cellular phones or Web links should be used
with field offices until those offices are made operational with wired
phone links.) Seek assistance from the Logistics Task Group.
4) Determine alternate designated facility capable of immediate
activation in case the insurance department central facility is
damaged by the disaster.
5) Determine hardware necessary for the hotline (e.g., have phone
lines transferred to temporary office space, if necessary).
6) Determine when to activate the hotline (e.g., when disaster is
declared, when current toll-free lines are overloaded, etc.) and
when to deactivate.
7) Determine whether or when to add additional lines, and, if so, how
many (e.g., based on the number of calls received, length of
queuing time, etc.).
18
By Date
Responsible
Person(s)
Task Description
8) Establish protocols for how the hotline will function, including
shifts worked, hours of operation and structure (e.g. appoint a
team leader for each shift). These decisions should be determined
locally and depend on current disaster need, but protocols should
be established to help in aiding decision-making when activation
occurs.
Note: The prior NAIC Disaster Response Plan recommended 24-hour
hotline activation with volunteers serving 4-6 hour shifts. Florida’s
experience after Hurricane Andrew was that 8 a.m.—7 p.m. was
sufficient (no value added for longer hours). Weekends may be
optional, depending on need.
9) Determine whether to accept industry or community volunteers or
multilingual hotline staff, if long-term duration seems necessary.
10) Create list of individuals who will be designated to staff the hotline,
as well as coordinate with the Volunteer Recruitment and Training
Task Group for additional volunteers if necessary.
11) Establish notification method for hotline staff such as:
•
Insurance department Intranet or Internet notice;
•
Automated voice mail dial-in notice; or
•
Phone tree.
12) Coordinate with the Volunteer Recruiting and Training Task Group
regarding a general information kit on:
•
Claims handling process;
•
FAQs about auto, homeowners, life insurance;
•
Commonly used policy forms (e.g., top five or 10 insurers and
ISO’s forms); and
•
Coverage information related to state-specific perils (e.g.,
hurricane, earthquake, etc.—see Appendix 11 for catastrophe
perils).
13) Contact the Insurance Department Planning Subcommittee
regarding the insurance community liaisons to compile and
maintain a current list of:
•
Top five or 10 property and casualty insurers in the state;
•
Their disaster coordinator/representative; and
•
Their contact numbers, web site addresses.
14)
Compile and maintain a list of phone numbers/contacts/Web
sites for non-insurance referrals. (See Appendix 1 for
examples.)
15) Develop procedures to:
•
Publicize the hotline once activated;
•
Have local or regional emergency management agency phone
numbers to contact and advise of toll-free insurance assistance
number and Web site address (update this list annually); and
•
Publicize in other ways (press releases, public service
announcements, etc.). Work with Media Relations Task Group.
16) Determine whether the insurance department will accept other
means of communications from consumers (fax, e-mail,
department Web site) and establish logistics accordingly.
Coordinate with the Logistics Task Group.
19
By Date
Responsible
Person(s)
1.2e
The primary purpose of this group is to receive current relevant information
and disseminate such information to consumers and media prior to, during
and following a disaster. This group might also engage in public speaking
activities by providing insurance department representatives to various
locations as needed.
Insurance department media liaison, public information officer
Senior insurance department consumer services staff person
NAIC media liaison (if desired)
Insurance industry media liaison (if desired)
Task Description
1) Develop and maintain a list of all press/media outlets (both print and
electronic, including newspapers and broadcast media).
Update appropriate contact information (names, addresses, phone
numbers, e-mail addresses, Web sites).
2) Work with the Command Post Task Group and field office location
personnel to ensure that each insurance department location has an
individual specifically trained and prepared to answer questions at
town meetings and other informational gatherings. These individuals
would brief the press and then act to supplement information provided
through the media and other sources on how to quickly and effectively
prepare insurance claims information.
3) Produce and distribute brochures on disaster preparedness (in
conjunction with such materials already produced by emergency
management agencies, the insurance industry, etc.).
4) Establish procedures for the flow of information between the Combined
Resources Subcommittee and all other task groups.
1.2f
By Date
Responsible
Person(s)
The primary purpose of this group is to ensure that the department has a
sufficient number of well-trained and prepared volunteers to respond to
disaster-related consumer needs, including field duties, consumer hotline
assistance, etc.
Senior training staff person
Consumer services staff person
Administrative services staff person, as needed for training
Other insurance department staff with expertise needed for training
20
Task Description
1) Recruit, identify and confirm list of insurance department disaster
response volunteers (see Appendix 4), including:
•
Name
•
Title
•
Unit
•
Home/work phone numbers
•
Home/work address
•
Home/work e-mail address
•
Area of expertise, etc.
2) Update volunteer pool list and contact information.
3) Interview volunteers:
•
Availability status (i.e., who can be ready on a moment’s notice
versus those who may need to make arrangements to be away)
•
Multilingual abilities
•
Strengths and weaknesses
•
Disaster training and/or prior experience
•
Current insurance expertise
•
Volunteer interests for disaster duty (e.g., field duty and/or
consumer hotline duty)
4) Establish training requirements, including:
•
Who should be trained:
Command post staff
Field staff
Hotline staff, etc.
•
What training should be received:
Counseling disaster survivors
Conflict resolution
Listening skills
Insurance related
Fraud identification training
Public speaking
•
When training should occur:
Ongoing
Periodically repeated
Crash review course within 72 hours of disaster
5) Develop customized internal insurance department disaster
training.
6) Identify existing training opportunities:
•
Emergency management agencies:
Local
State
Federal
•
Insurance industry
21
By Date
Annually
or prior to
any known
“season,
i.e.,
hurricane”
Annually
Responsible
Person(s)
Task Description
7) Coordinate with the Consumer Information Hotline Task Group
regarding a general information kit on:
•
The claims handling process
•
Frequently-asked-questions about auto, homeowners, life
insurance
•
Commonly used policy forms (e.g., top 5 or 10 insurers and
ISO’s forms)
•
Coverage information related to state-specific perils (e.g.,
hurricane, earthquake, etc.)
•
Command post and/or field office contact information
Provide written materials to the Command Post Task Group for
distribution/publication.
8) Recruit, identify and confirm the list of insurance department
consumer hotline volunteers, including:
•
Name
•
Title
•
Unit
•
Home/work phone numbers
•
Home/work address
•
Home/work email address
•
Area of expertise
9) Determine whether insurance department would accept industry or
community volunteers for hotline and, if so, set protocols for
activating such volunteers (e.g., if disaster is long-term, if
multilingual volunteers are needed, qualified person retired from
insurance department, etc.).
1.2g
By Date
By X date
annually,
preferably
prior to
state’s
“disaster
season”
Responsible
Person(s)
Update
regularly.
The primary purpose of the Market Monitoring Task Group is to monitor and
evaluate information provided by the field staff (investigative/fraud related)
and the Consumer Hotline Task Group, to identify and address emergency
issues affecting the insurance industry’s response to a disaster.
Senior market conduct staff person(s)
Senior solvency staff person(s)
Senior consumer services staff person(s)
For the Disaster Response Plan to be effective, insurance regulators must
effectively communicate and coordinate efforts with the insurance industry
and insurance consumers to aggressively investigate and prevent fraudulent
claims. The sheer volume of claims activity following a disaster creates a
multitude of opportunities for dishonest people to attempt to profit from the
situation. While most claims are legitimate, many are inflated or fraudulent.
Determining the “fraud probability” of any claim is facilitated when the
adjuster/investigator is familiar with various fraud indicators.
These indicators should help isolate those claims that merit closer scrutiny.
22
No one indicator by itself is necessarily suspicious. Even the presence of
several indicators, while suggestive of fraud, does not mean that a fraudulent
act has been committed. Indicators of fraud are not evidence that fraud has
occurred. They merely suggest that a more in-depth investigation is
appropriate. All suspicious claims should be referred to the state antifraud
unit. These units typically work with the state bureau of investigation and
with the attorney general’s office for prosecution.
In the event that a disaster has occurred that affects multiple states,
information regarding individuals who have been found to have participated
in fraudulent activities should be reported to the other affected states.
Types of Fraud Following a Disaster:
Inflated property claims;
i) Claims on property that never existed
ii) Attempting to cause further damage to insured property to achieve
total loss
Policyholders submitting fictitious bills for reimbursement;
Price gauging for items that have suddenly become very high in demand;
Vendors inflating claims for services rendered;
Vendors seeking payment for work that has not been done/completed;
False death claims;
Unlicensed individuals claiming to be adjusters or public adjusters.
General Indicators of Property Insurance Fraud:
Insured is overly pushy for a quick settlement;
Insured is unusually knowledgeable regarding insurance terminology and
the claims settlement process;
Insured handles all business in person, thus avoiding the use of the mail;
Insured is willing to accept an inordinately small settlement rather than
document all claims losses;
Insured is recently separated or divorced;
Losses are incompatible with insured’s residence, occupation and/or
income;
Losses include a large amount of cash.
Fraud Indicators Associated with the Claims Process:
Insured over-documents losses with a receipt for every loss and/or
receipts for older items of property;
Insured cannot provide receipts, cancelled checks or other proof of
ownership for items of significant value;
Insured provides receipt(s) with incorrect or no sales tax figures;
Insured provides receipt(s) with no store logo (blank receipt);
Loss inventory indicates unusually high number of recent purchases;
Insured cannot recall place and/or date of purchase for newer items of
significant value,
Insured indicates distress over prospect of an examination under oath;
Insured cannot provide bank or credit card records for recent purchases of
significant value;
Insured provides receipts/invoices from same supplier that are numbered
in sequence;
Insured provides two different receipts with same handwriting or typeface;
23
Insured provides credit card receipts with incorrect or no approval code.
Task Description
1) Coordinate with Volunteer Recruiting and Training Task Group to
develop seminar/course regarding the identification of potential
market conduct, solvency issues, or fraud.
2) Report to the Executive/Policymaking Committee regarding
marketplace availability and affordability issues for deciding when
the market assistance plans may be activated.
24
By Date
Responsible
Person(s)
Activation Tasks
Section II.
2.
Immediately Before, During and Immediately After the Disaster
Task Description
1) Establish a schedule and hold regular briefings with appropriate
representatives from the Insurance Department Planning
Subcommittee, the Combined Resources Subcommittee and all
task groups.
2) Oversee and receive reports from the various task groups
designated to implement assigned disaster-related activation duties
and work with task groups to resolve any concerns/issues that
arise.
3) Give directive to activate documentation and statistical reporting
procedures pursuant to Section 24A of the Statistical Handbook of
Data Available to Regulators (NAIC). (Appendix 7)
4) Evaluate trigger activations.
2.1
2.1a
2)
3)
4)
Responsible
Person(s)
Ongoing
throughout
disaster
Task Description
1) Communicate regularly with the Executive/Policymaking Committee.
2) Monitor the activation and status of the insurance community
liaisons, the insurance disaster assessment team, the emergency
licensing of adjusters, the exceptions to common settlement
practices, mediation program and the issuance of State Emergency
Response Team (SERT) badges (if applicable).
1)
By Date
By Date
Responsible
Person(s)
Task Description
Evaluate the most recent exposure data to identify companies whose
customer base is greatest and is considered to be at high risk in
impacted areas.
Activate insurance community liaisons of affected insurance
companies and notify primary or secondary contact persons (e.g., via
teleconference).
Solicit and evaluate coverage data and loss statistics on an ongoing
basis. Compile data from the insurance community liaison disaster
reporting form.
Distribute aggregate industry data to appropriate parties. Compile
data from the insurance community liaison disaster reporting form.
25
By Date
Immediate
Responsible
Person(s)
2.1b
Mediation Program
Task Description
1) Monitor claims payment/settlement information to determine the
need to activate a mediation program (from the insurance
community liaison disaster reporting form).
2) Monitor consumer complaints to determine the need to activate a
mediation program.
2.1c
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
Task Description
1) Initiate and authorize notification to insurers of exceptions to
common settlement practices as dictated by the disaster.
2) Work with industry to resolve problems/issues, or agree on new
exceptions as the need arises.
Task Description
1) Solicit and evaluate information from appropriate task groups
regarding the need to activate the state’s market assistance plan.
2.1e
Task Description
1) Tour the affected area(s) as soon as possible to evaluate the
damage and provide initial estimates, as well as estimates of the
number of adjusters needed.
2) Work with insurance industry and local/state/federal agencies to
resolve any concerns/issues that arise.
2.1f
Ongoing
throughout
disaster
Task Description
1) Authorize the activation of procedures for emergency licensing of
adjusters if needed. (When triggers are met and a decision has
been made to activate this process.)
2) Update/authorize the list of emergency licensed adjusters and
distribute to designated insurance department staff.
26
By Date
Responsible
Person(s)
2.1g
Task Description
1) Notify insurers that adjusters with the State Emergency Response
Team (SERT) badges may enter the disaster area(s) and remind
industry what identification will be needed to enter affected area(s)
on an early basis (as soon as the insurance department is notified
by an emergency management agency that SERT adjusters may be
activated and assuming that SERT badges have been issued to
adjusters.)
27
By Date
Responsible
Person(s)
2.2
Task Description
1) Communicate with task groups and report to the
Executive/Policymaking Committee.
2.2a
By Date
Responsible
Person(s)
As
necessary
Task Description
1) Activate all communications with designated representatives.
2) Contact NAIC zone disaster response coordinators and alternate
zone disaster response coordinators to coordinate needs,
information, etc.
3) Identify and report known resource needs that may be addressed
by other organizations.
4) Solicit and review information regarding any requests for or offers
of assistance from other states. Observe Emergency Management
Agency Compact (EMAC) process, if requesting/offering states are
EMAC members, or work with the state directly.
5) Report regularly to the Combined Resources Subcommittee.
2.2c
Responsible
Person(s)
Task Description
1) Implement all necessary technical requirements requested by other
task groups.
2) Respond to and resolve logistical and technical issues that arise
with Disaster Response Plan activation duties (as needed).
3) Activate all implementation plans as dictated by magnitude of the
disaster.
4) Document implementation issues for future reference and
planning.
5) Report to the Combined Resources Subcommittee.
2.2b
By Date
By Date
Responsible
Person(s)
Task Description
1) Determine whether the disaster dictates activating the command
post and if so, designate location, staffing, etc., using previously
accepted triggers to guide decision-making.
2) Establish the necessary number and locations of temporary
disaster field offices, following the occurrence of a disaster (may be
in an existing state or federal office). Notify Logistics Task Group to
set up command post, logistics and technical requirements.
3) Coordinate the placement of insurance department staff and
insurer representatives in the affected areas as soon as possible.
Task Description
By Date
Disaster
declared
By Date
28
Responsible
Person(s)
Responsible
Person(s)
4) Cooperate with the appropriate federal and state agencies and the
insurance industry concerning early damage assessment and
granting insurance professionals the earliest possible access to the
disaster site.
5) Receive feedback on location and scope of the disaster from
appropriate sources in the field.
6) Determine whether insurance community liaisons and/or other
industry representatives should be present in the command post
and if so, notify primary and/or secondary contacts.
7) Determine the number of insurance department personnel needed
to staff the command post and any insurance department satellite
and/or temporary field offices and request accordingly.
8) Continue to assess the scope of the disaster and provide resources
necessary to implement and carry out the Disaster Response Plan.
9) Communicate useful information to local, state and/or federal
emergency management personnel and consumers in affected
area(s) via insurance department satellite and/or temporary field
offices or by other means.
10) Receive status reports from insurance department satellite and/or
temporary field offices and monitor their activities.
11) Report to the Combined Resources Subcommittee.
Ongoing
during the
disaster
Daily
As needed
Task Description
1) Staff and activate the hotline at an appropriate location as directed
by the Executive/Policymaking Committee or Combined Resources
Subcommittee.
2) Request activation of other communication options (if needed).
3) At the direction of the Combined Resources Subcommittee, set
hotline hours of operation.
4) Notify hotline volunteers of duties and shifts.
5) Distribute hotline kit materials from the Volunteer Recruiting and
Training Task Group to staff/volunteers.
6) Provide regular reports to the Combined Resources Subcommittee
regarding the need for additional lines.
7) Notify the Combined Resources Subcommittee of the need for
additional volunteers or volunteers with multilingual skills.
8) Monitor and track the types and nature of disaster-related calls and
provide information to command post for appropriate dissemination.
9) Coordinate with the Volunteer Recruiting and Training Task Group
to ensure that volunteers receive a refresher course prior to hotline
activation and on an ongoing basis as warranted.
29
By Date
Immediate
Responsible
Person(s)
2.2e
Task Description
1) Provide guidance or qualified speakers to address issues raised at
town meetings.
2) Distribute press releases, public service announcements and other
advisory information to units of the government throughout the
disaster area so they may reproduce them for local residents if
desired. (Contact the NAIC for assistance in bulk reproduction, if
necessary.)
3) Work with the Consumer Information Hotline Task Group to
publicize the hotline.
4) Maintain constant communication with the command post and
insurance department satellite and/or temporary field office(s) to
coordinate information flow so that information supplied to media
is consistent, accurate and timely.
5) Provide any media needs throughout the disaster.
2.2f
By Date
Responsible
Person(s)
Task Description
1) Determine from the Executive/Policymaking Committee and/or
Consumer Information Hotline Task Group whether the volunteer
pool should be activated, and for which volunteers (e.g., command
post, field duties, hotline duties or all).
2) Discuss insurance department volunteer status with appropriate
managers to ensure that internal staffing needs are still being met
if volunteers participate in disaster activities.
3) Determine from Combined Resources Subcommittee whether
industry and/or community volunteers are needed.
4) Notify activated volunteers according to previously established
notification protocol.
5) Assure that volunteer kits contain all necessary supplies.
6) Work with the Logistics Task Group to ensure that volunteers have
all the logistical/technical equipment necessary and that all
equipment is in working order (e.g., cell phones, laptops, pagers,
etc.).
7) Provide volunteers with refresher courses, if necessary.
8) Monitor volunteer activity and provide additional training,
volunteer replacements, etc., as needed.
9) Report volunteer pool information and status to the command post.
10) Collect information from field staff and report to:
•
•
•
Volunteer groups going to the field
30
By Date
Daily or
as
necessary
Responsible
Person(s)
2.2g
Task Description
1) Participate in meetings held by the Command Post Task Group,
Consumer Information Hotline Task Group and others to solicit
feedback regarding potential market response issues.
2) Document findings and initiate appropriate research or investigation
as appropriate (see insurance fraud indicators listed in Section 1.2g).
3) Recommend action to the Executive/Policymaking Committee,
insurance department insurer solvency unit or legal unit.
31
By Date
Ongoing
As
necessary
Responsible
Person(s)
Section III. Post Disaster Tasks
3.
Task Description
1) Coordinate debriefing meetings with key industry representatives.
2) Conduct debriefing of all Executive/Policymaking Committee
members, Insurance Department Planning Subcommittee and
Combined Resources Subcommittee members to document
suggestions for improvement to the Disaster Response Plan.
3) Ensure that documentation and statistical reporting procedures
are completed pursuant to Section 24A of the Statistical Handbook
of Data Available to Regulators (NAIC) (Appendix 7).
4) Participate in any legislative or rule-making process that develops
from the disaster event.
5) Review and update procedures as needed.
3.1
3.1a
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
Task Description
1) Solicit input regarding the success of the insurance department in
activating and communicating with the insurance community
liaisons during the disaster.
2) Review comments and update procedures as needed.
3.1b
2)
3)
4)
5)
Responsible
Person(s)
Task Description
1) Attend debriefing with the Executive/Policymaking Committee.
2) Evaluate success of the insurance community liaisons, the
insurance disaster assessment team, the emergency licensing of
adjusters, the exceptions to common settlement practices and the
mediation program, and formulate any needed plan improvements.
3) Compile and summarize reports, documents and statistics
submitted by the insurance community.
4) Coordinate the distribution of data to the public in conjunction
with state confidentiality laws.
1)
By Date
Mediation Program
Task Description
Activate program and notify insurance industry that activation has
occurred.
Publicize program so that consumers are aware of its existence.
Monitor program activity.
Evaluate program success and need for continuance.
Review and update procedures as needed.
32
3.1c
Task Description
1) Hold debriefing meetings regarding exceptions to practices to
evaluate success.
2) Review and update procedures as needed.
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
Task Description
1) Determine whether market assistance plans should be activated
and determine scope.
2)
3)
4)
5)
6)
Recommendation: A market assistance plan may be considered if
a disaster disrupts the operations of the state’s normal voluntary
insurance markets to a significant extent. Information that might
lead insurance regulators to conclude that market assistance plans
should be established would include a significant increase in the
number of complaints about the availability of insurance coverage
being sought by consumers or businesses.
Submit market assistance plan proposals to the
Commissioner/Director for approval and implementation (by rule
or other procedure if necessary).
Monitor the market assistance plan’s activity.
Evaluate the market assistance plan’s success.
Deactivate the market assistance plan as determined by preestablished protocols.
3.1e
Task Description
1) Debrief team members and volunteer pool participants and provide
recommendations for improvement to the Insurance Department
Planning Subcommittee.
2) Conduct formal debriefing with the Insurance Department
3) Evaluate insurance disaster assessment team procedures.
3.1f
Task Description
1) Evaluate execution of the emergency licensing procedures.
2) Make recommended changes as necessary.
33
3.1g
Task Description
1) Evaluate execution of State Emergency Response Team (SERT)
badges (if applicable).
2) Make recommended changes as necessary.
34
By Date
Responsible
Person(s)
3.2
1)
2)
3)
4)
5)
Task Description
Conduct a formal debriefing following any disaster where the
Combined Resources Subcommittee action plans are activated.
This may be in addition to or in lieu of a bi-annual meeting (or
other scheduled meeting).
Receive reports from the task groups as to status, ongoing needs
and concerns, and suggestions for future improvement to the
Host a fact-finding meeting to assess the effectiveness of advanced
preparations.
Recommend appropriate amendments to the Disaster Response
Plan.
3.2a
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
Task Description
1) Conduct a formal debriefing to document outstanding and/or
closed issues.
2) Review and update procedures.
3.2c
Responsible
Person(s)
Task Description
1) Debrief task group members and working staff.
2) Provide recommendations for improvements to the Combined
3) Verify inventory and condition of information technology resources.
4) Provide damage assessment or loss reports to the Combined
5) Deactivate any temporary systems as conditions dictate.
3.2b
By Date
Task Description
1) Deactivate the command post and satellite/temporary field office(s)
as determined by pre-established protocols.
2) Notify all appropriate parties of deactivation when pre-established
triggers are met, or when the Commissioner/Director determines
what is no longer necessary.
3) Conduct debriefing of all command post participants, satellite
and/or temporary field staff personnel, and provide
recommendations for improvements to the Combined Resources
Subcommittee.
35
Task Description
1) Deactivate the hotline when pre-established protocols are met or
the Commissioner/Director determines it is no longer necessary.
2) Coordinate with the Media Relations Task Group to publicize
deactivation of the hotline.
3) Debrief task group members and volunteer pool participants.
3.2e
By Date
Responsible
Person(s)
Task Description
1) Debrief task group members and volunteer pool participants.
3) Update the volunteer kits according to debriefing
recommendations.
3.2g
Responsible
Person(s)
Task Description
1) Conduct debriefing of the task group, media contacts and others
affected by the task group’s activities.
2) Provide recommendations for improvement to the Combined
3) Publish statistics as directed by the Executive/Policymaking
Committee.
3.2f
By Date
By Date
Responsible
Person(s)
By Date
Responsible
Person(s)
Task Description
1) Conduct or participate in debriefing meetings of appropriate task
groups to further document market response issues.
2) Document findings and recommend action to the
Executive/Policymaking Committee, insurer solvency unit or legal
unit, as warranted.
36
Appendices
to the
NAIC Disaster Response Plan Handbook
37
38
Appendix 1: Referral Sources for Consumers
Other state and federal regulatory agency contact information1
Name
FEMA
(Federal
Emergency
Management
Agency)
SEMA (State
Emergency
Management
Agencies)
National
Flood
Insurance
Program
Mission
Helping people before, during and
after disasters.
Has a mission to lead America to
prepare for, prevent, respond to
and recover from disasters with a
vision of “A National Prepared.”
“…To protect the lives and
properties of each state when major
disasters threaten public safety in
any city, county or region of each
state. SEMA responds to two types
of disasters - natural and
manmade. SEMA is also
responsible for developing a State
Emergency Operations Plan which
coordinates the actions of State
government departments and
agencies in the event of any
emergency requiring use of State
resources and personnel.”
The Federal Insurance &
Mitigation Administration
(FIMA) manages the National
Flood Insurance Program and
oversees FEMA's mitigation
programs.
The
National Flood Insurance
Program, Program Description
offers a more detailed overview
and history of the program.
Address, Phone
Information
FEMA
500 C Street, SW
Washington, D.C. 20472
Phone: 202-566-1600
800-462-9029
E-Mail
Missouri Emergency
Management Agency
P.O. Box 16
2302 Militia Drive
Jefferson City, MO
65102
(573) 526-9100
(573) 634-7966 FAX
http://www.se
ma.state.mo.u
s/semapage.ht
m
Region VII
(IA, KS, MO, NE)
http://www.fe
ma.gov/nfip/
2323 Grand Blvd,
Suite 900
Kansas City, MO 641082670
816-283-7061
Or
601 N. Mur-Len Rd.
Suite 13-B
Olathe, KS 66062-5445
913-780-4238
fax: 913-780-4368
800-638-6620
1
Web Site
http://www.fe
ma.org/
Some information relates to the state of Missouri but can be used to access your local agency.
39
Name
Address, Phone
Information
Mission
American Red Although the American Red
Cross
Cross is not a government
agency, its authority to provide
disaster relief was formalized
when, in 1905, the Red Cross
was chartered by Congress to
"carry on a system of national
and international relief in time
of peace and apply the same in
mitigating the sufferings caused
by pestilence, famine, fire,
floods, and other great national
calamities, and to devise and
carry on measures for
preventing the same." The
Charter is not only a grant of
power, but also an imposition of
duties and obligations to the
nation, to disaster victims, and
to the people who generously
support its work with their
donations.
National
The NRC is the sole federal
Response
point of contact for reporting oil
Center
and chemical spills. If you have
a spill to report, contact us via
our toll-free number or check
out our Web Site for additional
information on reporting
requirements and procedures.
Medical
The U.S. Army Medical
Research
Research Institute of Infectious
Institute of
Diseases (USAMRIID) conducts
Infectious
research to develop strategies,
Diseases
products, information,
(biological)
procedures, and training
programs for medical defense
against biological warfare
threats and naturally occurring
infectious diseases that require
special containment.
USAMRIID, an organization of
the U.S. Army Medical Research
and Materiel Command
(USAMRMC), is the lead medical
research laboratory for the U.S.
Biological Defense Research
Program. The Institute plays a
key role in national defense and
in infectious disease research
as the largest biocontainment
laboratory in the Department of
Defense (DOD) for the study of
hazardous diseases.
E-Mail
Web Site
info@kcredcr http://www.kc
American Red Cross
oss.org
redcross.org/
Greater KC Chapter
211 W Armour Blvd.
Ph: 816-931-8400
Fax: 816-531-7306
800-424-8802
For those without 800
access, please contact
us at 202-267-2675.
The NRC operates 24
hours a day, 7 days a
week, 365 days a year.
NRC Duty
Officer
Commander
USAMRIID
Attn: MCMR-UIZ-R
1425 Porter St.
Fort Detrick
Frederick, MD 217025011
888-872-7443
USAMRIIDwe http://www.us
b
amriid.army.m
@amedd.arm il
y.mil
40
lst-nrcinfo
@comdt.uscg
.mil
http://www.nr
c.uscg.mil/
nrchp.html
Name
Centers for
Disease
Control and
Prevention
(CDC)
FBI
Address, Phone
Information
Mission
The Centers for Disease Control
and Prevention (CDC) is
recognized as the lead federal
agency for protecting the health
and safety of people - at home
and abroad, providing credible
information to enhance health
decisions, and promoting health
through strong partnerships.
CDC serves as the national
focus for developing and
applying disease prevention and
control, environmental health,
and health promotion and
education activities designed to
improve the health of the people
of the United States.
The FBI's Field Offices are
located in major cities
throughout the United States
and in San Juan, Puerto Rico.
In addition, resident agencies
are maintained in smaller cities
and towns across the country.
The FBI encourages the public
to report any suspected
violations of U.S. federal law.
You can do so by calling your
local FBI office.
Police Dept
The mission of the Kansas City,
Missouri Police Department is
to protect life and property,
preserve the public peace,
prevent crime and reduce fear
and disorder in partnership
with the community.
Capitol Police Missouri Department of
Transportation
Missouri Capitol Police
The Department of Public
Safety will enhance the safety
and security of Missouri
citizens through:
Promoting and coordinating
efforts that contributes to the
state’s public safety
Enforcing laws and regulations,
as well as providing services
that are within its jurisdiction
Planning and coordinating
response, recovery and
mitigation efforts in the event of
natural or manmade disaster
Public Inquiries
(404) 639-3534
(800) 311-3435
Centers for Disease
Control and Prevention
1600 Clifton Rd.
Atlanta, GA 30333
E-Mail
Web Site
http://www. http://www.cd
cdc.gov/netin c.gov/
fo.htm
FBI Kansas City
1300 Summit
Kansas City,
MO 64105-1362
(816) 512-8200
kansascity.fbi.
gov
Kansas City Policy
Department
http://www.kc
pd.org/
1125 Locust St
Kansas City, Missouri
64106
816-234-5000
MCPolice@dp http://www.dp
Harry S. Truman
s.state.mo.us s.state.mo.us/
Building, Suite 101
home/dpshom
Post Office Box 36
e.htm
Jefferson City, Missouri
65102-0036
Phone: 573-751-2764
Emergency:
573-522-2222
Fax: 573-526-3898
ORI : MO0261700
41
Name
Fire
Department
Emergency
Medical
Services
MO State
Highway
Patrol
State Fire
Marshal
Address, Phone
Information
Mission
The Kansas City, Missouri Fire
Departments Mission is to
provide a resource of competent,
caring and capable assistance to
the citizens and guests of our
community. Every encounter
with a citizen or guest is an
opportunity to fulfill our
mission. Each member of this
agency must stand committed
to deliver his or her very best
ability with each opportunity to
serve.
The National Highway Traffic
Safety Administration's (NHTSA)
mission is to save lives, prevent
injuries and reduce trafficrelated health care and other
economic costs. The goal of
NHTSA's EMS Division is to
develop/enhance
comprehensive emergency
medical service systems to care
for the injured patients involved
in motor vehicle crashes. We
are proud of the fact that
improving EMS systems for the
highway crash patients has a
positive effect on all patients.
Protection Missouri’s Highways
Since 1931
“Dedicated to Service and
Protection”
Missouri State Fire Marshal’s
Office
E-Mail
Web Site
E-mail:
http://www.fir
Kansas City, Missouri
kcfd@kcmo. e-ems.net/
Fire Department
org
22nd floor, City Hall
414 E. 12th Street
Phone: 816-513-1700
Fax: 816-513-1712
State Emergency
Services Coordinator
Robert E. Dopp,
Executive Director
Dept. of Public Safety—
MERC
2303 Militia Drive
Jefferson City, MO
65101
573-526-9237
573-526-9261
http://www.n
htsa.dot.gov/p
eople/injury/e
ms/
PO Box 568, Jefferson
City, Missouri 6510
http://www.m
shp.state.mo.u
s/
Effective March 1, 2003
2401 E. McCarty
The MISSION of the Division of Fire P.O. Box 844
Jefferson City, MO 65101
Safety is to provide fire and life
573-751-2930
safety enforcement and education
FAX 573-751-1744
to all citizens so they receive the
highest quality of services to ensure
safety and a sense of well-being.
42
[email protected] http://www.m
tate.mo.us
dfs.state.mo.us
/
Appendix 2: Market Assistance Plans
I.
A.
FLORIDA STATUTE: Title XXXVII Chapter 627, View Entire Chapter,
Insurance Rates and Contracts 627.3515 Market assistance plan; property
and casualty risks.—
(1)
The department shall adopt a market assistance plan to assist in the
placement of risks of applicants who are unable to procure property
insurance as defined in s. 624.604 or casualty insurance as defined in s.
624.605(1)(b), (e), (f), (g), or (h) from authorized insurers when such insurance
is otherwise generally available from insurers authorized to transact and
actually writing that kind and class of insurance in this state. Through such
measures as are found appropriate by the board of governors, the market
assistance plan shall take affirmative steps to assist in the removal from the
Residential Property and Casualty Joint Underwriting Association any risk
that can be placed in the voluntary market. All property and casualty
insurers licensed in this state shall participate in the plan.
(2)
(a)
Each person serving as a member of the board of governors of the
Residential Property and Casualty Joint Underwriting Association shall
also serve as a member of the board of governors of the market
assistance plan.
(b)
The plan shall be funded through payments from the Residential
Property and Casualty Joint Underwriting Association and annual
assessments of residential property insurers in the amount of $450.
(c)
The plan is not required to assist in the placement of any workers’
compensation, employer’s liability, malpractice, or motor vehicle
insurance coverage.
B.
FAQ (Frequently Asked Questions)
What does FMAP do?
FMAP is a service organization primarily dedicated to helping consumers find
property and casualty insurance coverage from authorized insurers in the private
market. FMAP also assists in depopulating the Florida Residential Property and
Casualty Joint Underwriting Association.
Is FMAP a state-run organization?
No. FMAP was created by the Florida Legislature in 1985, but it is a private nonprofit organization funded primarily by annual assessments on insurers authorized
to write property and casualty insurance in Florida.
Are the agents in FMAP’s Referral Database licensed?
All agents in the database are licensed with the Florida Department of Insurance.
For more information on agents and insurance companies, please access the Florida
Department of Insurance link at the following web site http://www.fldfs.com/
Companies/ or call 800-342-2762.
43
How does FMAP obtain its agent referral information?
Agents who are appointed with admitted or authorized companies writing property
and casualty insurance in Florida complete a questionnaire, and the information
contained on the questionnaire is entered into our database. Periodically, FMAP
surveys ill licensed property and casualty insurance agents in Florida to update its
referral database.
Is FMAP’s referral service free to consumers?
Yes. There is no charge to consumers no matter how many times the consumer
calls. Even the call 800-524-9023 is toll-free.
How many calls does FMAP’s Customer Service Center receive daily?
The Customer Service Center receives, on average, 100 calls daily. About 50% of the
calls are from Dade, Broward and Palm Beach Counties.
Why does FMAP charge a fee for providing agents with lists of FRPCJUA
policies? Is personal information about the policyholders included in the list?
Florida law requires FMAP to help depopulate the FRPCJUA. One method FMAP
uses is to produce reports of JUA policies for subscribing agents. The annual fee of
$25 per report pays for the expense of preparing and mailing the reports. Florida law
also restricts the type of information FMAP can provide. For example, the JUA
policyholder’s Social Security number, date-of-birth and other personal information
is excluded in the reports. Also, the information that is provided must remain
confidential.
If you have additional questions or concerns, please call us at 800-524-9023, from
Monday to Friday 8 a.m. to 5 p.m.
C.
Agent Referral Service
FMAP’s Agent Referral Service can help you, the agent, expand your business by
referring consumers to you who are seeking the kind of insurance you can write.
Florida law requires FMAP to assist consumers in locating all lines of property and
casualty insurance with the exception of workers’ compensation, employer’s liability,
malpractice and motor vehicle coverage.
FMAP’s Customer Service Center maintains a database of information on individual
agents, and when consumers call the FMAP Customer Service Center, the FMAP
representative provides them with a list of agents who can write the desired coverage
within the consumer’s geographic area.
Interested? To sign up, print, complete and fax the Property and Casualty Insurance
Questionnaire to 850-513-3810, or mail it to the Florida Market Assistance Plan, P.
0. Box 1637, Tallahassee, FL 32302-1637. To ensure that FMAP refers only those
consumers to whom you are able to offer insurance coverage, please provide
complete information for each company you represent.
D.
Consumer Service
Do you need assistance in locating insurance for your property or business? FMAP
can help! FMAP maintains an extensive database that stores information on
individual agents and the types of policies that they can write. In 1998, FMAP’s
44
Customer Service Center assisted over 31,000 consumers seeking insurance
coverage.
When you call the FMAP Customer Service Center, the FMAP Representative
provides you with names and telephone numbers of agents in your geographic area
who can write the type of policy you need.
Please don’t delay -call us now at 800-524-9023. The call is free and we’re here to
help from 8 a.m. to 5 p.m. EST Monday through Friday.
E.
Commercial Application Program
The Commercial Application Program assists commercial residential risks
(condominium associations, apartment buildings and homeowners’ associations) in
finding coverage in the voluntary market. In 1998, FMAP marketed over 600
commercial residential risks to agents and companies.
If a commercial residential risk is unable to locate coverage, the producing agent
may submit an application to FMAP for marketing. All new and renewal FRPCJUA
commercial residential applications must be submitted to FMAP. FMAP contacts
potential markets and sends the applications to authorized insurers or agents who
are interested in writing the risks.
If a qualified quote is obtained for a commercial residential risk, FMAP will send the
producing agent a Letter of Ineligibility for FRPCJUA coverage. If FMAP is unable to
place the commercial residential risk with an authorized insurer, FMAP will send a
Letter of Unavailability to the producing agent, and the risk may then be submitted
to the FRPCJUA.
To participate in this program click on the Property and Casualty Insurance
Questionnaire, print and complete the applicable sections of the form, specifically
the agent and agency information; Section II -Commercial Residential; and Section
IV -Counties. Fax the completed form to 850-513-3811, or mail it to the Florida
Market Assistance Plan, P. 0. Box 1637, Tallahassee, FL 32302-1637.
For additional information on the Commercial Application Program, please call 850513-3807 or 800-675-5342.
II.
Maine Insurance Code: Title 24-A Chapter 25: Rates and Rating Organization
Subchapter 1: General Provisions §2325-A. Market assistance plans.—
1.
Establishment. Whenever a particular type of insurance is unavailable or
unaffordable, the superintendent may establish a market assistance plan.
2.
Definition. For purposes of this section a “market assistance plan” is a
voluntary agreement between the Bureau of Insurance and insurers that the
Maine Legislature insurers will write insurance at an agreed upon rate for
those persons or groups that are unable to obtain coverage.
3.
Notification. Whenever the superintendent determines that a market
assistance plan is needed, the superintendent shall notify all insurers
authorized to write the type of insurance covered by the plan that a market
assistance plan is being established and their participation in the plan is
requested.
45
4.
5.
III.
Participation. Each insurer receiving a notice referred to in subsection 3,
shall respond within 30 days to the notice. Their response shall indicate the
extent to which they are willing to participate and any reasons why they do
not wish to participate or only wish to participate on a limited basis.
Report. The superintendent shall report to the joint standing committee of the
Legislature having jurisdiction over insurance by January30thofeach year
whether there is, or may be, within the year a lack of availability in any line of
insurance.
Ohio Statutes: Insurance Laws Chapter 3930—Commercial Market Assistance
Plan; Commercial Insurance Joint Underwriting Association.—
3930.02 Establishment of plan
(A)
The Ohio commercial market assistance plan is hereby established to assist
in the placement of commercial insurance risks located in this state. The plan
shall operate under the auspices of the department of insurance and shall
attempt to be self-supporting. If, however, the fees collected pursuant to
division (C) of this section are not adequate to make the plan self-supporting,
the balance of the cost of operating the plan shall be borne by the
department. The plan is not an insurer and is not authorized to assume
insurance risks.
(B)
Only written requests for assistance meeting all of the plan criteria shall be
eligible for assistance by the plan.
(C)
Each request for assistance shall be in writing and shall be submitted by a
licensed Ohio agent or broker and accompanied by a fee, which shall be paid
by the applicant for assistance and made payable to the “Ohio commercial
market assistance plan.” Each request also shall be accompanied by a
statement of the agent or broker, in accordance with procedures, standards,
and requirements set forth in rules adopted by the superintendent of
insurance, that at least three insurance companies have been contacted for
the issuance of insurance and that coverage was not available from those
companies. The fee shall be reasonable and determined by the plan after
consultation with the superintendent.
(D)
(1)
In the event the coverage is placed through the plan with a request for
assistance submitted by an agent not appointed by the insurer and the
insurer assigns another agent to service the insured, the insurer shall
pay the agent a producing fee from the commission with the remaining
balance of the commission paid to the agent assigned by the insurer to
service the insured.
(2)
The plan shall not be considered a party to the relationship among
insured, agent, and insurer.
(E)
The superintendent of insurance shall appoint an executive committee, within
thirty days of the effective date of this section, to administer the plan. The
executive committee may appoint such other committees it considers
appropriate to execute the purpose of the plan. The executive committee for
the plan shall consist of nine members. Five members shall be
46
representatives of commercial insurers and four shall be insurance agents,
two of whom shall be representatives from excess surplus lines brokers. The
superintendent shall serve as an ex-officio member of the executive
committee. The executive committee shall develop a detailed written plan of
operation. The plan of operation or any amendments thereto shall be
submitted to the superintendent for approval within thirty days of the
appointment of the executive committee. The plan of operation or
amendments thereto shall be approved or disapproved by the superintendent
within thirty days of submission by the executive committee or shall be
deemed approved if the executive committee is not otherwise notified within
the thirty-day period. The superintendent’s disapproval shall be for specific
reasons stated in writing. If the superintendent disapproves the proposed
plan of operation, the executive committee shall, within fifteen days, submit
for approval an appropriately revised plan of operation. If the executive
committee fails to submit a revised plan, or if the revised plan submitted is
unacceptable, the superintendent shall adopt a plan of operation.
(F)
The superintendent may suspend or reactivate the plan of operation.
(G)
(1)
The executive committee shall designate a fiscal agent for the plan. The
fiscal agent is authorized to receive and hold funds submitted to the
plan and to disburse them to pay reasonable and necessary expenses
of the plan. The funds may be used for the necessary expenses of the
plan, including but not limited to printing, postage, rent, mailing,
telephone, and such other expenses incurred by the plan as the
executive committee deems appropriate.
(2)
The fiscal agent shall maintain books and records of all receipts and
disbursements and shall submit financial statements as requested by
the executive committee of the plan. The superintendent or any
executive committee member shall have access to such books and
records during normal business hours.
(3)
The fiscal agent shall maintain a bank account under the name of the
“Ohio commercial market assistance plan.” All checks drawn upon the
account of the plan shall bear the signatures of the fiscal agent and
another person duly authorized by the executive committee.
(4)
If a surplus of funds exists at any time the plan is suspended, the then
existing surplus shall be disbursed to the state treasury to the credit of
the operating fund of the department of insurance.
(5)
Upon approval of the plan of operation and with the approval of the
existing Ohio MAP committee established by the department of
insurance and the executive committee of the Ohio commercial market
assistance plan, all assets and all submitted questionnaires of the
existing Ohio MAP committee may be transferred to the Ohio
commercial market assistance plan and all questionnaires submitted
to the existing Ohio MAP committee may be transferred to the Ohio
commercial market assistance plan.
47
(6)
IV.
There shall be no liability on the part of and no cause of action of any
nature shall arise against any insurer, broker, agent, or any employee
of the foregoing, employee or executive committee member of the Ohio
commercial market assistance plan, or the superintendent of
insurance or his representatives for any action taken by them in the
performance of their powers and duties under sections 3930.01 to
3930.18 of the Revised Code.
Oregon Insurance Code: Alternative Insurance Chapter 737: Market Assistance
Plans; Joint Underwriting Associations.—
Sec. 735.200 Legislative findings; purpose.
(1)
The Legislative Assembly finds that:
(a)
Some businesses and service providers in Oregon have experienced
major problems in both the availability and affordability of commercial
liability insurance. Premiums for such insurance policies have recently
grown as much as 500 percent and the availability of such insurance
in Oregon markets has greatly diminished.
(b)
These businesses and service providers are essential to achieve goals
such as increased workforce productivity, family self-sufficiency and
the maintenance and improvement of the health of the citizens of
Oregon. The lack of adequate commercial liability insurance threatens
these businesses and services.
(2)
The Legislative Assembly therefore declares it is the purpose of ORS 735.200
to 735.260 to remedy the problem of unavailable commercial liability
insurance for these businesses and service providers by authorizing the
Director of the Department of Consumer and Business Services to assist in
the establishment of a market assistance plan for providing commercial
liability insurance for these businesses and service providers, or, if necessary,
by requiring all insurers authorized to write commercial liability insurance in
Oregon to be members of one or more joint underwriting associations created
to provide commercial liability insurance for these businesses and service
providers. [1987 c.774 §73]
Sec. 735.205 Definitions for ORS 735.200 to 735.260. As used in ORS 735.200
to 735.260:
(1)
“Joint underwriting association” means a mechanism requiring casualty
insurers doing business in Oregon to provide commercial liability insurance
to certain businesses and service providers on either an assigned risk basis
or through a joint underwriting pool underwritten to standards adopted
under the Insurance Code.
(2)
“Market assistance plan” means a mechanism through which admitted
casualty insurers in this state provide commercial liability insurance for
classes of risks designated by the Director of the Department of Consumer
and Business Services. [1987 c.774 §74]
Sec. 735.210 Formation of market assistance plans.
(1)
After a public hearing, the Director of the Department of Consumer and
Business Services may by rule require insurers authorized to write and
writing commercial liability insurance in this state to form a market
assistance plan to assist businesses and service providers unable to purchase
specified classes of commercial liability insurance in adequate amounts from
either the admitted or nonadmitted market.
(2)
The market assistance plan shall operate under a plan of operations prepared
by admitted insurers, eligible surplus line insurers and agents, and approved
by the director. [1987 c.774 §75]
48
V.
Texas Regulations Texas Administrative Code: TITLE 28.—INSURANCE Part I—
Texas Department of Insurance, Chapter 5—PROPERTY AND CASUALTY
INSURANCE, Subchapter N.—Residential Property Insurance Market Assistance
Program
28 TAC § 5.9400 Residential property insurance market assistance program executive
committee
Former Citation 28 TAC § 5.10000
(a)
Purpose and Scope of this Section. Adopted pursuant to Texas Civil Statutes,
Article 6252-33, which governs State Agency Advisory Committees, the purpose of
this section is to specify the purpose, task, reporting requirements, membership
composition, and duration of the Residential Property Insurance Market Assistance
Program Executive Committee (the Executive Committee), which operates pursuant
to the Insurance Code, Article 21.49-12.
(b)
Purpose of the Executive Committee. The purpose of the Executive Committee is to
assist the Commissioner in the administration of the Residential Property Insurance
Market Assistance Program (MAP) as authorized by the Insurance Code,
Article 21.49-12.
(c)
Tasks. The tasks of the Executive Committee are specified in the Insurance Code,
Article 21.49-12 and include those tasks specified in the following paragraphs
(1)-(7).
(1)
The Executive Committee shall develop and submit a MAP plan of operation
to the Commissioner for consideration of adoption by rule.
(2)
The Executive Committee shall advise and consult with the Commissioner in
the administration of the MAP.
(3)
The Executive Committee shall review the demand for and performance of the
MAP six months following the approval of the plan of operation, and at least
annually thereafter as necessary, and report to the Commissioner as to the
necessity for continued operation of a voluntary MAP, need for establishment
of a mandatory MAP, or the need for establishment of a FAIR Plan pursuant
to the Insurance Code, Article 21.49A or make other recommendations to the
Commissioner that the Executive Committee deems appropriate.
(4)
The Executive Committee may advise the Commissioner on the need for
subcommittees to carry out MAP functions.
(5)
The Executive Committee shall advise the Commissioner on what information
is needed for the Executive Committee’s periodic review of the MAP.
(6)
The Executive Committee may advise the Commissioner on any other rules in
addition to the plan of operation that are needed to implement the MAP.
(7)
The Executive Committee shall perform other tasks as requested by the
Commissioner pursuant to the Insurance Code, Article 21.49-12.
49
(d)
(e)
(f)
Reporting Requirements. The reporting requirements of the Executive Committee are
specified in the Insurance Code, Article 21.49-12 and include those requirements
outlined in the following paragraphs (1)-(3).
(1)
The Executive Committee shall, within 180 days following the August 28,
1995 effective date of Article 21.49-12, develop and submit the MAP plan of
operation to the Commissioner for consideration for adoption by rule.
(2)
The Executive Committee shall review the demand for and performance of the
program six months following the approval of the plan of operation, and at
least annually thereafter as necessary, and report to the Commissioner as to
the necessity for continued operation of a voluntary MAP, need for
establishment of a mandatory MAP, or the need for establishment of a FAIR
Plan pursuant to the Insurance Code, Article 21.49A or make other
recommendations to the Commissioner that the Executive Committee deems
appropriate.
(3)
The Executive Committee shall provide, at the time as requested by the
Commissioner, any other reports or information requested by the
Commissioner and necessary to the Commissioner for the implementation of
the Insurance Code, Article 21.49-12.
Membership.
(1)
Appointed by the Commissioner pursuant to the Insurance Code,
Article 21.49-12 § 3, the Executive Committee is composed of 11 members:
five members who represent the interests of insurers, four public members,
and two members who are licensed local recording agents.
(2)
The Commissioner or the Commissioner’s designated representative shall be
an ex officio member of the Executive Committee and must be present in
every meeting of the Executive Committee.
(3)
Any appointee resigning from the Executive Committee shall be replaced by
the Commissioner with another appointee representing the same
constituency as the resigning appointee.
Duration. Pursuant to the Insurance Code, Article 21.49-12, § 6(b), the MAP
program shall be terminated only upon approval of the Commissioner of Insurance,
but in no event earlier than 48 months following the commencement date of the
initial plan of operation. Termination of the MAP shall constitute termination of the
membership and operation of the Executive Committee.
28 TAC § 5.9403 Definitions
The following words and terms when used in this plan of operation, which is contained in
§§ 5.9401—5.9415 of this title (relating to the Residential Property Insurance Market
Assistance Program Plan of Operation), shall have the following meanings unless the
context clearly indicates otherwise.
50
(1)
Agent commissions—The portion of the premium paid by an insurer participating in
the Residential Property Insurance Market Assistance Program for production of the
residential property insurance business pursuant to Article 21.49-12 § 4 of the
Insurance Code.
(2)
Application—The form promulgated by the Texas Department of Insurance to be
completed by an applicant and the originating agent and submitted to the Texas
Department of Insurance or completed by an applicant and the Department to apply
for assistance in obtaining residential property insurance through the Residential
Property Insurance Market Assistance Program.
(3)
Commissioner—Commissioner of Insurance of the State of Texas.
(4)
Department—Texas Department of Insurance.
(5)
Designated underserved area—An area determined and designated by rule as an
underserved area by the Commissioner of Insurance, pursuant to Article 21.49-12 of
the Insurance Code, using the standards specified in Article 5.35-3 § 1 of the
Insurance Code.
(6)
Executive Committee—The 11-member body appointed by the Commissioner of
Insurance and authorized pursuant to Article 21.49-12 of the Insurance Code to
advise and consult with the Commissioner with regard to the administration of the
Residential Property Insurance Market Assistance Program.
(7)
Insurer—Any insurer licensed to write property or casualty insurance and actually
writing residential property insurance in Texas, including Lloyd’s, reciprocals, or
interinsurance exchanges; an insurer is actually writing residential property
insurance in Texas if the insurer has reported under the statistical plan a positive
number for residential property insurance direct written premium during the last
reporting period.
(8)
Issuing agent —
(A)
A licensed local recording agent appointed to represent the insurer providing
residential property insurance coverage through the Residential Property
Insurance Market Assistance Program who signs, executes, and delivers the
policies of insurance; maintains a record of the business; examines and
inspects the risk; receives and collects premiums; and performs other
customary duties of a local recording agent; or
(B)
(9)
A salaried representative for an insurer whose plan of operation does not
contemplate the use of local recording agents appointed to represent the
insurer providing residential property insurance coverage through the
Residential Property Insurance Market Assistance Program who signs,
executes, and delivers the policies of insurance; maintains a record of the
business; examines and inspects the risk; and receives and collects
premiums; and performs other customary duties of a local recording agent.
Manufactured home—Mobile home, manufactured housing, or manufactured home
as defined in the Texas Manufactured Housing Standards Act (Texas Revised Civil
Statutes, Article 5221f).
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(10)
MAP—the Residential Property Insurance Market Assistance Program authorized
and operated pursuant to Article 21.49-12 of the Insurance Code to assist
consumers in Texas in obtaining residential property insurance coverage in
underserved areas as determined and designated by the Commissioner of Insurance
by rule.
(11)
Originating agent—
(A)
A licensed local recording agent authorized by Article 21.49-12 of the
Insurance Code to complete an application for assistance on behalf of an
applicant for submission to the Residential Property Insurance Market
Assistance Program without being appointed to represent the insurer
providing the coverage through the Residential Property Insurance Market
Assistance Program; or
(B)
A salaried representative for an insurer whose plan of operation does not
contemplate the use of local recording agents authorized by Article 21.49-12
of the Insurance Code to complete an application for insurance on behalf of
an applicant for submission to the Residential Property Insurance Market
Assistance Program without being appointed to represent the insurer
providing the coverage through the Residential Property Insurance Market
Assistance Program.
(12)
Residence premises—The residence premises shown on the declarations page of the
insured’s residential property insurance policy and which includes the one-family or
two-family dwelling and other private structures and grounds.
(13)
Residential property insurance—Insurance against loss to real or tangible personal
property at a fixed location provided in a homeowners policy or residential fire and
allied lines policy.
(14)
Residential risk—Dwelling, manufactured home, or other private structure located
on the residence premises, and personal property contained therein.
(15)
Unaffiliated—Not an affiliate or not affiliated with another insurer or insurers as
“affiliate” is defined in the Insurance Holding Company System Regulatory Act
(Article 21.49-1 of the Insurance Code).
28 TAC § 5.9407 Participating insurers
(a)
Eligibility. An insurer is defined in § 5.10003 of this plan of operation (also §
5.10003 of this title, relating to Definitions) is eligible to participate in the MAP.
(b)
Voluntary participation.
(1)
An insurer who wishes to participate in the MAP shall notify the Department in
writing of the insurer’s intent to voluntarily participate in the MAP.
(2)
An insurer may use any criteria from the MAP application to select applications for
review.
52
(3)
A participating insurer shall notify all agents appointed with the insurer that the
insurer is voluntarily participating in the MAP and shall provide to its agents
information about the MAP and its procedures.
(4)
A participating insurer shall provide the Department with no less than 30 days
advance written notice when the insurer decides to terminate its voluntary
participation in the MAP.
(c)
Required compliance with insurance laws and regulations.
(1)
A participating insurer shall comply with all laws, rules, and regulations governing
the operation of the MAP.
(2)
A participating insurer is subject to all other applicable laws, rules, and regulations
governing the writing of residential property insurance in this state.
28 TAC § 5.9408 Participating agents
FORMER CITATION 28 TAC § 5.10008
(a)
(b)
Qualifications.
(1)
An individual is eligible to perform the functions of an originating agent for a
MAP applicant if the individual, at the time the application to the MAP is
completed, is duly licensed by the Department as a local recording agent or is
a salaried representative for an insurer whose plan of operation does not
contemplate the use of local recording agents.
(2)
An individual is eligible to perform the functions of an issuing agent for an
insurer voluntarily participating in the MAP if the individual is duly licensed
by the Department as a local recording agent and is appointed to represent
the insurer or is a salaried representative for an insurer whose plan of
operation does not contemplate the use of local recording agents.
Functions of an originating agent.
(1)
The originating agent shall complete the application for assistance in
obtaining residential property insurance on behalf of the MAP applicant.
(2)
The originating agent shall submit the application and documentation
required by subsection (e) of § 5.9406 of this plan of operation (also
subsection (e) of § 5.9406 of this title, relating to Eligibility for Referral)
regarding cancellation, non-renewal, or declination to the MAP as soon as
possible, but no later than the fifth business day following completion of the
application.
(3)
Pursuant to Article 21.49-12 § 4(f) of the Insurance Code, if the originating
agent and the issuing agent are not the same person, the originating agent
may not be held to be the agent of the insurer unless there is an appointment
as specified by Article 21.14 of the Insurance Code.
53
(c)
Functions of an issuing agent.
(1)
(2)
(d)
The issuing agent shall perform all of the customary duties of a local
recording agent including, but not limited to, the following:
(A)
signing, executing and delivering policies of insurance;
(B)
maintaining a record of the business;
(C)
examining and inspecting the risk; and
(D)
receiving and collecting premiums.
The issuing agent may also be the originating agent.
Agent commissions.
(1)
(2)
Originating agent’s commission.
(A)
Pursuant to Article 21.49-12 § 4(e) of the Insurance Code, the
originating agent shall share commissions with the issuing agent.
(B)
The originating agent’s share of the commission for the original policy
term shall be as follows: $25 when the policy premium is $500 or less,
and $50 when the policy premium is over $500.
(C)
If the issuing agent is a licensed local recording agent, the originating
agent’s share of the commission for policy renewals shall be 25 percent
of the amount of the commission paid to the issuing agent by the
insurer. If the issuing agent is a salaried representative, the originating
agent’s commission fee for policy renewals shall be $15. The renewal
commission and renewal commission fee requirements shall apply only
to policy renewals in which the insurer is the same insurer as when
the original policy was issued through the MAP.
(D)
Within five working days after the issuance date of the insurance
policy issued through the MAP, the insurer shall notify the Department
by mail or facsimile transmission via the electronic database and the
originating agent in writing or via electronic means that the insurance
policy was issued. The notice shall include the insurance policy
number and the name, address, telephone number, and fax number of
the issuing agent.
(E)
The issuing agent shall be responsible for payment of the originating
agent’s share of the commission and commission fee as specified in
subparagraphs (B) and (C) of this paragraph within 30 days after the
date the commission payment is made to the issuing agent by the
insurer.
Issuing agent’s commission. The payment of the commission to the issuing
agent is based on the contract or agreement between the insurer and the
issuing agent.
54
28 TAC § 5.9409 Operations
(a)
Application process.
(1)
Applications will be accepted from a duly licensed local recording agent or
from a salaried representative for an insurer whose plan of operation does not
contemplate the use of local recording agents.
(2)
Agents submitting applications to the MAP shall use the application form
(TMAP-10) promulgated by the Department for use with the MAP, shall
submit a completed application packet as specified in paragraph (4) of this
subsection, and shall submit such applications to the Department’s MAP
Division.
(3)
Applicants may apply directly to the MAP by contacting the Department to
obtain the Department’s assistance in completing the MAP application form
(TMAP-10). Applicants applying directly to the MAP must meet the same
eligibility requirements as provided in § 5.9406 of this plan of operation.
(4)
For applicants applying directly to the MAP, information will be requested by
Department staff from the applicant based on the same information elements
required in the MAP application form (TMAP-10) required of originating
agents. Information relating to the originating agent will be marked “not
applicable” or “N/A.” In the applicant’s signature box, the Department staff
member will indicate “call received by TDI on (date)” with staff member’s
initials.
(5)
The Department staff will assist applicants applying directly to the MAP as
specified in subparagraphs (A)—(C) of this paragraph.
(6)
(A)
The Department staff member will request ZIP code information to
verify that the risk is located in a designated underserved area.
(B)
The Department staff member will request documentation as specified
in subsection (e) of § 5.9406 to verify that the applicant has been
unable to obtain residential property insurance within the one year
period preceding the date of application to the MAP. If requested, the
Department staff member will make a diligent effort to assist the
applicant in obtaining the required documentation concerning the
applicant’s inability to obtain residential property insurance.
(C)
Upon receipt of the documentation showing the applicant’s inability to
obtain residential property insurance, the Department staff member
will determine if the applicant is eligible to participate in the MAP.
A completed application packet shall consist of the following to be eligible for
referral to participating insurers:
(A)
a completed application form (TMAP-10) signed by both the applicant
55
and the originating agent; or if an applicant applies directly to the
Department, the application will be initialed and dated by the staff
member assisting with the completion of the application as provided in
paragraph (5) of this subsection.
(7)
(b)
(c)
(B)
declination letter or letters or non-eligibility letter or letters as provided
in § 5.9406 of this plan of operation (also § 5.9406 of this title, relating
to (Eligibility for Referral)); and
(C)
cancellation or non-renewal notices as provided in § 5.9406 of this
plan of operation (also § 5.9406 of this title, (relating to Eligibility for
Referral)).
An application shall indicate if the applicant has a voluntary inspection
property condition evaluation report and certificate of insurability, as
specified in § 5.9406 of this plan of operation (also § 5.9406 of this title,
relating to Eligibility for Referral). The applicant may provide a copy of the
report and the certificate to the insurer at the time of the insurer’s inspection
of the residential risk.
Application review. The Department’s MAP Division shall perform the application
review and referral as specified in this subsection and subsection (c) of this section.
(1)
If the application is submitted by an originating agent, preliminary processing
shall include review of the application for signatures of the applicant and
originating agent, logging in of names and addresses of applicant and
originating agent, and notification of the originating agent in writing or via
electronic means of the receipt of the application.
(2)
If the applicant has applied directly to the MAP, preliminary processing shall
include logging in name and address of the applicant.
(3)
Applications, including the information on the residential risks proposed to
be insured, shall be verified by the Department’s MAP Division for compliance
with the requirements specified in this section and in § 5.9406 of this plan of
operation (also § 5.9406 of this title, relating to Eligibility for Referral).
(4)
Applications submitted by an originating agent that are ineligible for referral
through the MAP will be returned to the originating agent within 14 calendar
days of receipt by the Department with written documentation stating the
reason or reasons for the ineligibility. A copy of the notice of ineligibility shall
be sent to the applicant.
Referral of applications.
(1)
Information from eligible MAP applications as specified in paragraph (2) of
this subsection shall be faxed or provided electronically by the Department’s
MAP Division to all participating insurers for selection for purposes of issuing
a quote.
(A)
If a policy has not been issued within 90 days from the date the
application is entered on the Department’s MAP application data base,
56
the Department’s MAP Division shall notify the originating agent, if the
application was submitted by an originating agent, or the applicant, if
the applicant applied directly to the Department, in writing or via
electronic means.
(2)
(B)
The MAP application shall remain as an active MAP application
available for selection and quoting by an insurer until a policy is
issued but for no longer than one year from the date the application
was either entered on the electronic bulletin board or entered on the
MAP application database.
(C)
If a policy has not been issued within one year from the date the
application is entered on the MAP application database and faxed to
participating insurers, the application shall be considered inactive and
the Department’s MAP Division shall notify the applicant in writing
and the originating agent in writing or via electronic means.
The information provided to participating insurers shall include the following:
(A)
originating agent’s name, mailing address, telephone number, fax
number, and agent’s TDI identification number if submitted by an
originating agent;
(B)
name of applicant and co-applicant, mailing address, and phone
number;
(C)
applicant’s military status;
(D)
designated underserved area in which property to be insured is
located, including location zip code, whether in Class 1 designated
underserved area or Class 2 designated underserved area, and the
county where the property is located;
(E)
location of property to be insured, including if same as applicant’s
mailing address, and if not, street address and city;
(F)
rating Information:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(G)
(d)
public protection classification code used;
type of construction;
policy form requested;
dwelling and personal property coverage amounts;
deductible;
year built;
structure type;
usage type;
owner or tenant occupancy;
availability of Voluntary Inspection Program certification.
Insurers’ processing of selected applications.
57
(1)
(2)
(3)
Application review and property inspection.
(A)
An insurer may select MAP applications for review based on criteria
contained on the application.
(B)
Prior to issuing a quote or writing a policy, an insurer should
underwrite the risk in accordance with the insurer’s applicable
underwriting procedures, including inspecting the property and
obtaining the insurer’s own application insurance. An insurer shall
evaluate each risk in accordance with the provisions set forth in
§§ 5.10004 and 5.10005 of this plan of operation (also § 5.10004 of
this title, relating to Policy Forms and Types of Coverage, and §
5.10005 of this title, relating to Rates).
Determination of whether to issue premium quote.
(A)
An insurer shall make its premium quote or indicate the insurer’s
refusal to quote within 30 days after selecting the application.
(B)
If the insurer, however, has not quoted or refused to quote by the 30th
day after selecting an application, the insurer shall be considered to
have requested additional time and shall have an additional 15 days to
quote or to refuse to quote. Within 45 days after selecting an
application, the insurer shall notify the Department’s MAP Division by
mail or facsimile transmission that the insurer has quoted or has
refused to quote.
(C)
An insurer shall issue a premium quote as specified in paragraph (3) of
this subsection.
Issuance of premium quote. Insurers shall issue premium quotes in
accordance with the following provisions:
(A)
An insurer shall send its quote directly to the MAP applicant and
simultaneously report the required information as specified in
subparagraph (C) of this paragraph to the Department by mail or
facsimile transmission.
(B)
An insurer’s quote shall be valid for at least 30 days after the date the
quote is issued. Within 35 days after issuance of the quote, the insurer
shall notify the Department’s MAP Division by mail or facsimile
transmission that the quote has been accepted or rejected by the
applicant. If an applicant has not affirmatively rejected the quote by
the thirty-first day after the quote is issued, the insurer shall notify the
Department’s MAP Division by mail or facsimile transmission that the
quote has been rejected.
(C)
An insurer’s quote shall contain the following information:
(i)
(ii)
(iii)
name and address of MAP applicant;
MAP application TDI reference number;
location of the residential risk to be insured;
58
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(e)
(f)
insurer’s name, mailing address, and phone number;
type of policy being quoted;
the amount of premium due for the policy quoted, limits of
liability, applicable deductible, and term of the policy;
issuance date and expiration date of the quote;
instructions for the applicant to contact the issuing agent to
accept the offered quote;
issuing agent’s name, mailing address, phone number, and fax
number.
(4)
Notification of issuance of policy. If the application was submitted by an
originating agent, within five business days after the issuance date of the
insurance policy, the insurer shall notify the Department by mail or facsimile
transmission and the originating agent in writing or via electronic means that
the insurance policy was issued. The notification shall include the policy
number and the name, address, telephone number, and fax number of the
issuing agent.
(5)
Inactive application. An application shall be considered inactive upon
acceptance of a quote by the applicant.
MAP data collection and analysis.
(1)
The Department shall provide quarterly data analysis reports to the Executive
Committee to enable the Executive Committee to fully evaluate the operations
of the MAP.
(2)
Upon the Executive Committee’s request, the Department shall provide
additional data and analyses of data for purposes of review of the MAP or for
other purposes related to the administration of the MAP as deemed
appropriate by the Executive Committee.
Educational initiatives.
(1)
(2)
The Department may provide educational information to consumers, agents,
and insurers through:
(A)
the development and distribution of educational materials outlining
the operation of the MAP;
(B)
seminars and workshops;
(C)
the print and electronic media, including public service
announcements, press releases, TV and radio community programs
and local TV access stations.
(D)
coordination of speaking and training programs
associations and consumer organizations; and
(E)
use of the Internet System.
with
trade
Participating insurers may provide information to their appointed agents for
distribution to consumers.
59
(3)
(g)
Participating insurers may include a brief description of the MAP with any
cancellation or non-renewal notice issued on residential property insurance
located in a designated underserved area.
Complaints procedures.
(1)
Complaints relating to the operation of the MAP shall be received and
processed by the Department’s MAP Division.
(2)
The complaints shall be handled in accordance with the Department’s
standard complaints handling procedures.
(3)
Until final disposition of the complaint, the complainant shall be notified
quarterly by the Department’s MAP Division of the status of the complaint.
(4)
The MAP Executive Committee shall be notified as part of its review and
monitoring of the MAP of all complaints relating to the operation of the MAP.
28 TAC § 5.9411 Criteria and procedures for mandatory participation by insurers
(a)
(b)
Purpose of this section. The purpose of this section is to specify:
(1)
the criteria and procedures for implementation of mandatory participation by
insurers on the Commissioner’s own motion without the need for a
recommendation by the Executive Committee pursuant to Article 21.49-12
§ 2(b)(7) of the Insurance Code which provides that the Commissioner may
make insurer participation in the MAP mandatory based on criteria contained
in this plan of operation; and
(2)
the criteria and procedures to be used by the Executive Committee in
determining the need to recommend to the Commissioner implementation of
mandatory participation by insurers pursuant to Article 21.49-12 § 6(b) of the
Insurance Code which provides that the Executive Committee, after periodic
review, shall report to the Commissioner as to the need for establishment of a
mandatory program.
Implementation of mandatory MAP on Commissioner’s own motion.
(1)
The criteria and procedures for implementation of mandatory participation in
the MAP by insurers on the Commissioner’s own motion and without a
recommendation from the Executive Committee are as specified in paragraph
(2) of this subsection.
(2)
The Commissioner may, after notice and hearing, implement mandatory
participation by insurers in the MAP if any of the circumstances specified in
subparagraph (A) or subparagraph (B) of this paragraph occur. An application
shall not be counted for purposes of subparagraphs (A) and (B) of this
paragraph unless the application has been either active for 90 days or a
policy has been issued, whichever occurs first.
60
(c)
(A)
Less than 60% of the eligible applications, either on a statewide basis,
or in one or more designated underserved areas, or in unprotected
portions of designated underserved areas, referred to participating
insurers in the preceding 12 months, or in any other period as
determined by the Commissioner, result in the issuance of at least one
premium quote per application.
(B)
Less than 40% of the eligible applications, either on a statewide basis,
or in one or more designated underserved areas, or in unprotected
portions of designated underserved areas, referred to participating
insurers in the preceding 12 months, or in any other period as
determined by the Commissioner, result in the issuance of residential
property insurance policies.
Executive Committee’s determination of the need to recommend implementation of
mandatory MAP.
(1)
Periodic review. Pursuant to Article 21.49-12 § 6(b) of the Insurance Code,
the Executive Committee shall review the demand for and performance of the
program six months following the approval of this plan of operation and at
least annually thereafter, as necessary, and may make recommendations to
the Commissioner on the need to implement mandatory participation by
insurers in the MAP.
(2)
Criteria for recommendation.
(A)
(B)
The Executive Committee shall propose a recommendation for
mandatory participation by insurers if the committee determines that
the level of voluntary participation by insurers is not sufficient to
provide adequate opportunities for placement of residential property
insurance through the program. The Executive Committee shall base
its determination on the following factors:
(i)
the number of applications eligible for referral received by the
Department statewide, in each designated underserved area,
and in unprotected portions of designated underserved areas;
(ii)
the number of premium quotes made per application statewide,
in each designated underserved area, and in unprotected
portions of designated underserved areas;
(iii)
the number of policies issued by participating insurers to MAP
applicants statewide, in each designated underserved area, and
in unprotected portions of designated underserved areas; and
(iv)
any other factor that the Executive Committee determines
reflects a lack of residential property insurance availability
through the MAP.
The Executive Committee may not make a recommendation for
mandatory participation by insurers for any designated underserved
61
area unless the MAP has been operational in that underserved area for
at least six months.
(3)
Procedures for consideration of recommendation.
(A)
Consideration of a recommendation for mandatory participation by
insurers in one or more designated underserved areas may be initiated
as follows:
(i)
(ii)
(B)
Consideration shall occur at the next meeting of the Executive
Committee if the Subcommittee on Data Collection determines that
any of the circumstances specified in clauses (i) or (ii) or (iii) of this
subparagraph has occurred. An application shall not be counted for
purposes of clauses (i) and (ii) of this subparagraph unless the
application has been either active for 90 days or a policy has been
issued, whichever occurs first.
(i)
(ii)
(iii)
(4)
the chairperson may place the item on the agenda for
consideration; or
any three members of the Executive Committee may make a
written request to the chairperson for consideration for
mandatory participation by insurers. The chairperson shall
place the item on the agenda for consideration at the next
meeting of the Executive Committee.
Less than 60% of the eligible applications, either on a statewide
basis, or in one or more designated underserved areas or in
unprotected portions of designated underscored areas, referred
to participating insurers in the preceding 12 months resulted in
the issuance of at least one premium quote per application.
Less than 40% of the eligible applications, either on a statewide
basis, or in one or more designated underserved areas, or in
unprotected portions of designated underserved areas, referred
to participating insurers in the preceding 12 months resulted in
the issuance of residential property insurance policies.
The number of participating insurers for any designated
underserved area is less than five.
Public comment.
(A)
The public shall be given the opportunity to provide comment to the
Executive Committee prior to the time the Executive Committee votes
on the proposed recommendation.
(B)
If written comments are solicited by the Executive Committee, such
comments should be addressed to the Executive Committee, Market
Assistance Program, Texas Department of Insurance.
(C)
Any written comments that are received shall be attached to the copy
of the minutes of the Executive Committee meeting at which the
proposed recommendation is considered. If minutes are not prepared,
the written comments shall be maintained with the tape recording of
the meeting.
62
(D)
(5)
The Executive Committee may, at its discretion, take oral comments
from the public at any meeting.
Possible actions. The Executive Committee may take action on the
recommendation for mandatory participation as follows:
(A)
the Executive Committee may withdraw the recommendation;
(B)
the Executive Committee may defer action on the recommendation,
pending further consideration;
(C)
the Executive Committee may withdraw its recommendation and
propose an amendment to this plan of operation; or
(D)
the Executive Committee may recommend to the Commissioner the
implementation of mandatory participation by insurers.
(6)
Effect of withdrawal of recommendation. Withdrawal of a recommendation for
mandatory participation by insurers for any designated underserved area
shall not prohibit the Executive Committee from making another
recommendation for the same or different designated underserved area at a
later date.
(7)
Approval of recommendation. A recommendation to the Commissioner by the
Executive Committee for implementation of mandatory participation by
insurers must:
(A)
be approved by at least eight members of the Executive Committee;
(B)
state that the Executive Committee believes the level of voluntary
participation by insurers does not provide adequate opportunities for
placement of residential property insurance to qualified applicants;
and
(C)
state the specific factors that are the basis for the recommendation.
(8)
Commissioner’s action on recommendation. Upon receipt of a
recommendation from the Executive Committee, the Commissioner
may, after notice and hearing, implement mandatory participation by
insurers in one or more designated underserved areas in the MAP.
63
64
Appendix 3: Sample New Releases, Bulletins, Consumer Brochures, and Claim Forms
Carroll Fisher
Insurance Commissioner
State of Oklahoma
September 14, 2001
Dear Fellow Regulators:
My heartfelt prayers are with you during this time of the disaster, which has stricken your
cities, and our Nation. Please be assured that the Oklahoma Insurance Department stands
ready to assist you in any way possible.
Pursuant to this goal, I am sending documents pertaining to the bombing of the Alfred P.
Murrah Federal Building, which occurred in Oklahoma City, Oklahoma, on April 19, 1995.
The information contained in this packet may provide some assistance to your
departments as you work toward the monumental task set before you. I have enclosed
specific information as to how the Oklahoma Insurance Department handled the crisis, as
well as articles that were published concerning the insurance department’s role during the
claims handling.
If you have any questions, please feel free to contact me.
With Sincere Prayers and Heartfelt Thoughts,
Carroll Fisher
Attachments
65
The Oklahoma Insurance Department would like to provide the following information to the
States of New York and Washington, D.C., regarding actions that we took during the time
after the bombing of the Alfred P. Murrah Federal Building.
Adjusters Licenses
Temporary adjuster licenses were issued on an emergency basis without the requirement
of fees for those licenses. The adjusters who were provided with these temporary licenses
were adjusters who were already licensed in other states.
We gave the adjusters five days to present credentials showing their company affiliation
and professional status as recognized by another state.
Press releases were issued telling people that if they were contact by an adjuster to ask to
see their credentials and emergency license. Enclosed are copies of those news releases.
Claims
The Oklahoma Insurance Department did not receive the first claims for about 11 days. We
explained to the carriers that all claims pertaining to the disaster were to be handled with
extreme care and that under the circumstances any limitations or exclusions in the
insurance policies or certificates that attempted to limit or exclude for acts of terrorism,
anarchy, war, and acts of war would have to be set aside. The claims were paid without
regard to these limitations and exclusions. Enclosed are copies of those news releases.
The exclusion for suicide will also need to be set aside if there are policies that contain that
exclusion. We can’t imagine that any companies would attempt to use it to deny a claim
but know that some policies have language of that nature, so thought we should mention
it.
We assigned one person to receive, assign and track any and all claims that pertained to
the bombing. Due to the size of the losses sustained in New York, the staffing for claims
receipt, assignments and tracking will probably need to be handled by several different
members of the insurance department. Breaking the claims into alpha listings is the
easiest way to handle them.
We also had the largest carriers affected to put adjusters in our facility to assist claimants
as they called or came into the department.
Companies totaled out any vehicle that was parked in the Murrah Building or any other
inaccessible location so transportation needs could be met.
Death Claims were handled with Affidavits. Copy enclosed.
We were also able to get approval from the FBI to get adjusters into the closed area early to
speed up the process of repair and restoration. This will probably take longer for you all
than it did for us due to the nature of the situation.
66
Disaster Hotline
We set up emergency telephones for questions about claims and prompt claims handling.
The Hotline was staffed by Oklahoma Insurance Department, with the help of volunteers
who were independent insurance agents. The agents that assisted were familiar with the
life, health, property and casualty lines of coverage. We were able to have volunteers from
each category for coverage present. The shifts were 4 hours each.
67
John P. Crawford
State of Oklahoma
Dear Fellow Regulators:
The following summary was compiled to allow you the opportunity to review the steps the
Oklahoma Insurance Department has taken subsequent to the bombing of the Alfred P.
Murrah Federal Building, which occurred on April 19, 1995.
As you will see in the following documents, this disaster has affected every aspect of life in
Oklahoma City. The blast that rang out on that beautiful spring morning was felt
throughout the world.
I hope and pray that a tragedy of this nature never again strikes America. However, in the
event that it does, this information may provide a small measure of help in dealing with the
monumental task set before you.
Sincerely,
John P. Crawford
68
Action Information
It has become apparent that there are individuals that may not be found or if found,
identification will be impossible. This leads us to a position that we have not previously
dealt with as it pertains to life insurance and the filing of death claims.
The required time for an individual to be presumed to be dead, in Oklahoma, is seven
years. This will be unacceptable as we work to help those who have lost loved ones. The
Oklahoma Insurance Department is requesting insurance companies to allow and accept
affidavits of death as viable proof of loss on life insurance contracts. The affidavits would
indicate that the person upon whom the claim is being filed was in or near the Alfred P.
Murrah Federal Building at the time of the explosion.
There are also possibilities of limitations and exclusions in insurance contracts for acts of
terrorism, war, acts of war and potentially others. These limitations and exclusions may
not be invoked. This pertains to all types of contracts of insurance coverage.
Should anyone become aware of insurance companies/carriers denying claims, contact
at (___) ___-____.
(Name)
69
AFFIDAVIT OF DEATH
I, ____________________________________, CERTIFY THAT _________________________________
(Name of relative, next of kin)
(Name of deceased)
worked in the Alfred P. Murrah Federal Building, which was destroyed by a bomb on April
19, 1995, and was at work on that date at 9:02 a.m. when the bombing occurred.
I affirm that I have not seen or heard from ________________________________
(Name of deceased)
since April 19, 1995, and that baring his/her demise, he/she would have been in contact
with me.
I further affirm that I am unable to secure a death certificate from the Chief Medical
Examiner at this time.
_________________________________
(Signature of relative/next of kin)
_________________
(Date)
_________________________________
(Signature of witness)
_________________
(Date)
Notary Public
_________________________________
(Signature of Notary)
(Seal)
My Notary Expires: __________________
70
_________________
(Date)
Oklahoma Insurance Department
Oklahoma in Crisis
Initial Responses to Disaster
Fear
Disbelief
Reluctance to abandon area where disaster occurred, including property
Disorientation and numbing
Difficulty in making decisions
Need for information
Seeking help for yourself and your family
Helpfulness to other disaster victims
Later Responses
Change in appetite and digestive problems
Difficulty in sleeping and headaches
Anger and suspicion
Apathy and depression
Crying for “no apparent reason”
Frustration and feeling of powerlessness over one’s own future
Increased effects of allergies, colds, and flu
Feelings of being overwhelmed
Moodiness and irritability
Anxiety about the future
Disappointment with, and rejection of, outside help
Isolating oneself from family, friends, or social activities
Guilt over not being able to prevent the disaster
Domestic violence
What You Can Do To Help
Recognize your own feelings
Talk to others about your feelings, it will help relieve your stress and help you
realize that your feelings are shared by other victims
Accept help from others in the spirit in which it is given
Whenever possible, take time off and do something you enjoy
Get enough rest and sleep
Get as much physical activity as possible
Give someone a hug; touching is very important
Listen when you can to those who are having problems
Be tolerant of the irritability and short tempers others may show—remember
everyone is stressed at this time
Share information on assistance being offered and possible resources available
If you need assistance, please contact:
(Name)
71
(___) ___-____
Dealing with Disaster
Provide Immediate Relief
Provide Means to Meet Necessities
Provide Comfort and Support
The responses to disaster may be anger, fear, disbelief, disorientation, numbness, and
difficulty in making decisions among other things. Remember that we are here to help, care
for, serve and love.
Please read the accompanying news articles, the action and the after action report, expense
and proposed supplement budget.
72
Press Releases and Articles
For Immediate Release
4/21/95
John P. Crawford
Insurance commissioner
State of Oklahoma
Crawford Declares Emergency
John P. Crawford, Oklahoma Insurance Commissioner, today declared a state of
emergency to exist in conjunction with the bombing of the Murrah Federal Building in
downtown Oklahoma City. “After surveying the sight and seeing the overwhelming loss of
life and catastrophic damage in the area surrounding the bomb sight, I have declared a
state of emergency to exist and therefore will set up procedures to issue licenses for
emergency adjusters who are coming in to asses the damage and help people get their
homes and businesses back in order,” Crawford said.
Anyone wishing to be considered for the status of emergency adjuster has five days to
present credentials to the Oklahoma Insurance Department showing their company
affiliation and professional status as recognized by another state.
“Major disasters tend to bring out the best and worst in people. We know that the vast
majority of those adjusters coming into Oklahoma to help with the clean up and recovery
will represent themselves and their companies with the utmost in professional
performance, however there are those who come in to add to the misery and suffering by
taking advantage of people when they are most vulnerable. Our job at the insurance
department is to prevent unscrupulous adjusters from taking advantage of our citizens,”
Crawford added.
“If you are contacted by any adjuster, ask to see their credentials and emergency license. If
you contract with an independent adjuster to make an evaluation of your damage make
sure you agree ahead of time about any fee that you may be required to pay them. Any
adjuster representing your insurance company will not ask you for a fee, they are paid by
the insurance company. If you have any questions call our Claims Division Disaster
Hotline at ___-____,” Crawford stated.
Adjusters who need more information may contact the agents Licensing Division at
(___) ___-____.
-30-
73
4/24/95
John P. Crawford
State of Oklahoma
Crawford Will Not Tolerate Any Claim Denial
John P. Crawford, Oklahoma Insurance Commissioner, said today that he expects
insurance companies to pay all claims resulting from the horrific bombing of the Murrah
Federal Building in Oklahoma City. “I will not tolerate any insurance company attempting
to use any clause in a policy relating to terrorism, insurrection or anarchy to avoid paying
a claim. These claims must be paid promptly and efficiently so that the people of Oklahoma
may go about the business of getting back to a sense of normalcy,” Crawford said.
Due to the establishment of the crime scene, it may be weeks before some of the occupants
may be allowed to reenter their buildings to start the rebuilding process. In the mean time
they are out of business with no source of income.
Individuals who are unable to get to their cars should contact their insurance agent about
settling the claim or receiving reimbursement for a rental car. “I am aware of four
companies; Allstate, State Farm, Farmers Insurance Group and Oklahoma Farmers Union;
who are going ahead and totaling out any vehicle that was parked in the Murrah Building
or any other inaccessible location,” Crawford added. “That means those individuals are
able to take care of their transportation needs now. I commend those companies for their
prompt action.”
For any person having a problem with a claim being paid promptly or with questions
relating to insurance, the Oklahoma Insurance Department, with the help of volunteers
from various independent insurance agencies, has set up a Disaster Hotline to answer
those questions. That number ___-____.
Last week Crawford declared a state of emergency to exist that would speed up the process
of allowing out of state adjusters to be approved to handle claims in the disaster. “We want
to do everything we can to move this process along swiftly, however we are making sure
that only qualified insurance adjusters are allowed to be approved. I want to warn any
person who is asked for money from an adjuster to contact my office immediately. Under
no circumstances should a legitimate adjuster ask for any money to handle your claim,”
Crawford stated.
-30-
74
4/28/95
John P. Crawford
State of Oklahoma
Crawford Cracks Down on Bogus Adjusters
Last Thursday after surveying the bomb sight and seeing the Overwhelming loss of life and
catastrophic damage in the area surrounding the bomb sight, John P. Crawford, Oklahoma
Insurance Commissioner, declared a state of emergency to exist and which set into motion
procedures to issue licenses for emergency adjusters coming in to assess the damage and
help people get their homes and businesses back in order.
“I have worked with Senator Inhofe and the FBI to get insurance adjusters into the closed
area ahead of the game plan in order to speed up the process of repair and restoration,”
Crawford said.
“I have discovered that there were three unauthorized insurance adjusters attempting to
take advantage of our citizens while they are at their most vulnerable and I have put a stop
to it,” Crawford revealed today. “These individuals have come from out of state and have
entered the disaster area, posing as legitimate insurance adjusters, stating that they don’t
need to be licensed. I will not tolerate any individual, group or company that is not willing
to be properly approved and licensed in this state to have any interaction with the victims
of this disaster. I can only suspect that their intentions are less than honorable.”
“We have notified the authorities in the disaster area to put these individuals out of
business. They were wearing buttons that say ‘State Insurance Board.’ We have no such
board in Oklahoma. I will prosecute these individuals to the full extent of the law,”
Crawford stated.
Anyone wishing to be considered for the status of emergency adjuster has five days to
present credentials to the Oklahoma Insurance Department showing their company
affiliation and professional status as recognized by another state.
“If you are contacted by an adjuster, ask to see their credentials and emergency license. If
you contract with an independent adjuster to make an evaluation of your damage, make
sure you agree ahead of time about any fee that you may be required to pay them. Any
adjuster representing your insurance company will not ask you for a fee, they are paid by
the insurance company. If you have any questions call our Claims Division Disaster
Hotline at ___-____,” Crawford stated.
-30-
75
John P. Crawford
State of Oklahoma
April 19, 1995, 9:02 a.m. An explosion ripped through the Alfred P. Murrah Federal
Building, leaving death and destruction in its path. The first reaction of the citizens of
Oklahoma was one of disbelief. Immediately thereafter the State of Oklahoma began
pulling together in an effort to provide relief, assistance and comfort to all of the
individuals whose lives have been touched by this tragedy.
Oklahoma Insurance Commissioner John P. Crawford immediately made it known that all
insurance matters were to be handled effectively and efficiently. There was no room for
error and no room for tolerance concerning this matter. Claims were to receive top priority.
Various exclusions placed in policies were disregarded as insurance companies began
paying bomb victim claims.
Commissioner Crawford advised that everyone wants to do the right thing and in
retrospect it appears that the attitude of “lets get it right the first time” prevailed.
76
Appendix 4A: South Carolina’s Disaster Response Volunteer Statement
Volunteer Statement
Statement of Policy
The volunteering by department of insurance employees to work during and after a disaster is
critical to meeting our responsibilities as a major disaster response and recovery agency. The
department places a tremendous value on sacrifices made by volunteers, supervisors and managers
who not only accommodate, but also encourage employees to volunteer. While insurance knowledge
is preferable, employees with the willingness to learn and assist consumers are welcome to
volunteer.
Purpose
To articulate the importance of department of insurance employees voluntarily participating in
disaster recovery that does not necessarily involve their regular job duties and that each employee
understands the importance of providing assistance as needed.
Procedure
Should the event warrant, each division would be asked to provide volunteers. A specific number of
employees will be needed from each division. Initially, a total of 10 (ten) employees will be identified
and trained. The number will be calculated on a pro rata basis by division.
Employees will be asked to volunteer for not more than one week at a time, unless requested by the
Director.
Employees who desire to volunteer should advise their supervisor of their willingness to volunteer.
Divisions will recruit, approve and forward to the Director a list of current volunteers.
Employees that volunteer should provide their name, division, home and office phone numbers as
well as cellular and beeper numbers, if applicable.
Volunteers will accrue comp leave credits.
Volunteers will be in a pay status while traveling.
Employees will be notified as soon as the department of insurance has been advised by the State
Emergency Operations Center (SEOC) of the need for volunteers. (Often the notice is less than 24
hours.)
Volunteers will be briefed on job assignments, destination, room accommodations, mode of travel
and travel expenses before departure. Every effort will be made at the time of assignment to
accommodate a volunteer’s request to work with a particular individual, location, or job assignment.
Volunteers are advised of the need for having a personal credit card to use for disaster travel. If the
employee does not have a personal credit card to use for travel expenses, the volunteer will notify
the Director of this, so that arrangements may be made. As per the Comptroller General, a direct bill
account can only cover the room rate and taxes for volunteers in the field. Direct bill hotel rooms
will not cover the cost for personal telephone calls, etc.
All volunteers will be required to take the homeowners insurance training course.
Volunteer employees must submit travel and reimbursement vouchers within 10 days of their
return from the field.
Volunteers will be recognized and commended for their response to the needs of disaster victims.
77
Introduction
The department of insurance is committed to assisting with the insurance needs of the residents of
the State of South Carolina. This becomes especially important when a natural disaster strikes.
Services to citizens are initiated in several ways, by many divisions within the department.
When warranted by the Director, specially trained volunteers from the department are deployed to
the disaster location. These volunteers work directly with disaster victims assisting with insurance
claims in FEMA-sponsored Disaster Recovery Centers, or providing outreach by traveling into the
damaged areas to assist.
The Individual Licensing Department within the Division of Administration will monitor and regulate
unlicensed adjuster and agent activity.
As the South Carolina Department of Insurance does not currently have a Fraud Investigation
Division, department volunteers are requested to report all suspect activities to the Office of General
Counsel, within the South Carolina Department of Insurance. The Office of General Counsel will
alert the Attorney General’s Office and the Office of Consumer Affairs to these suspicious activities.
The Division of Consumer Services’ toll free number will be continuously manned to respond to
telephone requests for assistance.
The Division of Financial Services will monitor and work with affected insurance companies to
insure that claims are processed expeditiously and coverage issues are adequately addressed.
The Office of the Director provides direction and support to the department employees (volunteers)
who are assisting victims of the disaster.
The Legal Department within the Division of Financial Services prepares to assist with volunteers.
This department also prepares and pursues legal courses in the area of enforcement and rule
drafting.
The following identifies the operating procedures that are implemented by each division in the event
of a disaster. (Note to Reader: Contact the Director’s Office for operating procedures.)
78
Volunteers For Disaster Assistance
For Natural Disasters
Employee
Name
Contact
Numbers
Notice Time
Required
(___) ___-____ (h)
4 hours
(___) ___-____ (w)
(___) ___-____ (h)
Immediate Dispatch*
(___) ___-____ (w)
(___) ___-____ (w)
2 hours
(___) ___-____ (h)
(___) ___-____ (cell)
(___) ___-____ (w)
2 hours
(___) ___-____ (h)
(___) ___-____ (car)
(___) ___-____ (h)
(___) ___-____ (w)
(___) ___-____ (h)
2 hours
(___) ___-____ (w)
(___) ___-____ (h)
Immediate Dispatch
(___) ___-____ (w)
(___) ___-____ (w)
30 minutes
(___) ___-____ (h)
(___) ___-____ (w)
24 hours
(___) ___-____ (h)
(Thursday–Sunday)
(___) ___-____ (w)
Immediate Dispatch
(___) ___-____ (h)
_________________
*24 years experience as Property Adjuster in the private sector
79
80
Appendix 4B: Florida’s Disaster Response Volunteer Statement
Volunteer Statement
Statement of Policy
The volunteering by department of insurance employees to work during and after a disaster is
critical to meeting our responsibilities as a major disaster response and recovery agency. The
department places a tremendous value on sacrifices made by volunteers, supervisors and managers
who not only accommodate, but also encourage employees to volunteer. While insurance knowledge
is preferable, employees with the willingness to learn and assist consumers are welcome to
volunteer. In the event sufficient employees do not volunteer during and after a disaster, employees
may be temporarily reassigned to perform disaster recovery duties.
Purpose
To articulate the importance of the department of insurance employees voluntarily participating in
disaster recovery that does not involve their regular job duties and that each employee understands
the importance of providing assistance as needed.
Procedure
Each division will be asked to provide volunteers. A specific number of employees will be needed
from each division. A total of 75 employees will be identified and trained as the initial Volunteer
Pool.
Employees will be asked to volunteer for not more than one week at a time, unless the department
of insurance’s Emergency Coordinating Officer (ECO) makes a specific request.
Employees who desire to volunteer should advise their supervisor of their willingness to volunteer.
Divisions will recruit, approve and forward to the ECO a list of current volunteers.
Employees should provide their name, division, bureau and section and their home and office phone
numbers, cellular and beeper number, if applicable, and T-shirt size.
“Included” volunteers may elect accrual of comp leave credits on a time and a half basis in lieu of
cash payment for overtime worked during the 40-hour work week, or extended period by law
enforcement. (See addendum)
“Excluded” volunteers may elect cash payment on an hour-for-hour basis in lieu of comp leave
credits for overtime worked during the month. (See addendum)
Employees will be notified as soon as the Emergency Operations Center (EOC) has advised the
department of insurance of the need for volunteers. (Often the notice is less than 24 hours.)
Volunteers will be briefed on job assignments, employee safety, destination, room accommodations,
mode of travel and travel expenses before departure. Every effort will be made at the time of
assignment to accommodate a volunteer’s request to work with a particular individual, location, or
job assignment. Volunteers are advised of the need for having a personal credit card to use for
disaster travel. If the employee does not have a personal credit card to use for travel expenses, a
cash advance for expenses can be arranged prior to departure.
All volunteers will be required to take the homeowners insurance training course, if necessary.
Volunteers will be recognized and commended for their response to the needs of disaster victims.
81
Introduction
The department of insurance is committed to assisting with the insurance needs of the residents of
the State of Florida. This becomes especially important when a natural disaster strikes. Services to
citizens are initiated in several ways, by many parts of the department.
Direct services to insurance policyholders are initiated immediately through a First Response
Program, which activates a Consumer Services Field Office to quickly assess the scope of damage
and begin to provide services at the disaster location.
When needed, specially trained volunteers from the department of insurance in Tallahassee are
deployed to the disaster location. These volunteers work directly with disaster victims assisting with
insurance claims in FEMA-sponsored Disaster Recovery Centers, or providing outreach by traveling
into the damaged areas to assist. In addition to responsibilities specifically assigned to each
division, all divisions will be responsible for staffing department volunteer efforts. The level of
participation will be ultimately determined by the severity of the disaster.
The Division of Fire Marshal is mobilized and becomes part of the state emergency management
system by taking on the role of lead agency for Emergency Support Functions (ESF) 4 Fire Services
and 9.Search and Rescue.
The Division of Agents & Agencies Services and the Division of Insurance Fraud send investigators
to the disaster location to monitor and regulate unlicensed adjuster and agent activity.
The Division of Fraud provides law enforcement assistance through the activation of its Emergency
Response Teams (ERT) working closely with investigators from Agent and Agency Services and also
provides security for the department volunteers in the damage areas.
The Division of Consumer Services’ hotline in Tallahassee will be continuously manned to respond
to telephone requests for assistance.
The Division of Insurer Services mobilizes to work with affected insurance companies to insure that
claims are processed expeditiously and coverage issues are adequately addressed.
The Division of Administration mobilizes to provide specialized support to the department employees
who are assisting victims of the disaster.
The Legal Division prepares to assist with volunteers, and activates its Legal Team that prepares
and pursues legal courses in the area of enforcement and rule drafting.
The Division of Treasury, Rehabilitation & Liquidation, and Risk Management continue day-to-day
operations and provide volunteers to travel to the damage area if needed.
The Office of Information Services will assure that appropriate network, mainframe, desktop and
telecommunications systems and resources will be available to support the department’s required
response to any declared emergency situation.
The following identifies the operating procedures that are implemented by each Division in the event
of a disaster. (Note to Reader: See Appendix 6A: Florida’s Disaster Response Plan for the operating
procedures.)
82
Appendix 5: Florida’s Emergency Adjuster Licensing Regulation
Florida Regulations
Florida Administrative Code
Title 4. -- Department of Insurance
Chapter 4-220 -- Adjusters
FAC Rule 4-220.001 Pre-qualification and licensure of emergency adjusters
(1)
Purpose. This rule sets forth department policy and procedure for licensure of
emergency adjusters under Section 626.874, Florida Statutes.
(2)
Scope. Each emergency is unique and the terms, conditions, and other provisions of
emergency licensure for particular emergencies must often be tailored by emergency
rule to the scope and nature of the particular emergency. This rule sets out what are
essentially default licensure provisions which are effective for emergency licensure
unless and to the extent the Department issues emergency rules modifying,
supplementing, or replacing this rule. Where not expressly modified or replaced by
emergency rule regarding a particular emergency, the provisions of this rule shall
apply.
(3)
Definitions. For purposes of this rule, the following definitions shall apply.
(a)
“Department” means the Florida Department of Insurance.
(b)
“Licensed adjuster” and similar terms, refer to and include only persons
actually currently licensed in good standing by this Department as a public
adjuster, company adjuster, or independent adjuster, whether the licensure
be permanent resident licensure, or emergency licensure pursuant to this
rule, and whether limited licensure or unlimited licensure. The terms do not
include persons licensed as an adjuster or public adjuster by states other
than the State of Florida.
(c)
“Emergency” and “Catastrophe.” These two terms as used in section 626.874,
Florida Statutes, are synonymous, and no separate treatment is afforded
catastrophe over emergency adjusters.
(d)
“Emergency adjuster” when used in this rule without further specification,
includes emergency company adjusters, emergency independent adjusters,
and emergency public adjusters.
(e)
“Public adjuster” when used in this rule without further specification,
includes both permanent resident licensed public adjusters and emergency
public adjusters.
(f)
“Unlicensed persons” as used in this rule means and refers to persons who
are not actually currently licensed in good standing by this department as an
adjuster, whether the licensure be permanent resident licensure or
emergency licensure pursuant to this rule.
83
(4)
General Provisions Applicable to All Emergency Adjusters.
(a)
(b)
Declaration of Emergency; Determination that Emergency Exists.
1.
The Department does not issue proclamations or other formal
declarations of emergency. Instead, any person believing that an
emergency exists and desiring licensure under Section 626.874,
Florida Statutes, shall apply or cause application to be made to the
Department for such licensure.
2.
For purposes of Section 626.874, Florida Statutes, an emergency exists
when, due to a specific, infrequent, and sudden natural or manmade
disaster or phenomenon, there have arisen losses to property in
Florida that are covered by insurance, and the losses are so numerous
and severe that resolution of claims related to such covered property
losses will not occur expeditiously without the licensing of emergency
adjusters due to the magnitude of the catastrophic damage.
3.
A failure of claims to be resolved expeditiously shall exist upon an
insurer’s filing with the Department a written statement that one of the
following conditions exists:
a.
The insurer expects to incur at least 500 claims as a result of
the event; or
b.
The magnitude of the event is expected to generate twice the
mean number of claims for one month for the affected area.
4.
Requests for emergency adjuster licensure as an independent adjuster
must be accompanied by the same statement from an insurer who
requires such services.
5.
If the Department determines that an emergency exists, public
adjusters seeking emergency licensure shall upon request be granted
licensure pursuant to the provisions of this rule.
Licenses Valid for 180 Days.
1.
Emergency adjuster licenses are valid for 180 days from the date of
issuance of the emergency license, unless a shorter period of time is
specified in the license as issued. Because emergency licensure is an
extraordinary deviation from regular licensing procedures, it is
Department policy to specify, as the duration of emergency licensure,
the shortest possible time in each particular emergency.
2.
The Department shall grant an extension of emergency licensure if the
conditions set forth in (4)(a)2. of this rule still exist. Each extension will
last for a period of up to an additional 180 days.
a.
To apply for an extension of licensure as an emergency company
or independent adjuster, the licensee shall execute Form DI4-
84
396E, “Application for Extension of License and Appointment as
an Emergency Adjuster,” rev. 10/95, which is hereby adopted
and incorporated by reference, and shall submit to the
Department the applicable fee, as specified in Form DI4-396E,
for each extension.
b.
To apply for an extension of licensure as an emergency public
adjuster the licensee shall execute Form DI4-AAS-1E,
“Application for Extension of License and Appointment as an
Emergency Public Adjuster,” rev. 10/95, which is hereby
adopted and incorporated by reference, and shall submit the fee
specified in Form DI4-AAS-1E, for each extension.
c.
These forms may be obtained at the Bureau of Licensing, 200 E.
Gaines Street, Tallahassee, Florida 32399-0319.
d.
Only the licensure type and class which the licensee holds at
the time of application for extension may be extended.
(c)
“Temporary Licenses.” The provisions of Section 626.872, Florida Statutes,
regarding “Temporary Licenses” are not applicable to licensing persons
temporarily for catastrophe or emergency situations.
(d)
Emergency-Related Losses Only. Licensure as an emergency adjuster may be
used only for adjustment of losses directly resulting from the emergency
regarding which the license was issued.
(e)
Natural Persons Only. The Department issues emergency adjuster licenses
only to natural persons.
(f)
Address For Department. Unless a different address is specified herein, any
notice or other item to be provided to the Department, shall be addressed as
follows: Bureau of Agent/Adjuster Licensing, Florida Department of
Insurance, 200 East Gaines Street, Tallahassee, FL 32399-0319. If the
communication is from or on behalf of a licensee, it shall not be deemed
effectively received unless it shows the licensee’s full name, license number,
address, and phone number.
(g)
Administrative Jurisdiction. By applying for pre-qualification determination
or licensure as an emergency adjuster the applicant agrees that:
1.
The applicant is subject to all the disciplinary provisions and penalties
of the Florida Insurance Code and the administrative procedures set
forth in the Florida Statutes for the routine processing of such charges;
2.
Jurisdiction for acts committed prior to licensure or while licensed
continues after the emergency licensure expires or is terminated;
3.
If after the licensure expires or is terminated, the Department has
reason to believe there was a violation of any provision of the Florida
Insurance Code by the former licensee while licensed, the Department
is not precluded from filing administrative action against the former
85
licensee, and from serving the charges by certified mail to the licensee,
or by publication of notice of action in the legal notices section of a
newspaper of general circulation in or near the city or county of
permanent residence or place of business as shown on the licensee’s
application for emergency licensure if certified mail service is
unsuccessful;
(h)
(5)
4.
The former licensee will respond to and defend the charges in Florida,
or be defaulted;
5.
The former licensee will not assert lack of jurisdiction; and
6.
The former licensee believes that the preceding provisions satisfy
minimum due process requirements of all state and federal
constitutions.
Civil Jurisdiction; Service of Process. By the act of applying for prequalification determination or licensure as emergency public adjuster, the
applicant irrevocably:
1.
Agrees and submits to the jurisdiction of the courts of Florida
concerning civil liability for all acts in any way related to the licensee’s
activities under licensure in Florida;
2.
Designates the Florida Treasurer and Commissioner of Insurance as
the applicant’s agent for service of all process in any way related to the
applicant’s activities licensed as an emergency public adjuster; and
3.
Agrees that these provisions shall survive the expiration or termination
of pre-qualification or licensure.
Emergency Company and Independent Adjusters. The provisions of this subsection
apply only to emergency company and emergency independent adjusters, and not to
licensure of emergency public adjusters.
(a)
All Florida-licensed insurers, independent adjusters, and general lines
agents, shall use the following procedures to utilize emergency company or
independent adjusters. The entities or persons listed in the preceding
sentence may immediately and without advance paperwork to this
Department, engage and cause commencement of catastrophe adjusting work
for themselves, by any persons, whether on their staff, or hired by them, or
engaged by them as independent contractors or as employees of a contractor
engaged by them, which persons they determine to be qualified to do such
adjusting work, and even though the person is not currently licensed as an
adjuster in Florida. Within 30 calendar days after adjusting work has begun,
the appropriate entity official must execute and submit to the Department
Form DI4-396, “Application for License and Appointment as a Catastrophe or
Emergency Adjuster,” rev. 7/94, which is hereby adopted and incorporated by
reference, and shall attach a check for applicable fee per applicant, as
specified in Form DI4-396, payable to the Department of Insurance. Form
DI4-396 is available at all Department consumer service offices or from
Department headquarters. The application and check shall be submitted to:
86
Bureau of Licensing, P.O. Box 6000, Tallahassee, FL 32314-6000, or by
overnight courier to: Bureau of Licensing, 200 East Gaines Street,
Tallahassee, FL 32399-0319. One check may be used to pay the fees for
multiple applications submitted together.
(b)
Within 3 days of when an emergency adjuster begins work, the insurance
company, independent adjuster, or general lines agent that is using the
emergency adjuster must fax to the Bureau of Licensing the name of the
emergency adjuster and his/her social security number. The fax must be on
the letterhead of the insurance company, general lines agent, or independent
adjuster/firm, and shall include the name and phone number of the contact
person regarding emergency adjuster licensing. Contact should be made with
the Department for the appropriate fax numbers.
(c)
The insurance company representative, general lines agent, or independent
adjuster who signs Form DI4-396 to certify that the applicant is qualified
(referred to herein as the “certifier”), thereby appoints the applicant to
represent that company, agent, or independent adjuster; and once the license
is issued, the certifier is bound by the acts of the applicant as in the case of
any regular licensed (non-Temporary or non-Catastrophic) adjuster licensed
pursuant to Chapter 626, Florida Statutes, appointed by that company,
agent, or independent adjuster. Such responsibility continues until such time
as said certifier shall notify the Department in writing that the certifier
desires to terminate the certification, at which time the emergency license is
cancelled automatically, until such time as the applicant can obtain another
certifier.
(d)
The insurer, general lines agent, or independent adjuster who certifies to the
Department that the applicant is qualified, is responsible for assuring, by due
diligence inquiry, that the applicant is in fact qualified to adjust claims and is
of good and honest character.
(e)
There is an affirmative duty on the insurance company, general lines agent,
or independent adjuster signing Form DI4-396, to provide continuing and
significant supervision to the applicant after licensure.
(f)
Nonresident Company Adjusters. Persons employed by insurers and licensed
by the Department as non-resident company adjusters may temporarily come
into Florida and work out of Florida offices as emergency adjusters for their
employing insurance company without further licensure from the
Department, for 180 days or such shorter time as the Department may by
emergency rule specify as the maximum duration of emergency licensure for
that particular emergency, and will not be deemed to have a Florida office
such as would disqualify them from holding non-resident licensure or be held
violative of their non-resident license status; provided, their employing
insurance company shall before allowing such persons to adjust emergency
losses while physically in Florida, provide the Department with a listing of the
names and adjuster license numbers of all such persons, and shall obtain
from the Department written acknowledgment that an emergency exists,
specifying the emergency.
(g)
Application for Emergency Adjuster Licensure as a Company or Independent
87
Adjuster. Application for licensure as an Emergency Adjuster shall be made
on Form DI4-396, “Application for Licensure and Appointment as Emergency
Adjuster,” rev. 10/95, which is hereby adopted and incorporated by reference.
(6)
Emergency Public Adjusters: General Provisions. This subsection pertains only to
licensure of emergency public adjusters.
(a)
Advance Approval Required.
1.
2.
(b)
No person may commence work as an emergency public adjuster until
notified in writing by the Department that the Department:
a.
has received an application and made an affirmative prequalification determination and issued a letter so indicating, or
b.
has been approved for licensure if
determination was requested in advance.
no
pre-qualification
If the pre-qualification method is used, the subject of the prequalification must request licensure pursuant to subparagraph (7)(b) of
this rule in order to commence work.
Background Checking; Grounds for Denial. As to all applications for licensure
as an emergency public adjuster, the Department shall conduct such
background inquiry as is necessary to determine the applicant’s fitness and
character. Adverse information noted in any area will be grounds for denial of
application. The inquiry is limited to:
1.
Inquiry of state or federal regulatory authorities in other states where
the applicant has resided or done business;
2.
Checking references provided;
3.
Inquiry of criminal databases and law enforcement authorities; and
4.
Checking for judgments and other adverse credit references.
(c)
Bond Required. No person will be licensed as an emergency public adjuster
unless the applicant has supplied to the Department the $5,000 bond
required by Section 626.865(2), Florida Statutes. Applications for licensure
will be received and preliminarily processed without the bond, but no
licensure shall be issued until the bond is received in good and proper form.
(d)
Policy Regarding Licensing Threshold. It is Department policy and finding
that a substantially higher threshold of certainty regarding fitness and
character is appropriate and required for licensure as an emergency public
adjuster, as compared to licensure as an emergency company or independent
adjuster. This is because if a company or independent adjuster proves
dishonest or incompetent, there is generally a regulated insurance company
that may be required to make good that adjuster’s misconduct. However,
regarding a public adjuster, there is no such safeguard for consumers.
88
(e)
(f)
(g)
Records To Be Kept.
1.
All emergency public adjusters shall at all times while licensed and for
30 days thereafter maintain in Florida an office and keep their records
or copies of all records relating to all Florida losses being adjusted or
previously adjusted under said emergency licensure. All emergency
public adjusters licensed under this rule shall designate their Florida
office location to the Department within 72 hours after becoming
licensed, and shall notify the Department in writing within 24 hours of
any change in said office location. Failure to designate such an office to
timely update the Department as to its location is grounds for
immediate termination of licensure. The address of this office shall
appear on all contracts, literature, etc., used by the public adjuster.
This office shall be open and staffed at least six hours of every day,
between the hours of 8 AM and 5 PM, Monday through Friday, public
holidays excluded.
2.
The records and offices of all emergency public adjusters shall be
subject to inspection by the Department without notice at any time.
Advertising. All emergency public adjusters are strictly prohibited from
advertising. Advertising means promotions, statements of availability,
qualifications, and other similar statements, appearing on or in television,
radio, newspapers, or magazines; and flyers, brochures, adhesive stickers
affixed to any structure showing the adjusters name, address, phone number,
and other similar information. Emergency public adjusters shall not use the
services of any person or firm, who advertises for the emergency public
adjuster, or who is directly or indirectly compensated for referring potential
clients to the emergency public adjuster. The following do not constitute
prohibited advertising:
1.
The emergency public adjuster personally handing to any claimant or
potential claimant brochures or other descriptive materials as to the
public adjusting function, the public adjuster’s qualifications, fees, and
other similar information.
2.
Solicitation (as defined herein) of work, by the emergency public
adjuster in person, wherein the solicitation is made to the loss
claimant, and subject to other limitations in this rule concerning
solicitation; provided, limited emergency public adjusters may not
solicit work on any premises which are not clearly commercial
premises.
Advising Claimants and Others. The advising of insureds, claimants, potential
claimants, or other persons as to the role, value, or usefulness of public
adjusters is deemed to be a material part of the business of public adjusting,
and therefore requires licensure as a public adjuster under the laws of
Florida and this rule, and may be engaged in only by persons licensed by this
Department as permanent or emergency public adjusters. Unlicensed persons
may not engage in such activity even under the supervision of a licensed
public adjuster.
89
(7)
(h)
Certain Contracts Unenforceable. It is Department policy that contracts
engaging the services of a public adjuster, entered into in violation of any
provisions of this rule or any emergency rule, shall be declared unenforceable
on the part of any public adjuster, as violative of public policy.
(i)
Photo ID Required. No emergency public adjuster, once approved for
licensure by the Department, shall be licensed or commence work, until
obtaining from the Department a photo identification card, paying in
connection therewith the applicable fee as specified in Forms DI4-AAS-1 and
DI4-AAS-3.
Emergency Public Adjuster Applicants.
(a)
To apply for licensure as an emergency public adjuster, the applicant shall
execute Form DI4-AAS-1, “Application for License and Appointment as an
Emergency Public Adjuster,” rev. 3/96 which is hereby adopted and
incorporated by reference, and shall submit the fee specified in Form DI4AAS-1.
(b)
To apply for pre-qualification determination for licensure as an emergency
public adjuster, the applicant shall execute Form DI4-1199 “Application for
Pre-qualification for Licensure as An Emergency Public Adjuster” Rev. 6/96
which is hereby adopted and incorporated by reference, and shall submit the
fee specified in Form DI4-1199.
(c)
1.
Pre-Qualification Determination is not required for licensure an
Emergency Public Adjuster. However, persons are urged to pre-qualify
prior to a disaster in order to expedite the emergency licensure
process.
2.
Pre-Qualification Determination requests will be considered between
January 1 and April 30 of each year.
3.
Any Pre-Qualification Determination made will be valid for a period of
two years.
(d)
(e)
1.
Persons may apply for pre-qualification determination or licensure as
an emergency public adjuster if they are currently licensed as a public
adjuster in their home state for the type or kinds of insurance for which they
intend to adjust claims in this state.
2.
Applicants must be in good standing in all states where so licensed.
3.
Evidence of good standing must be in the form of a current original
Letter of Certification from the applicable state insurance
department(s). The letter shall not be older than 90 days when
submitted in connection with the application for licensure or prequalification determination.
The application form must be signed by three persons:
1.
The person to receive emergency licensure;
90
2.
A regularly licensed (non-Temporary, non-Catastrophic) public
adjuster who will supervise the emergency public adjuster (the
supervising public adjuster); and
3.
One of the following persons (the certifying person):
a.
an officer of a Florida-licensed or admitted insurance company;
or
b.
a Florida-licensed independent adjuster in good standing; or
c.
a Florida-licensed resident general lines insurance agent in good
standing.
(f)
The application form may be obtained at all Department consumer service
offices or from Department headquarters in Tallahassee and must be sent,
with a check for the applicable fee, as specified in Form DI4-AAS-1 or DI41199, to: Department of Insurance, P.O. Box 6000, Tallahassee, FL 323146000; or the applicant may contact the Department for an address to use of
overnight courier service.
(g)
Supervising Public Adjuster. Licensees who are licensed under this
subsection must be supervised by a regularly licensed (non-Temporary, nonCatastrophic) resident public adjuster in good standing while they are
performing work under their emergency public adjuster licensure. The
emergency licensure automatically terminates if the supervising public
adjuster ceases to supervise the emergency adjuster. The emergency adjuster
will be deemed to be an appointee of the supervising public adjuster. The
supervising public adjuster is under an affirmative duty to provide
continuing, significant supervision to the emergency public adjuster whose
application he/she signed. The supervising public adjuster may prospectively
terminate this duty at any time by notifying the Department by certified mail,
return receipt requested, or by overnight courier, that he/she will no longer
be supervising the emergency public adjuster as of a date specified in said
letter. Such a notice is not effective until actually received by the Department.
Specific Authority.-- 624.308 FS.
Law Implemented.-- 624.321, 624.501,
626.865(2), 626.870, 626.874, FS.
626.112(1),
626.521,
626.601,
626.854,
History New 2-25-93; amended 8-18-94; 1-7-97; 10-20-97.
Cross Reference 626.874; 626.872; 626.865; 624.308; 624.501; 626.112; 626.171;
626.521; 626.601; 626.854; 626.870; 626.878
Date New 1993
Date Amended 1994; 1997; 1997
Due Date 30 days after; 3 days after; 72 hours after; 24 hours after
91
92
Appendix 6A: Florida Department of Insurance Sample Disaster Response Plan
Florida Department of Insurance
Disaster Response Coordination Plan
2001
(Revised May 2001)
93
Table of Contents
Purpose
95
Level Definitions ............................................................................................................ 95
Volunteer Statement ...................................................................................................... 96
Introduction................................................................................................................... 97
Office of The Chief of Staff .............................................................................................. 98
Division of Administration – Emergency Coordinating Officer .......................................... 99
Division of Administration .............................................................................................103
Office of Budget and Financial Services .........................................................................105
Office of Policy Analysis and Intergovernmental Relations ..............................................107
Office Of Cabinet Affairs ................................................................................................108
Division of Agents & Agencies Services ..........................................................................109
Division of Consumer Services ......................................................................................117
Division of Insurance Fraud ..........................................................................................121
Division of Legal Services ..................................................................................................128
Division Of Rehabilitation And Liquidation ..........................................................................130
Division of Risk Management ........................................................................................133
Division of Treasury ......................................................................................................136
Office of Communications and Public Affairs .................................................................140
Budget and Strategic Planning ......................................................................................142
Disaster Cellular Phone Pool .........................................................................................144
Addendum 144
Standard Telephone Message ........................................................................................145
Hurricane Telephone Message .......................................................................................145
Post Disaster Continuation ...........................................................................................146
Adjuster SERT badges...................................................................................................147
Office Closing Procedure ...............................................................................................148
Leave Provisions For Office Closings ..............................................................................149
Extra Hours Worked–Excluded Employees ....................................................................150
Extra Hours Worked–Effect on Annual Leave Used ........................................................151
Career Service Classes And Overtime ............................................................................152
Overtime For Included Law Enforcement Employees ......................................................156
Review and Improvements.............................................................................................157
Emergency Response Organization Chart ......................................................................158
94
Purpose
The purpose of this manual is to provide procedures that will assure a well-coordinated
response to any disaster. The manual sets forth the various actions to be taken by those
involved in the response. It sets forth a reporting procedure to ensure all levels of
management are aware of the status of the Department’s response. The response processes
have been designed to be implemented based on the Chief of Staff’s determination of the
Department’s level of participation.
Level Definitions
Activation levels mirror the definitions used by the Department of Community Affairs,
Division of Emergency Management for activating.
Level two is Preparation. The Department stays in this level year round in preparation for
any disaster.
Level one is activation immediately preceding or following an event. The activation is
based on the severity of the event and the anticipated involvement of the Department.
95
Volunteer Statement
Statement of Policy
The volunteering by DOI employees to work during and after a disaster is critical to meeting
our responsibilities as a major disaster response and recovery agency. The Department places a
tremendous value on sacrifices made by volunteers, supervisors and managers who not only
accommodate, but also encourage employees to volunteer. While insurance knowledge is
preferable, employees with the willingness to learn and assist consumers are welcome to
volunteer. In the event sufficient employees do not volunteer during and after a disaster,
employees may be temporarily reassigned to perform disaster recovery duties.
Purpose
To articulate the importance of DOI employees voluntarily participating in disaster recovery
that does not involve their regular job duties and that each employee understands the
importance of providing assistance as needed.
Procedure
Each division will be asked to provide volunteers. A specific number of employees will be
needed from each division. A total of 75 employees will be identified and trained as the initial
Volunteer Pool.
Employees will be asked to volunteer for not more than one week at a time, unless the DOI
Emergency Coordinating Officer makes a specific request.
Employees who desire to volunteer should advise their supervisor of their willingness to
volunteer. Divisions will recruit, approve and forward to the ECO a list of current volunteers.
Employees should provide their name, division, bureau and section and their home and office
phone numbers, cellular and beeper number, if applicable, and T-shirt size.
“Included” volunteers may elect accrual of comp leave credits on a time and a half basis in lieu
of cash payment for overtime worked during the 40-hour work week, or extended period by law
enforcement. (See addendum.)
“Excluded” volunteers may elect cash payment on an hour-for-hour basis in lieu of comp leave
credits for overtime worked during the month. (See addendum.)
Employees will be notified as soon as the Emergency Operations Center (EOC) has advised DOI
of the need for volunteers. (Often the notice is less than 24 hours.)
Volunteers will be briefed on job assignments, employee safety, destination, room
accommodations, mode of travel and travel expenses before departure. Every effort will be made
at the time of assignment to accommodate a volunteer’s request to work with a particular
individual, location, or job assignment. Volunteers are advised of the need for having a personal
credit card to use for disaster travel. If the employee does not have a personal credit card to use
for travel expenses, a cash advance for expenses can be arranged prior to departure.
All volunteers will be required to take the homeowners insurance training course, if necessary.
Volunteers will be recognized and commended for their response to the needs of disaster
victims.
96
Introduction
The Department of Insurance is committed to assisting with the insurance needs of the
residents of the State of Florida. This becomes especially important when a natural
disaster strikes. Services to citizens are initiated in several ways, by many parts of the
department.
Direct services to insurance policy holders are initiated immediately through a First
Response Program, which activates a Consumer Services field office to quickly assess the
scope of damage and begin to provide services at the disaster location.
When needed, specially trained volunteers from the Department in Tallahassee are
deployed to the disaster location. These volunteers work directly with disaster victims
assisting with insurance claims in FEMA sponsored Disaster Recovery Centers, or
providing outreach by traveling into the damaged areas to assist. In addition to
responsibilities specifically assigned to each Division, all Divisions will be responsible for
staffing Department volunteer efforts. The level of participation will be ultimately
determined by the severity of the disaster.
The Division of Fire Marshal is mobilized and becomes part of the state emergency
management system by taking on the role of lead agency for Emergency Support Functions
(ESF) 4 Fire Services and 9.Search and Rescue.
The Division of Agents & Agencies Services and the Division of Insurance Fraud send
investigators to the disaster location to monitor and regulate unlicensed adjuster and
agent activity.
The Division of Fraud provides law enforcement assistance through the activation of its
Emergency Response Teams (ERT) working closely with investigators from Agent and
Agency Services and also provides security for the department volunteers in the damage
areas.
The Division of Consumer Services hotline in Tallahassee will be continuously manned to
respond to telephone request for assistance.
The Division of Insurer Services mobilizes to work with affected insurance companies to
insure that claims are processed expeditiously and coverage issues are adequately
addressed.
The Division of Administration mobilizes to provide specialized support to the department
employees who are assisting victims of the disaster.
The Legal Division prepares to assist with volunteers, and activates its Legal Team that
prepares and pursues legal courses in the area of enforcement and rule drafting.
The Division of Treasury, Rehabilitation & Liquidation, and Risk Management continue
day-to-day operations and provide volunteers to travel to the damage area if needed.
The Office of Information Services will assure that appropriate network, mainframe,
desktop and telecommunications systems and resources will be available to support the
Department’s required response to any declared emergency situation.
The following identifies the operating procedures that are implemented by each Division in
the event of a disaster.
97
Office of the Chief of Staff
DOI
Activation
(Level 1)
TIME
Action
Person
FRAME
Accountable
Disaster
Approve initiation of new activation level or cancellation
Imminent
of an activation level upon notification by ECO of FEMA
In Progress or EOC action.
Or Has
Occurred
Receive immediate feedback on level of disaster,
destruction and required Department resources. Approve
number of volunteers from Tallahassee to be deployed.
Approve Field/Service Offices recommended for
designation as First Responders.
Approve Deputy Insurance Commissioner, Division
Directors, and ECO to commence deployment of
appropriate Department staff.
Attend briefings among Chief of Staff, Deputy Insurance
Commissioner, primary field manager, ECO, and Division
Directors.
Dispatch senior staff, if necessary, to the disaster site to
perform liaison duties.
Approve staff assignments/activities for staff affected by
the disaster or other impacts associated with the
disaster.
Approve a Hurricane Emergency Recording on the phone
lines when the Larson Building is closed.
98
Division of Administration – Emergency Coordinating Officer
DOI
Preparation
(Level 2)
Activation
(Level 1)
Time
Frame
By June 1st
Continue
thru entire
year
Action
Assure that adequate supplies are available for disaster
teams and volunteers. Obtain annual update to
Volunteer Disaster Manual from Consumer Services
Division Disaster Coordinator. Update handouts for
volunteers, order three-ring binders, T-shirts and other
disaster volunteer supplies. Review orientation
handbook. Update where necessary. Order and maintain
a supply of magnetic signs “Florida Department of
Insurance Disaster Recovery Team” for use on
Department driven vehicles sent to recovery/outreach
sites.
Update the fax and/or phone listings for the CAT
directors/claims personnel, of the larger insurance
companies with home owners/auto exposure in Florida
Recruit, identify and confirm an initial disaster team pool
(Volunteer Pool) of at least 75 volunteers. Inventory
strengths and weaknesses of team members and provide
copy of inventory to Consumer Services Division Director.
Offer training to volunteers (i.e. homeowners and auto
courses).
Monitor the weather and remain alert for the possibility
of weather changes that may strike the coast of Florida.
Notify divisions when the Chief of Staff initiates or
cancels a level.
After the initial volunteers are selected, determine if there
are additional volunteers who will be available if needed.
Disaster
Coordinate with the Department of Community Affairs
Imminent
(DCA), the Director and the Recovery Coordinator,
In Progress Federal Emergency Management Agency (FEMA) and
Or Has
others to assure maximum efficiency and
Occurred
communication.
The ECO will obtain approval from the Chief of Staff for
initiation of Level 1 and determination of any other
necessary action. (Meetings, follow-up from the EOC,
etc.). The ECO is the primary onsite staff person at the
State EOC and is responsible for logistical coordination
and deployment of volunteers from Tallahassee. The Fire
Marshal duty officer will call the ECO immediately as the
State EOC is activated. The ECO will activate and alert
all Department of Insurance (DOI) personnel by placing
an appropriate message on the Department Disaster
Assistance Call processing number (922-3191) and/or email.
If appropriate, the ECO will go to the EOC and check in
with ESF 4 & 9 and recovery operations.
Depending on the level of disaster (or category of
hurricane), it may be necessary for the ECO to alert
volunteers of the possibility of the immediate future
opening of Disaster Recovery Centers. Coordinate with
the Department of Community Affairs (DCA), Federal
Emergency Management Agency (FEMA) and others to
assure maximum efficiency and communication.
99
Person
Accountable
DOI
Time
Frame
Action
The following 18 steps apply to the initial and all
subsequent volunteer deployments.
The ECO will coordinate with the Chief of Staff any EOC
information that may assist or inform first responders
sent out from Consumer Services Field Offices.
Volunteers are notified of the approximate activation date
(if known), possible duration of stay, transportation,
housing and food availability. In addition, volunteers are
notified of the availability of advance travel funds and
pre-payment of hotels where possible.
Notify the Offices of Personnel, and Support Services,
regarding the possible use of volunteers to allow for their
office planning.
Notify the Bureau of Financial and Support Services to
plan and make arrangements (where necessary) for
travel, hotels, rental cars and cash advances.
Notify the Office of Purchasing of the number of
volunteers necessary and to anticipate the necessary
purchases for such an undertaking.
Notify the Bureau of Personnel Management the number
of volunteers necessary in order to prepare appropriate
information for each of these individuals regarding
overtime, workers’ compensation and other information.
Upon request for Department volunteers from the EOC or
FEMA, the ECO will obtain approval from the Chief of
Staff to deploy requested volunteers, contact Division
Directors for names of volunteers to be deployed from the
Volunteer Pool, notify the Director of Consumer Services
of the deployment, and logistically coordinate the
deployment.
As the decision for the Division of Consumer Services
makes individual assignments, the Division will send the
ECO the list of assignments. The EOC Recovery Office
will be notified indicating name, assigned site, duties and
responsibilities and experience of each volunteer. This is
repeated as new volunteers are developed and assigned
(who is replacing whom, etc.). On a weekly basis, a copy
of the same list will be sent to the Bureau Chief of
Personnel Management.
The Consumer Services Division Director will be notified
which volunteers will be deployed so that Consumer
Services can make work and geographic location
assignments. The volunteers will be asked to report to
the Larson Building or other appropriate gathering site,
to receive appropriate orientation, instructions, handouts
and travel information. From that site, the volunteers will
proceed to their assigned areas and report to duty.
100
Person
Accountable
DOI
Time
Frame
Action
As volunteers are verified, individual assignments of
volunteers and field staff are made by the Division of
Consumer Services and logistically coordinated by the
ECO. Logistical coordination shall include responsibility
for making travel arrangements, training of volunteers,
cellular telephones, rental cars, travel advances,
reproduction and distribution of training materials and
Disaster Volunteer Manuals, ensuring that travel
vouchers are processed, collecting timesheets, collecting
Disaster Volunteer Manuals upon return of volunteers,
or any other assignment determined by the Chief of Staff.
Depending on insurance knowledge, supervisory and
past disaster work site experience, work assignments are
designated before the actual orientation. In the case of
stationary Disaster Recovery Centers versus roving
Outreach Programs, employees with insurance
knowledge, supervisory and/or previous disaster
volunteer experience are desired for outreach work.
Prior to the actual orientation meeting, sleeping
accommodations, rental cars, and travel cash advances
should be verified and confirmed.
Presenters and handouts should be identified and
confirmed for volunteer orientation. T-shirts, cellular
phones, laptop computers and any other items should be
located, checked and available.
Once volunteers are assigned and dispatched to their
work areas, a system of communications should be
maintained on logistical issues.
Contact Recovery Coordinator at the SEOC, for
preliminary information on possible recovery center sites
(number, locations, FEMA–DOI volunteers needed). Prior
to deployment, discuss recovery center logistics with
SEOC (Amenities: air conditioning, bathrooms, phones,
fax, etc.). Also inquire about preliminary discussions for
outreach DOI volunteers needed. Arrange orientation
with recovery personnel at EOC for both DOI and FEMA
representatives.
If additional employees are needed for the Volunteer Pool,
an electronic mail message is sent to all Tallahassee
employees advising of the need for additional volunteers
for the duration of the event. A separate request is to be
sent to all Division Directors requesting volunteer
recruitment assistance. Division Directors will then send
the lists of additional employees to be added to the
Volunteer Pool to the ECO. The Chief of Staff is to be
notified if the Volunteer Pool is not of sufficient size to
staff Department disaster recovery duties.
101
Person
Accountable
DOI
Time
Frame
Action
As teams of volunteers are developed, provided
orientation and dispatched to Disaster Recovery Centers,
additional relief volunteers need to be recruited, verified
and prepared to replace those just sent, upon approval of
the Chief of Staff. In addition, a site for orientation, all
presenters and the necessary materials for their
orientation must be prepared. If approved by the Chief of
Staff, contact the Division of Rehabilitation and
Liquidation to request volunteer assistance.
Appropriate recognition (e-mail to the returning
volunteers and their supervisors, an appropriate mention
in the employee newsletter, certificates of recognition and
any other appropriate recognition) should be initiated
when the volunteers return from the field.
Approve in writing all travel reimbursement requests for
employees’ time spent on disaster relief.
*The ECO regularly meets with approximately 20 to 25 of
the disaster/claims representatives of the companies
with the larger exposures in Florida to mutually plan for
activation of disaster plans for the benefit of
policyholders.
*The ECO will contact by fax and/or phone the CAT
directors/claims personnel, of the larger insurance
companies with home owners/auto exposure in Florida
(as requested).
102
Person
Accountable
Division of Administration
DOI
Preparation
(Level 2)
Activation
(Level 1)
Time
Action
Frame
By June 1st Two members of the Larson Receptionist Staff will be
Continue
identified to come to work in the event the Larson
thru entire Building is closed and the phones need to be open.
year
Request list of volunteers and notify ECO of this
information
The Facilities Management Consultant will update fax
and/or phone listings for the landlords of all leased office
space.
After the initial volunteers are selected, recruit additional
volunteers who would be available if needed.
Alert the Bureau Response Team members.
Ensure all material prescribed by the Bureau’s Disaster
Plan is on hand in sufficient quantities.
Prepare material needed for briefing of volunteers.
The Facilities Management Consultant will contact by fax
or phone the landlords of leased office space in the
affected areas to request advance notice of office closings
Disaster
Reaffirm the two members of the Larson Receptionist
Imminent
staff who will come to work in the event the Larson
In Progress Building is closed and the phones need to be open.
Or Has
Occurred
Recruit additional employees for the Volunteer Pool as
necessitated by the severity of the event and requested by
the ECO. See 1 & 2.
Upon notification of any office closings, the Chief of Staff,
affected Division Directors and ECO will be notified by
the Facilities Management Consultant.
1.
Place all administrators within Support Services on
notice of pending disaster.
2.
Place all administrators within the Bureau of Personnel
Management on notice of pending disaster.
Brief all volunteers on emergency time sheets and overtime options available prior to deployment.
Brief volunteers on emergency purchasing procedures.
After notification by the affected Division Director, modify
designated Purchasing Cards upon issuance of an Office
of the Governor Executive Order, or when a state of
emergency has been declared. Inform the Division
Directors when complete.
Coordinate all support services for DOI employees and
operations.
Continue to brief volunteers on emergency time sheets
and over-time options available and other personnel
issues prior to deployment.
Audit emergency/disaster time sheets and provide copies
to staff in the Bureau of Financial and Support Services.
103
Person
Accountable
Purchasing
Purchasing
Card
Administrato
r
DOI
Time
Frame
Continuation After
Disaster
Action
The Director’s Office will participate in any debriefing
activities and disseminate any pertinent information.
Participate in debriefing activities and disseminate any
pertinent information.
Upon cancellation of an office of the Governor Executive
Order or state of emergency, restore to original
configuration the designated Purchasing Cards. Notify
Division Directors when completed.
104
Person
Accountable
Purchasing
Purchasing
Card
Administrato
r
Office of Budget and Financial Services
DOI
Preparation
(Level 2)
Activation
(Level 1)
Time
Action
Frame
By June 1st After the initial volunteers are selected, recruit additional
Continue
volunteers from the Office of Budget and Financial
Thru Entire Services, on an as needed basis.
Year
Review uniform procedures for the Office of Budget and
Strategic Planning to be utilized in the event of a disaster.
Obtain Disaster Recovery Procedures relating to funding
recovery from the Governor’s Office of Planning and
Budgeting.
Attend disaster preparedness training provided by the
State Emergency Operations Center.
Designate which budget staff will be responsible for
monitoring the current situation and will assign
responsibility in the event of activation and notify the
Department’s Emergency Coordinating Officer (ECO)
accordingly.
Place all administrators within the Bureau of Financial
Services on notice of pending disaster.
Upon the activation of the State Emergency Operations
Center, schedule time to participate in the Emergency
Support Functions #4 and #9 recovery operations in
addition to monitoring the work flow at the Center
between the Department of Community Affairs
Forward all updates, provided by the Department staff
operating the EOC, to all budget staff.
Attend the Department of Insurance’s EOC, upon
activation, to become acquainted with the process and
work flow.
Notify the ECO that activation action steps have been
activated.
Assign an employee to the State EOC, when necessary.
Person
Accountable
Bureau of
Financial
Services
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Bureau of
Financial
Services
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Chief, Bureau
of Financial
Services and
Budget
Director
Continually brief DOI volunteers on the Department’s
Finance and
disaster travel procedures and provide travel advances as Accounting
needed.
Director
Participate in scheduled conference calls with the
Chief, Bureau
Department of Community Affairs, State Budget Officers of Financial
and Governor’s Office.
Services and
Budget
Director
Send e-mail to the Director of Budget and Financial
Budget
Services and ECO with pertinent information obtained as Director
a result of the conference calls.
105
DOI
Time
Frame
Continuation After
Disaster
Action
Person
Accountable
Budget
Director
Notify the Department’s ECO of schedule for cost
estimates as required by the Department of Community
Affairs and the Executive Office of the Governor, Office of
Planning and Budgeting.
Notify the Division of Risk Management, Chief, Bureau of Budget
Property
Director
Financial and Risk Services, of schedule for cost
Affairs, and the Executive Office of the Governor, Office of
Assist the Division of State Fire Marshal and other
Budget
effected divisions in computing cost estimates.
Director
Begin expense data collection process and coordinate with Finance and
ECO and Budget Director for any additional funding
Accounting
requirements.
Director
Coordinate with the Bureau of Financial Services in the
Budget
collection and compilation of all disaster costs and
Director
provide this information to the Department of Community
Affairs, Executive Office of the Governor, Office of
Planning and Budgeting and Director of Budget and
Financial Services
Coordinate with the Chief, Bureau of Financial Services
Finance and
and Chief, Bureau of Licensing, any emergency licensing Accounting
activities
Director
Participate in debriefing activities and disseminate any
Chief, Bureau
pertinent information.
of Financial
Services
Continue expense data collection process and coordinate Finance and
with ECO and Budget Director for any additional funding Accounting
requirements.
Director
Services and
Budget
Director
Prepare budget amendments for submission to the Office Budget
of Planning and Budgeting as needed.
Director
Budget
necessitated by the severity of the event and requested by Director
the ECO.
Necessary action steps from Activation (Level 1) will
Budget
continue.
Director
106
Office of Policy Analysis and Intergovernmental Relations
DOI
Preparation
(Level 2)
Activation
(Level 1)
Time
Action
Frame
By June 1st Maintain fax and phone listings for all Legislators and
Continue
Legislative Leadership
thru entire
year
Disaster
Imminent
in Progress
or has
Occurred
Person
Accountable
Director of
Policy
Analysis and
Intergovernm
ental
Relations
Director of
information.
Policy
Analysis and
Intergovernm
ental
Relations
Contact Legislative leadership and affected Legislators by Director of
fax to provide information for their constituents and
Policy
function as liaison on insurance issues related to
Analysis and
disaster.
Intergovernm
ental
Relations
Director of
necessitated by the severity of the event and requested by Policy
the ECO
Analysis and
Intergovernm
ental
Relations
107
Office of Cabinet Affairs
DOI
Preparation
(Level 2)
Activation
(Level 1)
Time
Frame
By June 1st
Continue
thru entire
year
Disaster
Imminent
in Progress
or has
Occurred
Action
information.
the ECO
108
Person
Accountable
Division of Agents & Agencies Services
Division Disaster Coordinator (DDC) –
Division Director (DD) –
Assistant Division Director (ADD)–
DOI
Preparation
(Level 2)
Time
Frame
By June 1st
Continue
through
Entire year
Bureau Chief of Licensing (BCL) –
Bureau Chief of Investigation (BCI) –
Division Contact Person (DCP) –
Field Office Administrators – (FOA)
Division Disaster Operations Team – (DDOT)
Chief of Staff (COS)
Action
Establish a list of at least three (3) volunteers. Recruit
additional employees for the Volunteer Pool as
the ECO.
Procedures for filing emergency rules, mobilizing staff to
process applications for licensure and planning the
movement of investigators to disaster sites for
investigative activities are in effect and reviewed monthly.
Discussions with managers about selecting staff to travel
to disaster areas through volunteer programs have been
conducted and procedures are in place. Routinely review
leave requests of staff carefully to assure adequate staff
being on hand to meet needs.
Notify staff that does not have email of the number to be
called to obtain information on an emergency.
The Bureau Chief of the Bureau of Agent & Agency
Investigation will check with field office supervisors for
proper location of disaster-related equipment. Monthly BMails are sent to Field Office Administrators to insure all
disaster-related equipment is operational
The Division Disaster Coordinator will closely monitor all
activities or reports from other DOI or state agencies, and
keep management of Agents & Agencies Services apprised
of reports, developments or activities. This person may,
with the Division Director and Bureau Chiefs, attend
departmental meetings regarding the disaster and report
strategies, plans and/or positions of the Department to
the Division’s Disaster Operations Team.
The Division Contact Person will act as a receiver and
distributor of information regarding the Division’s
operations to parties within the Department in the event
the disaster is officially declared.
The Division Director will establish a Division Disaster
Operations Team made up of the Division Disaster
Coordinator, Division Director, Bureau Chief of the
Bureau of Agent & Agency Licensing, the Bureau Chief of
the Bureau of Agent & Agency Investigation, the
administrators within these two (2) bureaus, and the
Division Contact Person.
Develop Communication Trees
Review Emergency Adjuster Licensure applications and
other related forms for appropriate inventory levels. This
will be done in March and October. Adjustments will be
made as necessary.
109
Person
Accountable
DOI
Time
Frame
Action
Through coordination with the Bureau Office of
Consumer Assistance—re-supply Consumer Service field
offices with emergency adjuster licensure forms.
Agent and Agency Investigation Field Offices
Inspect all equipment (portable phones, copiers, laptop
computers and printers) monthly and charge all
batteries. Establish a list of volunteers. After the initial
volunteers are selected, determine if there are additional
volunteers who would be available if needed.
Prior to, during and after a possible disaster situation,
Field Office Administrators are to establish contact with
and maintain at all times the whereabouts of the
investigators under their supervision.
110
Person
Accountable
Field Office
Administrators,
FOA
– Dayton Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
Field Office
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
Field Office
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
DOI
Activation
(Level 1)
Time
Frame
Disaster
Imminent
in Progress
or has
Occurred
Action
Person
Accountable
Field Office Administrators are to make contact with and Field Office
obtain information from lodging providers in disaster
Administrators,
prone areas on an ongoing basis.
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
Identify and notify investigators who may be asked to
Field Office
travel to disaster areas for investigative work.
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
When there is ample time prior to the approach and/or
Field Office
impact of a natural disaster (e.g. hurricane, tornado,
Administrators,
flood, etc.), take necessary steps to safeguard Department FOA
property under their control (i.e. state cars, computer
– Daytona
equipment, office equipment, and confidentiality and
Beach
integrity of investigative files).
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
Inform Emergency Coordinating Officer (ECO) that
Preparation steps have been completed
Upon the activation of the Emergency Operations Center,
the Division Director and/or assigned staff will become
acquainted with the process and work flow at the Center
between the DCA and the DOI. (Coordinating with the
ECO)
111
DOI
Time
Frame
Action
Person
Accountable
Initiate dialogue with the Division of Insurance Fraud for
a fraud investigator to work with Agents & Agencies
Services’ investigators for developing cases, strategies
and procedures for arrest of unlicensed public adjusters.
Notify appropriate Bureau staff of activation, time and
locations of meetings.
Receive and respond to inquiries from insurers, adjusting
firms and others concerning the issuance of emergency
adjuster licenses.
The Bureau of Agent and Agency Licensing and the
Division of Consumer Services’ field offices will maintain
copies of the latest Emergency Adjuster Licensure Forms,
and provide the forms to interested persons or entities
upon request.
Provide daily briefing reports to the Deputy Insurance
Commissioner and Chief of Staff on requests/inquiries
about emergency adjuster license issuance.
Notify managers of the need to implement emergency
license procedures.
Make recommendations to managers on the need to
promulgate emergency rules.
Implement the mechanics of receiving, processing and
issuing emergency adjuster licenses.
Identify technology and other resources that may be
needed in disaster areas and put Field Office
Administrators on notice for the possible need for the
equipment.
Prepare computer equipment for impending disaster.**
Field Office
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
112
DOI
Time
Frame
Action
In the case of an impending disaster, confirm lodging for
task force personnel at or near the projected strike area
24 to 48 hours before landfall.
Inform ECO that activation action steps have been
completed.
Establish an enhanced regulatory presence in the
affected area where insured losses have occurred by
putting in place emergency investigative teams (task force
personnel) to discourage unlicensed and/or
unscrupulous insurance representatives from taking
advantage of the insured population.
Take immediate administrative action when necessary by
gathering evidence of unlicensed adjuster
solicitations/activities and refer the cases to the Division
of Legal Services on an expedited basis.
Investigate reports of unlicensed adjuster activities and
recommend to fraud investigators the arrest of persons
involved in unlicensed adjusting activities.
Assist the Legal Division in immediate enactment of
necessary emergency rules to accomplish the Division
and Department mission.
Establish an emergency licensing team to respond to
increased calls from insurance companies, independent
adjusting firms, public adjusters and DOI personnel
concerning licensing issues related to the disaster, as
well as from insureds checking on the license and
appointment status of adjusters with whom they may be
dealing. This team would be responsible for receiving and
faxing information, for mailing necessary licensure forms,
and for processing emergency adjuster licensure
applications.
Receive, review and approve applications for and affect
the emergency licensure of qualified individuals to adjust
losses pursuant to s. 626.859, Florida Statutes, and Rule
Chapter 4-220.001.
Circulate list of emergency adjusters who have been
licensed via fax method, to the Division Operations Team,
the Bureau of Investigation, Division of Consumer
Services and Division of Fraud. This listing refers to the
names which companies may fax to the Department prior
to the requirement that they formally submit the required
paper application.
113
Person
Accountable
Field Office
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
DOI
Time
Frame
Action
Provide necessary management or technical assistance
and support to other areas of the Department as
requested.
Staff is selected to participate in the Bureau’s initial and
subsequent site teams (Division volunteers and
designated staff at the DRCs).
Person
Accountable
Field Office
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
Move equipment, such as mobile telephones, pagers, etc., Field Office
to disaster areas as needed.
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
Establish close coordination with the local DIF officer-in- Field Office
charge and local law enforcement to evaluate the
Administrators,
possibility of violations of Florida Statutes by unlicensed FOA
adjusters.
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
114
DOI
Time
Frame
Action
Remain in routine contact with Bureau and Division
management to apprise them of adjuster activity and
damage assessment information as needed.
Continuation Disaster
Has
Occurred
Continuation After
Disaster
Inform ECO that performance action steps have been
activated.
Critical Action Steps from Activation (Level I) will
continue
Division-wide debriefing of returning staff/volunteers.
Person
Accountable
Field Office
Administrators,
FOA
– Daytona
Beach
– Ft. Myers
– Jacksonville
– Largo
– Miami
– Orlando
– Pensacola
– Plantation
– Tampa
– West Palm
Beach
DDC and the
Division
Disaster
Operations
Team – DDOT
Department-wide debriefing of returning volunteers.
Disseminate information collected.
Report relevant statistics regarding emergency adjuster
requests received from insurers, independent firms and
public adjusters.
Make recommendations, if any, regarding changes in
emergency adjuster licensure procedures or other
communications to affected regulated entities.
**
All field offices must protect information technology resources in the event of impending
weather or other emergency conditions.
If the field office location becomes a potentially threatened area, the following precautions
should be taken to ensure the protection of critical department data stored on personal
computers:
1.
2.
3.
If there is critical department data stored on the hard drive of a personal computer,
staff should immediately make a back-up of the data onto diskettes.
For identification purposes, make certain that each diskette is labeled with the unit
or DOI RPO number and office location. When leaving the office either take the
diskettes, or mail them to the Help Desk for safe keeping. The address for the Help
Desk is: DOI Help Desk, B45 Larson Building, 200 East Gaines Street, Tallahassee,
Florida 32399-4200.
If assistance is needed with making back-up diskettes, please call the Help Desk at
Suncom 293-3190 or 850/413-3190.
115
If the office location is in a strike probability zone and the office is ordered to evacuate, the
following precautions should be taken:
1.
Immediately before leaving the office, unplug all computers and printers from the
wall plug. Modems, network cables, televisions and fax machines should also be
disconnected. This includes the power jack and cable and/or antenna jack. This will
provide protection for these devices should sudden power surges occur.
2.
It is not necessary to move computers unless located near windows where they
could be damaged by flying objects. Moving computers should be the last measure
taken if the office is in the direct path of the storm.
If you have any questions, contact the help desk either by e-mail or phone (Suncom 2933190 or 850/413-3190).
116
Division of Consumer Services
Chief of Staff (COS) –
Emergency Coordinating Officer (ECO) –
Purchasing Card Administrator (PCA) – Purchasing
Senior Management Analyst II, Division Office (SMAII
– DO) –
Executive Assistant (EA) –
Research and Training Specialist (RTS) –
Administrative Assistant III (AAIII) –
Bureau Chief, Consumer Assistance (BC-CA) –
Administrator, Unit 1, Consumer Assistance (A-U1) –
Bureau Chief, Consumer Outreach and Education
(BC-CO&E) –
Senior Mgmt Analyst II, Consumer Outreach &
Education (SMAII-CO&E) –
Public Information Director (PID) –
Regional Director’s (RD) –
(Daytona Beach)
(Ft Lauderdale)
(Ft Myers)
(Jacksonville)
(Miami)
(Orlando)
(Pensacola)
(St. Petersburg/Largo)
(Tampa)
(West Palm Beach)
(Largo)
The First Responder Program
The Division of Insurance Consumer Services First Responder Program is staffed by the ten
service (field) offices, and led by the Regional Directors. The intended purpose of the First
Responder Program is to provide initial assistance and Department presence in the event of
a natural and/or man-made disaster, within the state of Florida.
117
DOI
Preparation
(Level 2)
Time Frame
By June 1st
Continue
through
entire year
Action
Person
Accountable
Division Specific
Update Division telephone list for all offices
Update RD and Alternate Contact List, inc. home, cell
and beeper numbers
Update Tallahassee Staff Contact List, inc. home, cell
and beeper numbers
Update Department’s Disaster Volunteer Manual
Ensure that all Division manuals and telephone
number lists are accessible
Contact Insurer Services for list of top 20 carriers
affected
Gather materials needed for field and Help Line
volunteers
Review consumer guides/pamphlets to ensure
quantity is sufficient
Review procedures for forwarding telephones of
affected offices
Review and update recorded messages on all toll-free
lines
Check Disaster Assistance Help Line (DAHL) for
readiness
Receive from Agents and Agencies Services a supply
of Emergency Adjuster Licensure forms and
disseminate appropriately
Post pertinent information to Department web site,
such as hurricane/disaster frequently asked
questions, blank claim report form, hurricane
preparation checklist, etc.
Notify ECO that Preparation steps have been
completed.
AAIII
DDC
DDC
DDC
All Managers
A-U4
All Managers,
DDC
PID
BC-CO&E,
SMAII-CO&E,
RD
BC-CA,
SMAII-DO
BC-CA
DDC
SMAII-DO
DDC
First Responder Specific
Review First Responder responsibilities with all field staff
RD’s assess possible staging areas, should FEMA not
designate an area
Assemble Division disaster equipment (cell phones, Tshirts, manuals, car signs, etc.)
Ensure that all eleven Emergency Purchasing cards have
been received from the PCA and are accounted for by
each RD
Review all procedures and materials with staff
Assign specific roles to staff both in and out of the office
Maintain a current contact list with the local Fraud
Office, including name and phone number
Maintain a current contact list for local emergency
management personnel
Notify DDC that Preparation steps have been completed
DD, BCCO&E,
SMAII-CO&E
RD
RD and Staff
DD
RD
RD
RD
RD
RD
118
DOI
Activation
(Level 1)
Activation
(Level 1)
Time
Frame
Disaster
Imminent
Or In
Progress
Disaster
Has
Occurred
Action
Person
Accountable
Division Specific
Notify all employees of pending disaster and DOI
Disaster Information Line activation (850-922-3191,
SC 292-3191)
Establish and maintain communication with RD’s
whose offices are within 100 miles of an imminent
disaster.
Contact carriers to update disaster contact
information
Update disaster contact information in CAS
Contact FRPCJUA and FWUA for toll-free claim
numbers
Disseminate all toll-free claims numbers for the top
20 P&C carriers to staff and the Press Office
Post toll-free claim numbers for the top 20 P&C
carriers to the Department web site
Provide Emergency Adjuster Licensure forms (as
requested)
Receive, on a continual basis, from Agents and
Agencies Services the current list of Emergency
Adjusters that have been approved via mail and fax
Service offices are to refer to remote call forwarding
phone instructions
Prepare and implement any special coding for the
CAS
Activate DAHL to feed into regular Help Line
Prepare to activate DAHL volunteer workstations
Train Tallahassee volunteers to operate DAHL
Prepare reporting formats
Activate DAHL as separate entity
necessitated by the severity of the event and
requested by the ECO
Notify staff of DRC locations and phones
Prepare to extend hours of operation (if needed)
Evaluate workload, change office assignments (as
needed)
Provide management with activity reports (as
needed)
Forward phones from the affected office(s)
Secure technology resources per instructions from
Information Services
Notify ECO that Activation steps have been
completed
DD, BCCO&E, BCCA,
DD
A-U1 to A-U5
A-U1 to A-U5
BC-CA
BC-CA
SMAII-DO
All staff
BC-CA
RD
SMAII-DO,
AAIII, A-U2
BC-CA
BC-CA
RTS
SMAII-DO,
AAIII, A-U2
BC-CA
DD
BC-CO&E,
BC-CA
BC-CO&E,
BC-CA
BC-CO&E,
BC-CA
SMAII-DO,
AAII
RD, SMAIIDO
RD, DD, BCCO&E
DDC
B. DIVISION SPECIFIC
Activate emergency property mediation program (if
needed)
Accept requests for assistance and forward to
companies
Recruit and train additional DAHL volunteers (as
119
BC-CA, A-U5
All staff
BC-CA, RTS
A-U1 to AU5, AAIII
DOI
Time
Frame
Debriefing
After
Disaster
Activation
(Level 1)
Disaster
Imminent
Or In
Progress
Action
Person
Accountable
EA
needed)
Continue to verify insurer claim numbers and update DDC
CAS
PID
Coordinate referrals of disaster specific problems
Notify ECO that Performance steps have been
DD, BC-CA
completed
SMAII-DO,
As requested, ship consumer guides/pamphlets to
AAIII, A-U2
DRC’s
BC-CA
DD, All Staff
Debrief DAHL volunteers
Analyze effectiveness of reports provided to
management
Redirect DAHL to the regular Help Line number
Review and revise Plan as needed
First Responder Specific
Upon direction of the COS, initiate First Response.
Designate the Primary Field Manager.
120
DD
Division of Insurance Fraud
First Program
Division of Insurance Fraud (DIF)
The Special Operations Captain will review the Division’s current Disaster Response Plan
and Emergency Response Team (ERT) Plan to ensure it adequately addresses DOI/DIF
needs and/or concerns. The Captain will make changes and/or corrections, if necessary,
and familiarize all supervisors with any changes.
The Special Operations Captain will review the Division’s ERT callout roster to assure all
reference information (cellular phones, beepers, two-way radios, etc.) is current. DIF policy
#20 (Infectious Diseases) requires “All Division vehicles shall be continuously stocked with
appropriate Personal Protective Equipment such as: barrier resuscitation equipment, face
and eye protection devices, disposable gloves, etc.”
DIF Field Offices
Prior to hurricane season, all Lieutenants will meet with their respective personnel and
discuss the Division’s current Disaster Response Plan and Emergency Response Team
Plan. These meetings will be held individually or as a group.
ERT team leaders, in cooperation with the Special Operations Captain, will make sure all
our callout information (cellular phone numbers, beeper numbers, etc.) is current. If
additional manpower is needed, all field office Lieutenants will compile an office callout
roster with pertinent information such as phone numbers, pager numbers, etc.
Lieutenants will inventory the emergency supplies for their field offices, and provide a list
of their needs to the Special Operations Captain. In addition, the regional Emergency
Response Teams roster will be updated. Each regional ream leader will also complete an
inventory of emergency supplies.
121
DOI
Preparation
(Level 2)
Time
Frame
By June 1st
Continue
through
entire year
Action
Alert all Emergency Response Teams and members
Review manpower and equipment status for teams
and report to the Special Operations Captain.
Recruit volunteers if needed to bring the squad to full
strength.
Ensure the team’s equipment, such as vehicles, body
bags, video equipment, lap top computer, radios and
personal field gear is assembled.
Determine if additional volunteers are available if
needed.
After receiving notification of a manmade or natural
disaster, consult with one of the SFM Emergency
Coordinators and then notify the DIF Director,
Assistant Director, Chief of Workers’ Compensation
Fraud, and Crime Intelligence Analyst Supervisor.
Notify all Regional Captains and ERT members to
prepare themselves and their personnel for the
possibility of immediate activation.
Contact ERT members and insure they are prepared
to respond within two hours of being notified of
activation.
Notify Division Director, Emergency Coordinating
Officer (ECO), and Deputy Insurance Commissioner
that the PREPARATION action steps have been
completed.
Person
Accountable
Division
Director (DD)
Team
Leaders (TL)
TL
TL
TL
Special
Operations
Captain
(SOC)
SOC
TL
SOC
DIF Field Offices
After ERT personnel have been notified, determine if
additional volunteers are available.
Advise field personnel they could be activated if
needed.
Notify the Special Operations Captain that the
PREPARATION action steps have been completed.
Prepare computer equipment for impending disaster**
Regional
Captains (RC)
Field Office
Lieutenants
(FOL)
RC
**
All field offices must protect the information technology resources in the event of and
impending weather or other emergency conditions.
If the field office location becomes a potentially threatened area, the following precautions
should be taken to ensure the protection of critical department data stored on personal
computers:
1.
2.
If there is critical department data stored on the hard drive of a personal computer,
staff should immediately make a back-up of the data onto diskettes.
For identification purposes, make certain that each diskette is labeled with the unit
or DOI RPO number and office location. When leaving the office either take the
diskettes, or mail them to the Help Desk for safe keeping. The address for the Help
Desk is: DOI Help Desk, B45 Larson Building, 200 East Gaines Street, Tallahassee,
Florida 32399-4200.
122
3.
If assistance is needed with making back-up diskettes, please call the Help Desk at
Suncom 293-3190 or 850/413-3190.
If the office location is in a strike probability zone and the office is ordered to evacuate, the
following precautions should be taken:
1.
Immediately before leaving the office, unplug all computers and printer from the wall
plug. Modems, network cables, televisions and fax machines should also be
disconnected. This includes the power jack and cable and/or antenna jack. This will
provide protection for these devices should sudden power surges occur.
2.
It is not necessary to move computers unless it is located near windows where it
could be damaged by flying objects. Moving computers should be the last measure
taken if the office is in the direct path of the storm.
If you have any questions, contact the help desk either by e-mail or phone (Suncom 2933190 or 850/413-3190).
123
DOI
Activation
(Level 1)
Time
Frame
Disaster
Imminent
In Progress
Or
Has
Occurred
Action
Person
Accountable
Asst. Director
(AD) or SOC
If management decides DIF’s role should remain
reactive, then no action will be required.
Maintain contact with the SFM EOC and advise them
of the ERT personnel we have available.
AD or SOC
Contact Agent and Agency Services’ Director to
SOC
determine if help is needed.
If necessary, instruct team leaders to move their
personnel and equipment to a designated staging area
to await deployment instructions. If this occurs, DIF SOC
ERT supervisors will meet with supervisors from the
Division of Agent and Agency Services to establish a
specific plan of action.
Deploy ERTs in compliance with mission statement
and per Division Director’s orders. ERTs will normally
be assigned to the following tasks:
Team A–High profile regulatory enforcement.
The primary function of this team is to work with Agent
and Agency Investigators in the identification and arrest
of unlicensed adjusters.
Team B–Undercover enforcement.
The primary function of this team is to pose as disaster
victims in an attempt to identify and arrest unlicensed
adjusters and/or individuals attempting to defraud
disaster victims of their proceeds.
Team C–ERT squad from disaster area.
Provide assistance to the Special Operations Captain, by
attending public meetings involving law enforcement,
disaster victims, prosecutors, and the insurance
industry. Provide transportation and booking of
prisoners. Provide security for Disaster Recovery Centers,
Department of Insurance (DOI) property and personnel.
Use knowledge of local area to assist other ERT squads
with directions and communications.
Non-ERT Personnel
The Regional Captain or his designee, in coordination
with the Special Operations Captain, will be responsible
for the recruitment and deployment of non-ERT Division
personnel in compliance with the Department’s Disaster
Response Coordination Plan and the Florida Mutual Aid
Plan
Our P&P Disaster and ERT policies address actions
during and immediately after any disaster. Some of
the more important sections are:
1. All personnel who live within the designated
disaster area should report to their immediate
supervisor regarding their safety as soon as
possible.
2. Lieutenants who live within the designated
disaster area shall report to the Regional Captain
or his/her designee with the status of all affected
personnel within twenty-four (24) hours of the
conclusion of the disaster. If a Lieutenant has not
124
All Staff
FOL
FOL
All Sworn
Staff
RC
DOI
Time
Frame
Action
Person
Accountable
been able to determine the status of all personnel, AD or SOC
they will still report, giving available information,
within twenty-four (24) hours.
Division
3. If a Lieutenant within a disaster area is unable to Director (DD)
leave his/her family or property, he/she will
immediately designate an available subordinate to
be an “Investigator-in-Charge.” The Lieutenant’s
supervisor will be advised of this delegation as
soon as possible.
4. As soon as practical, all sworn personnel within a
disaster area will make themselves available for
assignment to disaster relief.
All Regional Captains will notify the Special
Operations Captain that ACTIVATION steps have
been completed.
Notify Division Director, ECO, and Deputy Insurance
Commissioner that the ACTIVATION steps have been
completed
the ECO
Has
Occurred
Continue necessary actions from Level II
All Staff
The ERT will remain in operation until released by the DD
Division Director or his designee.
Notify the Division Director, ECO, and the Deputy
AD or SOC
Insurance Commissioner that the PERFORMANCE
steps have been completed.
Continuation
Within ten working days after the teams are released,
the Special Operations Captain and team leaders will SOC and TL
meet and prepare an after-action report for the
Division Director.
In addition, DIF personnel will assist and participate Assigned
with the Chief of Staff to review the FIRST PROGRAM Staff
and to revise the agency’s plan as needed.
After
Disaster
125
Division of Insurer Services
Time
Person
Fra
Action
Responsible
me
Preparation By June 1st Division Disaster Coordinator is appointed/confirmed for Division
(level 2)
Continue
upcoming hurricane season.
Director
through
Entire year
Division
Division Office forwards list of Division Volunteers to
Disaster
ECO.
Coordinator
Division
“Faxgate” Company Contact/Fax Numbers Data Base
Disaster
Updated/Tested; Re-tested the first week of every month Coordinator/
June–November
Division
Disaster
Updates/ Additions to “Disaster Desk Top Handbook” are Coordinator/
provided to Deputy Insurance Commissioner and Chief of Bureau Chief
Staff
of P & C
Insurer
Division Disaster E-Mail Communication Groups are
Solvency
Tested/Updated
Division
Establish standard notice forms (bulletins,
Disaster
memorandums, orders, etc.) that would be sent to
Coordinator/
regulated entities as the need arises.
Division
Disaster
Coordinator/
Division
Director
Activation
Disaster
Division obtains most recent QUASR run and conducts
Bureau Chief
(Level 1)
Imminent
Review of Insurance Company Exposures in Affected
of P & C
In Process Disaster Areas
Insurer
or has
Solvency
Occurred
Division assures staff are engaged in activity to safeguard Division
department property
Disaster
Coordinator
Seek Executive Order from Governor’s Office to suspend
rate, form, and application filing/review process.
Division
Director
Division Disaster Coordinator will communicate with
ECO/Division
Disaster
(Level 1)
Has
ECO, Emergency Coordinating Officer, to coordinate
Coordinator
Occurred
deployment of volunteers.
DOI
Contact Catastrophe Managers of the FWUA and
FRPCJUA to determine adjuster resources for this event.
CCRC’s are contacted to check on residents.
126
Residual
Market
Liaison
DOI
Time
Fra
me
Action
Division volunteers are dispatched by ECO and, if
necessary, a second wave of volunteers are alerted and
placed on stand-by.
Person
Responsible
Bureau Chief
of Specialty
Insurers
ECO/Division
necessitated by the severity of the event and requested by Disaster
the ECO
Coordinator/
Division
Director
Division
Director
Division conducts on-going assessment of the need for
Division
Emergency Rules, Bulletins related to the Disaster Event. Director/Divi
sion Disaster
Coordinator/
Bureau Chief
of P & C
Insurer
Solvency
Provide necessary management or technical assistance
and support to other areas of the Department as
requested.
Continuation After the
Disaster
Division will review Catastrophe Performance and
Documentation. Relevant issues of regulatory
administrative/and or performance activities will be
incorporated into a revised Disaster Plan for the Division.
Division will participate in Agency-wide Debriefing
Sessions
Debriefing of returning volunteers to assess the need for
any regulatory or administrative actions
Field Examiners are Dispatched to Companies with
Potential Solvency Issues
127
Division
Disaster
Coordinator/
Division
Director
Division
Disaster
Coordinator
Division
Disaster
Coordinator/
Division
Director
Div. Director
Bureau Chief
of P & C
Insurer
Solvency
Division of Legal Services
Level
Time
Action
Responsible
Alternate
Person
NOTE: Each responsible person shall notify DD
upon completion of the assigned responsibility.
Division Director (DD) ________
Division Disaster Coordinator (DDC) _______
Alternate _______
Chief of Staff (COS) ________
Preparation
(Level 2)
By June 1,
continuing
Appoint Division Disaster Coordinator
DD
Review Emergency Rules Procedures Manual and DDC
update as necessary to conform to any legislative
changes in Ch. 120.
Develop E-mail communication tree.
Handle Telephone and Address Lists
Provide addresses and phone numbers of Division of
Legal Services Managers to Department Emergency
Coordinating Officer (ECO).
Obtain list of Department Managers’ phone numbers
form ECO and distribute to Division Managers.
Prepare list of addresses and phone numbers for all
attorneys and list of addresses and phone numbers
for all support staff. Update lists monthly.
DDC
Solicit, identify, and maintain a list of volunteers
who are available to respond to catastrophic
events. Recruit additional volunteers as
DDC
necessary and resolve scheduling conflicts.
Forward volunteer list to ECO.
DDC
Maintain a list of attorneys and support staff who
will be responsible for adoption of emergency
rules (Emergency Rule Team).
Activation
(Level 1)
Continuation
Report completion of preparation steps to _______
and DD.
Alert volunteers, resolve scheduling conflicts and recruit
DDC
additional volunteers as necessary.
Legal
Services
Disaster
the ECO
Management
Team
Activate E-mail communication tree.
DDC
Assist ECO in the Dispatch of volunteers.
DDC
Report completion of activation steps to ________and DD.
When required by Chief of Staff (COS), identify available
DDC
128
Level
Time
Action
Responsible
Alternate
Person
support staff and legal staff to assist in answering Consumer
Hotline and staffing DACs and Outreach programs. Provide
list to ECO.
Representatives of Division Management attend Department
disaster response briefings.
Determine availability of emergency rule team members
Activate emergency rules team to assist other divisions with
drafting and adoption of emergency rules.
DD/DDC
DDC
DDC
Direct attorneys responsible for filing administrative Cease
and Desist Orders against unlicensed adjusters, other
adjusters, and agents.
Direct attorneys handling challenges to emergency rules.
DDC
Direct attorneys to assist Division of Insurer Services with
any necessary administrative or civil proceedings regarding
insurers.
Provide legal services in connection with establishment and
operation of mediation program.
Defend any civil proceedings initiated by insurers arising
from deficits/ assessments of CAT fund and JUAs, etc
Report completion of performance steps to _______ and
DD.
Department wide debriefing of returning volunteers.
Disseminate information collected.
129
COS
COS
Others
with
responsibility as
directed
Division Of Rehabilitation And Liquidation
Receivership Administrator (RA) –
Division Disaster Coordinator (DDC) – Claims Manager (CM) –
Chief Attorney (CA) –
Director of Accounting (DOA) –
Deputy Receiver(s) (DR) –
Property manager (PM-–
Receivership Coordinator (RC) –
Operations Administrator (OA) –
DOI
Preparatio
n
(Level 2)
Time
Frame
By June 1st
each year.
Continue
through
entire year.
Mgr of Workforce Innovation (MWI) –
Vacant
Bureau Chief P & C Solvency (BCS) –
EOC Director (EOCD) –
General Counsel (GC) –
Action
Review Disaster Plan and appoint Division Disaster
Coordinator prior to June 1, each year.
Create and maintain up to date phone listings of
persons having priority functions in the event of a
disaster.
Set up mechanism for receivership employees to
volunteer and assist in DOI disaster relief if
necessary.
Encourage interested employees to attend DOI
training in homeowners’ insurance and other related
classes. Familiarize managers and staff with the
Department’s Disaster Response Coordination Plan.
Establish off-site storage of supplies necessary to
continue operations, i.e. emergency check supply,
forms. Backup procedure for computer systems
established.
Install extra phone lines for the “800” number that
can be activated in the event they are needed.
Designate emergency laptop computers, peripherals,
cellular phones, pagers and other equipment for
disaster response personnel.
Identify all insurance policies covering Division
property (real and personal), including agent(s) name
and phone numbers as well as insurance carriers
phone numbers for reporting claims.
Identify Potential volunteers and ensure training for
volunteers who could travel for either disaster relief
and or new receivership operations.
Encourage and or assist in facilitating the training of
individual volunteers in related classes.
Set up communications tree (phone and email)
Activation
(Level 1)
Disaster
Probable Or
Imminent
Implement Disaster Plan
Person
Accountable
DDC
DDC
DDC
DDC
DDC/DOA
RA
DDC
OA/PM
DDC
DDC
DD
DDC
Alert volunteers
DDC
Advise employees of the Alert and identify any
employees (including temporary employees) who may
reside in potential evacuation areas.
DDC
Identify and secure, to the extent possible, any
receivership property (real and personal) at risk.
Supervisors will review leave and travel requests to
determine that volunteer personnel are available if
necessary to perform essential duties.
130
OA/PM
DDC
DDC
DOI
Time
Frame
Action
Person
Accountable
Activate communication tree.
Assure that all offices of the Receiver are prepared to
Managers
protect all assets of the Receiver in the event a disaster who
supervise
strikes. This includes warehouses or other storage
remote
offices, DR
Coordinate backup of all electronic records. Computer for open
receivership
Support Services (CSS) does complete back up of
company
computer records in Tallahassee. Miami office has
offices, DD
tapes picked up weekly by The Document Bank and
stored off-site. In event of an emergency, tapes will be for home
office.
flown to the Document Bank in Columbus, Ohio
according to our contract with The Document Bank.
DDC
Update any Division and/or receivership company
web sites. RC
facilities.
Check out the mobile phones and laptops held in our
administration and CSS units to the personnel
traveling.
RC
Review recorded messages on “800” lines. Find and
DDC
make available to Claims Unit all available emergency
numbers for referral to consumers.
RA
Forward phones or record messages on all open
receivership company phones (on-site)
Notify EOCD and General Counsel that activation
steps have been completed.
Ensure communications tree is functioning.
DR
DD
Advise the Department’s EOCD and Division
operations Administrator and Property Manager of the DDC
extent of any known damage to Division property and
location of any immediately available personnel in
DD/ or DDC
affected area.
Notify insurance agent(s) or carrier(s) of any loss or
damage to Division property.
If the Department of Insurance does not have a
sufficient number of Disaster Relief volunteers, and
receivership employees are needed to travel for
Disaster relief efforts, the Department’s EOCD will
notify the Division Director or Division Disaster
Coordinator. Paperwork will be completed by the
Division Human Resources Manager to place those
employees on administrative leave and to sign them
up for OPS for 1-2 weeks each.
Check with the Florida Insurance Guaranty
Association (FIGA) regarding available funds and
dj
di
i h
131
OA
DD/DDC/M
WI
DD/ or CM
DOI
Time
Frame
Action
adjusters; coordinate consumer response in the event
of disaster induced insolvencies.
Coordinate immediate travel plans as required.
Find and make available to Claims Unit all available
emergency numbers for referral to consumers.
(Example: P&C carriers, FRPCJUA’s claim handling
carriers, etc.)
Set up on-site operations at companies in
receivership.
Person
Accountable
DDC
RA
DR
RA
DDC
Review needs for additional phone staff and activation DD
of emergency lines if required.
Provide assistance to FIGA as available.
PerformanceDisaster
(Level 1)
Has
Occurred
Or In
Progress
Debriefing
After The
Disaster
DD
Notify EOCD and General Counsel that performance
action steps have been activated.
Maintain close contact with Division of Insurer
Services to identify, as early as possible, companies in DD, assigned
distress as a result of disaster-related claims.
staff and
FIGA, if
Keep open lines of communication with regulators to applicable
determine which companies will be most affected and
could result in immediate receivership. Responsibility:
Chief Attorney or Division Director–most likely
contacting Bureau Chief of P&C Solvency. In the
event of multiple receiverships, plan for temporary or CA
emergency quarters for the receiver and FIGA if
applicable, to the extent possible in the affected area.
Obtain consent from companies agreeing to
liquidation. Obtain Departmental approval and court DD/CA
order appointing DOI as receiver. Notify and fax to
appropriate parties. [Note: this may not occur until 34 weeks after the storm when companies have had an
opportunity to assess the effect of storm-related
DD/MWI
claims on their financial condition.
Establish and maintain weekly post-disaster meetings
with Division of Insurer Services to identify and
monitor potential insolvency issues.
DD/CA/CM
Review Division’s staffing needs in conjunction with
anticipated increase of on-site personnel and make
appropriate adjustments.
Attend Agency-wide debriefing sessions and report on
relevant matters affecting FL’s policyholders.
Disseminate information collected Agency-wide to
management team.
132
DDC
Division of Risk Management
DOI
Preparation
(Level 2)
Time
Frame
By June 1st
Continue
Through
Entire Year
Person
Accountable
Division
Request initial volunteers and determine if additional
volunteers would be available if needed. Notify Emergency Director (DD)
Coordinating Officer (ECO) of this information.
Action
Assure Property Section employees review and familiarize Property
themselves with Disaster Response Coordination Plan.
Section
Administrato
r (PSA)
Verify field equipment and tools are checked for readiness PSA & AS
and secure ample forms and other paper documents for
use in Field.
Coordinate process to print extra supply of loss reporting PSA
forms and other paper documents needed for field
operations and use.
BC
Telephone or electronic mail notification to Division
Director, Assistant Division Director and Property Section
Administrator of division readiness status.
Notify ECO and Deputy Insurance Commissioners that
PREPARATION has been completed.
Activation
(Level 1)
BC
Disaster
Contact Division Disaster Coordinator to report
BC
Imminent
ACTIVATION
In Progress
Or Has
Occurred
DD
the ECO
Contact Fire Marshal Representative at SEOC for update
and briefing on storm, or storm update is received from
DCA Emergency Management representative via
electronic mail
If major loss is probable (total of $1,000,000 or more)
gather pertinent information and contact BC.
PSA
Contact BC to brief on conditions of storm or other
emergency event.
PSA
Contact DD, Assistant DD and excess insurance broker.
BC
Contact Property Section personnel; begin
implementation of Disaster Action Plan.
BC
133
PSA
DOI
Time
Frame
Action
Procure cellular phones and lap top computer for field
personnel.
Person
Accountable
BC
Initiate contact with Department of Community Affairs
(DCA) and FEMA if needed.
BC
Property Section staff meets to discuss information
obtained from SEOC and prioritize plan of action
PSA
Contact State Fire Marshal’s Office to secure information PSA
about RIAT; confirm BC, IA and E or any combination
thereof will accompany RIAT to disaster area(s).
Run County report(s) for damaged area.
Contact Property Coordinator(s) (PC) for affected area(s)
and instruct them on claim procedures. Set up
appointments for damage assessment.
Make travel arrangements for BC, IA and E to go to
damaged area(s).
Insurance
Administrator
(IA)
Engineer II
(E),
IA, PSA
PSA
Contact ECO to secure ID badges for non-departmental
IA, PSA
personnel (such as excess insurance carrier adjuster)
working with Risk Management people in affected area(s).
Coordinate with BC in conducting field meetings for PCs PSA
on how to file a claim.
Coordinate the process to open claim files for losses
PSA
Make second contact with Fire Marshal’s Office; confirm PSA
arrangements and escort into damaged area. Get updated
report of damage assessment in affected area from SEOC
BC, IA and E go to affected area for damage assessment BC
Assign loss report collection duties according to agency
involved.
PSA
Collect loss reports, verify insurance coverage and initiate IA
file set up.
Advise DD and excess insurance broker of current
estimated total losses.
BC
Continue coordination with FEMA and DCA staff as
necessary to complete recovery efforts.
PSA, IA
134
DOI
Time
Frame
Action
Receive incoming information from agencies, keep field
operations staff informed.
(Level 1)
Has
Occurred
Continuation After
Disaster
Person
Accountable
PSA
Notify ECO and Deputy Insurance Commissioner that
ACTIVATION STATUS has commenced
BC
Work with PCs on finalizing losses, continue throughout
the catastrophic season and/or whatever time period it
takes to close claim files
Notify ECO and Deputy Insurance Commissioner that
PERFORMANCE has been activated.
IA
Review process for changes or modification of plan.
BC
135
BC
Division of Treasury
Administrator of Treasury’s Information
Systems (ATIS) –
Administrator of the Investment Section
(AIS) –
DOI
Preparation
(Level 2)
Activation
(Level 1)
Bureau Chief of Banking (BCB) –
Bureau Chief of Collateral Securities
(BCCS)
Administrator of Deferred Compensation
(ADC) –
Emergency Coordinating Officer (EOC) -
Division Disaster Team – (DDT)
Chief of Staff – (COS)
Time
Action
Frame
By June 1st
Establish a list of at least three (3) volunteers. After the
Continue
initial volunteers are selected, determine if there are
through
additional volunteers who would be available if needed.
entire year
Ensure Division supports the Department’s Emergency
Management Plan by coordinating support and services
to provide uninterrupted services during and after
emergency and natural disaster situations.
Establish an operational Emergency and Natural Disaster
Response Plan to assist managers, supervisors and
employees prepare to maintain and sustain operations.
Develop Communications Tree.
The Division Disaster Coordinator will closely monitor all
activities or reports from other DOI or state agencies, and
keep management of the Division apprised of reports,
developments or activities.
The Division Director will establish a Division Disaster
Team made up of the Division Disaster Coordinator,
Director, Bureau Chief of the Bureau of Banking, the
Bureau Chief of the Bureau of Collateral Securities, the
administrators within these two (2) bureaus, the
Administrator of the Deferred Compensation Section and
the Administrator of the Division’s Information Systems
Section.
Division Disaster Coordinator ensures that volunteers
have been properly trained which will be coordinated with
Emergency Coordinating Officer.
Division Disaster Coordinator is in constant
communication with volunteers to ensure they are
prepared.
The Administrator of the Division’s Information Systems
Section rechecks the Bureau of Banking’s equipment to
verify everything is working properly
Division Director informs Emergency Coordinating Officer
that Preparation steps have been completed
Disaster
Imminent
Division Director activates the Division’s Disaster Team
In Progress by placing them on notice of pending emergency or
Or Has
natural disaster.
Occurred
Division Disaster Coordinator sends updates to the
Division’s Disaster Team.
necessitated by the severity of the event and
requested by the ECO
136
Person
Accountable
DDC
DD
DD
DD
DDC
DD
DDC
DDC
ATIS
DD
DD
DDC
DD
DOI
Time
Frame
Action
Division Disaster Coordinator coordinates volunteers and
support requirements with the Emergency Coordinator
Officer.
Deferred Compensation Section
Administrator of Deferred Compensation Section
coordinates with the Department’s Information Services
to ensure that Deferred Compensation’s line(s) i.e.
number (850) 922-3162, and fax line (850) 488-7186 are
operational.
Bureau of Banking
Bureau Chief coordinates with the Department’s
Information Services to ensure that the Investment
Section’s line(s) i.e. number (850) 413-2793, and fax line
(850) 488-7186 are operational.
Bureau Chief coordinates with the State Board of
Administration (SBA) access to the Hermitage Centre
Building to allow investment section designated
employees to perform financial investment operations
Bureau Chief or the Administrator of the Division’s
Investment Section coordinates with Treasury’s
Information Systems Section to ensure network support
is provided so that the Treasury can communicate with
Banks for purposes of balances and to send trade
instructions.
that activation action steps have been completed.
Division Disaster Coordinator sends update to the
Division’s Disaster Team.
Division Director with the assistance of the Division
Disaster Coordinator, if necessary, will identify and
coordinate additional volunteers to support the
Department’s volunteer rotation plan.
Division Director participates in meetings and conference
calls with external investment managers
Division Disaster Coordinator coordinates all support and
services for Division employees and operations
Administrator of Treasury’s Information Systems Section
will coordinate support and sustainment of Information
Services for Division employees and operations
Disaster
Performance
Has
(Level 1)
Occurred
After
Continuation
Disaster
Person
Accountable
DDC
ADC
BCB
BCB
DD
DDC
DD/DDC
DD
DDC
DDC
ATIS
DD
that performance action steps have been activated.
No action necessary.
Department-wide debriefing of returning volunteers
Disseminate information collected
137
ECO
DDC
Office of Information Services
Information Services Emergency Response Team (ISERT)
Director Office of Information Services (DIR)– Network Administration (NWA) –
OIS Disaster/Emergency Coordinator (DEC)– Network Administration (NWA) –
CBX/ROLM Administration (CBX) –
Mainframe Administration (MFA) –
Business Analyst Section (BA) –
Application Engineering (AE) –
DOI
Preparation
(Level 2)
Activation
(Level 1)
Technology
Technology
Technology
Technology
Services (TS) –
Services (TS)
Research (TR)–
Purchases (TP) –
Time
Action
Frame
By June 1st Convene ISERT
Continue
through
entire year
Review OIS Emergency Response Plan
Request list of volunteers from Applications Development
and Business Analyst Sections and notify ECO of this
information.
Determine if there are additional technical volunteers
who will be available if required.
Provide notification of any network issues that may
impact disaster/emergency preparations
Make preparations for obtaining server backups for sites
that may be impacted
Provide notification of any desktop issues that may
impact disaster/emergency preparations
Make preparations to notify sites that may be impacted of
procedures to follow to secure and protect desktops.
Ready laptops for response team and begin locating
others in the event that the Department moves to next
level.
Make sure all cellular phones in Cellular Phone Pool are
located and ready to activate.
Provide information to Department staff on how to
activate cellular phones.
Address platform scheduling issues and place vendors on
standby.
Record status notification for OIS staff on OIS Disaster
Line (ISDL).
Disaster
Convene ISERT
Imminent
In Progress
Or Has
Occurred
Activate OIS Emergency Response Plan
Assure that all required OIS staff, vendor support staff
and information technology resources are readily
available to respond and are staged for emergency
response
Implement emergency response activities as specified in
OIS Emergency Response Plan
Account for OIS staff.
Provide single point of contact for departmental
technology related updates.
138
Person
Accountable
DIR/DEC
ISERT
DEC
ISERT
NWA
NWA
TS
TS
TS
CBX
CBX
MFA/TR
DEC
DIR
DIR
ISERT
ISERT
ISERT
TS
DOI
Time
Frame
(Level 1)
Has
Occurred
Continuation After
Disaster
Action
Coordinate with appropriate department teams and
contact persons for the systematic mobilization,
organization and operation of critical department
information technology resources.
Distribute laptop pool if necessary
Provide instructions via electronic mail to Department
staff for securing technology resources physically located
in the affected area.
If required, place staff in the State Emergency Operations
Center.
Check the Department’s Disaster Call Processing Box and
make sure it is ready for recording.
Communicate with Office of the Treasurer to determine
and verify verbiage for Department’s Disaster Call
Processing Box.
Schedule Department’s voice person to record message
on Department Disaster Call Processing Box.
Forward all Tallahassee affected organizational phone
lines to Department’s Disaster Call Processing Box. Each
Field Office will be responsible for forwarding their Field
Office phone lines to their respective Divisions.
NOTE: If disaster/emergency impacts Tallahassee Offices,
Division of State Fire Marshal and Information Services
Disaster Lines will not be forwarded
Work with Department’s Disaster Cellular Phone Pool to
activate reserve cellular phones
Activate Network Resource Protection Action Plan (locally
and remote).
Address Platform scheduling issues.
Record status notification to OIS staff on ISDL
Initiate recovery measures.
the ECO
Provide updated information to OIS staff and other
Department units.
Provide consultation to other Department units
Conduct ISERT meetings to establish strategies to
address areas of concern
Verify condition of network systems (locally and remote).
Verify condition of desktops (locally and remote).
Verify condition of information technology resources and
provide damage assessment reports.
Institute corrective actions as necessary
Deactivate any temporary systems as conditions dictate.
Provide Post-Disaster Reports and recommendations for
improvements.
139
Person
Accountable
ISERT
TS
TS
ISERT
CBX
CBX
CBX
CBX
NWA
MFA/TR
DEC
ISERT
ISERT
DIR
TS
DIR
NWA
TS
TS
DEC
ISERT
ISERT
ISERT
Office of Communications and Public Affairs
Director of Communications (DOC)
DOI
Preparation
(Level 2)
Activation
(Level 1)
Press Secretary (PS) –
Time
Action
Frame
By June 1st Key media will be provided with the Press Secretary’s
Office, home and mobile telephone numbers.
Continue
through
entire year
The DOI Director of Communications, or the Press
Secretary, contacts the public information coordinator of
the Department of Community Affairs, who serves as
primary spokesperson for the state Emergency
Operations Center.
The DOI Press Secretary serves on the emergency
preparedness press group.
The Communications Office also arranges with ________,
, of
of the Florida Insurance Council, and
DOI’s consumer services, to publish toll-free, damage
claims telephone numbers for at least the top 20 property
and casualty carriers in Florida.
Consumer Services will be contacted to obtain the latest
toll-free claims reporting telephone numbers for the
FWUA and for each FRPCJUA servicing carrier.
____________, is alerted to prepare for production of public
announcements on topics such as hurricane tips,
unlicensed public adjusters and the claims
mediation process. Soundtracks from video
products should be dual for use by radio stations
DOI Press Secretary notifies that Level Two action steps
have been completed.
Disaster
A DOI public information officer, Deputy Press Secretary
Imminent
is stationed at the EOC to begin relaying needed
In Progress information to DOI’s communications office as needed
Or Has
Occurred
The Communications Director and Press Secretary
prepare a series of news releases for public
dissemination. These releases will include, among other
things, information on hurricane preparedness; toll-free
claims numbers for both the top 20 insurers and the
Residential JUA; and also, the DOI’s 1-800-22-STORM
toll-free Help Line
News releases are disseminated to newspaper, trade
journal, television and radio outlets over the
Communication Office’s zoned fax-gate system and via
the Internet.
Also, the Communications Office will provide
with a two-page fact sheet on DOI’s
press policy for distribution to field volunteers during
orientation.
140
Person
Accountable
DOC
DOC
PS
DOC
DOC
DOC
DOC
PS
DOC
DOC
DOC
DOI
Time
Frame
Action
In the event of power outage or computer system failure,
news releases are typed and distributed through
members of the Capitol press corps, as well as by the
Communications Office Staff Assistant who makes direct
telephone calls to key media.
The Communications Office gathers and releases
information from the DOI, Fire Marshal and Treasurer’s
Office, and on matters concerning the Federal Flood
Program and its points of public contact. Topics of media
interest are the Fire Marshal’s rescue efforts, JUA
exposure and claims, and insurance –loss damage
estimates based, in part, on information supplied by
industry groups including the Florida Insurance Council
Arrangements are made with the Governor’s Office or the
Florida Marine Patrol or National Guard for a flyover of
the storm-damaged area by the Insurance Commissioner.
Such a trip can include a walking or driving tour escorted
by Fire Marshal personnel, and could be coordinated by
.
A release is issued regarding the details of the
Commissioner’s media availability.
If the disaster is of a magnitude to warrant, a member of
the Communications Office will travel to the scene and
work out of the state’s Disaster Field Office, where there
will be daily briefings by state and federal emergency
management officials, and inquiries from media on the
scene.
the ECO
Press Secretary notifies
that Level four
action steps have been activated.
141
Person
Accountable
DOC
DOC
DOC
DOC
DOC
DOC
PS
Budget and Strategic Planning
DOI
Preparation
(Level 2)
Activation
(Level 1)
Time
Action
Frame
By June 1st Review uniform procedures for the Office of Budget and
Continue
Strategic Planning to be utilized in the event of a disaster.
through
entire year
Obtain Disaster Recovery Procedures relating to funding
recovery from the Governor’s Office of Planning and
Budgeting
Attend Disaster Preparedness training provided by the
State Emergency Operations Center
Designate which staff will be responsible for monitoring
the current situation and will assign responsibility in the
event of activation and notify the Department’s
Emergency Coordinating Officer (EOC) accordingly.
Disaster
Upon the activation of the State Emergency Operations
Imminent
Center, schedule time to participate in the Emergency
In Progress Support Functions #4 and #9 recovery operations in
Or Has
addition to monitoring the work flow at the Center
Occurred
between the Department of Community Affairs and the
Department of Insurance.
Forward all updates provided by the Department staff
operating the EOC to all budget Staff
Attend the Department of Insurance’s EOC upon
activation to become acquainted with the process and
work flow.
Notify the ECO that Activation action steps have been
activated.
Upon notification from the Division of State Fire Marshal,
will participate in the Budget Officer updates by
conference calls as directed by the Department of
Community Affairs
Notification of the scheduled conference calls by the
Department of Community Affairs will be forwarded to
the Bureau Chief of Bureau of Financial and Support
Services
E-mail will be sent to Chief of Staff, the Communications
Office and the ECO with pertinent information obtained
as a result of the conference calls.
Notification will be provided to the Department’s ECO of
schedule for cost estimates as required by the
Department of Community Affairs and the Executive
Office of the Governor, Office of Planning and Budgeting.
Notification will be provided to the Division of Risk
Management, Bureau Chief, Bureau of Property,
Financial and Risk Services, of schedule for cost
Affairs, and the Executive Office of the Governor, Office of
Assist the Division of State Fire Marshal and other
effected divisions in computing cost estimates.
142
Person
Accountable
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
Budget
Director
TBA/BUREA
U OF
FINANCIAL
AND Support
Services
Budget
Director
DOI
Time
Frame
Has
Occurred
Action
Person
Accountable
Budget
Director
Coordinate with the Bureau of Financial and Support
Services in the collection and compilation of all disaster
costs and provide this information to the Department of
Community Affairs, Executive Office of the Governor,
Office of Planning and Budgeting, Chief of Staff and the
Press Secretary.
Prepare budget amendments for submission to the Office Budget
of Planning and Budgeting as needed.
Director
Budget
necessitated by the severity of the event and requested by Director
the ECO
Necessary Action steps from Activation (Level I) will
Budget
continue
Director
143
Disaster Cellular Phone Pool
The Emergency Coordinating Officer (ECO) will ensure there are a sufficient number of
cellular phones for the volunteers. The Field Offices of Consumer Services, Agents ant
Agencies Services, Fire Marshal and Insurance Fraud have cellular phones assigned on a
permanent basis and will not need additional ones.
Level Two
Division Directors of Consumer Services and Agents and Agencies Services will check with
field office supervisors for proper location of disaster phone(s). Also, make sure all
accessories are with disaster phones; such as: extra batteries, chargers. Emergency
Coordinating Officer will do the same for volunteers.
Level One
Field office supervisor will activate disaster phone(s) (if disaster in their area). Emergency
Coordinating Officer will activate disaster phones for volunteers. Call __________, with
telephone number after activation. Field office supervisor will call their Division Director
with phone number.
Continuation
Leave disaster phone number activated as long as necessary. Call Fred Green prior to deactivation for a Communication Service Authorization (CSA) to cancel service.
Addendum
Consumer Services keeps the emergency cell phones active year round. They are never
deactivated.
144
Standard Telephone Message
Hurricane Emergency Recording–when the Larson Building is closed.
Due to hurricane or severe conditions in North Florida all non-emergency state personnel
have been ordered by the Governor not to report to work. As soon as the Governor declares
that the weather conditions in North Florida do not pose a threat to state employees’
safety, our offices will re-open, and we will be happy to assist you with your insurancerelated questions or problems. If you do not live in the area of the storm, please call the
local state insurance office in your area; the number is available in your telephone
directory. Insurance questions related to the hurricane may also be directed to the
Insurance Department’s hurricane hotline at 1-800-22-STORM (1-800-227-8676).
The Insurance Commissioner or Chief of Staff will notify ___________ when to place this
message on the ROLM phone system.
Hurricane Telephone Message
Due to hurricane conditions in North Florida, non-emergency state personnel have been
ordered by the governor to stay home. The insurance commissioner’s staff, however,
remains in close contact with insurers to make certain policyholders get a rapid response
to any damage claims. As soon as the governor declares an end to emergency conditions
here, this office will re-open. If you’re calling from outside the storm area, you can contact
one of our ten regional service centers listed in your local phone book. Insurance questions
related to the hurricane may also be directed to the Insurance Department’s hurricane
hotline at 1-800-22-STORM (1-800-227-8676).
145
Post Disaster Continuation
The Emergency Coordinating Officer will meet with each returning volunteer group to
determine what is happening at the DRC and make changes that may be warranted.
At the end of each disaster, the DOI Emergency Coordinating Officer will chair a debriefing.
Attendees at this debriefing will be appropriate representation of those areas involved in
responding to the disaster. The purpose of the debriefing is to determine if changes are
needed in our response procedures.
146
Adjuster SERT badges
As a result of several years of work by the Florida Department of Insurance (DOI), the
Florida Emergency Preparedness Association, the Florida Department of Community
Affairs, Division of Emergency Management (DEM) and the Florida Insurance Council (FIC),
Florida has a unique mutual cooperative understanding among these parties. The purpose
of which is to provide expedited insurance settlements to insured citizens following a
natural disaster.
One of the important aspects of this understanding is the issuance of State Emergency
Response Team (SERT) badges by the Florida Insurance Council to insurance carriers,
managing general agents, agent associations, and other organizations approved by the
State EOC. These badges, issued annually, are recognized by DEM as identification as an
insurance adjuster. The badges allow insurance adjusters early access into limited access
neighborhood(s) most severely impacted by the event.
With early access the adjuster can assess the amount of damage to individual structures
and issue emergency funds (ALE checks) covering temporary living expenses to
policyholders of the impacted area.
Local Emergency Management Officials, in conjunction with the Florida Department of
Emergency Management will make the determination when the most severely impacted
neighborhood(s) are reasonably safe for non-emergency personnel to enter. Once that
determination has been made, local officials will notify the State EOC and local police
officials. The insurance liaison in the state EOC will notify the insurance industry, via the
FIC web site catastrophe page, that anyone presenting him or her self at a checkpoint and
displaying a current SERT badge should be allowed to enter the limited access area(s).
147
Office Closing Procedure
(For administrative leave authorization)
Preceding a disaster there are several ways employees may be authorized to take leave from
duty.
Employees may be authorized either by their supervisor verbally or in writing, to take leave
prior to, during or following a disaster occurring in Florida.
Authorization for administrative leave will be announced via email (assuming the statutory
decision has been made during working hours), or via the Employee Information Line
(922-3191).
148
Leave Provisions for Office Closings
When the governor or agency head has determined that a state office should be closed due
to a disaster, the employee’s absence may be covered by administrative leave. If the office is
closed for an entire workday, the numbers of administrative leave hours are equal to the
hours in the employee’s established workday.
Employees who are on a prior approved leave of absence (annual, compensatory, sick
leave, Personal Holiday, or leave without pay) are not eligible for administrative leave on
that day.
Employees, excluding OPS, who at the time of the office closing are required to provide
essential services will be granted special compensatory leave credits for the actual number
of hours worked during the time the office was closed.
Employees who provide essential services directly related to the disaster must use the
“green” time sheet starting with the date of their initial involvement through the end of the
month. Time spent on activities related to the disaster will be so indicated and coded
according to the codes on the back of the “green” time sheet. At the end of the month, both
the “white” and “green” time sheets will be sent to Personnel.
If the essential services performed are not directly related to the disaster, but part of the
employee’s normal work duties, the employee would record the hours of work on the
“white” time sheet.
Supervisors of affected employees have the responsibility to ensure that the individual time
sheets are completed accurately and in accordance with the leave provisions.
149
Extra Hours Worked–Excluded Employees
In order for the Department to effectively meet its statutory requirements, the needs of the
people and businesses affected by natural disasters, or other emergencies, administrative
policies must be flexible and responsive to operational needs.
Therefore, it is hereby provided that departmental employees filling “Excluded” positions
(exempt from the FLSA) have the option of receiving cash payment in lieu of regular
compensatory leave credits for overtime worked under the following circumstances.
1.
When the Governor, by Executive Order, has declared a state of emergency, the
Insurance Commissioner or his designee may put this plan into effect. The
Insurance Commissioner or his designee will identify the beginning and ending
dates in which regular compensatory leave credits can be paid.
2.
When extraordinary circumstances brought about by an unanticipated workload
increase or staff shortage require overtime in order meeting statutory requirements,
the appropriate Deputy or Chief of Staff may put this plan into effect.
“Excluded “ employees shall receive cash payment for overtime in lieu of regular
compensatory leave credits as follows:
•
An employee must officially be assigned duties and responsibilities directly related to 1
or 2 above.
•
An employee must have a regular compensatory leave balance of at least 40 hours
before becoming eligible for this payment.
•
Eligible employees will be compensated at their regular hourly rate of pay for each hour
of overtime worked.
Payments will be made in the month following the month in which the overtime was
worked.
150
Extra Hours Worked–Effect on Annual Leave Used
(During Disasters)
Extra hours worked–any hours worked beyond your normal work schedule will offset any
leave (administrative, annual, sick, regular compensatory and special compensatory)
taken.
Excluded Employees offset within the work month.
Included Employees offset within the work week–Saturday through Friday
Offsetting Example–For an Included Employee (for an Excluded Employee, expand below
example to work month)
Saturday
Regular
Hours
Worked
Sunday
Monday
8
Tuesday
8
Wednesday
Office Closed
Due to
Disaster
Relief
Hours
Worked
8
4
Administrative
leave
Totals
Thursday
Friday
8
32
4
8
8
8
offset
8
8
0
Totals
12
12
40
The above example shows 0 hours administrative leave used for Wednesday. This is
because the employee actually worked 40 hours by the end of the workweek and
administrative leave is not needed to bring the hours up to the required number of hours
in the workweek (in the month for excluded employees).
Again, because a total of 40 hours were worked, no administrative leave is needed to
achieve a 40-hour workweek.
An Included employee would not receive overtime pay in the above example. Overtime is
defined as hours of work in excess of 40 in the workweek. An Excluded employee would
not receive comp credits–the hours of work would have to exceed the required amount for
the month.
151
Career Service Classes and Overtime
Employees assigned to classes for which overtime pay is indicated receive overtime pay at 1.5
times their hourly rate of pay for hours worked in excess of the 40-hour workweek.
Employees assigned to classes for which no overtime pay is indicated receive regular
compensatory leave credits on an hour-for-hour basis for hours of required work in excess of
the hours in the monthly work period.
Class
Code
1427
1430
1436
1437
1448
1442
1440
3553
0709
0712
0714
0108
2135
1686
0003
0078
2023
2102
8433
8436
8439
8463
8466
6527
2127
2001
2130
2013
2133
3514
8840
2053
2052
2050
8410
4630
4633
4635
0720
0114
0831
Overtime
Class Title
Pay
Accountant I...................................................................................................Yes
Accountant ....................................................................................................Yes
Accountant II .................................................................................................. No
Accountant IV ................................................................................................. No
Accounting Services Administrator .................................................................. No
Accounting Services Supervisor I ..................................................................... No
Accounting Systems Analyst ............................................................................ No
Actuarial Analyst ............................................................................................ No
Administrative Assistant I...............................................................................Yes
Administrative Assistant II..............................................................................Yes
Administrative Assistant III.............................................................................. No
Administrative Secretary.................................................................................Yes
Assistant Data Center Director ....................................................................... No
Budget Analyst ................................................................................................ No
Clerk Specialist ..............................................................................................Yes
Clerk Typist Specialist ....................................................................................Yes
Computer Operator III ....................................................................................Yes
Computer Programmer Analyst I.....................................................................Yes
Crime Intelligence Analyst I ............................................................................Yes
Crime Intelligence Analyst II ...........................................................................Yes
Crime Intelligence Analyst Supervisor .............................................................. No
Crime Laboratory Analyst ...............................................................................Yes
Crime Laboratory Analyst Supervisor............................................................... No
Custodial Supervisor I ....................................................................................Yes
Data Base Administrator ................................................................................. No
Data Entry Operator .......................................................................................Yes
Data Processing Administrator ........................................................................ No
Data Processing Control Specialist..................................................................Yes
Data Processing Manager ................................................................................ No
Deferred Compensation Specialist...................................................................Yes
Deputy Boiler Inspector ..................................................................................Yes
Distributed Computer Systems Administrator.................................................. No
Distributed Computer Systems Analyst ..........................................................Yes
Distributed Computer Systems Specialist .......................................................Yes
Duty Officer....................................................................................................Yes
Engineer II....................................................................................................... No
Engineer III ..................................................................................................... No
Engineer Iv ...................................................................................................... No
Executive Assistant II ...................................................................................... No
Executive Secretary ........................................................................................Yes
Facilities Services Manager Assistant............................................................... No
152
Class
Code
3534
3501
3502
1366
1360
1466
1587
1567
1554
1564
1575
1566
1364
4135
1362
8804
8805
1415
1418
8459
3733
1664
3530
3533
3525
3515
3518
3521
3524
3508
3509
3512
1596
8525
8540
8541
8522
8526
6466
6373
2209
2212
2239
2041
2043
0129
7703
1003
1015
1006
Overtime
Class Title
Pay
Field Insurance Regional Administrator ........................................................... No
Field Insurance Representative II ..................................................................... No
Field Insurance Representative III.................................................................... No
Field Repr Supv-Fire Fighters Stds & Trn......................................................... No
Field Repr-Fire Fighters Stds & Trng................................................................ No
Finance & Accounting Director III .................................................................... No
Financial Administrator ................................................................................... No
Financial Control Analyst ................................................................................ No
Financial Examiner/Analyst I .........................................................................Yes
Financial Examiner/Analyst II ........................................................................Yes
Financial Examiner/Analyst Supervisor........................................................... No
Financial Specialist ........................................................................................ No
Fire Coll Instr Supv-Fire Fgtr Stds & Tr ........................................................... No
Fire College Academic Instructor...................................................................... No
Fire College Instructor ..................................................................................... No
Fire Protection Specialist ................................................................................Yes
Fire Protection Specialist Supervisor ............................................................... No
Fiscal Assistant I ............................................................................................Yes
Fiscal Assistant II ...........................................................................................Yes
Forensic Technologist .....................................................................................Yes
Information Specialist II..................................................................................Yes
Inspector General-Doi ..................................................................................... No
Insurance Administrator B .............................................................................. No
Insurance Administrator C .............................................................................. No
Insurance Administrator-Loss Prevention ........................................................ No
Insurance Analyst I ......................................................................................... No
Insurance Analyst II ........................................................................................ No
Insurance Examiner I ...................................................................................... No
Insurance Examiner II ..................................................................................... No
Insurance Specialist I ...................................................................................... No
Insurance Specialist II ..................................................................................... No
Insurance Specialist III .................................................................................... No
Investment Specialist-Treasurer .....................................................................Yes
Law Enforcement Captain................................................................................ No
Law Enforcement Investigator I.......................................................................Yes
Law Enforcement Investigator II......................................................................Yes
Law Enforcement Lieutenant .......................................................................... No
Law Enforcement Major .................................................................................. No
Maintenance Mechanic ...................................................................................Yes
Maintenance Repairman .................................................................................Yes
Management Analyst I ....................................................................................Yes
Management Analyst II .................................................................................... No
Management Review Specialist ........................................................................ No
Office Automation Specialist I .........................................................................Yes
Office Automation Specialist II ........................................................................Yes
Office Operations Supervisor II ........................................................................ No
Paralegal Specialist ........................................................................................Yes
Personnel Aide................................................................................................Yes
Personnel Services Specialist .......................................................................... No
Personnel Technician I....................................................................................Yes
153
Class
Code
1009
1012
6321
6311
0939
0945
3742
3738
3721
0809
0812
0818
0130
5312
3551
3120
1334
3546
3545
8713
8705
0105
8200
8701
0008
0004
4009
8464
2224
2225
0093
0120
3112
3117
0918
0921
2113
2115
2117
2107
2039
2031
2034
2035
6582
1330
6004
6360
0090
0096
3328
Overtime
Class Title
Pay
Personnel Technician II ................................................................................... No
Personnel Technician III .................................................................................. No
Print Shop Supervisor II .................................................................................. No
Printer II.........................................................................................................Yes
Property Administrator I .................................................................................Yes
Property Administrator III ................................................................................ No
Public Information Director ............................................................................. No
Public Information Specialist .......................................................................... No
Publications Production Specialist II ...............................................................Yes
Purchasing Agent I .........................................................................................Yes
Purchasing Agent II ......................................................................................... No
Purchasing Specialist ...................................................................................... No
Records Administrator ..................................................................................... No
Registered Nursing Consultant ........................................................................ No
Reinsurance/Financial Specialist .................................................................... No
Research Assistant .......................................................................................... No
Research & Training Specialist ........................................................................ No
Risk Management Program Administrator........................................................ No
Risk Management Program Specialist .............................................................. No
Safety Program Manager.................................................................................. No
Safety Specialist .............................................................................................Yes
Secretary Specialist ........................................................................................Yes
Security Guard ...............................................................................................Yes
Senior Actuarial Analyst .................................................................................. No
Senior Clerical Supervisor ..............................................................................Yes
Senior Clerk ...................................................................................................Yes
Senior Consumer Complaint Analyst ..............................................................Yes
Senior Crime Laboratory Analyst ....................................................................Yes
Senior Management Analyst I .......................................................................... No
Senior Management Analyst II ......................................................................... No
Senior Word Processing Systems Operator ......................................................Yes
Staff Assistant ................................................................................................Yes
Statistician II................................................................................................... No
Statistician Supervisor II ................................................................................. No
Storekeeper I ..................................................................................................Yes
Storekeeper II .................................................................................................Yes
Systems Programmer II...................................................................................Yes
Systems Programmer III..................................................................................Yes
Systems Programming Administrator .............................................................. No
Systems Project Analyst................................................................................... No
Telecommunications Administrator.................................................................. No
Telecommunications Specialist I .....................................................................Yes
Telecommunications Specialist II ....................................................................Yes
Telecommunications Specialist III ...................................................................Yes
Telecommunications Systems Consultant ....................................................... No
Training Manager ............................................................................................ No
Training & Research Manager.......................................................................... No
Utilities & Maintenance Superintendent II ....................................................... No
Word Processing Systems Operator ................................................................Yes
Word Processing Systems Operator Supervisor ...............................................Yes
Workers’ Compensation Administrator............................................................. No
154
Class
Code
3312
3322
3323
Overtime
Class Title
Pay
Workers’ Compensation Examiner ..................................................................Yes
Workers’ Compensation Specialist ..................................................................Yes
Workers’ Compensation Specialist Supervisor.................................................. No
155
Overtime for Included Law Enforcement Employees
(Law Enforcement)
In order for the Department of Insurance to meet the needs of the people and businesses
affected by natural disasters or other emergencies, the Department is committed to
providing the best possible service. To that end, work schedules must be flexible and
responsive to the needs of our consumers.
It is hereby provided that law enforcement departmental employees filling “Included”
positions (non-exempt from the FLSA) will be compensated in accordance with the
provisions of Article 23, Section 1(B) of the PBA Law Enforcement Agreement.
SECTION 1–Overtime
(B) Work beyond the normal workweek or approved extended period shall be recognized in
accordance with Chapter 60K-5, Personnel Rules of the Career Service System; provided,
however, that when an emergency is declared by the Governor and funds are available,
employees who are assigned to the emergency area described in the Governor’s Executive
Order shall be subject to a forty (40) hour workweek while so assigned. The State and the
Association will cooperate to secure funds for the payment of overtime to Unit employees in
the situation described herein.
The Commissioner or his designee may put this plan into effect during times of natural
disasters and their aftermath or other emergencies. The plan shall apply only to those
employees filling “Included” positions who are assigned to the to the emergency area and
perform duties and responsibilities related to a natural disaster or other emergency.
156
Review and Improvements
By May 15th of each year, a review of the manual will be completed and necessary changes
made based upon the prior year’s experience. The Department’s Emergency Coordinating
Officer will coordinate the review.
By May 15th of each year, all telephone numbers will be updated. (Emergency
Coordinating Officer)
157
Insurance Fraud
Agents & Agencies
Services
Division
Directors
Insurer Services
Consumer
Services
Division
Director
Information
Services
Rehab &
Liquidation
158
Administration
Division
Directors
Treasury
Emergency
Coordinatin
g officer
and
Strategic
Planning
Office of
Budget
Fire
Marshal
State Emergency
Operations Center
Risk Management
Division
Directors
Legal Services
Communications office
Chief of Staff
Insurance
Commissioner
Emergency Response Organization Chart
Appendix 6B: Missouri Department of Insurance Sample Disaster Response Plan
Missouri Department Of Insurance
State Disaster Response Plan
In the event of a natural or other disaster which would require an extraordinary response
by the State Insurance Department, the State of Missouri has adopted the following plan in
advance to respond quickly and effectively to meet the insurance information needs of its
citizens, and to coordinate Departmental resources with other state agencies in mitigating
the effects of the disaster. Activation of the plan will be implemented at the call of the state
Insurance Director or his designee.
Table of Contents
Title
Section
I.
Disaster Standing Committee
II
A. Command Post
B. Communications Network
C. Regional Offices
D. Consumer Information Task Group
E. Media Relations Task Group
State Emergency Response Team Activities
III.
A. Purpose and Scope
B. Response Team Operations
C. Recovery and Damage Assessment Operations
D. Emergency Licensing of Adjusters
E. Disaster Recovery Centers
F. Discussion List – Company Readiness
Contacts
A.
B.
C.
D.
E.
F.
G.
Command Post Contacts
Consumer Hotline Information
General MOMDI Contacts
Emergency Management Assistance Compact
Key Person Contact List –Missouri Association Contacts
Missouri Industry Contacts
Public Relations Contacts
159
Page
IV.
Appendices
A.
Consumer Tips
B.
C.
D.
E.
F.
G.
H.
I.
J.
A. General Disasters
B. HMO Questions and Answers
C. Life and Health Questions and Answers
D. Property and Casualty Questions and Answers
E. When Tornadoes Strike
F. Flood Tips
G. When Earthquakes Strike
H. When Terrorism/War Strikes
Sample Press Releases – Flood, Tornado, Earthquake
Emergency Rule
Emergency Adjuster Applications
Emergency Mutual Aid Compact
Life and Health Detailed Questions and Answers
Property and Casualty Detailed Questions and Answers
State of Missouri Terrorist Incident Response Plan
State of Missouri Emergency Operations Plan – SEMA
160
MDI Disaster Plan Section I Contents
Disaster Standing Committee
Page
General – Committee and Response Levels
A.
Command Post
Purpose
Location
Composition
Duties
B.
Communications Network
Purpose
Speakers Bureau
C.
Regional Office(s)
Purpose
Location
Duties
D.
Consumer Information Task Group
Purpose
Location
Composition
Communications
E.
Media Relations Task Force
Purpose
Action Items
Composition
161
Section I – Disaster Standing Committee
Chief Deputy Director, Chair of Standing Committee
Director of Market Regulation, Disaster Coordinator
Deputy Director of Market Regulation, Asst. Disaster Coordinator
Information Systems
SEMA
Public Information Officer
Supervisor, Property and Casualty
Director, Consumer Affairs
Financial Regulation
Adjuster Licensing
Legal
Designated Principal Assistant
Upon notification of a significant disaster involving multiple Divisions of the Missouri
Department of Insurance, the Chair should activate the Disaster Standing Committee. The
purpose for this activation, should a significant disaster occur, is to insure an orderly flow
of information between separate Divisions and Task Groups within the Department, to
insure that efficient use of resources is maximized and any duplication between divisions
removed. The committee should meet initially at a location specified by the chair or meet
on a conference call initiated by the Chair. The Committee should implement the State of
Missouri Emergency Operations Plan (SEOP). Appointments should be made to the
specified task groups and assignments made. After appointments are made to each Task
Area, updates on field and office activity will be forwarded to the Chair, or his designee, by
the Task Leaders, giving updates on all activities and assignments. The Chair will then, on
a routine basis, update the Director on the Department’s operations. Requests for
additional departmental assistance shall be forwarded to the Chair, or his designee, for
assignment.
If the Department’s operations are significant enough to involve a large number of
individuals and agencies, the Chair may elect to establish a Command Post.
162
Proposed Response Levels
Prior to initiating the Command Post, the Standing Committee must determine the
response required by the catastrophe. The Department of Insurance has identified four
major categories.
1.
The first level is major damage to property but with only isolated individuals
affected. For example hail or wind damage to a few homes in an area could be
deemed the first level. The Department would track the individual claims to
see that they were properly handled by the insurers.
2.
The second level would be severe damage to a small geographic area such as
a group of homes and/or property with many individuals affected. There will
be general concern within the department and the claims will be carefully
tracked. Depending on the severity of the damage the Department may or
may not send personnel to the area.
3.
The third level is one of catastrophic damage covering a wide area. This would
be damage such as small floods, tornadoes that hit heavily populated areas,
and earthquakes. Large numbers of people and area will be involved and will
require a mobilized effort by the MDI to insure that the insureds are made
‘whole’. Press releases and supervision over the claims adjusters will be
required. SEMA will probably be involved at this point. There may or may not
be a Governor’s declaration.
4.
The fourth and final level would be a catastrophe of a proportion such as the
terrorist attacks on the World Trade Center and the Flood of 93. The impact
upon the industry and the insureds will be of such nature that SEMA and
possibly FEMA will then become directly involved. The Governor will have
declared these areas ‘disaster’ areas and MDI will work through SEMA during
the recovery process.
163
A.)
Command Post
(for Command Post contact list, see Section III)
1.
Purpose: To quickly establish a command post and necessary numbers and
locations of field offices following the occurrence of a disaster. The Command Post
should immediately function to transfer useful information to consumers in the
affected area, while assisting the insurance industry in promptly assessing the size
and extent of the damage.
2.
Location: The command post will be located in the Truman Building, 5th Floor MDI
Offices.
3.
Composition: The command post and the regional offices will have the same
composition to insure consistency in the information and services provided. The
difference between the command post and the regional offices in this regard is that
the individuals in the command post will have greater responsibility in managing the
flow of information. Thus, those in the command post will be, in most instances,
from the highest levels of the Department and from the top of the industry’s
coordinating team. Where possible, the Department’s representative will either be
the Director or his/her designee. Every effort will be made to assure that the
appointed “staff person” will have some media experience.
4.
Duties: One of the principal responsibilities of the Command Post will be to operate
as the main communication conduit between the State Emergency Management
Agency (SEMA) and Emergency Response Team (SERT) operations, MDI, the general
public, the media, the insurance industry, etc. To perform in this capacity, those
responsible for establishing the command post will need to develop several functions
well before a disaster occurs. A contact list of the state agency people, members of
the media and insurance industry personnel should be put together so those in
charge can quickly begin assessing the problems and respond to them. Additionally,
a speakers bureau to address the need to quickly get insurance claims information
to those in the affected area should be established (see below). To facilitate these
items and the other matters that need to be considered, such as the procedures for
handling different types of catastrophic events, a command post group should be
appointed immediately for a predetermined period of time.
164
B.)
Communications Network
1.
Purpose: To establish a communications network that will link consumers with
insurance companies and the Department of Insurance whenever a catastrophic
event occurs.
2.
The Command Post Task Group will be charged with the responsibility of creating
a “contact list” for quickly contacting people within the insurance industry,
preferably individuals with the national trades and the state domestic trade so a
large audience can be reached with just a few calls. Additionally, a contact person
with two or three of the major property writers within the state should be part of the
list as well. The list should also have a contact person with both the “Media
Relations Task Group” and the “Consumer Information Hotline Task Group” (see
end of this section) individuals with key state agencies should also be added.
3.
Speakers Bureau: Another responsibility of the Command Post Task Group will be
to develop a “speakers bureau” to quickly operate in the affected areas to answer
questions at town meetings and other informational gatherings. The speakers
bureau would act to supplement information provided through the media and other
sources on how to quickly and effectively prepare insurance claims information. In
order to facilitate the communication net, the command post will need to prepare an
action plan for installation of phones at both the command post as well as all of the
field offices. This should probably be undertaken in concert with the people from
SERT so not only a coordinated approach is taken, but also an opportunity is
created for using that agency’s phones in the early hours of any disaster.
165
C.)
Regional Office(s)
Purpose: The St. Louis and Kansas City offices will be charged with addressing problems,
solving them where possible and overseeing operations in the geographic areas where the
regional office is responsible. While the composition and the basic duties will be the same
as those of the command post, the regional office(s) will deal with the local problems and
handle them from a closer vantage point. Where serious disputes or problems arise, the
regional office will forward these back to the command post; otherwise, the regional office
will manage their own operation and report only. It is imperative that ______ and _____
remain at the Regional Office Operations center for command purposes. These centers will
fall under the direction of the Command Post.
Location: Regional offices will be established at the existing location of the regional offices,
unless indication from the Command Post shows a more appropriate location.
Duties: The regional office(s) will be charged with channeling information within the zone
the office(s) has responsibility for. All requests for speakers, press contacts, and general
insurance information will come through the Public Information Officer at the Central
Office. Additionally, all written material explaining how to prepare claims will be available
through these outlets as well. The regional office(s) will routinely report to the command
post on daily activities. All problems that cannot be worked out locally will be sent to the
Command Center for review. Department brochures (see Section II) or Disaster Response
should be made widely available throughout regional office(s).
Regional Office(s) Pool Members
MDI–St. Louis Office
_________, Manager
Wainwright Building
615 E. 13th St., Room 510
St. Louis, MO 63101
PHONE: ( ) –
FAX: ( ) –
MDI–Kansas City Office
__________, Manager
111 N. 7th St., Room 229
PHONE: ( ) –
FAX: ( ) –
166
D.)
Consumer Information Task Group
The following are procedures to establish a consumer hotline in the event of a disaster in
this State. The hotline will provide general information on insurance and will put the
consumer in touch with their insurance company. Consumers should be encouraged to
first contact their insurance agent, or failing that, their insurance company.
Hotline:
A)
Purpose: 1) Provide consumers with information needed to get in touch with
their insurance companies and the requisites to file a claim; and
2) convey necessary information to the Command Post and regional office(s).
B)
Location: The central hotline is located in the offices of the Director of
Consumer Services.
C)
Composition: If a disaster is declared, the hotline should be immediately
activated. The hotline should become a 24-hour service utilizing four six-hour
shifts.
Regional offices might initially be made operational through the use of
standby cellular telephones until wired phone links are dropped and
established.
D)
Communications: The hotline staff should have a list of 800 numbers of the
major property/casualty insurers in the state as well as the list of Command
Post Regional Offices and other emergency agency numbers to be used in the
event of a disaster. A communication telephone tree should be established to
notify hotline workers what shifts they will be staffing after the Department of
Insurance has declared a disaster. Hotline staff will also be provided with a
communications kit, which will be used to inform consumers about the claim
procedures.
167
E.)
1.)
Purpose: The purpose of this task group is to create a central source for media
information relevant to disaster insurance and the Disaster Plan Response activities.
It should prepare news releases on steps to take before, during and after a disaster;
produce brochures on preparedness (see Section II for suggested consumer guides);
dispatch speakers to various locations as needed (see Section II B); and maintain
contact with all media.
2.)
Activities: The Group should distribute its advisories and brochures to units of
government throughout the state so that they may reproduce them for local
residents. The NAIC should be contacted for assistance in bulk reproduction. The
Media Relations Group should be in constant contact with SERT to coordinate
media announcements.
The Group should contact news organizations throughout the state with a Media
Advisory. This Advisory notifies news agencies that the Missouri Department of
Insurance is the primary source for obtaining and forwarding information relative to
insurance and a disaster.
Much of the information will be obtained from designated liaison persons stationed
at each command post. The Media Task Group should be in constant touch with the
command post and regional offices to coordinate the information flow. This system
is to make sure that information being supplied to the media is consistent, accurate
and up-to-the-minute.
3.)
Composition: Representatives of trade groups, as well as media specialists
employed by the member insurance companies, should augment forces as needed. A
list of the pool available should be compiled and continually updated with this
manual.
168
MDI Disaster Plan Section II Contents
State Emergency Response Team Activities
Page
A.
State Emergency Response Team Operations–
•
Purpose and Scope
B.
State
1)
2)
3)
4)
C.
Recovery and Damage Assessment Operations
D.
Emergency Licensing Adjuster Information
E.
Disaster Assistance Centers
•
Disaster Recovery Center Form
F.
Discussion List–Company Readiness
Emergency Response Team Operations
Initial Response
Notification Route
Definitions
Operating Procedures for the MDI Staff
169
Section II State Emergency Response Team Activities
A.
Standard Operating Procedures In Support of State Emergency Response Team
Purpose and Scope
The following information is intended to be used as a guideline by those agencies directly
and indirectly involved in fulfilling responsibilities as identified in the State of Missouri
Emergency Operations Plan (SEOP).
It is hoped this document will clarify and identify lines of communications and command
procedures that interface with existing procedures by other agencies.
The initial notification of impending or current status will come from the State Emergency
Management Agency (SEMA) to ____, _____, or _____. Notification of other personnel shall
follow Department SOP’s.
170
B.
State Emergency Response Team Operations
1.0
Initial Response
The following information is intended to inform all personnel of the operational procedure
to be followed for SERT operations by the above listed divisions. All divisions within
Department of Insurance that may be called upon to assist during SERT emergencies or
during recovery missions should be informed as to the command and control procedures
used by this division which has the designated responsibility of direction and control for
emergency personnel during disasters.
2.0
Notification Route
Notification shall follow the same route as the current chain of command, starting with the
Deputy Director.
Statewide Emergency Plan activated
Procedures:
1.
2.
3.
4.
State EOC and MDI operations fully staffed.
Field staff instructed to respond to assigned areas.
Computer listing of all resources updated.
Staging areas activated.
Recovery Operations
All appropriate employees must use command and control procedures already in
place in the disaster area. We suggest that training be made available to make
involved personnel aware of this management system.
3.0
Definitions
The following abbreviations and terms are intended for use within this document in
conjunction with internal procedures already agreed upon by the Missouri Department of
Insurance.
3.1
ACS
Area Command Sites
3.2
DEM
Division of Emergency Management, Department of Crime Control and Public Safety
3.3
MDI
Missouri Department of Insurance
171
3.4
LEOC
Local Emergency Operations Center. A team of 2-4 OEMS and MDI personnel will be
assigned to local EOC. They should alternate 12-hour shifts, monitor activity and
relay requests/information to OPERATIONS. These persons will also be utilized “on
scene” as necessary.
3.5
SEOC
State Emergency Operations Center
3.6
SOP
Standard Operating Procedures
4.0
Operating Procedures for the MDI Staff
4.1
“Activation” requires that staff member(s) make lodging arrangements and
report to location specified when notified of “activation”.
4.2
Upon arrival at specified location (EOC or field) the staff member(s) report to
Command and advise Command of purpose in being at location.
172
C.
Recovery and Damage Assessment Operations
In the event of a catastrophe, either localized or covering large regions, it becomes
necessary to assist in gaining quick and necessary information concerning the
magnitude of the disaster. This assists in determining information for Federal
Declaration of Disaster, as well as assisting insurance industry personnel in
preparing to serve the consumers needs. In this situation, the State Emergency
Management Agency may call upon the Dept. of Insurance, through it’s Emergency
Response Team (SERT) agreements, to establish assessment teams, which are
staffed by Department of Insurance Personnel. These teams may be established
upon request of the Dept. of Insurance’s Command Post established under this
plan, or upon request of the State Emergency Management Agency (SEMA).
D.
Emergency Licensing Adjuster Information
The Missouri Department of Insurance has in place an emergency rule governing the
registration of adjusters for services in areas designated as disaster or catastrophic zones. The
purpose of this rule is to assist the Governor in the performance of his duties under Chapter
44.RSMo, and to prevent unscrupulous persons from taking advantage of the insurance
buying public with regard to the current emergency arising from the recent disaster and/or
catastrophic events.
Under this rule no person may operate as an adjuster in a currently designated disaster area
unless they have registered with the Missouri Department of Insurance and holds a temporary
disaster adjuster license. Each licensed adjuster will be issued an identification card. This card
must be exhibited to any prospective client.
E.
Disaster Recovery Centers (DRC’s)
In the event of a catastrophe, either localized or covering large regions, it becomes
necessary to assist consumers in gaining quick and necessary information and
assistance for their insurance needs. These needs may range from questions of
coverage, to information on obtaining construction contacts and quotes. In this
situation, the State Emergency Management Agency may call upon the Department
of Insurance, through it’s Emergency Response Team (SERT) agreements, to
establish Disaster Assistance Centers, which are staffed by Department of Insurance
personnel, as well as insurance industry professionals. This center’s (DRC’s) may be
established upon request of the Department of Insurance’s Command Post
established under this plan, or upon request of State Emergency Management
Agency (SEMA). In either case, the number and location of these centers shall be
specified.
The Consumer Services Division shall work to set up and man these DRC’s by
assigning appropriate Departmental personnel, as well as requesting and providing
for assistance from insurance companies. The Consumer Services Division shall
maintain a call up list of personnel, both departmental and industry, who may serve
at various locations in this capacity.
Whenever possible, these DRC’s shall be established in conjunction with existing
field offices.
173
DRC Center Available Personnel
Name
Association
Work Phone
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Dept. of Insurance
Please note that all ‘volunteers’ will be appropriately trained to answer the questions
expected to be posed during a catastrophe. They will be given a handbook of ‘cookiecutter’ answers that are relevant to Missouri to prevent confusion with other state
regulations. This handbook is attached as Appendix C in this ‘Plan’.
174
Discussion List
Company Readiness
Identification Guide
Priorities companies: Use our current skill sets in financial analysis to identify those
companies subject to risk of disaster situation. For both foreign and domestic possibly
survey those that may be in trouble.
•
Identify those key components of potential priority companies
Information systems
Large exposure to certain losses; e.g. Trade center situation
Politically sensitive targets; e.g. Insurers in holocaust situation
•
Identify actions to take to assist companies: What remedies do we want
•
Identify what to do after a company has developed such disaster-related
problems
•
Identify what types of companies are more important during disasters of different
types
•
Identify what service if any DFR can undertake in the event of a disaster
•
Establish communication with the troubled company in the time of disaster.
•
Establish the necessary contacts and system to work with other state and federal
regulations
175
MDI Disaster Plan Section III Contents
Contacts
Page
A.
Emergency Command Post Contact List
B.
Consumer Information Hotline Numbers
C.
MDI Contacts
•
•
•
Administration
Company Services Group
Technical Services Group
D.
EMAC
E.
Key Person Contact List–Missouri Insurance Association Contacts
F.
G.
Public Relations Contacts
176
Section III Contacts
A.)
Emergency Command Post Contact List
Name
Office #
177
B.)
Consumer Information Hotline Numbers
Name/Association
Phone Number
Shelter Mutual
(573) 214-4265 or (573) 214-4366
American Security Insurance
(800) 421-3535
American Family Mutual
(800) 374-1111
State Farm Mutual Automobile
(877) 278-4506
State Farm Fire & Casualty
(877) 278-4506
Safeco Insurance Co. of America
(206) 545-5681
Federal Insurance
(800) 252-4670
National Union Fire of Pittsburgh
No specific phone #
Automobile Club Inter-Ins Exchange
(800) 222-7623, x5365
Liberty Mutual Fire Insurance
(800) 526-1547
American Standard Ins. of Wisconsin
(800) 374-1111
Mid Century Insurance
(800) 394-0856
Farm Bureau Town & Country
(877) 322-5246
Missouri Employers Mutual
(800) 442-0591
Allstate Insurance
(800) 547-8676
Farmers Alliance Mutual
(888) 344-4343
FEMA
(800) 462-9029
National Flood Insurance Program
(800) 638-6620
178
C.)
Missouri Department of Insurance Contacts
530 Truman Building, Jefferson City, MO 65101 (573) 751-4126
Emergency and/or Security. . . . . . .(573) 522-2222
Administration
Director of Insurance
( ) –
Assistant Director
( ) –
Deputy Director
( ) –
Legal Department
( ) –
( ) –
Legislative Counsel
( ) –
Media Relations
Director–
( ) –
Support Services
Supervisor –
( ) –
Mdi–St. Louis Office
_________, Manager
Wainwright Building
615 E. 13th St., Room 510
St. Louis, Mo 63101
Phone: ( ) –
Fax: ( ) –
Mdi–Kansas City Office
____________, Manager
111 N. 7th St., Room 229
Kansas City, Mo 64106
Phone: ( ) –
Fax: ( ) –
179
Division of Financial Regulation
Director –
( ) –
Financial Examination
Assistant Chief Financial Examiner – ............................................................ ( ) –
Health Organizations/Company Analysis
Supervisor – Managed Care – .......................................................................... ( ) –
Self-Insured Workers’ Compensation Analysis
Supervisor - .................................................................................................... ( ) –
Information Systems
Director –........................................................................................................ ( ) –
Consumer Services
Consumer Services
Director –........................................................................................................ ( ) –
Investigations
Supervisor – ( ) –
Technical Services Group
Life & Health
Supervisor –.................................................................................................... ( ) –
Managed Care & Health Benefits
Supervisor – ................................................................................................... ( ) –
Market Examinations
Director Of Market Regulations –..................................................................... ( ) –
Property & Casualty
Supervisor – .................................................................................................. ( ) –
Licensing
Supervisor – .................................................................................................. ( ) –
Claims ( )
Supervisor – .................................................................................................. ( ) –
The email address for MDI employees is: [email protected]–the USERID is the first
initial followed by the last name not to exceed 8 characters (be sure to use lower case
letters).
180
The Emergency Management Assistance Compact (EMAC) is a mutual aid agreement and
partnership between states that exists because, from hurricanes to earthquakes and from
wildfires to terrorism, all states share a common enemy: the constant threat of disaster.
EMAC allows states to assist one another during emergencies. Out of state aid through
EMAC helps fill the shortfalls that appear when state and local resources are overwhelmed
and federal assistance is either unavailable or inadequate. EMAC establishes a firm legal
foundation by ensuring that states that offer help will be reimbursed for their expenses.
EMAC also provides fast and flexible assistance. A state is not obligated to help if they are
unable to and these procedures also dispense with bureaucratic wrangling.
181
E.)
Missouri Insurance Association Contacts
Missouri Insurance Coalition
220 Madison St–3rd Floor
Executive Director: Calvin Call
Director of Government Affairs: Brent Butler
Phone: (573) 893-4241
Fax: (573) 893-4996
E-mail Address: [email protected]
Internet Address: www.moinsurancecoalition.com
Missouri Association of Insurance Agents
2701 Industrial Drive
Executive Vice President: Larry Case
Phone: (573) 893-4301
Fax: (573) 893-3708
Internet Address: www.missouriagent.org
Missouri Association of Mutual Insurance Companies
PO Box 864
Sikeston, MO 63801
President/General Manager: Ron Borders
Phone: (573) 471-1534
Fax: (573) 471-8618
Internet Address:
National Association of Mutual Insurance Companies
3601 Vincennes Rd
Indianapolis, IN 46268
Key Executive: Larry Forrester
Chief Communications Officer: Charles Chamness
Phone: 317-875-5250
Fax: 317-879-8408
E-mail Address: [email protected] or [email protected]
Internet Address: www.namic.org
182
Insurance Services Office
2828 E. Trinity Mills Road, Suite 315
Carrolton, TX 75006
Assistant Regional Manager: Don Beckel
Phone: 214-390-1825 ext. 224
Fax: 214-390-1975
Internet Address: www.iso.com
National Association of Independent Insurers
2600 River Road
Des Plaines, IL 60018
Counsel: Ann Weber
Phone: 847-297-7800 ext. 320
Fax: 847-297-5064
Internet Address: www.naii.org
American Insurance Association
5750 Old Orchard Rd., Suite 340
Skokie, IL 60077
VP-Midwest Region: Paul Blume
Phone: 847-470-1070
Fax: 847-470-1414
E-mail address: [email protected]
Internet address: www.aiadc.org
Alliance of American Insurers
3025 Highland Parkway, Suite 800
Downers Grove, IL 60515
State Manager: Kirk Hansen
Phone: 630-724-2125
Fax: 630-724-2190
Internet-Address: www.allianceai.org
183
Insurance Information Institute
110 William Street
New York, NY 10038
Key Executive: Gordon Stewart
Phone: 212-669-9200
Fax: 212-791-1801
Internet Address: www.iii.org
Missouri Insurance Guaranty Associations
994 Diamond Ridge, Suite 102
Contact: Chuck Renn, Executive Director
Phone: (573) 634-8455
Fax: (573) 634-8488
E-mail Address:
Internet Address:
National Council on Compensation Insurance (Ncci)
11439 Gravois Road
St. Louis, MO 63126-0530
Contact: vacant
Phone: (314) 843-4001
Fax: (314) 842-3188
E-mail Address:
Internet Address: www.ncci.com
FAIR Plan
906 Olive St., Suite 1000
St. Louis, MO 63101
Manager: David Reuter
Phone: (314) 421-0170 ext. 111
Fax: (314) 421-2575
E-mail Address:
Internet Address:
Missouri Association of Insurance & Financial Advisors
PO Box 1729
Jefferson City, MO 65102-1729
Key Executive: Lori Smith
Phone: (573) 634-5205
Fax: (573) 634-5954
Internet Address: www.maifa.com
184
F.)
1.
State Farm
Public Relations Officer: Ron Roberts, Regional Public Affairs Manager
Phone number: (573) 499-2111
E-mail: [email protected]
Address: 4700 South Providence, Columbia, MO 65217-9987
Supervisor of Claims/Adjuster: Brent Moyer, Regional Catastrophe Coordinator
Phone number: (573) 499-2278
E-mail:
Corporate Officer in Charge: Michael E. Staloch, Regional Vice President–Operations
Phone number: (573) 499-2032
2.
American Family
Public Relations Officer:
Phone number:
E-mail:
Address:
Supervisor of Claims/Adjuster:
Phone number:
E-mail:
Address:
3.
Zurich Insurance Group/Farmers Insurance Group
Public Relations Officer: Jim Swope, Executive Director of the State of Missouri
Phone number: (816) 361-6222
Address: 9237 Ward Pkwy, Suite 230, Kansas City, MO 64114
Supervisor of Claims/Adjuster: Ken Brown, Catastrophe Claims Zone Manager
Phone number: 888-344-4343 Ext 67174
Address: PO Box 2968, Shawnee Mission, KS 66201-1368
Or
Mark Lee, Claims Manager (Missouri)
Phone: (800) 231-2449
Address: 721 Emerson Rd., Suite 600, St. Louis, MO 63141-0919
185
4.
Shelter Insurance Companies
Public Relations Officer: Joe Moseley, Vice President, Public Affairs
Phone number: (573) 214-4324
Address: 1817 West Broadway, Columbia, MO 65218
Supervisor of Claims/Adjuster: Rick Means, Vice President, Claims
Phone number: (573) 214-4242
Address: 1817 West Broadway, Columbia, MO 65218
5.
Safeco Insurance Group
Public Relations Officer: Mary Eversole, Public Relations Representative
Phone number: 206-925-0863
Address: Safeco Plaza, Seattle, WA 98185
Supervisor of Claims/Adjuster: Rick Summerlin, Catastrophe Manager & Claims Analyst
Phone number: (314) 957-4428
Address: 3637 Geyer Road, St. Louis, MO 63127
Corporate Officer in Charge: Clifford Duever, Assistant Vice President
Phone number: (314) 957-4660
E-Mail: [email protected]
The Department can also contact the following person for any additional information:
John G. Graf, Managing Claims Analyst
Phone number: (314) 957-4591
6.
Allstate Insurance
Public Relations Officer: Joanne Draper, Corporate Relations Manager
Address: 5500 S. Quebec St. Suite 350, Englewood, CO 80111
Supervisor of Claims/Adjuster: Tom Gay, Claims Administration
Address: 5500 S. Quebec St Suite 250, Englewood, CO 80111
Corporate Officer: Richard Turano, Regional Counsel
Phone: 303-779-3723
Address: 5500S. Quebec St Suite 250, Englewood, CO 80111
186
7.
Citigroup/Travelers
Public Relations Officer: Gregory P. Bova, Service Center Manager
Address: 7600 College Blvd., Overland Park, KS 66210
Senior Vice President–Claims: Bill Kiesler
Address:
8.
American International Group
Senior Vice President/General Counsel: Michael J. Cassanego
Address:
Supervisor of Claims/Adjuster: Senior VP – Dean E. Stark
Address:
9.
Liberty Mutual
Regional Vice President: Charles Fellows
Address:
Supervisor of Claims/Adjuster: Vice President – Claims: Anthony Kounalis
Address:
10.
CNA
Public Relations Officer: Heather E. Davis, Vice President–Government Relations
Address: CNA Plaza, Chicago, IL 60685
Vice President/Chief Claims Officer: Thomas P. Greason
Address:
187
11.
Progressive
Public Relations Officer: Mark Arnell
Phone number: (314) 587-2503
Address: 4 City Place #200, St. Louis, MO 63141
Supervisor of Claims/Adjuster: Jon Kaiser
Phone number: (314) 587-2549
E-mail: Jon [email protected]
Corporate Officer in Charge: Mark Arnell
Phone Number: (314) 587-2503
12.
CGU Insurance Group
Catastrophe Manager: Stephen Tracewski
Address:
Supervisor of Claims/Adjuster: Ron Clifton
Address:
13.
St. Paul Group
Public Relations Officer: David Monfried, VP, Corporate Communications
Address: 385 Washington Street, St. Paul, MN 55102
Supervisor of Claims/Adjuster: Wayne Temme, Unit Claim Manager
Phone number: (314) 909-2683
Address: 10777 Sunset Office Dr. Ste 200, St. Louis, MO 63127
Main Contact: Michael Marino, Regional Manager
Address: 335 E. John W. Carpenter Freeway Ste 120, Irving, TX 75062
Corporate Contact: Dean Ramsay, Director, Property Claim
Address: 385 Washington Street, St. Paul, MN 55102
188
14.
MO Employers Mutual Insurance Company
President and CEO: Dennis W. Smith
Address:
Vice President-Policyholder Services: Rodney C. Smith
Address:
15.
Hartford Fire & Casualty
Assistant Vice President-Catastrophe Management: Robert J. Wilkey
Address:
Supervisor of Claims/Adjuster: Mary Frances Roth
Address:
16.
Chubb & Son
Catastrophe Manager: Peter F. Seay
Phone number: 800-252-4670, x4334
Address:
Supervisor of Claims/Adjuster: Same as above
Phone number:
E-mail:
Address:
17.
Allianz Insurance Group
Public Relations Officer: Bernadette Berger
Address:
Supervisor of Claims/Adjuster: Becky Huerta
Address:
189
18.
Missouri Farm Bureau
Public Relations Officer: Estil Fretwell
Phone number: (573) 893-1467
E-mail:
Address: PO Box 658, Jefferson City, MO 65102
Supervisor of Claims/Adjuster: Mitch Rohrbach
Phone number: (573) 893-1483
Company Manager: Mike Voiles
Phone Number: (573) 893-1439
E-Mail: [email protected]
19.
Nationwide Corporation
Director of Information Systems and Services: Kirk Hooten
Address:
Supervisor of Claims/Adjuster: Denise Milby
E-mail:
Address:
20.
Auto Club Group
Public Relations Officer: Mike Right, Vice President of Public Affairs
Phone number: (314) 523-7350 ext 6300
Cell Phone: (314) 614-4582
Pager: (314) 490-3502
Address: 12901 North Forty Drive, St. Louis, MO 63141
Supervisor of Claims/Adjuster: Jim Strike, Director of Claims
Phone number: (314) 523-7350 ext. 5365
Cell Phone: (314) 581-1046
Pager: (314) 407-3502
Corporate Officer: Bob Schreiber, Vice President, Insurance
Phone: (314) 523-7350 ext. 5371
Cell Phone: (314) 614-3186
190
G: Public Relations Contacts
Daily Newspapers of Missouri
Blue Springs Examiner
dbrendel @examiner.net
Boonville Daily News, The
[email protected]
Branson Daily News, The
[email protected]
Carthage Press, The
[email protected]
Clinton Daily Democrat
[email protected]
Columbia Daily Tribune
[email protected]
Columbia Missourian
[email protected]
Constitution – Tribune
[email protected]
Courier-Post, The
[email protected]
Daily American Republic
[email protected]
Daily Dunklin Democrat
[email protected]
Daily Express & News
[email protected]
Daily Guide
[email protected]
Daily News, The
[email protected]
Daily News-Bulletin, The
[email protected]
Daily Star Journal, The
[email protected]
Daily Statesmen, The
[email protected]
Examiner, The
[email protected]
Fulton Sun Gazette
[email protected]
Hannibal Courier – Post
[email protected]
Joplin Globe, The
[email protected]
Kansas City Daily Record
[email protected]
Kansas City Star, The
[email protected]
Lake Sun Leader
[email protected]
Lebanon Daily Record, The
[email protected]
Macon Chronicle- Herald
[email protected]
Marshall Democrat, The
[email protected]
Maryville Daily Forum
[email protected]
Mexico Ledger, The
[email protected]
Moberly Monitor
[email protected]
Monett Times, The
[email protected]
Neosho Daily News
[email protected]
Nevada Daily Mail & Herald
[email protected]
News and Tribune
[email protected]
Pulse Legal Publication, The
[email protected]
Rolla Daily News
[email protected]
Sedalia Democrat
[email protected]
Southeast Missourian
[email protected]
Springfield News Leader
[email protected]
St. Francois County Daily Journal [email protected]
St. Joseph News – Press
[email protected]
St. Louis Countian
[email protected]
St. Louis Daily Record
[email protected]
St. Louis Post Dispatch
[email protected]
Standard-Democrat
[email protected]
Trenton Republican Times
[email protected]
West Plains Daily Quill
[email protected]
191
(816)
(660)
(417)
(417)
(660)
(573)
(573)
(660)
(636)
(573)
(573)
(660)
(573)
(816)
(660)
(660)
(573)
(816)
(573)
(573)
(417)
(816)
(816)
(573)
(417)
(660)
(660)
(660)
(573)
(660)
(417)
(417)
(417)
(573)
(816)
(573)
(660)
(573)
(417)
(573)
(816)
(314)
(314)
(314)
(573)
(660)
(417)
229-9161
882-5335
334-3161
358-2191
885-2281
815-1500
882-5714
646-2411
949-6928
785-1414
888-4505
665-2808
336-3711
776-5454
258-7237
747-8123
624-4545
254-8600
642-7272
221-2800
623-3480
931-2002
234-4125
346-3132
532-9131
385-3121
886-2233
562-2424
581-1111
263-4123
235-3135
451-1520
667-3344
636-3131
221-2552
634-2468
826-1000
335-6611
836-1109
431-2010
271-8500
727-6111
421-1880
340-8000
471-1137
359-2212
256-9191
Broadcast
Associated Press
[email protected]
Television Stations
KCTV
KETC
KGCS
KMVC
KMXQ
KOAM
KODE
KOLR
KOZK
KOZK
KQTV
KRCG
KSMO
KTAJ
KTVO
KYTV
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Radio Stations
KAAN
KAHR
KALM–
KAOL
KBDZ
KBNN
KBOA
KBTC/KUNQ
KBZI
KCGQ
KCHI
KCLC
KCMW
KCPT
KCRV
KCSX
KCTV
KCUQ
KCWJ
KDAA
KDBB
KDCR
KDEX
KDKD
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
- @regionalradio.com
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
@kcwj.com
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
192
Appendices
A.
Consumer Tips
B.
Samples of Public Releases for Earthquake, Flood, Tornado
C.
Emergency Rule
D.
Emergency Adjuster Application
E.
F.
Emergency Mutual Aid Compact
G.
Life and Health Detailed Questions and Answers
H.
Property and Casualty Detailed Questions and Answers
I.
State of Missouri Terrorist Incident Response Plan
J.
State of Missouri Emergency Operation Plan – SEMA
193
Consumer Tips/Fact Sheets and Media Releases
Page
A.
General Disasters
Consumer Tips
•
Disaster Question and Answer
•
B.
HMO Questions and Answers
C.
Life and Health Questions and Answers
D.
Property and Casualty Questions and Answers
E.
When Tornadoes Strike
Consumer Disaster Tips
F.
Flood Tips
Insurance Information
•
National Flood Insurance Questions and Answers
•
General Safety Information
•
Salvage and Loss
•
G.
When Earthquakes Strike
•
Consumer Tips
H.
When Terrorism/War Strikes
194
A: General Disasters – Consumer Tips
When Disaster Strikes:
What To Do After An
Insured Homeowners Loss
301 W. High, Room 530
Truman Building
Phone (573) 751-4126
195
Disaster Consumer Tips
Before a storm:
•
Review your homeowner’s policy with your agent. Most standard homeowners policies
do not cover flood damage.
•
Some residents may qualify for flood insurance through the National Flood Insurance
Program, 1-(800) 638-6620
•
Tenants should consider purchasing coverage for their personal property through
renters insurance.
•
Property owners should consider whether to insure their property for the replacement
cost or actual cash value. Replacement cost is the amount it would take to rebuild your
home or repair damages with materials of similar kind and quality without deducting
for depreciation. Depreciation is the decrease in home or property value since the time it
was built or purchased due to age or wear. Actual cash value is the amount it would
take to repair damage to your home after depreciation. Most standard homeowners
policies cover the contents of your home on an actual cash value basis. Many insurers
offer an option for you to insure your property at replacement cost. The premium may
be slightly higher for this coverage, however, you may want to consider the option.
•
Make a list of your belongings and record them on film through still photos or
videotape. Include a close-up shot of the day’s newspaper. Keep your inventory list
along with purchase receipts, pictures and your insurance policy in a safe-deposit box
or other safe place away from your home. If you are forced to evacuate, take a copy of
your insurance policy with you.
•
Take action to protect your property; cover your windows with storm shutters, siding or
plywood. Move vehicles into garages, if possible; otherwise park them near your home
and away from trees. Move grills, patio furniture and potted plants into the house or
garage. Clear your yard of loose objects that can become missiles. Tie down anything
you can’t bring in.
196
After the storm:
•
Contact your insurance agent as quickly as possible and ask for instructions on what
to do until your adjuster arrives.
•
Begin preparing an inventory of personal property damaged or destroyed and take
pictures of the damaged property.
•
Protect your property from further damage. Your reasonable expenses to protect your
property are part of the loss and are generally reimbursed by insurance companies.
Keep all receipts.
•
Do not have permanent repairs made until your insurance company has inspected the
property and you have reached an agreement on the cost of repairs.
•
If necessary, rent temporary shelter. If your home is uninhabitable because of physical
damage, most homeowners’ policies will pay additional living expenses while your
property is being repaired. Lack of power or water is not considered physical damage
and, therefore, additional living expenses will not be covered. Before renting temporary
shelter, check with your insurance company or agent to determine what expenses will
be reimbursed.
Common coverage concerns:
•
Damage to your home from fallen trees is covered under most homeowners’ policies.
Most companies will pay to have trees removed from the damaged structure, such as
your home, garage or fence, but will not pay to remove the tree from your yard.
•
Most homeowners’ policies cover damages to appliances that result from a power surge
when power is restored to your home. Some electronic components may not be covered.
•
Most homeowners’ policies cover food that spoils due to power loss only if the individual
feeder line to your home is down, not in instances of widespread power failure.
•
Storm-related injuries to others on your property are covered by most homeowners’
policies under your medical payments coverages.
•
Damage to your parked vehicle from a fallen tree is covered under your comprehensive
automobile insurance.
•
Most automobile insurance companies will hold drivers at fault for single car accidents
that occur as a result of weather conditions. One insurance point is assigned for
accidents resulting in property damage in excess of $1,500. Two insurance points are
assigned for accidents resulting in property damage in excess of $1,500 but less than
$2,500. Three insurance points are assigned for accidents resulting in property damage
of $2,500 or more. Insurance points are separate and have no bearing on DMV points.
197
Missourians are also advised to be on alert for unlicensed public insurance adjusters who
may try to do business illegally in our state. If a public adjuster approaches you, ask to see
a registration number and a letter from the Missouri Department of Insurance authorizing
them to do business in Missouri. Do not do business with adjusters who request money
from you in advance. If you wish to report such illegal actions or want to confirm that a
public adjuster is licensed, please call the Department of Insurance at (573) 751-4540.
If you have any questions or problems concerning your insurance coverage, contact the
Consumer Services Division of the Missouri Department of Insurance at (573) 7514540.You can also request free copies of the Consumers Guide to Homeowners and Renters
Insurance as well as the guide to Auto Insurance.
198
Phone numbers and claim procedures:
These are the phone numbers and claim procedures for the largest homeowners and auto
insurers in Missouri. All insurers ask that you call your agent first, if possible.
Name/Association
Shelter Mutual
American Security Insurance
American Family Mutual
State Farm Mutual Automobile
State Farm Fire & Casualty
Safeco Insurance Co. of America
Federal Insurance
National Union Fire of Pittsburgh
Automobile Club Inter-Ins Exchange
Liberty Mutual Fire Insurance
American Standard Ins. of Wisconsin
Mid Century Insurance
Farm Bureau Town & Country
Missouri Employers Mutual
Allstate Insurance
Farmers Alliance Mutual
FEMA
Speech/hearing impaired
National Flood Insurance Program
Governor’s Consumer Line
Phone NUMBER
(573) 214-4265 or (573) 214-4366
(800) 421-3535
(800) 374-1111
(877) 278-4506
(877) 278-4506
(206) 545-5681
(800) 252-4670
No specific phone #
(800) 222-7623, x5365
(800) 526-1547
(800) 374-1111
(800) 394-0856
(877) 322-5246
(800) 442-0591
(800) 547-8676
(888) 344-4343
(800) 462-9029
(800) 638-6620
Other important phone numbers:
FEMA ............................................. (800) 462-9029 speech/hearing impaired line (800) 462-7585
National Flood Insurance Program .......................................................................... (800) 638-6620
(see also Contacts, Section III)
199
Storm Preparation
The Missouri Department of Insurance encourages Missourians to follow these storm
preparation tips to avoid severe losses:
•
Homeowners should review their homeowners’ policies with their agents. Most standard
homeowners policies do not cover flood damage and, in some coastal areas, windstorm
coverage may be excluded from the standard policy.
•
Many residents qualify for flood insurance through the National Flood Insurance
Program, call 1-(800) 638-6620 for more information.
•
Tenants should consider purchasing coverage for their personal property through
renters insurance.
•
Property owners should consider whether to insure their property for the replacement
cost or actual cash value. Replacement cost is the amount it would take to rebuild your
home or repair damages with materials of similar kind and quality without deducting
for depreciation. Depreciation is the decrease in home or property value since the time it
was built or purchased due to age or wear. Actual cash value is the amount it would
take to repair damage to your home after depreciation. Most standard homeowners
policies cover the contents of your home on an actual cash value basis. Many insurers
offer an option for you to insure your property at replacement cost. The premium may
be slightly higher for this coverage, however, you may want to consider the option.
•
Make a list of your belongings and record them on film through still photos or
videotape. Include a close-up shot of the day’s newspaper. Keep your inventory list
along with purchase receipts, pictures and your insurance policy in a safe-deposit box
or other safe place away from your home. If you are forced to evacuate, take a copy of
your insurance policy with you.
•
In the event of a storm, take action to protect your property; cover your windows with
storm shutters, siding or plywood. Move vehicles into garages, if possible; otherwise
park them near your home and away from trees. Move grills, patio furniture and potted
plants into the house or garage. Clear your yard of loose objects that can become
missiles. Tie down anything you can’t bring in.
These tips are also available on the Missouri Department of Insurance’s web site,
http://insurance.state.mo.us.
Consumer Services Division of the Missouri Department of Insurance at (800) 726-7390.
200
General Disaster Questions and Answers
If a tornado, flood, earthquake or other disaster damages or destroys your property, you will
likely have many questions and be faced with many decisions. Concerns about temporary
shelter, emergency repairs and the costs of restoring or rebuilding your home can be
overwhelming; and although you have purchased insurance, it may be difficult to think
clearly about filing an insurance claim.
The Department of Insurance has designed this information to answer the questions most
commonly asked about settling disaster-related homeowners insurance claims. If, after
reading it, you have additional questions or problems that you can’t resolve with your
insurance company or agent, please contact us at (800) 726-7390, write us at 301 W. High,
Room 530, Truman Building, Jefferson City, MO 65101, or submit a request on-line at
http://insurance.state.mo.us.
In the event of a major disaster, state and federal agencies will establish Disaster Assistance
Centers to provide a variety of disaster relief programs to the public. Information about the
location of the disaster assistance center and any toll-free assistance numbers will be
published in local newspapers and broadcast on local radio and television stations.
How do I report a claim?
Your insurance agent is the first link between you and your company. Call him or her as
soon as possible. After a natural disaster, insurance companies may also communicate the
proper procedures for filing a claim via local newspapers, radio or television.
If your agent is unavailable or if your insurance company does not have representatives on
the scene available to help you, call the company directly and ask for the claims
department. The company’s phone number is listed in your policy or can be obtained
through the Department of Insurance.
It is very important that you fully understand your rights and responsibilities so that you
can take charge of your own situation. If your insurance policy has been lost or destroyed
in the disaster or if you are confused about the policy benefits or exclusions, your agent or
company will be able to tell you exactly what coverages you have purchased.
201
What should I do if my company has not responded to my claim?
After you report your loss, the insurance company will assign a company representative to
check the damage to your property and determine how much will be paid for your loss. If it
is necessary to vacate your home, be sure to report the address and phone number where
you can be reached.
In any disaster situation, if is important to get critical facilities such as hospitals and
police or fire stations operational right away. Insurance companies will most likely give
priority service to these facilities and then to homes that were entirely destroyed.
Depending upon the scope of damage to your property, it may be some time before the
company representative contacts you. In the meantime, you should begin listing all
damaged items that you plan to report.
What information must I give to the company representative?
Your homeowner’s policy requires you to complete a claim report, which lists all items
destroyed, damaged or missing. If you do not have or cannot locate a complete household
inventory, try to picture the contents of every room in your home and then list and
describe all the items that were damaged or destroyed. Include furniture, major appliances,
electronics equipment, pictures or accessories in each room, as well as hobby items such
as fishing or camping equipment, tools and other home maintenance items and seasonal
items such as holiday decorations or outdoor furniture.
As accurately as possible, try to remember when or where you bought each item, how
much you paid for it and how much it will cost to replace it. It is also helpful to include the
brand name and model number if you know it.
What services can I expect from the company representative?
The representative may ask to examine all damaged items to prepare a written damage
estimate for the company. You may ask for a copy of this report and should not hesitate to
ask questions if you don’t understand it or need help in completing the claim form.
202
Should I wait for the company’s permission to begin clean-up?
To protect your property from further damage, you should make all necessary temporary
repairs, such as boarding up windows and patching holes in walls or roofs, as soon as
possible–even if you have not yet seen the company representative. You can also move your
personal property to a protected area and begin cleaning and drying items damaged by
water. However, you should not dispose of any items that you believe may be a complete
loss until the company representative has examined them.
Take photographs to show the way things looked before you began cleaning and repairing
and be sure to keep receipts for all of your clean-up expenses. Most homeowners’ policies
cover the reasonable costs of emergency clean-up and temporary repairs.
Can I hire someone to make emergency repairs?
Probably. Most homeowners policies cover materials and reasonable labor expenses for
temporary and emergency repairs in addition to any final repairs made to your property.
You should also ask your company representative whether the company would compensate
you for work you do yourself Be sure to keep all of the receipts.
How should I go about choosing a contractor to make repairs?
If at all possible, it is best to hire local rather than out-of-town contractors. In any case,
you should make sure that you deal only with established firms or individuals that can
provide references and are willing to give you a signed contract. If family members or
friends cannot recommend a reputable contractor, check with the local disaster center,
your local building code department or the Better Business Bureau for guidance.
Obtain written estimates before repairs begin and do not sign any contracts for major
repair until the company representative has determined how much damage there is and
how much the company will pay.
A contractor told me he could do the job faster if I just sign my check over to him. Is that a
good idea?
No. If the repair work is extensive, the contractor may ask for periodic partial payments as
the work progresses, but it is highly unlikely that a reputable contractor would request full
payment in advance. The contract should specify that payments would be made as the
work is completed. If you have a mortgage on your home, the lending institution may also
have specific requirements as to how the insurance funds are expended.
203
What if my contractor says the repairs will cost a lot more than the company
representative has allowed?
If there is a discrepancy over the cost of repairs or the contractor has found hidden
damage, you should first contact the company representative and try to resolve the
difference. If you are still unable to resolve your differences, contact the Department of
Insurance for guidance.
Will my homeowner’s policy cover the costs of meeting local/state building codes and
ordinances when I repair or rebuild my home?
First check with your agent to determine whether your policy includes a building code
endorsement that will pay these expenses. In most cases, however, homeowners’ policies
do not cover the expense of bringing a house up to code or meeting certain ordinances
(including floodplain requirements) if the house did not meet these requirements when it
was destroyed.
If your policy does not cover these costs, check with the federal agencies at the local
disaster center to see if you are eligible for any financial assistance.
Isn’t my company obligated to pay for any antique furniture, valuable paintings and
expensive jewelry?
Not necessarily. Most homeowners policies place specific dollar limits on items such as
jewelry, paintings and silver and will only pay the actual cash value of antiques (which may
or may not be equal to their appraised prices). You must purchase additional coverage to
fully insure these items. If you have not done so, they may not be fully covered in your
regular homeowners policy.
I may have forgotten to include some items m my claim, should I accept a check marked
“final payment?”
Unless the company has paid the entire limits of your contents coverage, you may be
entitled to further reimbursement. It is not unusual for an insurance company to re-open a
claim for additional payment. However, it is important that you file an accurate claim in a
timely fashion.
The damages to my house will cost a lot more than the insurance policy covers. What can I
do?
Check with the federal agencies at the local disaster center to see if you are eligible for a
grant or low-interest loan.
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How will the company pay me?
Your policy divides your claim into two separate parts–one for the house itself and one for
the personal property or contents. You may also be entitled to reimbursement for
additional living expenses. The check or draft for payment for the contents claim will be
made out to you. However, the check or draft for the house may be payable to you and
your mortgage holder if there is a mortgage on your house.
Chances are, you received an advance check immediately after the disaster to cover such
items as additional living expenses and clothing. It is important that you keep receipts for
all items purchased with this money because when the claim is finally settled, these
expenses will be deducted. For example, clothing and personal property receipts will be
deducted from the contents check; receipts for living expenses will be deducted from the
amount allowed for additional living expenses.
Will my homeowner’s policy pay for flood damage to my home?
Standard homeowners policies do not cover flood damage. However, if you have a flood
insurance policy, your company or the National Flood Insurance Program will assign an
adjuster to handle your claim.
If your home is not covered for flood damage, you should check with the federal agencies at
the local disaster center to see if you are eligible for federal assistance, including grants or
low-interest loans.
Will my homeowner’s policy pay for earthquake damage to my home?
If you purchased an earthquake coverage endorsement, your company will assign a
representative to evaluate your damage. If you do not have earthquake coverage, you
should check with the federal agencies at the local disaster center to see if you are eligible
for financial assistance.
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206
B: HMO Disasters
Questions and Answers
Truman Building
Phone (573) 751-4126
207
How concerned should I be about exclusions such as war or terrorism?
Most HMO’s have general exclusions in their filings regarding illness/injury resulting from
war. Usually these provisions apply whether or not war is declared. None of these
provisions exclude coverage in the event of a natural disaster. There are a few HMO’s such
as GHP and BC/BS of KC that have no such exclusionary statements in their benefit
documents.
What about other exclusions such as acts of God, government action, strikes, war, riots or
hostilities?
Some companies have statements in their provider agreements regarding the inability to
perform the obligations of the agreement for reasons beyond their control such as acts of
God, government action, strikes, riots and/or hostilities.
I understand that some companies are planning to incorporate even stronger exclusions, is
this true?
Some companies have requested statements to be included in their benefit policies that go
far beyond the normal exclusions. These exclusions include fire, explosion, strike, flood,
lockout, injunction, breakage of machinery or apparatus, or federal, state or local
governmental requirements or restrictions. This language is new and unique and has not
been approved by Missouri and plans are to challenge the request.
Do HMO’s have a contractual obligation to cover basic healthcare in the event of
natural/unnatural disasters?
HMO’s have a contractual and statutory obligation to continue to cover basic healthcare, at
least in the event of a natural disaster. That would expand to include acts of war, etc. IF in
doing so they are not risking insolvency or bankruptcy. Failure to cover basic healthcare is
grounds for revocation of an HMO’s certificate of authority under RSMo 354.470.1(3).
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C: Life and Health Disasters
Truman Building
Phone (573) 751-4126
209
Since the disaster I have not been able to locate my (father/spouse/
child) and I fear they have perished. If they have died must their life insurance company
honor the claim?
Yes. One thing to remember, however, is that life insurance policies require valid proof of
loss, usually an original death certificate, before the company is obligated to pay benefits.
This may be difficult to obtain quickly, given the circumstances of a disaster. (If
appropriate: You must be patient until the government’s infrastructure is again capable of
addressing this issue. Some insurers may offer other means which claims can be made in
such circumstances.)
My father perished in the disaster. I know he had a life insurance policy but I don’t know
what company he was insured with. What do I do?
Look through any financial records (checking accounts for example) to see if there is a
record of any repeated monthly, quarterly, semi-annual or annual payments in equal
amounts to a life insurance company. His bank may have duplicate financial records if his
were destroyed.
You could also ask his close friends and other family members if they have any idea. His
life insurance may have been through his employer. Check with his employer to see what
coverage it provided for him.
Also ask his lawyer, banker and accountant if they know of any life insurance. Find out
who sold him his car or home insurance. They may have sold him life insurance. In many
cases insurers are required by law to provide annual notices or reports to their
policyholders. Watch the mail.
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Because of this disaster I have no money or credit with which to pay my life insurance
premium. I have had the policy for quite awhile. Will it be terminated?
If it is a whole life or universal life insurance policy it may remain in force without paying
premiums for some time. Whole life policies are offered with an option that is called an
automatic premium loan provision. If that option was elected it provides for an automatic
loan against the policy cash value to pay premiums. Universal life insurance policies
deduct the cost of insurance out of the accumulation account. So long as there is enough
money in the policy’s accumulation account to pay the monthly cost of insurance the
policy will stay in force. You should contact the company as soon as you can to see how
long the policy will stay in force if you don’t pay premiums. Term insurance will typically
terminate when the premium is not paid within the grace period.
I am disabled as a result of this disaster. Will my disability insurance policy pay its
benefits even though my employer may not have paid the last premium?
Since the policy is designed to pay benefits when you are disabled there is no basis for the
insurance company to deny benefits just because of this disaster unless benefits for
disabilities resulting from this type of disaster are specifically limited or excluded in the
policy. Disability income policies are required to cover claims for disabilities originating
prior to the date of policy termination, so even if the policy terminated shortly after you
became disabled the policy must still pay its benefits for that disability.
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D: Property and Casualty Disasters
Truman Building
Phone (573) 751-4126
212
E. When Tornadoes Strike:
What To Do Regarding
Truman Building
Phone (573) 751-4126
213
Tornadoes
Tornadoes occur in all 50 states, but the Midwest and Southeast are the most vulnerable.
Tornadoes are nature’s most violent storms and in seconds, can leave an area devastated.
A tornado appears as a rotating, funnel-shaped cloud, striking the ground with whirling
winds that could approach 300 miles per hour. A tornado spins like a top and may sound
like an airplane or train. Although tornadoes normally travel for up to 10 miles before they
subside, 200-mile “tornado tracks” have been reported. Tornadoes can strike at any time of
year and often accompany hurricanes. They occur most frequently during April, May and
June.
Know the terms used to describe tornado threats:
•
A tornado watch means tornadoes, severe thunderstorms, or both, are possible. Stay
tuned to radio and television reports in your area.
•
A tornado warning means you should take shelter immediately. A tornado has been
sighted.
What to do Before a Tornado Strikes
1.
Know the locations of designated shelter areas in public facilities, such as schools,
public buildings and shopping centers.
2.
Have emergency supplies on hand.
3.
Be sure everyone in your household knows in advance where to go and what to do in
case of a tornado warning.
4.
If you live in a single-family house in a tornado-prone area, reinforce an interior
room to use as a shelter—the basement, storm cellar or a closet on the lower level of
your house.
5.
Make an inventory of your household furnishings and other possessions.
Supplement the written inventory with photographs. Keep inventories and photos in
a safe deposit box or some other safe place away from the premises.
What to do During a Tornado Watch
1.
Whenever severe thunderstorms threaten your area, listen to radio and television
newscasts for the latest information and instructions.
2.
Watch the horizon. If you see revolving funnel-shaped clouds, report them
immediately by telephone to your local police department or sheriff’s office or Dial
911. Remember that tornadoes can develop rapidly.
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What to do During a Tornado
When a tornado has been sighted, stay away from windows, doors and outside walls.
Protect your head from falling objects or flying debris. Take cover immediately, wherever
you are:
•
•
•
•
•
•
In a house or small building, go to the basement or storm cellar. If there is no
basement, go to an interior part of the structure, on the lower level (closets, interior
hallways). In either case, get under something sturdy (such as a heavy table) and stay
there until the danger has passed.
In a school, nursing home, hospital, factory or shopping center, go to pre-designated
shelter areas. Interior hallways on the lowest floor are usually safest. Stay away from
windows and open spaces. Cooperate with the staff and authorities ---- they have had
training about how to deal with emergencies.
In a high-rise building, go to small, interior rooms or hallways on the lowest floor
possible.
In a vehicle, trailer or mobile home, get out immediately and go to a more substantial
structure.
If there is no shelter nearby, lilt flat in the nearest ditch, ravine or culvert with your
hands shielding your head.
Do not attempt to flee from a tornado in a car or other vehicle. They are no match for
the swift erratic movement of these storms.
What to do After a Tornado
1.
2.
3.
4.
Use great caution when entering a building damaged from high winds.
Look out for broken glass and downed power lines.
Check for injuries. Do not attempt to move seriously injured persons unless they are
in immediate danger of death or further injury. If you must move an unconscious
person, first stabilize the neck and back, then call for help immediately.
Lightning may follow a tornado, therefore:
•
Do not stand underneath a natural lightning rod, such as a tall, isolated tree in
an open area.
•
Do not stand on a hilltop, in an open field or on the beach.
•
Avoid isolated sheds or other small structures in open areas.
•
Get away from open water.
•
Get away from tractors and other metal farm equipment.
•
Get away from motorcycles, scooters, golf carts and bicycles. Put down golf
clubs.
•
Stay away from wire fences, clotheslines, metal pipes, rails and other metallic
paths that could carry lightning to you from some distance away.
•
Put down metal tools.
•
In a forest, seek shelter in a low area under a thick growth of small trees. In open
areas, go to a low place such as a ravine or valley. Be alert for flash floods.
If you are isolated in a level field or prairie and you feel your hair stand on end (which
shows that lightning is about to strike), drop to your knees and bend forward putting your
hands on your knees. Do not lie flat on the ground.
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F. Floods Insurance Facts:
What To Do Regarding
A Question and Answer
Guide for Consumer
Truman Building
Phone (573) 751-4126
217
Dear Fellow Missourian:
The purpose of this brochure is two-fold. First, it consists of a summary of flood losses that
are generally covered by insurance and may be used as a general guide in answering
questions relating to such insurance coverage. As policies issued by different companies
vary, you should contact your insurance agent, company or my office if you have specific
questions. Secondly, it is designed to provide information regarding precautions or actions
that should assist Missouri residents in preparing for, or coping with, a flood.
Detailed problems or inquiries will need to be handled by correspondence. However, I call
your attention to our Consumer Hotline, which will enable you to call my Consumer
Services Division from anywhere in the state–toll free 1-(800) 726-7390-if you have any
questions about your insurance coverage, I urge you to take advantage of the services of
your Insurance Department.
Insurance Information
Insurance Coverages
Much of the flood damage in Missouri is not covered by insurance unless covered by the
National Flood Insurance Program.
Generally, property insurance policies, homeowners’ policies, farmowners’ policies,
dwelling fire policies, etc.) do not cover loss or damage caused by flood. Listed below are
types of policies that may provide recovery for loss or damage caused by Flood:
1.
Comprehensive Automobile Insurance: Flood damage to your automobile is covered
if you carry comprehensive coverage. If you carry collision without comprehensive
coverage, you are not covered for flood damage. Car rental reimbursement coverage
is available from most companies as an optional coverage on your auto policy. This
coverage will reimburse you for the rental of a car while your car is disabled due to a
loss such as flood.
2.
Personal Property Floater: Your scheduled items of house hold contents and
personal property may be covered, whether on or off the premises, by a personal
property floater written separately or an attachment to a homeowners’ or
farmowners’ policy. These floater policies are generally written on an “all risk” basis
that includes loss or damage by flood.
3.
Business policies: Some forms of business insurance provide coverage for loss or
damage caused by flood. Such flood coverage is generally optional and additional
premium must be paid. This coverage may be available under Motor Truck Cargo
Insurance Policies, “all risk” transportation forms, Bailees Customers Policies,
“Difference in Conditions” Policies and “all risk” Builders Risk Policies.
4.
Mobile Home Insurance: Insurance on mobile homes may be written with or without
flood coverage. If you own a mobile home, check your policy carefully and contact
your agent or the company to determine if such flood coverage is available.
5.
Watercraft Policies: Some watercraft policies (outboard, inboard, sailboats, etc.) may
provide coverage for flood losses. You should check with your agent to verify if you
have flood coverage.
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6.
Crop Insurance: Unless you are covered by an “all risk” Crop Insurance Policy
offered by the Federal Crop Insurance Corp., or unless your Crop Insurance Policy
specifies “flood” as a named peril, you will not be covered for losses to crops
occurring as a result of a flood. The vast majority of Crop Insurance Policies written
in [state] cover only damage resulting from hail, wind and fire.
7.
Flood Insurance: The federal government makes flood insurance available through
the National Flood Insurance Program to all property owners in a participating
community. Contact your agent to determine your community’s eligibility.
Note: Loss or damage occurring as a result of a flood, such as explosion, fire, theft, looting,
etc., may be covered under your existing property insurance policy. You should contact
your agent should such loss occur as a result of a flood.
Program National Flood Insurance
1.
2.
3.
Q.
What is the National Flood Insurance Program?
A.
It is a program that enables property owners to purchase flood insurance at
rates made affordable through a Federal subsidy. In return, communities
must adopt and administer local flood plain management measures aimed at
protecting lives and new construction from future flooding.
Q.
Is the program designed for individuals or communities?
A.
Both. While individuals in a participating community may obtain low cost
insurance protection against flood losses, the community assures increased,
continuous flood protection for its residents and businesses by administering
the required regulatory measures in its flood hazard areas.
Q.
When is flood insurance required by law?
A.
It must be purchased as a condition for obtaining Federal or federally related
financial assistance for construction or acquisition purposes related to
buildings in the identified special flood hazard areas of communities where
flood insurance is available.
4.
Q.
Who should I contact if financial assistance is denied because the
community is not eligible for flood insurance?
A.
The city or county governing body should be informed so they can consider
action to establish eligibility for participation in the National Flood Insurance
Program.
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5.
6.
7.
10.
Q.
Who may purchase a flood insurance policy?
A.
Any property owner whose building is located in a community that has been
approved for the sale of flood insurance under the program. The owners or
tenants of such structures may purchase contents as well as structural
coverage.
Q.
How does one obtain a flood insurance policy?
A.
After a community qualifies for the sale of flood insurance, policies may be
purchased from any property or casualty agent licensed to do business within
the State in which the property is located. Be persistent, if one agent cannot
help you, contact another.
Q.
Is there a minimum premium for flood insurance policies?
A.
Yes. $50 per year.
8.
Q.
Do flood insurance policies contain a deductible clause and if so, how
much is it and how is it applied?
A.
Flood policies have a deductible of $500 and higher deductibles are available.
The deductible is applied separately to each structure and contents coverage.
9.
Q.
Does insurance
replacement cost?
A.
Yes, but only for single family dwellings and only for those which are insured
for 80 percent of the structure’s replacement at the time of loss or to the
maximum amount of insurance available under the program, whichever is
less. In all other cases, adjustments of losses will be based on the actual cash
value of the insurable item at the time of loss. Note: The residence must be
the insured’s principle residence in order to qualify for replacement cost
coverage on building.
Q.
What types of property are eligible for flood insurance coverage?
A.
Buildings and their contents only. Virtually every type of walled and roofed
building is eligible (other than a gas or liquid storage tank), that is principally
above ground and affixed to a permanent site, as well as a mobile home on a
foundation. The contents of a fully enclosed building are also eligible.
under
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the
program
provide
coverage
at
full
Keep Records of Flood Related Expenses
Whether or not you have insurance coverage, complete records of losses and flood-related
expenses must be kept for use in making application for State or Federal aid that may
become available.
Complete records should be kept for the following:
1.
All actual losses, including furniture, clothes, paintings, artifacts, food and
equipment, regardless of your intent to replace the objects;
2.
All flood-related expenses, including the additional cost of living, if any, for
you and your family, such as motel and restaurant bills, temporary rental of
cars or home rental;
3.
Cleanup expenses, including materials, rented equipment and depreciation of
equipment purchased;
4.
Restoration expenses, including all costs to return your home to its prior
condition, including all labor and material purchased.
Completed records of objects lost should be kept. Photos of ruined homes or objects are
excellent evidence for later documentation. After completion of your list of losses, have two
or three of your neighbors sign the list as witnesses to its accuracy. Make sure they inspect
all damaged material, so that they can state they are certain of the accuracy of the list.
Make every attempt to document the value of each individual object lost, including bills of
sale, canceled checks, charge account records and prior insurance evaluations. If you have
no such records, estimate the approximate value, purchase place and date of purchase.
Include this information with your list.
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Loss To Autos (Insured)
A comprehensive automobile insurance policy covers flood damage to the insured vehicle in excess of
the deductible. Flood damage does not always mean your car is a total loss since the car can often be
returned to running condition with little major maintenance. For example, a car submerged only
below the instrument panel for a brief period is likely to be repairable.
NOTE: If your car is not obstructing traffic, do not arrange to have your car towed before
contacting your insurance agent or company for detailed instructions on what to do with
your flood damaged car. Determine whether your car should be towed to a garage for repair
and restoration and find out who should arrange for the towing.
Your comprehensive insurance will pay the expense of restoring your car to its former
condition and of protecting it from further damage. You cannot abandon the vehicle to the
insurance company. Only in certain cases of extreme flood damage will the insurance pay
the full replacement value, less depreciation, of a car of like kind and quality. Generally,
this is the retail value, which is what you would have to pay for a used car of the same
year, model and condition.
The value of any loss may be determined by starting with a point midway between the high
and low retail-selling price of your car.
The adjuster may use the National Automobile Dealers’ Association book or the “Red Book”
value, then, adjustments to this value are made based on the condition of the car and
extra features such as air conditioning and oversize engines. The mileage, tire tread, car
interior and the general condition of the car will influence the value. If you believe your car
is insured, attempt to contact your agent or company immediately and request specific
instructions on what should be done. If you cannot reach your agent or company, take the
following steps to minimize damage:
1.
Do not start or operate the automobile;
2.
Disconnect the battery;
3.
Move the car from the flooded area by towing with the drive wheels off the ground so
as to avoid operating the drive axle, motor, transmission, or any mechanical part of
the car;
4.
Dry out the interior of the car by opening all windows and doors. The interior should
be dried out as rapidly as possible to avoid molding of the fabric. Remove all seats to
avoid fading. Permit the air to get to the upholstery;
5.
Protect the paint by washing off the heavy sediment. If the sediment is not removed,
it will stain or discolor the paint as the automobile dries in the sun or heat.
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General Safety Information
Safety Precautions Before A Flood
Do not hesitate to leave your home if there is an immediate danger of flood. If danger is not
imminent, plan ahead and try to accomplish the following:
1.
In many flooded homes, the water level rises no higher than two or three feet as a
result of the flood. It is important to get things above that level.
2.
Do not try to pump the basement dry during the flood stage. Water pressure in the
surrounding soil can collapse foundation walls. Basements should be allowed to
flood to maintain pressure on foundation walls.
3.
In the event your electricity is turned off, it is wise to pull the fuses and close the
main gas valve before evacuating.
4.
Where flooding is a problem, install check valves in sewer traps to prevent
floodwater from backing up in sewer drains. often, water may pour into a basement
through sewer drains even though floodwaters never reach the foundation of a
home.
5.
When flood danger is forecast, stock your car with a supply of nonperishable food, a
first aid kit, flashlight, blankets and dry clothing, particularly extra shoes and
socks.
Remember special medications or dietary foods your family might need. Keep your
gas tank full and plan your safest route to higher ground. Avoid low-lying areas
prone to flooding.
6.
Use household bleach to sanitize your bathtub and sink. Then rinse well and fill
with clean water. Utilities may fail during a flood and a supply of water can be
valuable even if the floodwaters do not reach your home.
7.
Take action before flooding is imminent. Use a battery-powered radio to check on
the changing situation in your area.
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Safety Precautions On Entering Home
1.
Before entering a building that has been flooded, inspect for structural damage.
After the floodwaters have receded, if you have any doubts about the structural
safety of the walls or floors of a flood damaged building, call your city or county
offices to determine how an inspection of the structure can be obtained so you will
know if it is safe or not.
2.
If there’s water on the floor, or even if it is damp, do not connect electric appliances.
Make sure plugs and sockets are perfectly dry before using them. If your basement
is flooded and the electric power is on don’t go down to turn it off until the basement
is pumped. Make sure the basement is not pumped out too quickly. If it is, the
pressure of the ground around the basement could push the walls in. Before
draining flooded basements in areas with loose, heavily saturated ground, get expert
advice as premature drainage may cause collapse of foundation walls.
3.
Drinking water supplies from any source suspected of being affected by flood
conditions may be treated by the following method as an emergency measure:
A.
Bring water to a boil for ten minutes in a clean container. The flat taste of the
water can be corrected by shaking the water in a bottle or by adding a small
pinch of salt, or by pouring from one container to another. (Where water is
obtained from a public supply, you will be advised by responsible authorities
if boiling of water is considered necessary).
B.
In an emergency, limited amounts of water may be obtained by draining a hot
water tank or by melting ice cubes.
4.
Do not smoke or use any open flame until you are sure it is safe to do so. If you
have gas service, be alert for fumes. Notify your local utility if you detect any fumes.
Let the building air out for a short time before entering to remove any escaped gas or
foul odors.
5.
Be alert for holes in the floor, loose boards, hanging or loose plaster, snakes or other
hazards.
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Salvage and Loss of Flood Damaged Property
When the water recedes a layer of mud will be left that is best removed by shoveling or
scraping. The walls and floors should be hosed down to remove the remaining mud. Do not
allow the mud to dry–wash it off while still wet. To control odors and effectively clean
flooded surfaces such as walls and floors, wash them down with commercial chlorine
laundry bleach solution (two ounces of bleach to two gallons of water). If necessary, to first
remove all silt, mud and debris so the action of the chlorine bleach solution is effective.
Professional restoration, cleaning and salvage companies can provide additional
assistance. Many will offer free advice to stricken homeowners. In addition, even if your
insurance does not include flood coverage, the company can provide helpful restoration
and salvage advice through its claim adjusters and other experts.
The following information deals more specifically with particular restoration problems.
The data is the best available, but the Department of Insurance cannot guarantee it to be
correct for a particular situation. At all times use your best judgment and consult available
experts whenever possible.
1.
Appliances: Washing machines, dryers, refrigerators, air conditioners and ranges
should be washed clean and dried completely as soon as possible, as in most cases,
they will not be damaged unless they were operating at the time they became
immersed in floodwaters.
2.
Books: Place on edge, being certain that all pages are separated.
3.
Clothing: Clothes that have been covered with water should be immediately put on a
line and hosed. After mud has been removed, normal laundering and dry cleaning
should adequately take care of the clothing. If these materials have been subject to
sewage contamination, they may be further disinfected by final rinse in a chlorine
bleach solution. Care should be used in treating colored materials with chlorine
bleach solutions, as these fabrics may fade.
4.
Concrete: Wash off and give a bleach bath.
5.
Draperies: If they are completely soaked, hose down immediately. Draperies should
be taken to professional cleaners. Request that the cleaner guarantee, or at least
estimate the final condition of the curtains.
6.
Electric Motors: Electric motors such as heater, washing machine, dryer,
refrigerator, fans, air conditioner and compressors should be unplugged before any
cleanup is attempted. Sealed motor units require little service after submersion,
except they should be quickly cleaned, dried and oiled at lubrication points.
Unsealed motors should be rinsed with clear water under low pressure, while being
turned over slowly by hand. A large fan or reasonable heat source should be used to
dry the motors as quickly as possible. Wipe dry electrical connections or metals that
are beginning to corrode. After the entire unit has thoroughly dried, lubricate lightly
and plug in. Once the motor is naming, leave it on for a period of time so that its
own heat will provide thorough drying. An electric motor may be baked at
temperatures of 100-150 degrees in a regular oven. A hair dryer can be used to dry
electric outlets and other electrical devices.
225
7.
Fixtures: Fixtures may often hold water. Inspect and empty out water. Allow drying
thoroughly before using.
8.
Food: Open food and vegetables exposed to floodwaters should be destroyed.
Undamaged canned or preserved foods may be used if the outside of the containers
has been washed with a laundry bleach solution. Food requiring refrigeration should
not be used if the refrigeration equipment has not been operating for more than six
hours. Frozen foods thawed because of power failure must not be refrozen and
should not be used if thawed for more than four hours. Food utensils and
equipment subject to floodwaters should be thoroughly washed and sterilized before
using. Sterilize items by boiling or by immersion in a chlorine bleach solution. Food
in bottles, boxes or plastic containers should be discarded.
9.
Furniture: Upholstered furniture, automobile upholstering and other household
articles should be thoroughly washed with soap and water and exposed to sun and
air until thoroughly dry. Wood furniture that is glued together will usually come
apart, as glue is water-soluble. Similarly, you can expect wood veneers to separate
and warp as the glue dissolves. Furniture that is screwed or nailed together may be
salvaged, if warping does not occur. Wash thoroughly with upholstery shampoo and
wipe down. Allow drying with full ventilation.
10.
Grass, Trees, Shrubbery: They often return to normal after submersion for several
days. If trees or shrubs have been damaged, they should be supported by wood
stakes, etc.
11.
Hardwood Floors: Scrape off mud and hose clean. Usually wood floors will buckle
and warp and must be replaced. If buckling is not severe, sanding may be sufficient.
Do not dry floors rapidly-allow to air dry. Do not sand raised edges, as good wood
flooring will dry out to its original condition in four to five months.
12.
Magazines: Usually a total loss. If a magazine is particularly valuable, an attempt
may be made to take it apart page-by-page, spreading pages out to dry in a
ventilated area.
13.
Paintings: If painting is particularly valuable, take it to a professional restorer.
Paintings may be wiped with a mild soap solution and soft cloth. Charcoals, prints
or pastels may be dried flat on a Turkish towel or other absorbent material. Oils may
be gently hosed.
14.
Plaster Walls and Ceilings: Allow to dry. Heat the rooms if possible. Wash down with
chlorine bleach solution. Plaster ceilings may contain water deposits behind the
plaster that will cause sagging and eventual dropping. If you suspect there are
deposits of water in the ceiling, remove the light fixtures being certain the electricity
is not on. Water should then drain through fixture hole. If there is no fixture or
drainage is otherwise complete, drill several small holes in the ceiling to allow
further drainage.
15.
Records: Immediately take records out of album covers. Wipe dry with a very soft
cloth. If dirty, use very mild soap or special record cleaner. Store records upright to
prevent warping. Do not expose to temperature changes that will cause warpage.
226
16.
Refuse: All deposited refuse from floodwater should be covered with at least two feet
of earth by the sanitary landfill method of disposal to eliminate insect and rodent
control problems.
17.
Rugs: Throw or area rugs should be immediately hosed down and place outside to
dry. Wall-to-wall rugs should be scraped clean of mud and rinsed off. If a wall-towall rug has been laid on concrete, you may attempt to dry it with a commercial
power vacuum used to absorb water from rugs. If the rug has been laid on a wood or
other type floor subject to water damage, the rug may be pulled up. If the backing
for the rug is waffle-type material, that backing may be washed and dried and will
probably be serviceable. If the backing is the fiber type, it is most likely ruined. Rugs
pulled up will shrink and not fit the floors where they were previously placed. Little
can be done to prevent such shrinkage particularly valuable, call a professional rug
cleaner for their advice and cost of servicing. In some case, it may be desirable to
leave the rug on its base. Professional advice should be sought.
18.
Television, High Fidelity Equipment, Etc.: If the equipment was completely covered
by water, hose down to clean and thoroughly wipe off electrical connections that are
easily accessible, being careful not to cause breakage. Dry as quickly as possible. Do
not attempt to operate the equipment until is completely dry. If it still does not work
after being thoroughly dried, consult a repairman.
19.
Tiles: If tiles are waterproof and have been laid with waterproof glue, they should not
be injured by submersion. If water-soluble glue was used, the tile will come up soon
after the floodwaters subside. If tile is laid on masonite or wood floors, the floor
under the tiles may buckle, causing the tiles to come loose. Ceramic tiles should be
unaffected but wall behind tiles may buckle or warp, causing tiles to come loose.
227
Loss To Autos (Uninsured)
If you find your car is not insured, the following guide may help to restore the car at
minimum cost. The Department of Insurance has relied on the best available data and
cannot guarantee it to be correct for a specific situation. The inspection of the automobile
will reveal the height the water reached on the car. The submerged areas should be
serviced as soon as possible. Listed below are recommended service procedures.
1.
Body Cleaning: Exterior cleaning should be done as quickly as possible to remove
heavy sediment accumulations on the paint surface. Sediment remaining for a
prolonged period will stain the paint. Drying mats or seats on the top, hood, or rear
deck should not be allowed. Staining or bleaching of the paint will result.
2.
Interior: The mats, carpets, seat covers, seats and cushions should be removed from
the car and given a thorough washing with a low-pressure hose. All body trims such
as door trim panels, head lining, rear quarter trim panels and parcel shelf panels
should be left in place. Cowl panels consisting of single thickness cardboard may be
removed and replaced at once if not badly warped.
A low pressure, high volume water hose should be used to wash the interior of the
car. The rain drain opening in the bottom of the doors and quarter panels should be
kept open and water flooded past the door glass. This will thoroughly clean the inner
door and quarter panels.
Use a high suds detergent and a soft bristled brush and again wash all upholstery
seat cushions on both inner and outer surfaces where they can be reached. Allow
drying thoroughly before replacing.
If panels are warped, remove the panels, reverse trim to the other side of the panel
and install the panels on the opposite side from where they were originally installed.
Plastic upholstery should be washed and if additional cleaning is required, use one
of many plastic cleaners.
3.
Motor Submerged: If the motor was submerged, remove all spark plugs, drain the
motor oil, transmission fluid and rear differential grease; then turn the motor over
by hand to force the water from the cylinders.
Place each piston on top dead center and blow compressed air into the cylinder
through the spark plug hole to dry and clean the cylinder.
Place about 1/8 of a pint of oil in each cylinder and again turn the motor over slowly by
hand.
4.
Water In Crank Case: Draining and flushing of the oil is usually ample protection. If
there is considerable sediment in the oil pan, the pan should be removed and the
pan and screen should be cleaned.
5.
Motor Top: With each piston on top dead center, blow compressed air into spark
plug hole to blow out any sediment or dirt. Flush valve and pushrod assemblies.
Blow out intake manifold.
6.
Carburetor: The carburetor need only be cleaned.
228
7.
Transmissions, Standard: Is necessary is to drain, flush and refill.
8.
Transmissions, Automatic: Drain, remove pan and clean screen if test shows
presence of water. Remove torque converter, lower cover and clean if sediment is
present.
9.
Overdrive: Drain and flush.
10.
Clutch, Standard Drive: In heavy sedimentation, the clutch lower pan should be
removed and cleaned. Water can be used to wash up into the clutch assembly.
11.
Brakes, Master Cylinder: Master cylinder should be removed, the reservoir emptied,
cleaned and replaced. No other cleaning action is necessary on the hydraulic
system, since all lines are full of fluid.
12.
Power Brakes: The vacuum cylinder of a power brake has a filter over the breather
hole into the cylinder. This filter should be removed and cleaned and replaced and
the water drained from the power brake cylinder. The master reservoir should also
be drained and flushed.
13.
Brake Drums: The brake drums should be wired or blown clean and the front
wheels repacked. If very heavy accumulation of sediment, remove and clean rear
brake drums.
14.
Power Steering: The steering fluid reservoir has a small breather hole in the filler
cap. The reservoir should be drained and cleaned.
15.
Steering Gear, Housing: Remove the filler plugs, force water out by forcing grease in.
Removal is not necessary.
16.
Rear Axle: Remove the gas plug. If water is present, drain and flush the unit with
kerosene. No further work is necessary since the vital parts within the unit would be
protected by the lubricant that floats to the top. The water will be only in the
bottom.
17.
Radiator: In heavy sedimentation the air passages of the radiator core may become
plugged with sediment. The air passages should be blown or washed out. The fluid
in the cooling system is sealed and is not affected by floodwater or sediment.
18.
Exhaust System: Remove any sediment that has accumulated and blocked the clear
portion of the tail pipe. Little or no sediment will get into the forward part of the tail
pipe because the air pressure within the system will keep most of the water out. The
operation of the motor will blow out any remaining sediment.
19.
Air Conditioning: The air conditioning unit is a sealed unit; but can accumulate
sediment in the condenser unit air passages. The condenser is located in front of the
radiator and has the appearance of a radiator. The evaporator unit on the dash is a
radiator-type unit. Removal of the blower unit permits inspection for clogging of the
air passages. Wash air passages and clear if blocked by sediment. The blower motor
may be washed and blown dry. The magnetic clutch should be tested after the car is
started. If it does not release, remove, clean, and replace.
229
20.
Generator: All that is necessary is to remove the generator, flush it with water, dry
with air pressure; if possible, lubricate, and replace.
21.
Spark Plugs: Spark plugs that have been submerged need only to be dried.
22.
Ignition Coil: This unit is completely sealed and waterproofed. Wash and dry the
unit.
23.
Distributor: Should be removed, disassembled, washed, dried, lubricated, and
replaced. If it is removed, the motor will need to be timed. The condenser in the
distributor may accumulate sediment and should be replaced.
24.
Voltage Controls: Re-move cover and blow dry with air pressure. Also clean the
contact points. Damage results only when electric circuits are used or car is started
before cleaning and drying.
25.
Wiring: The wiring will not be damaged by floodwaters. Allow the wiring to dry.
26.
Battery: Because of the small holes in the cap of a battery and the small amount of
water necessary to completely fill the battery with water, there will seldom be any
damage to the battery.
27.
Starter: The starter should be removed, disassembled, washed with water, dried
with compressed air, and replaced.
28.
Solenoids: These are sealed units and require no service except exterior cleaning,
unless trouble develops in starting the car.
29.
Switches: Replace only if they do not operate.
30.
Tail, Back-Up Directional, Stop and Dome Lights: Remove lenses, clean reflectors
and replace.
31.
Radio: Remove, dry, and clean with air if possible. You may wish to send it to a radio
shop for professional repair.
32.
Heater Motor: Remove, wash, dry and replace if they do not operate. Examine heater
core air passages for sediment. Blow out with air or wash out.
33.
Electric Wipers: Motor may need washing with water and dried.
34.
Vacuum Wipers: This unit is vacuum tight. Slight sedimentation could occur in the
valve or gearing, but not internally in the vacuum unit.
35.
Horns: It is seldom that any sediment will accumulate within the unit because of the
back pressure. If in doubt, the cover should be removed and air applied to the
motor.
36.
Instruments: Remove, dry, clean and replace.
230
37.
Gasoline Tanks: A small atmospheric equaling hole is in the cap or on the top of all
gasoline tanks. If the removal of the bottom plug reveals water, drain and flush the
tank.
38.
Speedometer: Remove, disassemble and blow clean with air. Lubricate and replace.
Lubricate speedometer cable.
39.
Deodorizing: Deodorizing should generally not be necessary. Any deodorizing work
should be delayed until such time as the upholstery is entirely dry. There are
companies that specialize in deodorizing work, but in most instances such work can
be properly performed through the use of deodorizing bombs. In severe cases the
doors and windows should be closed and sulfur candles allowed to burn within the
car for twelve or more hours.
40.
Lubrication: All units from which the lubricant has been drained should be
lubricated and the chassis should be lubricated after washing the under part of the
car.
231
Question and Answer:
How do I contact FEMA? 1-(800) 462-9029
(hearing/speaking impaired 1-(800) 462-7585)
How soon will FEMA arrive?
It depends on the order in which FEMA receives the application.
Once you have applied and 4 or 5 days have passed without a representative of FEMA
contacting you, then call 1-(800) 525-0321 (hearing/speaking impaired 1-(800) 600-8005).
Should I remove flooded carpet or make repairs before an adjuster comes?
Because of the pollutants in the water, it is advisable to remove carpet as soon as possible.
However, take pictures for documentation for the insurance company before removing
anything nor making the repairs. It is recommended that you wear protective gear and
wash hands frequently to remove pollutants.
If you have a flooded basement, Do Not pump out the inside faster than the ground water
drops or you run the risk of collapse of the basement wall.
Contact Information:
National Flood Insurance questions 1-(800) 462-4661
Federal Emergency Management Agency (FEMA) 1-(800) 462-9029 (hearing/speaking
impaired 1-(800) 462-7585)
Missouri Department of Insurance 1-(800) SCOTT-LAKIN Federal Emergency Management
Agency (FEMA) www.fema.gov/nfip
National Electrical Manufacturers Association www.nema.org
232
G. When Earthquakes Strike:
What To Do After An
Truman Building
Phone (573) 751-4126
233
Earthquakes
Be prepared for aftershocks
Aftershocks often occur after an earthquake.
Unlike natural disasters, such as floods and windstorms, earthquakes are not predictable.
No advance warning can be given.
However, it is possible for households to make some advance preparations to minimize the
impact of an earthquake. This information outlines some actions recommended by most
authorities and describes generally how earthquake insurance works.
Before An Earthquake Hits...
Have a family emergency plan and be sure that at least one family member has first-aid
training.
If you live in a private house, verify that it is properly tied to the foundation. Extensive
damage is often done to home that shift and slide on the foundation during an earthquake.
A contractor can advise you about this and suggest whether lateral bracing of the house
walls is necessary.
Be sure that water heaters and other gas appliances are properly bolted down or supported
on the floor or wall.
Maintain fresh batteries in a portable radio and have at least one flashlight in good
working order.
When An Earthquake Hits...
If you are inside a building, stay there. Stand in a doorway or get under a heavy table or
desk. Stay away from windows or other glass that might shatter. In a large store or other
public place, most people will race to get out, which means that the door ways will
probably be blocked. Don’t be part of the jam, follow the pre ceding instructions.
If you are outside, try to get into an open space, away from buildings that might have
falling glass, cornices, or chimneys.
Keep clear of power lines.
If you are in a car, stop as soon as you safely can and stay inside it. If possible, try to get to
the floor, under the dashboard.
234
After the Earthquake Shocks ...
When the earthquake shocks (tremors) are over, some active perils may still occur. For
example, broken gas lines or appliances may cause fires and ruptured water lines can
cause extensive damage.
Authorities recommend:
First check those with you for injuries. Start first aid immediately if necessary. Listen to
your battery-operated radio for emergency instructions.
Check utility lines and appliances for damage. If you smell gas, open the windows and turn
off the main gas valve. Do not turn on electric lights or appliances until the gas has
dissipated (they can cause sparks that might ignite the gas). If electric wires are shorting
out, turn off the power. Check chimneys for cracks or other damage before using them.
Stay off the telephone, except to report emergencies. It is not necessary to report an
earthquake to the police nor advisable to ask them for details about it.
Do not spread rumors or go sightseeing. Stay away from beach areas because of the danger
of possible large seismic sea waves.
Tips to facilitate settlements of earthquake claims
After the initial earthquake shocks have died away, residents in the areas whose homes
have suffered earthquake damage must begin the task of putting their lives together and
property back together. The following guidelines should assist homeowners in this process.
If your property has been damaged as a result of an earthquake, do whatever is necessary
to prevent further damage, including boarding up your home to prevent looting. Obtain
estimates covering repairs to structural damage. Prepare an inventory of damaged personal
items. Include a description of each item and its value. Attach bills, receipts, and other
documentation that substantiates your figures. In addition, keep careful records of any
additional living expenses you incur if you have to find other accommodations while your
house is being repaired.
Once your insurance company has determined that your loss was covered, it probably will
assign an adjuster to verify your claim and determine the amount of the loss. Most claims
are settled promptly, but some may require investigation, often because of the extent of the
loss or because its cause is unclear.
As with all types of insurance, the best advice is to understand your policy and be sure you
have the proper coverage before an accident or disaster occurs.
235
236
H. When Terrorism/War Strikes:
What To Do After An
Truman Building
Phone (573) 751-4126
237
Terrorist Incident Response Plan
Terrorism is defined as “the unlawful use of force or violence against persons or property to
intimidate or coerce a government, the civilian population, or any segment thereof, in
furtherance of political or social objectives.”
Missouri’s targets include the numerous federal and state facilities (military installations,
courthouses, prisons, office buildings), religious, educational, business and manufacturing
centers, as well as airports, railroads, pipelines, power plants and public utilities.
Law enforcement officials have identified a significant number of extremist groups
operating in the state. Also, national and international terrorist organizations could target
sites in Missouri.
Terrorism comes in many forms. Among these are bombings, arson, infrastructure attack
(water, electric, gas, or telecommunications systems), mass shootings, cyberspace
failure/disruption, transportation attack (hijacking, bombing, sabotage), and common law
courts. These forms of terrorism can be further enhanced through the use of weapons of
mass destruction (WMD), which include nuclear, biological, or chemical (NBC) materials.
The Presidential Decision Directive 39 (PDD-39), which was signed after the Oklahoma
bombing, establishes policy to reduce the United States’ vulnerability to terrorism, deter
and respond to terrorism, and strengthen capabilities to detect, prevent, defeat, and
manage the consequences of terrorism. New terms have evolved from this: Crisis
Management and Consequence Management.
Crisis Management
Crisis management includes those measures used to identify, acquire, and plan the use of
resources needed to anticipate, prevent, and/or resolve a threat or act of terrorism. State
and local governments will assist the federal government in this goal. This is primarily a
law enforcement effort headed by the FBI.
Consequence Management
Consequence management includes those measures that protect public health and safety,
restore essential government services, and provide emergency relief to governments,
businesses, and individuals affected by the consequences of terrorism. Consequence
management is generally a multifunction response coordinated by emergency
management, with assistance from other functional coordinators within the state agencies.
Once a terrorism incident is suspected, law enforcement officials will request assistance
from the FBI, who will then ask state and local law enforcement agencies to provide
representatives.
See Appendix G – State of Missouri Terrorist Incident Response Plan for more details
238
Press Release Examples
of
Floods/Tornadoes
and Disaster
Tips and Hints
239
Sample
Missouri Department of Insurance PRESS RELEASE
Contacts: Public Information Officer
Example!!!
Start of Flood/Tornado Season: Update to match current season’s predictions
Insurance Director Lakin Says Take Precautions Now
JEFFERSON CITY — Tornado Season begins in the fall, and despite calling for a normal
season, forecasters caution residents about becoming too complacent about potential
storms. Missouri Insurance Director Scott Lakin reminds citizens that it’s never too early
to prepare for the worst.
The lesson we should learn from past disasters is that taking precautions well before the
threat of a major storm is a necessity. Missourians should review their policies and speak
with their insurance agents about their coverage.
Director Lakin and the Missouri Department of Insurance suggest that Missourians
remember the following storm preparation tips so they may minimize their property losses:
•
Homeowners should review their insurance policies with their agents. Most standard
homeowners policies do not cover flood damage, and some policies in coastal areas may
not cover windstorm damage. Don’t wait until the storm is approaching to upgrade your
coverage.
•
Flood insurance can be obtained by qualifying property owners by contacting your local
agent or through the National Flood Insurance program. Call (800) 638-6620 for more
information.
•
Residents living in rental property should consider purchasing renter’s insurance to
cover losses of personal property within the rental unit.
•
Property owners should consider what amount of coverage they need based on two
possible values—replacement value or actual cash value. Replacement value is the
amount needed to rebuild the home or to repair damages with materials of similar kind
and quality, without deducting for depreciation. Depreciation is the decrease in home or
property value due to age or wear since the time it was built or purchased. Actual cash
value is the amount it would take to repair damage to the home after depreciation. Most
standard homeowners’ policies cover the contents of a home based on actual cash
value, but many insurers offer an option to cover your property at replacement cost.
The premium may be slightly higher with this option, but you may want to consider the
extra coverage.
•
Make a list of your belongings and take pictures or videotape them. Include a close-up
shot of the day’s newspaper to provide the date. Keep your inventory list along with
purchase receipts, pictures and your insurance policy in a safe-deposit box or other
safe place away from your home. If you are forced to evacuate, take a copy of your
policy with you.
240
In the event of a storm, take action to protect your property — cover your windows with
storm shutters, siding or plywood. Move vehicles into garages when possible, or park them
near your home and away from trees. Grills, patio furniture and potted plants should be
moved into the house or garage. Loose objects in your yard can become missiles, so tie
down anything you cannot bring indoors.
Additional tips for hurricane and storm preparation are also available online at the
Department of Insurance’s Web site, http://insurance.state.mo.us.
Consumer Services Division of the Department of Insurance toll-free at (800) 726-7390.
241
Sample
Example!!!
Lakin Urges Citizens to Prepare Property
JEFFERSON CITY — It is important to document your property and possessions in order
to protect yourself. Keep the inventory, which includes receipts, pictures, videotapes, etc.
in a safe deposit box or another safe place away from home.
Before a storm hits:
• Make a list of your belongings and record them on film through still photos or
videotape. Include a close-up shot of the day’s newspaper. Keep this list in a safe place
away from your home.
• If you are forced to evacuate, take copies of your insurance policy and your inventory
list with you.
• Take action to protect your property; cover your windows with storm shutters, siding or
plywood.
• Move vehicles into garages, if possible; otherwise park them near your home and away
from trees.
• Move grills, patio furniture and potted plants into the house or garage.
• Clear your yard of loose objects that can become missiles. Tie down anything you can’t
bring in.
After a storm hits:
• Contact your insurance agent as quickly as possible and ask for instructions on what
to do until your adjuster arrives.
• Begin preparing an inventory of personal property damaged or destroyed and take
pictures of the damaged property.
• Protect your property from further damage. Your reasonable expenses to protect your
property are part of the loss and are generally reimbursed by insurance companies.
Keep all receipts.
• Do not have permanent repairs made until your insurance company has inspected the
property and you have reached an agreement on the cost of repairs.
• If necessary, rent temporary shelter. If your home is uninhabitable, most homeowners’
policies pay additional living expenses while your property is being repaired. Before
renting temporary shelter, check with your insurance company or agent to determine
what expenses will be reimbursed.
Consumer Services Division of the Missouri Department of Insurance at (800) 726-7390.
You can also request free copies of the Consumers Guide to Homeowners Insurance.
242
Examples of
Flood
Press Releases
243
Example!!!
Suggested Flood Release
Safety Tips for Flood Victims Returning to Their Homes
JEFFERSON CITY — The Federal Emergency Management Agency offer the following tips:
• Do Not Walk Through Flowing Water—Drowning is the number one cause of flood deaths. Most of
these drownings occur during flash floods. Six inches of swiftly moving water can knock you off your
feet. Use a pole or stick to make sure that the ground is still there while walking through a flooded
area, even where the water is not flowing.
• Do Not Drive Through A Flooded Area —More people drown in their cars than anywhere else. Don’t
drive around road barriers; they are there for a reason. The road or bridge may be washed out.
• Stay Away From Power Lines And Electrical Wires—Electrocution is also a major killer in floods.
Electrical current can travel through water. Report downed power lines to your utility company or
local emergency manager.
• Check For Structual Damage Before Entering Your Home—Don’t go in if there is any chance of the
building collapsing.
• Turn Off Your Electricity When You Return Home—If you did not turn your electricity off when
you left home before or during the flood, do so immediately upon returning home. Some appliances,
such as television sets, can shock you even after they have been unplugged. Don’t use appliances or
motors that have gotten wet until they have been taken apart, cleaned and dried. Keep power off
until an electrician has inspected your system for safety.
• Watch For Animals, Especially Snakes—Small wild animals that have been flooded out of their
homes may seek shelter in yours. Use a pole or stick to poke and turn items over and scare away
small creatures.
• Be Cautious Of Drinking Water From Your Local Supply—Many local water supplies will be
contaminated following a flood. Drink bottled water whenever possible until local authorities proclaim
water in your area safe to drink. If you must drink water from the tap, boil it for at least five (5)
minutes before drinking it or using it for food preparation.
• Look Before You Step—After a flood, the ground and floors are covered with debris, including
broken glass and nails. Floors and stairs that have been covered with mud can be very slippery.
• Be Alert For Gas Leaks—Use a flashlight to inspect for damage. Do not smoke or use candles,
lanterns or open flames unless you are sure that the gas has been turned off and the area has been
aired out. Do not switch lights on as switches inside the home can spark.
• Carbon Monoxide Exhaust Kills—Use generators or other gasoline-powered machines outdoors only.
The same goes for camping stoves. Fumes from charcoal are especially deadly; cook with charcoal
outdoors also.
• Clean Everything That Got Wet – Floodwaters have picked up sewage and chemicals from roads,
farms, factories and storage buildings. Spoiled food and flooded cosmetics and medicines are health
hazards. When in doubt, throw it out.
• Do Not Save Ruined Items For Inspectors Or Adjusters—Mud and mold left behind by floodwaters
may be health hazards. Take photographs, videotape or compile a list of itemized losses, but Get Rid
of the ruined items as soon as possible.
• Take Steps To Reduce Your Risk In The Future—Make sure to follow local building codes and
ordinances when rebuilding and use flood-resistant materials and techniques to protect yourself and
your property from future flood damage. Also, if you do not presently have flood insurance,
contact your local agent to purchase coverage. There is a 30-day waiting period before
coverage takes effect.
• Be Prepared For A Rough Time—Recovering from a flood is a big job. It is wearing on both the body
and the spirit. The after-effects of a disaster on you and your family may last a long time. Consult a
health professional on how to recognize and care for anxiety, stress and fatigue.
Flood victims who have flood insurance are encouraged to contact the insurance agent or company you
purchased the policy through as quickly as possible to file a claim.
Specific questions about flood insurance should be directed to the National Flood Insurance Program’s
hotline at 1-(800) 427-4661.
244
Example!!!!
Suggested Flood Release
Director Lakin Calls on Insurance Companies
Citizens in Need of Assistance
•
Insurance Director Scott Lakin has requested that all licensed insurance companies
allow customers affected by the floods additional time to make premium payments. This
deferral is for any payment coming due the end of September, interest free, for up to 60
days from the original premium due date.
•
Director Lakin has also reminded health maintenance organizations and other licensed
insurers with network benefit plans to maintain expedient access to medical care and
services. Missouri law requires companies to cover services provided by out-of-network
providers, at in-network benefit levels, when providers are not reasonably available.
•
The Consumer Services Division of the Missouri Department of Insurance has placed
information in the local DRC’s instructing consumers how to get in touch with the
Department with their questions and/or complaints. Specialists can be reached by
dialing toll free (800) 726-7390, or writing to:
Consumer Services Division
301 W. High, 530 Truman Building
Consumers with questions or complaints about flood insurance purchased through the
National Flood Insurance Program (NFIP) should call the NFIP at 1-(800) 462-9029.
245
Suggested Earthquake Release
Tips On Earthquake Preparedness For Homeowners
Example!!
Who should know about earthquake preparedness? All homeowners throughout the state
should, according to Missouri Insurance Director Scott Lakin.
With a variety of predictions of a major quake along the New Madrid Fault line, residents
throughout the state are interested in protecting themselves, their families and their
homes-if and when-such a quake should occur.
In the event of a major quake, the Department’s Hotline will become the communications
center for news media throughout the state with two special phone lines in operation. The
Hotline will also become the emergency center for consumers seeking earthquake
insurance information.
Two emergency numbers should be kept in mind. For news media the number is (800)
726-7390. Consumers who need information concerning earthquake insurance coverage,
or any insurance questions should call: (800) 726-7390.
Whether the prediction of a major earthquake occurs or not, and most experts agree it is
impossible to predict the exact date of such an occurrence, the Department of Insurance
believes now is the time to inform the public as fully as possible.
Director Lakin recommends that all residents:
•
•
•
•
•
•
•
•
•
•
Have a family emergency plan and be sure at least one family member has first-aid
training.
Bolt down water heaters and strap them securely to a wall.
Is your frame home bolted to the foundation? It should be. Some walls may need
additional bracing. Check with your local building department, contractor or architect.
Chimneys and roofs should be well supported and in good condition. Attach plywood to
joists above a ceiling near a brick chimney to stop bricks from tumbling down as they
shake loose.
Tall furniture (entertainment centers for example) should be bolted or attached to the
wall. Mirrors, picture frames, hanging plants and lamps should be as securely attached
as possible. Position beds away from glass or hanging objects.
Use latches (child proof ones are good) to prevent cabinet doors from swinging open.
Have flexible connectors for gas supply to gas-fueled appliances.
Have responsible family members learn how to turn off gas, water and electricity. There
is an automatic earthquake actuated gas shutoff valve on the market.
Remove trees that are leaning toward your home or are weakened by rot. Remove limbs
that are dead or diseased.
Maintain fresh batteries in a radio and flashlight. Your radio will be able to alert you to
emergency instructions.
246
After a quake hits do the following:
• Bring all to a safe place and look for anyone missing in places where they could be
trapped. Attend to injuries. A simple first aid kit kept in the home is a wise idea for any
emergency situation
• If your home is heavily damaged collect food, water, medicines, clothing and sleeping
necessities and remove people to a safe place outdoors.
• Check all utilities: gas, electricity, water. Turn off main gas valve and open windows if
there is a gas leak. And, don’t turn on lights. Turn off all appliances that were in
operation when the quake hit.
• If possible clean up dangerous spills such as flammable liquids or medicines.
• Check to see if sewage lines are intact and working before permitting continued
flushing of toilets.
• Stay off the telephone except to report emergencies or contact your insurance agent.
• Make a list of damaged or destroyed property and contact your insurance agent as soon
as possible.
• Avoid hasty repairs. Check the credentials of contractors with your agent or the better
business organization in your area.
• Be prepared for aftershocks that are common after earthquakes.
When an earthquake is in progress Towers said that if people are indoors-stay there.
Individuals should seek cover under a heavy desk or table in an interior doorway. Stay
away from windows and do not go to a basement as is suggested in tornado warnings.
If outdoors, don’t seek shelter in a building—look for open spaces. Also, avoid being close
to buildings, chimneys, overhead wires, poles and other objects that might fall. If you are
in a car, pull over and turn on your radio and try if possible to get under a dashboard.
Avoid bridges and overpasses.
For additional tips on earthquake preparedness contact your Department of Insurance at
(800) 726-7390.
247
Suggested After Earthquake Release
Earthquake Insurance: Designed For The Big Losses
Earthquake insurance is catastrophic coverage. It is not intended to pay for small, relatively
inexpensive losses.
The purchase of earthquake insurance should be made to protect homeowners against great
financial disaster as the result of a major earthquake.
According to the Missouri Department of Insurance, in order to have coverage, an earthquake rider
or endorsement must be added to a general homeowners policy. Earthquake insurance cannot be
purchased as a separate policy. The earthquake coverage endorsement can also be added to a fire or
property insurance policy. Towers advises consumers to check with their agent or company for
specific details on earthquake coverage, but offered this additional information:
•
Earthquake Endorsements -These add coverage for earthquake to an existing homeowners,
property or fire policy. The cost may vary from company to company.
The closer your home is to an earthquake fault line the higher the cost of insurance coverage. Other
criteria used include whether the house is made of brick or wood, and the amount of coverage you
choose to purchase.
•
Deductibles–Earthquake coverage is usually written with a deductible of 2 or 5 percent on the
amount of coverage purchased, unlike a typical homeowners policy, which has a fixed dollar
amount as the deductible. This percentage deduction keeps the coverage within reach of the
average property owner.
The deductible applies separately to the building and household belongings such as furniture,
appliances, clothes, etc. As an example, if an earthquake damaged a home insured for $50,000 on
the structure and $25,000 on household belongings with a 5 percent deductible, the homeowner
would bear $2,500 of the damage to the building. The homeowner would also bear $1,250 of the
damage to furniture, clothes and other contents. Earthquake insurance would pay the remainder up
to the amount of coverage bought–$50,000 on the home, and $25,000 on the contents.
•
Apartment Renters—Earthquake insurance may be added to the renter’s existing fire or
apartment renters insurance package. This coverage applies to damage to household belongings
only because the renter does not own the building. Cost varies from zone to zone also depending
on construction of the apartment building. The deductible applies as it does to earthquake
insurance in the homeowners’ package.
•
Mobile Homes—Earthquake insurance is automatically included in some mobile homeowners
insurance package policies and may be added as an optional endorsement in others. The
deductible may be a fixed dollar amount or a percentage.
The Department of Insurance also advises homeowners and apartment, condo and mobile home
dwellers to document the contents either with written list or videotape. Place this information in a
metal box, in a bank safety box or with a neighbor or relative. This record will help to speed up any
claims after a disaster such as an earthquake.
The Department of Insurance’s Hotline will become the earthquake insurance consumer Hotline if a
catastrophic earthquake occurs. The number for the Hotline for earthquake insurance information
or for general insurance information is (800) 726-7390.
248
After The Earthquake:
Preventing Further Damage And Filing Claim
Example!!!
If a major earthquake were to strike, residents in the areas whose homes have suffered
earthquake damage will need to begin the task of putting their lives and property back
together–as soon as possible.
Homeowners with earthquake coverage as a rider to their homeowners policy, who have
documented their home and its household belongings with either a written document or
videotape will have an advantage. Keeping records, along with receipts, in a safe place such as
a metal box, a safety deposit box or with a relative or friend will certainly help those
homeowners when filing a claim.
The Missouri Department of Insurance offers the following guidelines to assist homeowners in
the claims process:
•
If your property has been damaged as a result of the earthquake, do whatever is necessary
to prevent further damage, including boarding up your home to prevent looting.
•
Review your homeowner’s insurance policy to determine if you have added the earthquake
endorsement or rider for coverage for earthquake damage.
•
Contact your agent, broker or insurance company representative if you have any questions
regarding coverage. In addition, he or she can tell you what your deductibles are, what
procedures to follow and what forms or documents you will need to support your claim.
•
Obtain estimates covering repairs to structural damage.
•
Prepare an inventory of damaged personal items. Include a description of each item and its
value. Attach bills, receipts and other documentation that substantiate your figures. Be
sure to keep careful records, including receipts of any additional living expenses you incur if
you have to fine other accommodations while your house is being repaired.
Once your insurance company has determined your loss is covered, an adjuster will be
assigned to verify your claim and determine the amount of the loss. Most claims are settled
promptly, but some require prolonged investigation, often because of the extent of the loss or
because its cause is unclear.
As with all types of insurance, the best advice is to understand your policy and be sure you
have the proper coverage before an accident or disaster occurs. The State Insurance
Department suggests that you consult your insurance company or your agent about
earthquake coverage or about any portion of your homeowners policy that you have questions
about.
The Department of Insurance Hotline will become the earthquake insurance consumer Hotline
if a catastrophic earthquake occurs. The number for the Hotline for earthquake information or
for general insurance information is (800) 726-7390.
249
250
Appendix 7: Data Reporting
Revised as of 07/31/02
Section 24
Special And Customized State Data Requests (“Special Calls”)
24.1 Introduction
States sometimes will have questions that insurance data may be able to answer, but that
are not answered by the standard reports described in other sections of the Statistical
Handbook. Sometimes answers can be provided by the creation of a customized report
generated from data already collected by statistical agents. Sometimes, however, the only
way that these questions can be answered is to ask insurers to make special data
submissions to produce the report that is needed. These special data submissions,
commonly referred to as “special calls” by those who deal with insurance statistics, are
often expensive and difficult for insurers to provide.
Clearly, if the information that a regulator requires can be provided as a customized report using data
already in the possession of statistical agents, then this will be the quickest and least expensive course
of action. This section will not go into the endless variety of custom reports that can be generated by
statistical agents; rather, it strongly recommends that states in need of a nonstandard report first
review the applicable sections of the Handbook and/or contact their statistical agents to see if the
report can be provided from information that is already in the possession of statistical agents.
The Special Calls Technical Assistance Group (SCTAG) referenced in subsection 24.2 will
help states determine whether statistical agents already have the data that will enable
them to produce a report that meets a regulator’s needs. The purpose of this section and of
the SCTAG are to assist in addressing those situations where statistical agents do not have
the necessary data.
States that have a data need that appears to require a special call are urged to check the
NAIC web page devoted to P&C statistical purposes and special calls
(http://www.naic.org/pcstat/). The SCTAG can be contacted from this web page and the
web page also provides other resources that states looking for data are likely to find
helpful.
24.2 Special Calls Technical Assistance Group (SCTAG)
The Special Calls Technical Assistance Group (SCTAG) is a volunteer group of insurers and
statistical agents formed and overseen by the NAIC’s Statistical Information (C) Task Force
and charged with providing assistance to regulators and legislators with regard to unusual
or one-time state data needs. If the state and the SCTAG find that statistical agents do not
possess the necessary data, and the state decides to undertake a special call, then the
SCTAG will work with the statistical agents to collect the necessary data or will provide
assistance to the state should it decide to collect the data directly.
The SCTAG may be contacted by contacting the NAIC’s Statistical Information Manager. In
addition, as most statistical agents participate on this group, it is likely that a regulator
may be able to contact the group directly by contacting the statistical agent(s) most closely
tied to the line(s) of insurance that may be involved. The SCTAG may initiate contact with a
state regulator if it becomes aware of a state data need where its assistance may be
251
valuable. While the SCTAG will also assist legislative bodies, the Statistical Information (C)
Task Force has not authorized it to initiate contact with such bodies without first receiving
an explicit request to provide such assistance from a regulator in that state.
24.3 Reducing the Cost (and increasing the quality) of Special Calls
The suggestions listed below are offered to assist regulators as they strive to minimize costs
and increase the accuracy of the information received when a special call is made:
•
Use the NAIC statistical / special calls web page (http://www.naic.org/pcstat/), both as
a resource as well as a means of improving communication with insurers.
•
Sunset provisions or other provisions to terminate reporting automatically after a
specified period may help avoid periodic reports that extend beyond a useful date.
•
Please communicate the discontinuation of a regular call via the NAIC web page as well
as by your normal communication channels.
•
Renewal of a data call after an extended period of inactivity should be treated as a new
call.
•
The number of back years of data required in special calls should be kept to a
minimum.
•
Careful consideration should be given to the level at which data fields are required.
Most commonly, problems occur with requests for unallocated loss adjustment
expenses, incurred losses and IBNR. These items involve estimated quantities and such
estimates are normally not made at a subline/class/coverage level. Customarily, such
estimations are calculated on an Annual Statement Line level, but not at a more
detailed level. It can be a complex, expensive (and often arbitrary) process to estimate
these amounts at detailed levels. Providing these amounts at a company level (for
company groups) further complicates the process. When a regulator’s data needs
positively require such estimates, it must be remembered that different insurers will
use different methodologies to develop them. It may be often more efficient to request
this data at the level of detail reported to the statistical agents. This will have the added
advantage of allowing statistical agents to handle much of the work and will allow these
estimations to be made on a uniform basis by the statistical agent.
•
Data elements such as risk count, policy count and exposures can become meaningless
if they are requested at the wrong level of detail. Exposure bases vary within subline
and coverage so that an aggregation of these elements can result in misleading totals.
Policies that cover entities in multiple states or ZIP codes cannot be unambiguously
counted by state or ZIP code.
•
In some cases, the information requested in special data calls is available from other
sources. If data elements are available on the Annual Statement or are already reported
to a statistical agent, then reporting costs will be duplicative for the special call. For
this reason, it is recommended that states with questions seek the advice of the SCTAG
(see the NAIC web page) so that possible duplication of requests is reduced.
•
Many special calls are due during the March 1 to May 1 timeframe. This stretches
252
resources and increases the possibility or responses being late or erroneous. If state
needs can be met with data received a few months later, some overworked insurer
personnel will be grateful (and the quality may be better).
•
Where possible, establish thresholds for reporting so that if a company falls under a certain cap,
then no response or a “none to report” response is all that is required. Null reports should be as
simple as possible to make and file.
•
It can be helpful if insurers have input into diskette reporting formats in order to
promote uniformity across states. Again, the SCTAG (which can be contacted via the
web page) can serve as a resource to provide this input.
•
Unless data needs to be precisely allocated to individual insurers, it is often easier for
insurers to provide data that combines all affiliated insurers in a company group.
•
Making hardcopy forms more uniform and traditional in size can save money by
reducing or eliminating outside printing costs for insurers.
24.4 Suggested Formats for Common Types of Special Calls
Section 24A discusses special calls arising out of catastrophes. In time, the Task Force
may add other sections for other types of special calls.
The presence of these suggested formats does not mean that the Task Force or the NAIC
recommends that data of the nature that is referenced be collected by the states. Although
much of this data may be “interesting,” states are encouraged to carefully consider what
they will do with information before they request it. Careful consideration will result in
data calls that provide the best data to make the decisions that must be made. It will
sometimes result in a decision to forego a data request when it is recognized that there is
little action that will result from its compilation, or that the cost of the compilation will
outweigh any possible benefit.
The purposes of sections 24A and subsequent are to:
•
Increase the chance that insurers will be able to provide data in a timely and accurate fashion.
•
Provide data definitions. For instance, if a regulator asks “how many private passenger
auto insureds?”, one insurer may report the number of policies, one may report the
number of vehicles and one may report the number of known drivers. Without good
data definitions, it is likely that misunderstandings of this nature will occur, and the
resulting data may be of little value.
•
Reduce the cost of special calls through standard calls that insurers are able to
anticipate. For instance, suppose that a hurricane causes significant damage in three
states. These states may each have experience with data collection and may ask for
relevant and well-defined data, but each state may ask for it with slightly different
timing and format requirements. The cost to insurers to provide the information will be
significantly less and the quality is likely to be better if the timing and formats for each
of the three states are the same. In addition, once insurers have used a common format
a few times, there will be no reporting delay caused by the need for new programming
and debugging – insurers will simply need to identify the state and time period and run
253
the reports. While insurers still need to spend time checking data anomalies (it will not
be as easy as just pressing a couple of buttons), the result will still be that insurers can
provide the regulator with better data more quickly.
The NAIC desires to know of state’s experiences using the formats and definitions
contained in sections 24A and subsequent. Contact the NAIC’s Statistical Information
Manager to provide input or to ask questions.
254
Section 24A
Catastrophe Reports
24A.1
Introduction
If a major disaster occurs, a state may find itself in need of data more quickly and with
different details than are provided by standard reports described elsewhere in the
Handbook. The ability of insurers to respond with timely and accurate data will increase
when they know – in advance of the catastrophic event – the data requirements and
specifications. To this end, this subsection provides the following optional model
catastrophe calls:
•
•
Loss Summary Report – Group Direct Basis (one-time or monthly)
ZIP Code Property Exposure Report – Single State Group Direct Basis (one-time)
This subsection also provides definitions of lines of insurance and of other data-related terms. When
needed, the use of these model reports and accompanying definitions will improve timeliness and
quality of data received by the states or by statistical agents on behalf of the states.
24A.2
Data and Information Available without a Special Call
A significant amount of catastrophe-related information is often available without a special call.
Property Claims Services (PCS) is a unit of Insurance Services Office, Inc. (ISO). After a significant
property catastrophe has been identified, PCS will obtain data from major insurers in the affected
market (at least 75%) in an effort to make a quick and reliable estimate of the total dollars of insured
loss. PCS will share information with state insurance departments. For media-related purposes, this
can be an excellent tool. PCS estimates are very quick and are provided by professionals that do this
on a regular basis for catastrophes in many states. Check http://www.iso.com/aisg/index.html for
more information.
24A.3
Importance to Identify the Intended Use of Catastrophe Data
Before asking insurers for data, it is important that the regulator consider the decisions
that will be made based upon the data. Several motivations for collecting catastrophe data
may exist:
•
Interest from the news media – Immediately following a catastrophe, the news media
and others will want to know how much damage was done. The level of interest will be
high. It is suggested that statistical calls may not be the most efficient way to respond
to such inquiries. Owing to the delays involved with data collection, the information
provided will not arrive as soon as the news media want it. If curiosity and the ability to
respond to the media are the only reasons for an interest in data, the regulator is urged
to consider the significant cost of a special data call versus the limited benefit of a late
response to the news media. PCS reports may be the better choice in these situations.
•
Concerns for insurer solvency – Even an industrywide loss of a billion dollars, although
it is a huge sum, is unlikely to threaten the solvency of national insurers. Hurricane
Andrew, which at $16 billion is one of the largest insured catastrophes to date, had 7
insolvencies directly attributed to it, but all but of two of those were Florida-only
insurers, and the other two were small regional insurers with most of their business in
255
Florida. In general, solvency problems arising from catastrophes are likely to affect only
single-state insurers with concentrations in the areas hit by the catastrophe. As such, if
a state is concerned regarding the solvency impact of a major catastrophe, it is
recommended the state identify those specific (probably domestic and probably small)
insurers that write most of their business in the state that experienced the brunt of the
catastrophe. A state will almost certainly get better information more quickly if they
select insurers likely to have been the hardest hit and arrange one-on-one meetings
with them to assess losses and probable financial impact. The type of reports necessary
to judge financial impact (countrywide net basis by insurer) would be especially difficult
for insurers to produce and a blanket call for reports of this nature would cause
needless additional expenses for the overwhelming majority of insurers for which there
would be no solvency-related impact.
•
Information required to monitor claim handling – A major catastrophe presents a
problem for insurers because their normal staffing is set up to handle a steady stream
of fender benders, thefts, liability claims, occasional fires, etc. An insurer’s service
cannot help but suffer when its claims office incurs more losses in a single day than it
might otherwise receive in several years of “normal” operation. Notwithstanding reasons
why insurers should be allowed somewhat greater tolerance when it comes to
processing catastrophe claims, experience has shown that some insurers are more
effective at adapting to the need for them to change their “normal” procedures, while
some may not respond adequately and will generate a high volume of justified
consumer complaints. As such, two model calls have been provided, an exposure report
that can be made on a one-time basis, and a loss report that can be provided on a
periodic basis until a sufficient number of claims have been paid.
As can be seen, it is necessary to carefully consider the intended usage for data before a
special data call is made. There can be little question that states will require additional
information when faced with extreme situations like Hurricane Andrew or the Northridge
earthquake, but it does not follow that the costs of industrywide statistical calls will always
be justified by their benefits simply because damages for a disaster amount to many
millions of dollars.
24A.4
Reporting and Evaluation Dates
The notice to insurers that they must report data should be made as soon as the regulator
has decided that catastrophe data is needed. It is suggested that the first evaluation date
for losses be the last business day of the month following a catastrophe, with reporting due
either (1) 30 calendar days following the evaluation date, or (2) 30 calendar days after the
request is provided to insurers, whichever is later.
For exposures, it is suggested that valuation be done as of the end of the month
immediately preceding the catastrophe, with reporting due either (1) 30 days after the
request is provided to insurers, or (2) at the time the first loss report is due if a loss report
is also requested, whichever is later.
24A.5 Recommended Duration of Catastrophe Calls
Depending on the needs to be fulfilled, a single loss call to selected insurers may suffice.
Another possibility is that a state may choose to make a single industrywide call with
follow-ups for selected insurers only. Where updated loss data is required on a periodic
basis, putting an end date on the number of reports with updated data, or ending the calls
256
for insurers when most losses are paid, will ensure that calls do not become ongoing
requests and continue past the time that they are of value. Where periodic loss reports are
necessary, monthly evaluations are suggested for a one-year period, with an option to
extend the period to two years if necessary for major catastrophes (e.g., those with an
industry impact exceeding $250,000,000 or $500,000,000).
24A.6
Group Reporting Versus Individual Insurer Reporting
For most groups, it adds difficulty to break out experience for individual insurers. As such,
it is recommended that insurers be allowed to provide all reports on either a group basis or
an individual insurer basis.
24A.7
Sample Reports
Sample reports are shown next, followed by a data definitions section. The sample reports
are shown in a spreadsheet format, with the columns (A, B, C, etc.) and rows (1, 2, 3, etc.)
shown for illustrative purposes and so that insurers can be certain that they have placed
data in the correct spreadsheet cells. These reports can then be provided using various
electronic media. States that desire reports on paper can request that insurers print these
spreadsheets or provide printouts in the same format that is illustrated. States that have
experienced a catastrophe and have determined a need for a special data call are
encouraged to copy this material and include it with any special instructions to insurers.
257
24A.7
Report 1 (Loss Summary Report – Group Direct Basis)
A
1
2
3
4
5
6
7
21
22
23
24
25
26
27
28
29
30
31
C
D
E
F
G
H
I
J
LOSS SUMMARY REPORT – GROUP DIRECT BASIS
State
Description of catastrophe
Date(s) of the catastrophe
End Date of Reporting
Period
8 Report Prepared on
9 Company or Group
10 NAIC Company Code(s)
11
12
13
14
15
16
17
18
19
20
B
XX
Hurricane Zeke (or St. Louis earthquake or Chicago-area tornadoes)
9/14/1995 (or 9/14-15/1995 for a period of time)
9/30/95
10/6/95
Quicksand Casualty Group
12345
12346
12347
Report Prepared by
Title
Address Line 1
Address Line 2
City, State, ZIP
Telephone number
Facsimile number
E-mail address
John E. Doe
Statistical Analyst
123 Shifting Sands Drive
Losses and Claim Counts
Incurred and/or Paid IN
THIS STATE ONLY
Homeowners
← Insert as many cocodes as apply, one per cell. Do not
use group codes.
Quicksand, XX 99999
(800) 555-1212
(800) 555-1213
[email protected]
Dwelling Commercial Business FarmFire and Fire and
-owners owners
Allied
Allied Lines
Lines
Personal
Auto
Physical
Damage
Commercial Auto
Physical
Damage
All
Other
Lines
Totals
Paid Loss Count
Paid Loss Amount
Reported Loss Count
Reported Loss Amount
Unreported Loss Count
Unreported Loss Amount
What is the total loss for all states combined? (Include losses already reported in cells J25 and J27.)
What is the total claim count for all states combined? (Include claim counts already reported in cells J24 and J26.)
Use the format shown above as a template, being careful to place entries in the cells shown. The cells requiring entries are:
B4 through B9;
B10, C10, D10, etc., for as many NAIC cocodes are included;
B11 through B18 (as applicable – leave blanks for address or e-mail cells that are not applicable)
the array of cells with B22 and J27 in the corners, and
J29 and J31.
258
Instructions for the Application of Loss Development in Report 1
All losses reported in this exhibit are those that have been incurred on a direct basis. Do
not include losses assumed through reinsurance, and do not reduce or remove losses from
this report based on reinsurance which will be available for their payment.
Many insurers may not have the data immediately available to provide the loss estimates
developed in precisely the manner that they have been requested. In such cases, the
insurer should provide reasonable estimates. The common problem is that many insurers’
reserve tracking systems are unable to distinguish development occurring on reported
losses (“bulk” development) versus development arising from those losses that have not yet
been reported (which constitute true IBNR losses). Such insurers’ incurred loss
calculations go directly from paid losses + case basis reserves to total incurred losses.
Notwithstanding these limitations, Report 1 should be made on the following basis:
Paid loss count
This is the number of claims for which payment has been made to the policyholder as of
the report date. Exclude claims where the only payment has been loss adjustment expense.
Paid loss amount
This is the sum of the payments less salvage and subrogation that the insurer has made as
of the report date. This includes payments where the insurer continues to keep the claim
file open (as the insurer believes that its payment is likely to be the first of two or three
payments). Loss adjustment expenses should not be included.
Reported loss count
This is the number of claims that have been reported as of the date cited in the report.
Exclude claims that have been closed with no payment.
Reported loss amount
This is the insurer’s estimate of the amount that will ultimately be paid less salvage and
subrogation for those claims that have been reported as of the date cited in the report. It
includes amounts already paid, and it includes development of reported losses, but it does
not include IBNR. Loss adjustment expenses should not be included.
Unreported loss count
This is the insurer’s estimate of the number of claims that have not been reported as of the
report date.
Unreported loss amount
This is the insurer’s estimate of the amount that will ultimately be paid less salvage and
subrogation on claims that have yet to be reported. Loss adjustment expenses should not
be included. PLEASE NOTE – this is true IBNR – it should NOT include development on
losses that have already been reported (“bulk reserves”). Bulk reserves should be included
in reported losses.
259
Because Report 1 requires true IBNR to be distinguished from the development of reported
claims, it is likely that the loss development systems and procedures that many insurers
use for other purposes will not produce numbers that comply. If an insurer’s loss tracking
and loss development systems do not distinguish true IBNR from the development of
reported claims, then adjustments will need to be made. The paid numbers from such a
system should be OK, and the totals (reported + unreported) should be OK as well, but it
will be necessary for the insurer to allocate the totals between reported and unreported
somewhat differently. Rather than subtracting paid losses and simple case basis reserves
from total losses to get unreported losses, it will be necessary to estimate what portion of
the “unreported losses” calculated in this fashion represent development of losses that
have been reported but are under-reserved.
An important point – one that will keep this from being an onerous report because of this
distinction – is that this reallocation does not need to involve a great deal of precision.
Simply estimate – make a reasonable guess, if you will – the amount of this effect and
apply this estimation on a pro-rate basis to the unpaid losses. The most important
numbers are the total losses and total loss counts for this state and for companywide.
While these numbers need to be allocated more finely, precision in these allocations is not
as important as quality in the totals.
260
24A.8
Basis)
Report 2 (ZIP Code Property Exposure Report – Single State Group Direct
A
1
2
C
D
E
F
G
H
I
J
ZIP CODE PROPERTY EXPOSURE REPORT – SINGLE STATE GROUP
DIRECT BASIS
3
4
5
6
7
State
Description of catastrophe
Date(s) of the catastrophe
End Date of Reporting Period
8
Report Prepared on
9 Company or Group
10 NAIC Company Code(s)
11 Report Prepared by
12
13
14
15
16
17
18
19
20
21
B
Title
Address Line 1
Address Line 2
City, State, ZIP
Telephone number
Facsimile number
E-mail address
XX
Hurricane Zeke (or St. Louis earthquake or Chicago-area tornadoes)
9/14/1995 (or 9/14-15/1995 for a period of time)
9/30/199
5
10/6/199
5
Quicksand Casualty Group
12345
12346
12347
← Insert as many cocodes as apply, one per cell.
Do not use group codes.
John E.
D
o
e
Statistical Analyst
123 Shifting Sands Drive
Quicksand, XX 99999
(800) 555-1212
(800) 555-1213
[email protected]
Line(s) of Insurance
22
Five Digit Zip Code
Total
Policies
in Force
← Enter line(s) of insurance covered below (i.e., Homeowners, Dwelling
Property, Farmowners, Businessowners or Commercial Property)
NOTE TO STATES: When this report is requested, it will be
necessary to specific whether a separate report (spreadsheet
page) should be provided for each line – specify which – or
for all property lines combined.
Total
Building Contents Total
Written
Amount of Amount of Amount
Premium
Insurance Insurance
Insuran
23
24
.
.
.
.
.
12345
12346
:
:
55555
unknown
Statewide Total
Use the format shown above as a template, being careful to place entries in the cells shown. The cells requiring
entries are:
•
B4 through B9;
•
B10, C10, D10, etc., for as many NAIC cocodes are included;
•
B11 through B18 (as applicable – leave blanks for address or e-mail cells that are not applicable)
•
B20, and
•
The array (as illustrated) starting with row 23, using as many rows as necessary. The ZIP Codes are to be
the ZIP Code of the property insured, which may be different than the mailing ZIP Code. ZIP Codes where
the other entries would be zero may be omitted.
•
If a separate report is made for homeowners and/or dwelling fire, the contents amounts are to be only
those where the dwelling is not covered (i.e. for tenants and condo forms). The total amount of insurance
may be omitted for homeowners.
261
24A.9
Line of Business Definitions
Businessowners
These policies provide property and liability coverage for small businesses, combined under
one policy. They provide coverage for buildings and business personal property
(replacement cost coverage), loss of business income and extra expense.
Commercial Auto Physical Damage
These policies pay for losses resulting from damage to or theft of a covered automobile.
Basic physical damage coverages include Collision and Other than Collision
(Comprehensive). (Commonly, but not always, these policies also provide liability coverage.
However, for purposes of this definition, the key point is whether these policies, regardless
of whether they provide liability coverage, also provide physical damage coverage.)
This generally includes policies issued on business use private passenger automobiles,
business use trucks, public automobiles and garages. Private passenger automobiles
include all vehicles owned by corporation, co-partnership or unincorporated associations
under a fleet basis and the same under a non-fleet basis when used customarily for
business purposes; it also includes farmers private passenger autos, pickups, panel trucks
and vans, under a fleet basis. Trucks include trucks, tractors and trailer types. Public
automobiles include taxicabs, limousines, buses (school, church urban, airport, inter-city,
charter, sightseeing, athletic and entertainer), social services automobiles and van pools.
Garages include dealer and non-dealer garages, service stations and repair operations. It
does not apply to personal use of automobiles and personal use of trucks with gross
vehicle weight less than 10,000 pounds.
Commercial Fire & Allied Lines
This represents experience from monoline and package policies containing commercial
property coverage forms and cause of loss forms. These policies can provide building,
business personal property, time element and additional coverages, depending on which
forms are included.
Dwelling Fire & Allied Lines
A dwelling policy provides property coverage for one-family to four-family dwellings.
Coverage is provided for the insured’s dwelling building and personal property.
Farmowners
These are package policies for farming and ranching risks, similar to a homeowners policy,
that has been adopted for farms and ranches and includes both property and liability
coverages for personal and business losses. Coverages include farm dwellings and their
contents, barns, stables, other farm structures and farm inland marine, such as mobile
equipment and livestock.
Homeowners
Homeowners insurance is a package policy combining property coverage for structures
(except for tenant and condominium forms), personal property and personal liability. It
includes mobile homes at fixed locations.
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Personal Auto Physical Damage
These policies pay for losses resulting from damage to or theft of a covered automobile.
Basic physical damage coverages include Collision and Other than Collision
(Comprehensive). (Commonly, but not always, these policies also provide liability coverage.
However, for purposes of this definition, the key point is whether these policies, regardless
of whether they provide liability coverage, also provide physical damage coverage.)
This generally includes those policies issued on automobiles owned or leased by an
individual or by husband and wife resident in the same household. It covers motorcycles
and four wheel vehicles including station wagons, vans, or pick-up trucks with gross
vehicle weight less than 10,000 pounds and not customarily used in the occupation,
profession or business of the insured. It also includes private passenger rated automobiles
owned by a corporation, co-partnership or unincorporated association and insured on a
policy for an individual or an individual and spouse.
All Other
Refer to policies covering property other than those listed above.
24A.10
Data Element Definitions
Building Amount of Insurance
Total amount of coverage on all structures for policies included in Total Policies in Force as
defined below. It is not necessary to reduce these amounts for deductibles.
Contents Amount of Insurance
Total amount of coverage (net of deductibles) on the contents of buildings.
Losses and Claim Counts
See the instructions and loss definitions accompanying Report 1.
Total Amount of Insurance
Total of Building Amount of Insurance and Contents Amount of Insurance.
Total Policies in Force
The total number of direct policies in force during or at the end of the month immediately
prior to the catastrophe event that provide coverage for the catastrophe event. Normally, for
the lines of insurance involved, this definition includes all direct policies. Exceptions
include auto policies without “comprehensive” coverage and also include homeowners and
dwelling policies that exclude coverage for hurricanes.
Total Written Premiums
Total direct written premium for policies included in Total Policies in Force as defined
above.
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264
Appendix 8: Model National Emergency Management Assistance Compact (EMAC)
Legislation2
The following is an example of the National Emergency Management Assistance Compact
(EMAC) legislation. In order for states to request and provide assistance legally through
EMAC, in is important that the compact’s language in Section II not be changed as written.
“Arkansota” is used as a sample.
An Act to Ratify the Emergency Management Assistance Compact; and for related
purposes.
Be it enacted by the Legislature of the State of Arkansota:
SECTION 1. This act may be cited as the Emergency Management Assistance Compact.
SECTION 2. The Legislature of the State of Arkansota hereby authorizes the Governor of
the State of Arkansota to enter into a compact on behalf of the State of Arkansota with any
other state legally joining therein, in the form substantially as follows:
Article I—Purposes and Authorities
This compact is made and entered into by and between the participating member states
which enact this compact, hereinafter called party states. For the purposes of this
agreement, the term “states” is taken to mean the several states, the Commonwealth of
Puerto Rico, the District of Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states
entering into this compact in managing any emergency or disaster that is duly declared by
the governor of the affected state(s), whether arising from natural disaster, technological
hazard, man-made disaster, civil emergency aspects of resources shortages, community
disorders, insurgency, or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises,
testing, or other training activities using equipment and personnel simulating performance
of any aspect of the giving and receiving of aid by party states or subdivisions of party
states during emergencies, such actions occurring outside actual declared emergency
periods. Mutual assistance in this compact may include the use of the states’ National
Guard forces, either in accordance with the National Guard Mutual Assistance Compact or
by mutual agreement between states.
Article II—General Implementation
Each party state entering into this compact recognizes many emergencies transcend
political jurisdictional boundaries and that intergovernmental coordination is essential in
managing these and other emergencies under this compact. Each state further recognizes
that there will be emergencies which require immediate access and present procedures to
apply outside resources to make a prompt and effective response to such an emergency.
This is because few, if any, individual states have all the resources they may need in all
2
(For more information, please visit: http://www.nemaweb.org/emac/index.cfm)
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types of emergencies or the capability of delivering resources to areas where emergencies
exist.
The prompt, full, and effective utilization of resources of the participating states, including
any resources on hand or available from the Federal Government or any other source, that
are essential to the safety, care, and welfare of the people in the event of any emergency or
disaster declared by a party state, shall be the underlying principle on which all articles of
this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated
state official who is assigned responsibility for emergency management will be responsible
for formulation of the appropriate interstate mutual aid plans and procedures necessary to
implement this compact.
Article III—Party State Responsibilities
A.
It shall be the responsibility of each party state to formulate procedural plans and
programs for interstate cooperation in the performance of the responsibilities listed
in this article. In formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:
Review individual state hazards analyses and, to the extent reasonably possible,
determine all those potential emergencies the party states might jointly suffer,
whether due to natural disaster, technological hazard, man-made disaster,
emergency aspects of resource shortages, civil disorders, insurgency, or enemy
attack.
Review party states’ individual emergency plans and develop a plan which will
determine the mechanism for the interstate management and provision of assistance
concerning any potential emergency.
Develop interstate procedures to fill any identified gaps and to resolve any identified
inconsistencies or overlaps in existing or developed plans.
Assist in warning communities adjacent to or crossing the state boundaries. Protect
and assure uninterrupted delivery of services, medicines, water, food, energy and
fuel, search and rescue, and critical lifeline equipment, services, and resources,
both human and material.
Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness.
Provide, to the extent authorized by law, for temporary suspension of any statutes.
B.
The authorized representative of a party state may request assistance of another
party state by contacting the authorized representative of that state. The provisions
of this agreement shall only apply to requests for assistance made by and to
authorized representatives. Requests may be verbal or in writing. If verbal, the
request shall be confirmed in writing within 30 days of the verbal request. Requests
shall provide the following information:
A description of the emergency service function for which assistance is needed, such
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as but not limited to fire services, law enforcement, emergency medical,
transportation, communications, public works and engineering, building inspection,
planning and information assistance, mass care, resource support, health and
medical services, and search and rescue. The amount and type of personnel,
equipment, materials and supplies needed, and a reasonable estimate of the length
of time they will be needed.
The specific place and time for staging of the assisting party’s response and a point
of contact at that location.
C.
There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of the
party states with affected jurisdictions and the United States Government, with free
exchange of information, plans, and resource records relating to emergency
capabilities.
Article IV—Limitations
Any party state requested to render mutual aid or conduct exercises and training for
mutual aid shall take such action as is necessary to provide and make available the
resources covered by this compact in accordance with the terms hereof; provided that it is
understood that the state rendering aid may withhold resources to the extent necessary to
provide reasonable protection for such state. Each party state shall afford to the emergency
forces of any party state, while operating within its state limits under the terms and
conditions of this compact, the same powers (except that of arrest unless specifically
authorized by the receiving state), duties, rights, and privileges as are afforded forces of the
state in which they are performing emergency services. Emergency forces will continue
under the command and control of their regular leaders, but the organizational units will
come under the operational control of the emergency services authorities of the state
receiving assistance. These conditions may be activated, as needed, only subsequent to a
declaration of a state of emergency or disaster by the governor of the party state that is to
receive assistance or commencement of exercises or training for mutual aid and shall
continue so long as the exercises or training for mutual aid are in progress, the state of
emergency or disaster remains in effect or loaned resources remain in the receiving
state(s), whichever is longer.
Article V—Licenses and Permits
Whenever any person holds a license, certificate, or other permit issued by any state party
to the compact evidencing the meeting of qualifications for professional, mechanical, or
other skills, and when such assistance is requested by the receiving party state, such
person shall be deemed licensed, certified, or permitted by the state requesting assistance
to render aid involving such skill to meet a declared emergency or disaster, subject to such
limitations and conditions as the governor of the requesting state may prescribe by
executive order or otherwise.
Article VI—Liability
Officers or employees of a party state rendering aid in another state pursuant to this
compact shall be considered agents of the requesting state for tort liability and immunity
purposes; and no party state or its officers or employees rendering aid in another state
pursuant to this compact shall be liable on account of any act or omission in good faith on
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the part of such forces while so engaged or on account of the maintenance or use of any
equipment or supplies in connection therewith. Good faith in this article shall not include
willful misconduct, gross negligence, or recklessness.
Article VII—Supplementary Agreements
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid
among two or more states may differ from that among the states that are party hereto, this
instrument contains elements of a broad base common to all states, and nothing herein
contained shall preclude any state from entering into supplementary agreements with
another state or affect any other agreements already in force between states.
Supplementary agreements may comprehend, but shall not be limited to, provisions for
evacuation and reception of injured and other persons and the exchange of medical, fire,
police, public utility, reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies.
Article VIII—Compensation
Each party state shall provide for the payment of compensation and death benefits to
injured members of the emergency forces of that state and representatives of deceased
members of such forces in case such members sustain injuries or are killed while
rendering aid pursuant to this compact, in the same manner and on the same terms as if
the injury or death were sustained within their own state.
Article IX—Reimbursement
Any party state rendering aid in another state pursuant to this compact shall be
reimbursed by the party state receiving such aid for any loss or damage to or expense
incurred in the operation of any equipment and the provision of any service in answering a
request for aid and for the costs incurred in connection with such requests; provided, that
any aiding party state may assume in whole or in part such loss, damage, expense, or
other cost, or may loan such equipment or donate such services to the receiving party state
without charge or cost; and provided further, that any two or more party states may enter
into supplementary agreements establishing a different allocation of costs among those
states. Article VIII expenses shall not be reimbursable under this provision.
Article X—Evacuation
Plans for the orderly evacuation and interstate reception of portions of the civilian
population as the result of any emergency or disaster of sufficient proportions to so
warrant, shall be worked out and maintained between the party states and the emergency
management/services directors of the various jurisdictions where any type of incident
requiring evacuations might occur. Such plans shall be put into effect by request of the
state from which evacuees come and shall include the manner of transporting such
evacuees, the number of evacuees to be received in different areas, the manner in which
food, clothing, housing, and medical care will be provided, the registration of the evacuees,
the providing of facilities for the notification of relatives or friends, and the forwarding of
such evacuees to other areas or the bringing in of additional materials, supplies, and all
other relevant factors. Such plans shall provide that the party state receiving evacuees and
the party state from which the evacuees come shall mutually agree as to reimbursement of
out-of-pocket expenses incurred in receiving and caring for such evacuees, for
expenditures for transportation, food, clothing, medicines and medical care, and like items.
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Such expenditures shall be reimbursed as agreed by the party state from which the
evacuees come. After the termination of the emergency or disaster, the party state from
which the evacuees come shall assume the responsibility for the ultimate support of
repatriation of such evacuees.
Article XI—Implementation
A.
This compact shall become operative immediately upon its enactment into law by
any two (2) states; thereafter, this compact shall become effective as to any other
state upon its enactment by such state.
B.
Any party state may withdraw from this Compact by enacting a statute repealing the
same, but no such withdrawal shall take effect until 30 days after the governor of
the withdrawing state has given notice in writing of such withdrawal to the
governors of all other party states. Such action shall not relieve the withdrawing
state from obligations assumed hereunder prior to the effective date of withdrawal.
C.
Duly authenticated copies of this compact and of such supplementary agreements
as may be entered into shall, at the time of their approval, be deposited with each of
the party states and with the Federal Emergency Management Agency and other
appropriate agencies of the United States Government.
Article XII—Validity
This Act shall be construed to effectuate the purposes stated in Article I hereof. If any
provision of this compact is declared unconstitutional, or the applicability thereof to any
person or circumstances is held invalid, the constitutionality of the remainder of this Act
and the applicability thereof to other persons and circumstances shall not be affected
thereby.
Article XIII—Additional Provisions
Nothing in this compact shall authorize or permit the use of military force by the National
Guard of a state at any place outside that state in any emergency for which the President
is authorized by law to call into federal service the militia, or for any purpose for which the
use of the Army or the Air Force would in the absence of express statutory authorization be
prohibited under Section 1385 of title 18, United States Code
Section 3. This act shall take effect and be in force for and after its passage.
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Appendix 9: Sample Bulletin
STATE OF CALIFORNIA
Harry W. Low, Insurance Commissioner
DEPARTMENT OF INSURANCE
300 Capitol Mall, Suite 1700
Sacramento, CA 95814
(916) 492-3500
(916) 445-5280 (fax)
www.insurance.ca.gov
Potential Claims Issues
After A Large Catastrophic Event
October 4, 2001
California Department of Insurance, Claims Services Bureau
Below are several claims handling issues that were documented by our department in
reviewing consumers’ claims complaints after the occurrence of a large catastrophic event.
These are some of the claim complaint issues that were found to be more prevalent by our
department after large California catastrophic events such as the 1994 Northridge
Earthquake, the 1989 Loma Prieta Earthquake and the 1991 Oakland Firestorm.
Additional Living Expense (ALE)
• Many times, insurance companies did not fully explain ALE coverage to their insured’s
when the loss first occurred. This sometimes resulted in misunderstandings, such as the
insureds not making claims for this type of expense or insureds claiming ALE losses that
were not covered by their insurance policy. If a brochure or written guide for ALE were to
be given to the insured at the beginning of a claim, it would assist in helping to avoid
disputes regarding this coverage.
• Confusion regarding applicable time frames and monetary limits that apply regarding
ALE. Any ALE limits regarding the total amount payable and any applicable time limit for
this coverage should be clearly explained to the insured, soon after the claim is first
made.
• Lack of available housing in the same geographic area as where the loss occurred. This
may cause an extreme inconvenience to the insured if the insured cannot be relocated to
the same general vicinity as where they lived when the loss occurred.
Unusually High Claim Volume
• The higher volume of claims that occurs after a catastrophic event forced many
insurance companies to use claim representatives that were not licensed and not
familiar with the claim handling regulations that exist in the State of California. Often,
there was no direct insurance company supervision over claim representatives to make
sure that claims were handled in accordance with claim handling regulations.
• Due to high claim volume, there often was a lack of claim support personnel to take
phone calls from insureds and handle general claims questions over the phone. Field
claim representatives were not able to promptly respond to phone inquiries because they
were inspecting losses during daytime hours.
• Claims sometimes were quickly handled and not thoroughly investigated. This may
result in claims being underpaid because insurance companies and/or their
representatives may attempt to quickly close claim files in order to reduce a high claim
case inventory.
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Page 2
• Many catastrophic claims are very complex and may take many years to fully investigate
and settle. Claim representatives or independent claim representatives were brought in
from other geographic areas and sometimes, as many as twenty to thirty claim
representatives would work on one particular claim file. This often resulted in extreme
frustration being incurred by the insured and delays in the handling of a claim because
of the lack of continuity and understanding of the claim file issues and because of the
many claim representatives that handled the claim.
• Many claim files were not documented clearly or losses were not fully investigated for
coverage by the insurance company claim representatives. It is essential to make sure
that all communications to the insured are clearly documented regarding the content of
the conversation and the date that information was conveyed with the insured. Detailed
claim file activity logs and written correspondence should be sent to confirm all
communications with insureds.
Public Adjusters and Attorney Represented Claims
• Some insured’s were overwhelmed after the catastrophic event occurred and were
quickly solicited by and signed contracts with public adjusters or attorneys regarding the
handling of their claim. This often resulted in an additional claims handling burden for
insurance companies because, many times, public adjusters and attorneys made more
frequent communications to the insurance company, apparently seeking to maximize
any insurance policy benefits or to attempt moving their client’s claim to a priority status
over other, unrepresented insureds.
• Some insureds did not understand the fees that would be charged by public adjusters or
attorneys when they contracted to be represented by them and thought that insurance
companies would pay the additional expenses charged by their public adjusters or their
attorneys.
Documentation of the Loss By the Insured
• Many times, after a catastrophic claims event, any documentation for items being
claimed or the actual items was destroyed by the loss event. This often resulted in
extreme difficulty for the insureds to try and “prove” their loss to the insurance
company. Also, insurance companies were often put in the difficult position of
attempting to pay what was owed, with little or no documentation and to also not pay for
“overstated” claims.
• If engineers, architects, contractors or other experts were needed by the insured to help
establish their loss or the value of their loss, many times, qualified professionals were in
very short supply. This helped to delay the evaluation and documentation of the loss as
well as to delay any necessary structural repairs.
• Many times, especially with earthquake claims, there was a difficulty in determining the
causation of damages. Sometimes, the damages were due to earth movement or
settlement or causes other than an earthquake. The determinations of these causes were
often difficult. Also, some reported damages were pre-existing damages that may have
never been noticed by the insured or the insured may have not reported the damages to
the insurance company before. Damages that were caused by the concussive effects of
an explosion may be similarly difficult to discover and to estimate repairs.
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•
After the 1994 Northridge Earthquake, many out of state soils and structural engineers
that were not licensed in the State of California, were hired by insurance companies
because there was a shortage of available local engineers after this catastrophic event.
Some consumers also hired out of state engineers to assess their damaged structures.
Some insurance companies later disallowed the conclusions of those engineers’ reports
because the engineers may not have been well versed in the building code requirements
in this state or may have had their engineering expertise in areas other than soils or
structural engineering.
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PAGE 3
POLICY STATUTE OF LIMITATION
•
The applicable statute of limitation in an insurance policy may be too restrictive of a time
period after a large catastrophic claims event occurs. Sometimes insureds do not want to report their
losses immediately, believing that there are too many other claims already reported to the insurance
company and they may not receive prompt service. Some insureds may also believe that other
entities have suffered more severe losses than their own, so they choose to report the claim to the
insurance company at a later date. The insured may not be fully aware of an insurance policy’s
immediate claim reporting requirements and may also not be aware of the applicable statute of
limitation in the policy.
INSURED RELIANCE ON THE INSURER TO COMPLETELY ADDRESS ALL AREAS OF LOSS
• Some insureds, in catastrophic claims situations, cannot or are not fully aware that they need to take
an active role in the handling of their claim. Insureds may not request that explanations of
settlements, coverages or any agreements made with the insurance company, be confirmed in
writing. This may result in frustration by insureds because agreements or their understanding of
policy coverages may not be correct. The claim also may not be documented completely when a
claim file is transferred from one claim representative to another for handling when a claim
representative leaves a loss location when their assignment is completed.
This list is not intended to be all-inclusive. The intent of this list is to highlight some of main problem
areas regarding claims handling that have occurred in the State of California after a large catastrophic
insured event.
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Appendix 10: Midwest Zone’s Ending Arguments Gently, Legally and Economically
(E.A.G.L.E.)
Introduction
Each year, the Oklahoma Insurance Department handles well over 50,000 complaints and
inquiries, mostly through its Consumer Assistance/Claims Division. Even after going
through the agency’s consumer assistance process, there are still some people who are
unsatisfied by the outcome.
Complaints remain unresolved for a number of reasons, for example:
1.
there is a question of fact that cannot properly be ruled upon by a claims examiner;
2.
there is a question of law that is best left to a court to decide;
3.
the conduct of an insurer may be offensive to a reasonable person, but it does not
violate any statute that is enforced by the Department; or
4.
the expectations of the complainant may be unreasonable.
The unresolved complaints often result in litigation. At least some of those unresolved
complaints could undoubtedly be resolved, and litigation avoided, if the parties sat down
with each other and made a commitment to listen to each other and try to work out their
differences.
Because of these unresolved complaints, the Oklahoma Insurance Department created the
E.A.G.L.E. (Ending Arguments Gently, Legally and Economically) mediation program. The
program utilizes mediators trained by the Oklahoma Supreme Court to help unhappy
consumers and insurance companies work toward an agreement that puts their conflict to
rest. The goal is to get the disputes resolved before they get out of control, and before the
parties have punted to their respective attorneys.
As a result of mediating consumer complaints, there is likely to be some reduction of
lawsuits that are filed against insurers, and a corresponding reduction in adverse publicity
that the insurance industry receives. Complainants who achieve resolution through
mediation are likely to be more satisfied than those who have gone through the entire
litigation process.
Another function of the E.A.G.L.E. program is to help settle administrative disciplinary
matters. The Legal Division of the Department opens about four hundred disciplinary files
each year because of allegations made against insurers, agents, adjusters, bail bondsmen,
and others who are licensed and regulated by the Insurance Department. Some of those
cases, especially those that are more complex, lend themselves to pretrial Settlement
Conferences conducted by someone other than the Hearing Examiner assigned to try the
case. The Settlement Conferences can be used to facilitate discussion between the parties,
provide neutral evaluation and feedback, reach agreement on the issues or procedure
regarding discovery or trial, and identify the issues that remain for trial. However,
settlement conferences are expected to be relatively rare in comparison to complaintrelated mediations.
This paper will review what the process of mediation is, and is not; discuss the brief history
and development of the E.A.G.L.E. mediation program; and give two examples of the types
of policyholder complaints that have actually gone to mediation.
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The Mediation Process
Mediation is defined in Oklahoma’s Dispute Resolution Act3 as “the process of resolving a
dispute with the assistance of a mediator outside of a formal court proceeding.”4 If
someone were trying to educate herself about mediation by just reading the statute, this
definition would not be particularly helpful.
A better description is that “Mediation is ‘negotiation through an intermediary.’ Two or
more parties meet with a neutral third party, who guides the negotiation process . . . and
helps the parties arrive at a win-win settlement.”5
Mediation is suited to any dispute in which
A negotiated settlement is desired
•
There is no need to set a legal precedent or example
•
The parties wish to keep the proceedings confidential
•
Tensions and emotions are impeding communication
•
Time is a concern
•
The disputants want or need to maintain relations6
•
Mediation is not arbitration, although it is not uncommon to hear the terms improperly
used interchangeably. An arbitrator, or a panel of arbitrators, will render a decision on the
facts presented to them. A mediator does not impose a decision on the parties. In
mediation, the decision whether to settle a dispute always remains with the parties.
Before parties agree to work with a mediator, they often ask if the mediation will be binding. When a
party asks this, it is obvious that the process needs to be explained to him. Arbitration may be binding
or non-binding. However, in mediation the goal is agreement. If the parties cannot come to an agreed
settlement during mediation, all parties may walk away without having lost any of their rights.
History and Development of the
E.A.G.L.E. Mediation Program
When Insurance Commissioner Carroll Fisher took office in January of 1999, he
announced that he was bringing a different attitude to the office. He believed that the
Department was spending too much time and money pursuing complaints and violations
that could, and should, be resolved less formally. Commissioner Fisher said he wanted
litigation to be the exception, and he wanted to start resolving more problems through
negotiation, mediation, and arbitration. Whenever possible, he wanted to help end disputes
effectively, efficiently and economically.
Within a few weeks after Commissioner Fisher took office, attorneys from the Department
had met with Sue Tate, Director of the Alternative Dispute Resolution System (ADRS) that
operates out of the Administrative Office of the Courts. A proposal for the E.A.G.L.E.
program was submitted to Oklahoma Supreme Court’s Dispute Resolution Advisory Board,
and the plan was approved.
Since then, two groups of mediators have been trained using a five-step model of
3
4
5
6
12 O.S. § 1801, et seq.
12 O.S. § 1802(2)
Martindale-Hubbell Dispute Resolution Directory 1995, at p. 3-21.
id.
276
mediation. The training is provided by the ADRS, and is similar to the training that is
received by mediators who staff the various Early Settlement centers across the state.
However, the training program is customized to include some of the fundamentals of
insurance law, as well as role-playing examples of the types of disputes that mediators for
the Department are likely to encounter.
The E.A.G.L.E. program is designed to resolve disputes early, hopefully before they escalate
to the level of accusations of bad faith. It is particularly helpful where communications
have broken down between a representative of the company and its policyholder, or where
there are multiple parties to a dispute. For example, the parties may include an agent,
adjuster and insured; or adjuster, claimant, and repairman (for examples based on real-life
cases, see the following section).
Although the program is in its infancy, it has already generated interest among insurance
regulators and companies across the nation. Several states are considering the possibility
of copying the E.A.G.L.E. program. The National Association of Insurance Commissioners
(NAIC) has been watching the E.A.G.L.E. program with great interest. NAIC has already
included an article on the program in one of its publications, and it is currently working on
a draft of a “best regulatory practices” white paper that includes a discussion of the
E.A.G.L.E. program.
Oklahoma City University has produced a video about the E.A.G.L.E. program, and it is be
available to regulators and companies who want more information.
Examples of Problems that Arise in The Handling of
Property and Casualty Claims
Insureds, claimants, agents, adjusters, contractors, body shops, doctors, hospitals, . . . all
have at least two things in common: people and money. When those two ingredients are
combined, with a dash of personal tragedy thrown in as a catalyst, conflict is inevitable.
Disputes can arise in any field of insurance. However, property and casualty claims seem
to generate a disproportionate number of complaints. Two examples of common
complaints, adapted from actual cases that have been resolved through mediation, are
given below:
Homeowner’s Insurance: Tornado Damage
John and Mary Homeowner7 are an elderly couple who owned a house that was in the path
of the tornado that hit Moore, Oklahoma on May 3, 1999. Fortunately, they were no
injured, although their brick house looked like it had been bombed. They immediately
reported the loss to their insurance agent, who passed it along to the claims office. The
claims office approved an advance payment for living expenses, and Mr. and Mrs.
Homeowner rented another house while they waited for theirs to be repaired.
Before the adjuster was able to inspect the damage, two contractors came by and wrote
estimates for Mr. and Mrs. Homeowner. One of the contractors said that the house should
be bulldozed and rebuilt from the ground up, at an estimated cost of $120,000.00. The
second contractor said that the house could be repaired for an estimated cost of
7
All names in these examples, and some of the facts, have been changed.
277
$105,000.00, but several items were excluded from the estimate, because they could not
be inspected until some of the damaged portions were removed. The “open” items could
increase the repair cost by as much as $22,000.00.
When the insurance adjuster inspected the loss, he generally agreed with the second
contractor concerning the repair of the house, and with the possibility of additional
expense for “open” items. However, the adjuster’s initial estimate of the loss was
$83,000.00.
The adjuster and the contractor were unable to reach an agreement on cost of repairs.
Words were exchanged between the two, and the adjuster put the file at the bottom of the
stack. After several weeks, the adjuster called Mr. Homeowner and told him that he was
going to cut off the payments for additional living expense, because repairs had not yet
begun.
Mr. Homeowner called the contractor to see why he was delaying the work. The contractor
told him that insurance company was not willing to pay enough to repair the house. The
contractor told Mr. Homeowner he should put some pressure on his insurance company.
Mr. and Mrs. Homeowner had no idea what a “reasonable price” for the repairs should be,
and they were at a loss for how to get thing moving. They just wanted their house to be
repaired or rebuilt, and they thought they had done what they were supposed to do. They
felt like they were stuck in the middle of a Hatfield and McCoy feud, and they did what a
lot of people do in such a situation: they called the Insurance Commissioner.
Automobile Insurance: Medical Payment Coverage
Melba McFeelnogood was stopped at a stoplight when she was rear-ended by a
daydreaming teenager who had no insurance. She had some neck pain, but decided
against going to the doctor. When her pain persisted a few days later, she called her
insurance agent, “Smilin’ Jack” Goodhands.8 Smilin’ Jack recommended that she make an
appointment with Dr. Jack Backcracker. He assured her that the treatment would be paid
under her policy’s medical payments coverage.
After three weeks of treatments, Dr. Backcracker released Ms. McFeelnogood from his care.
Before paying the bill, her insurance company had a registered nurse review the medical
records to determine whether the treatment was reasonable and necessary considering the
nature and extent of her injuries. They also plugged the charges into a computer program
to see whether the charges were in line with what other doctors in the area charge for
similar services.
Of the $1900.00 that Dr. Backcracker billed, the insurance company decided that $400.00
was for massage therapy that was not necessary, and therefore not covered under the
policy. Of the remaining $1500.00, they decided that the doctor’s charges were out of line
with what other doctors charge for the same procedures. Therefore, they reduced the bill
by another $600.00, and paid a total of $900.00.
Dr. Backcracker turned Ms. McFeelnogood over to a collection agency for the $1000.00
balance that remained on her account. Ms. McFeelnogood complained to her agent, since
A fictional name that is not intended to imply that the agent was employed by a company that uses “good
hands” as part of its advertising.
8
278
her agent is the one who originally recommended Dr. Backcracker. Smilin’ Jack called the
adjuster, who said his hands were tied. He could only pay what the policy allowed, and
that only included charges that were reasonable and necessary and related to the accident.
His opinion was that he had only declined charges that were unreasonable or unnecessary,
and therefore not covered by the policy.
Ms. McFeelnogood felt like she had been steered wrong by her agent, and as a result she
had a collection agency breathing down her neck. She did what people do when they feel
helpless: she called the Insurance Commissioner.
Outcomes
The parties in each of the preceding examples agreed to use a mediator, and both of the
disputes were settled in full. In each case, all of the participants began the session fairly
entrenched into their respective positions. However, as the mediator helped the
participants to see things in a different light, those positions began moving toward each
other.
Both of the examples given required some cooperation from third parties: a contractor and
a chiropractor, respectively. Not all disputes will involve outside parties, but it is not
unusual in insurance disputes.
Mediation will not work in every case. However, it may help to open the lines of
communication, which could result in settlement days or weeks after the session. It also
may help to prevent bad faith lawsuits by getting problems resolved before they reach the
undefined point of bad faith.
Conclusion
For many, the sight of an eagle soaring on the wind might evoke feelings of strength, power
and independence. When a person becomes so frustrated about a conflict that he seeks the
help of a government official, one can assume that the person has drifted into feelings of
anger and victimization. He wants to get back those feelings of strength, power, and
independence, and views the government agency as the vehicle of restoration.
Oklahoma Insurance Commissioner Carroll Fisher has long admired the eagle, as
evidenced by the fact that numerous paintings and statues of eagles decorate his office.
The E.A.G.L.E. mediation program is an effort to restore feelings of strength, power and
independence that may have been lost in an impersonal insurance transaction. The
program reflects the value that decisions should be made by the people who are personally
affected by a dispute.
Specific questions about the E.A.G.L.E. mediation program may be addressed to Michael
Ridgeway, Assistant General Counsel and E.A.G.L.E. Program Director, Oklahoma
Insurance Department, P.O. Box 53408, Oklahoma City, OK 73152, Telephone (405) 5212746. You may also want to visit the Oklahoma Insurance Department’s website at
www.oid.state.ok.us. It includes information about the E.A.G.L.E. program, as well as
pages devoted to each of the other divisions in the Department.
279
280
Appendix 11: Identification of Catastrophe Perils
ca·tas·tro·phe (kƏ-tăs trƏ-fē) n.
1.
A great, often sudden calamity.
2.
3.
4.
A complete failure; a fiasco: The food was cold, the guests quarreled the whole
dinner was a catastrophe.
The concluding action of a drama, especially a classical tragedy, following the
climax and containing a resolution of the plot.
A sudden violent change in the earth’s surface; a cataclysm.
[Greek katastrophē, an overturning, ruin, conclusion, from katastrephein, to ruin, undo : kata-,
cata- + strephein, to turn; see streb(h)- in Indo-European Roots.]
Source: The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2000 by
Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.
dis·as·ter (dĭ-zăs tƏr, -săs -) n.
1.
2.
3.
a.
An occurrence causing widespread destruction and distress; a catastrophe.
b.
A grave misfortune.
Informal. A total failure: The dinner party was a disaster.
Obsolete. An evil influence of a star or planet.
[French désastre, from Italian disastro : dis-, pejorative pref. (from Latin dis-. See dis-) +
astro, star (from Latin astrum, from Greek astron. See ster-3 in Indo-European Roots).]
Source: The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2000 by
Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.
Perils subject to the occurrence of catastrophic events will be identified and discussed.
When an event is identified which may cause the loss of life, disruption of the general
population, or other interruptions of daily living, it is appropriate to designate the event as
a catastrophe peril. It is important to note that not all catastrophe perils are covered under
either personal or commercial insurance contracts.
A.
Collapse
A collapse is a cave in or falling together of a roof or walls of a building. The collapse of a
building may be considered a catastrophic event calling for activation of the Disaster
Response Plan. The magnitude of the collapse must be considered in the determination of
whether or not the collapse should be designated a disaster. This will most likely to occur
in large public facilities, including stadiums, arenas, schools and office buildings.
281
B.
Earthquake
An earthquake is an unpredictable natural phenomena where the ground shakes or
ripples. Earthquakes are caused by underground volcanic forces or by shifting of rock
beneath the earth’s surface. Damage from earthquakes can be widespread causing loss of
life, fire, damage to infrastructures such as roads, tunnels and bridges, and structural
damage to buildings.
C.
Environmental Contamination
Environmental contamination is the corruption or pollution of the earth by dangerous
chemicals or gasses. It can occur from a number of circumstances. Some of these
circumstances have catastrophic potential. This peril can occur naturally, however; it is
generally considered to be caused by human endeavors. Manufacturing processes
sometimes pose great hazards to the environment.
D.
Fire
Fire is defined as the active burning of materials characterized by the heat and light of
combustion. For insurance purposes, distinction is made between hostile fire and friendly
fire. A disaster may be declared when a hostile fire reaches sufficient magnitude as to
become a conflagration destroying significant amounts of property and possibly
endangering numerous lives.
E.
Flood
A flood is defined as the overflowing of water onto land that is usually dry. This peril can
represent a significant disaster exposure as entire towns may be inundated following heavy
rainfall or the melting of snow.
F.
Hurricane
A hurricane is a violent cyclonic windstorm that typically occurs in the tropics. Wind
speeds range from 70 miles per hour to well in excess of 200 miles per hour. They are often
accompanied by significant rainfall, thunder and lightening. Hurricanes present major
catastrophe potential as they are capable of completely devastating virtually everything in
its path. Hurricanes may cover wide areas of land and travel significant distances inland
causing widespread destruction of property and loss of life.
G.
Meteorites or Other Objects from Space
A meteorite is a metallic or mineral mass that has fallen to earth from outer space.
Meteorites and other objects falling from space present a potentially disastrous situation. If
scientists are correct and a large meteorite is responsible for the extinction of the dinosaur,
it is possible that any preparations for such a disaster would be insufficient. Preparations
can be made for catastrophes of a less monumental nature. In addition to exposure from
meteorites, it is possible for man-made objects such as aircraft, satellites, and other space
vehicles to cause significant damage to property and loss of life if they land in populated
areas.
282
H.
Nuclear Disaster
A nuclear reactor is a device for initiating and maintaining a controlled, nuclear chain
reaction in fissionable fuel for the production of energy. If a nuclear reactor becomes
uncontrolled, a significant catastrophe exposure results. Fissionable material may damage
significant amounts of property through contamination and may endanger human life.
I.
Oil Spills
An oil spill is a form of environmental contamination where oil escapes from its usual
container or vessel. Ocean-going tankers present significant disaster exposure due to the
large volume of oil transported within the ship. If the tanker were to capsize or run
aground, significant property damage and damage to the environment may occur. On land,
tanker trucks are used to transport petroleum products. These also present significant
disaster exposure, particularly, if an accident occurs in a populated area.
J.
Riot
A riot is a wild or violent public disturbance by three or more people unlawfully assembled
together. Riots possess catastrophic possibilities as the individuals responsible have little
or no regard for the property they damage or the lives they endanger.
K.
Sinkholes
A sinkhole is a hollow or hole into which surface water drains, especially such a hole worn
through rock and leading to an underground channel. Sinkholes present a catastrophic
exposure to life and property as buildings collapse into the underground channels. The
magnitude of the collapse will determine whether a disaster should be declared.
L.
Terrorist Act
A person or group of persons who use terror or violence to intimidate or subjugate others
are known as terrorists. Terrorists often use bombs or incendiary devices to threaten lives
and damage property. They may kidnap victims and demand ransom payments. When a
terrorist targets the public area or building, a disastrous situation may result.
Definition of “Act of Terrorism” (as adopted by NAIC Plenary, November 2001)
“Act of Terrorism” is defined as an act of violence or force or an act dangerous to human
life, health, tangible or intangible property or infrastructure, carried out by a person or
group that is not a sovereign state, directed towards overthrowing or influencing the
government of a sovereign state.
As defined in Title 22 U.S.C. Section 2656f(d), “terrorism” is defined as:
“premeditated, politically motivated violence perpetrated against noncombatant targets by
sub-national groups or clandestine agents.”
283
M.
Tornado
A tornado is a violent twirling wind that is accompanied by a rapidly rotating funnelshaped cloud that is capable of destroying everything in its path. The path of destruction of
tornadoes is typically rather narrow, although tornadoes have been known to exceed one
mile in width. Tornadoes are often accompanied by significant rainfall, thunder, and
lightening. They present a significant catastrophe exposure when populated areas are
within their path.
N.
Tsunami
A tsunami is a tidal wave that has been initiated by an earthquake beneath the ocean floor.
It presents a significant catastrophe hazard to exposed shorelines.
O.
Volcanic Eruption
A volcano is a vent in the earth’s crust through which rocks, dust, ash, or molten rock in
the form of liquid magma are ejected. A volcano can be defined as active while it is
erupting; dormant during a long period of activity; or extinct when all activity has ceased.
Volcanoes are usually characterized by a cone-shaped hill or mountain made up primarily
of volcanic materials that have built up around the vent. Violent eruptions of volcanoes
present major catastrophe hazards. Dust and ash can blanket the air and smother
vegetation threatening human life and property. Additional exposure from the lava flow
causes significant damage to property. Volcanoes are capable of destroying entire towns or
areas.
P.
Windstorm
A windstorm is a storm containing a violent wind accompanied by little rain or snow.
Windstorms present a catastrophe exposure depending on the magnitude of the storm and
the speed of the wind.
Q.
Winter Storm
A winter storm is an atmospheric disturbance characterized by strong winds and heavy
snowfall or ice accumulation. It presents catastrophic exposure to property damage and
significant loss of life depending on the magnitude of the storm. Life-threatening situations
can occur due to exposure to the elements and loss of services, such as heat and water. In
addition, winter storms can significantly damage property through collapse and other
damage due to ice and snow accumulation. Travel can be hazardous to property and life
during a winter storm.
284
Appendix 12: Insurance Partnerships for Improved Disaster Recovery
Florida Emergency Management/Insurance CommunityCooperation Pact
“Partners in Recovery” is a cooperative pact activated during the central Florida wildfires,
demonstrating that the agreement is now valuable whenever Florida faces a catastrophic
event triggering losses that may be covered totally or partially by insurance. The 1998
hurricane season was one of the busiest on record. While Florida’s direct losses were
limited, Hurricanes Georges and Earl and Tropical Storm Mitch required total
implementation of the plan for the first time, including deployment of Insurance Disaster
Assessment Teams in the Florida Keys and northwest Florida.
“Partners in Recovery” provides for the following: (1) year-round communications
between the emergency management and insurance communities; (2) an insurance liaison
team supervised by FIC whenever the State Emergency Operations Center in Tallahassee is
activated for an extended period; (3) Insurance Disaster Assessment Teams to go to the
disaster area as soon as possible and evaluate damages and adjuster needs; and (4) special
State Emergency Response Team (SERT) permits to facilitate entry into damaged areas by
insurance company adjusters.
This unprecedented mutual cooperation pact between emergency managers and the
insurance community is being copied by insurance companies and emergency
management agencies in several other states, including South Carolina, North Carolina,
Georgia, California and New York.
Here are the major elements of this unprecedented agreement:
Emergency Management/Insurance Community Liaisons: The agreement calls for a
system to acquaint emergency managers and insurance representatives with each other
before a storm appears and promote cooperation when a catastrophe occurs. The state
emergency management division (DEM) has divided the 67 counties into seven areas, with
a coordinator for each area. Members of the insurance community are being designated by
Florida DOI and FIC to work with each DEM coordinator and the individual county
managers in that area. Insurance community contacts also are being designated for the
key counties facing a hurricane threat - Dade, Broward, Palm Beach, Tampa, Hillsborough,
Duval and extreme west Florida - Escambia, Okaloosa and Walton. Contacts will be
designated for other counties when possible and especially when it is requested by the
county emergency management director. The insurance community contacts are
designated members of the Florida Association of Insurance Agents. Bill Bailey, Insurance
Information Institution consultant, Boston/Fort Lauderdale, is a special insurance liaison
under this plan for Dade, Broward and Palm Beach counties.
The area representative - and county representative when one is appointed to serve under
the area representative - will be the insurance community’s contact point for local
emergency management. He or she will arrange to have an insurance community
representative in the impacted local emergency operations center during a catastrophe
threat to coordinate with the insurance team in the state EOC. This is a sensitive issue in
some counties and clearance must be secured ahead of time. Between hurricane seasons,
the representative will be responsible for requests for community presentations and
educational materials and attending DEM area coordination meetings, especially sessions
just prior to the hurricane season.
Liaison on a state level is provided by the Insurance Council. State level responsibilities
285
include regular contact with the Florida DEM, including Jim Loomis, Recovery
Administrator; and with the Florida DOI, including Jim McCloy, Catastrophe Coordinator.
These responsibilities also include participation in the Florida Emergency Preparedness
Association annual meeting, the Governor’s Hurricane Conference, National Hurricane
Conference and other meetings as appropriate. It also included during 1996 preparation
and distribution to county emergency managers of 20,000 copies of “Surviving the Storm,”
an important brochure on insurance claims following a hurricane.
Insurance Liaison Team: The insurance community will organize an insurance liaison
team to staff a seat at the Recovery Desk in the State Emergency Operations Center in
Tallahassee when it is open in anticipation of and in response to a disaster. The team will
be directed by the Insurance Council. It will receive information on the storm which will be
passed along to the insurance industry through the Hurricane Advisory Network. The
Hurricane Advisory Network is located on the FIC home page at http://www.flains.org.
Team members will prepare reports for this page. Reports will be issued when warranted,
but no less often than every six hours. To supplement the reports, the team will post on
the home page official advisories from the National Hurricane Center in Coral Gables. A
report or reports by the Insurance Disaster Assessment Team will be posted by the EOC
group on the home page once available. Other appropriate web sites will be linked to this
page.
Insurance Disaster Assessment Team: A six-member team called the Insurance Disaster
Assessment Team will go to the disaster area as soon as possible - with the permission of
local and state emergency management officials - to evaluate the damage and such things
as the number of adjusters needed. IDAT will conduct its own damage assessment when
conditions permit and it is appropriate. Team members may be assigned to other
assessment teams or may concentrate on reviewing video tapes and other already complied
information on the disaster, depending on the circumstances. The IDAT report will include
important information to assist the state in seeking a presidential disaster declaration and
will be released immediately to local emergency management offices and the state DEM
and the Insurance Liaison Team in the state EOC. The liaison team will disseminate the
report to the insurance community through the Insurance Council’s home page and, when
possible, through a special telephone conference call briefing. Members of the assessment
team will be selected by DOI.
Adjuster/Agent Access and Identification: After the Insurance Disaster Assessment
Team authorized in our mutual cooperation pact estimates needs, adjusters and agents
representing individual companies will be able to go into the area, probably within 24
hours after the storm. The new agreement has expedited their entry by establishing passes
to be issued by the state DEM and distributed by the Insurance Council to designated
persons in advance of hurricane season. The passes are a special issue of Florida DEM’s
State Emergency Response Team (SERT) permit for insurance adjusters and other
designated representatives. An important goal of this element of the mutual cooperation
pact will be to ensure access to insurance adjusters in a hurricane impacted area sent in
from outside to provide assistance. We are also making available a limited number of
insurance SERT badges to the Florida Association of Insurance Agents and Professional
Insurance Agents of Florida. The SERT badges will not be used until permission has been
received from the state DEM and the impacted local emergency management offices.
Recovery Assistance: The Insurance Council, working with the Florida Association of
Insurance Agents, PIA of Florida and other agents associations and the Florida insurance
department, will oversee and coordinate claims-settling activities of individual insurers
286
following a hurricane. Regular reports will be provided to local and state DEM officials.
Special attention will be paid immediately following a hurricane to the collection of
information needed by the state for its disaster declaration petitions. FIC will serve as the
industry’s contact point when problems with the claims recovery process are identified by
the insurance department and the local or state emergency management community.
The Council will coordinate with the state DEM’s recovery team on a long-term basis
during the months following a disaster. Depending on the scope of the disaster, the
Council and the Insurance Information Institute in New York may provide a long-term
recovery assistance presence. The template for this activity is the Hurricane Insurance
Information Center, which was operated by the industry in Miami’s Kendall area for 18
months following Hurricane Andrew and as a more limited activity for several weeks
following the tornadoes in Oklahoma City in the spring of this year.
Any long-term insurance recovery program in a hurricane damaged area must involve
agents. We expect the role of “captive agents” and FAIA, PIA and other agents associations
in long-range recovery activities to be significant.
Prepared by Sam Miller, Vice President
Florida Insurance Council
(850) 386-6668, ext. 226
[email protected]
Florida Insurance Council , P.O. Box 13686
Tallahassee, FL 32317-3686
287
288
Appendix 13: Sample Insurance Community Liaison Disaster Reporting Form
Pre Disaster Survey General Instructions
This survey can be completed by downloading the various files in Lotus 123® or Microsoft
Excel®, from the Department’s web site located at http://www.ins.state.ny.us/disaster.htm
Each version of the survey (Lotus 123® or Microsoft Excel®) contains three files:
1.
“Readme”—this file contains instructions on how to complete the two required
report files. The report files request data on a countywide basis for:
Amount of Insurance In-force (Gross Exposure)
Number of Polices In-force
2.
“CommRpt”—contains a table for entering the required information covering the
commercial property portion of the premiums, reported on Page 15 of the New York Annual
Statement, for the following lines:
01—Fire
02.1—Allied Lines
02.2—Multiple Peril Crop
02.3—Federal Flood
03—Farmowners Multiple Peril
05.1—Commercial Multiple Peril (Non-Liability Portion)
12—Earthquake
3.
“PersRpt”—contains a table for entering the required information covering the
personal property portion of the premiums, reported on Page 15 of the New York Annual
Statement, for the following lines:
01—Fire
02.1—Allied Lines
04—Homeowners Multiple Peril
12—Earthquake
Those insurers unable to download the files from the web site may submit the attached
sheet to request a diskette by US Mail, or by an e-mail message addressed to
[email protected] to request the files by return e-mail.
Responses must be submitted to the Department in an electronic format. Hardcopy survey
responses are not required and any hardcopy survey responses submitted without the
required diskette will not be processed. Survey responses should be accurately completed
in accordance with the instructions and returned within 60 days after publication of the
Circular Letter:
289
New York State Insurance Department
Property Bureau—2nd Floor
25 Beaver Street
New York, NY 10004
Attn: Vincent Mazzarella
As an alternative, you may also submit the file through the Internet by attaching it to email addressed to [email protected].
Questions as to the content of the survey (coverages, etc.) may be directed to:
Ms. Lucy Cilione
Principal Insurance Examiner
Phone: (212) 480-5501
E-mail: lcilione @ ins.state.ny.us
Any questions as to the technical aspects of the diskette filing may be directed to:
Mr. Vincent Mazzarella
Senior Insurance Examiner
Phone: (212) 480-5590
Your cooperation in furnishing timely and accurate responses is essential to the success of
this endeavor and is appreciated by the Department and the people of New York.
290
Diskette Order Form
Enter the following information:
Insurer
Name
Address
City
State
Zip Code
Contact Person
Salutation (Mr., Ms., etc.)
Last name
First, MI
Address—(if
different
from
insurer)
City
State
Zip Code
Telephone #
E-mail address
Diskette format requested (check one)
Lotus 123® [ ]
Microsoft Excel [ ]®
291
Instructions
For Completion of Special Report File (S)
(Excel Version)
1.
The “CommRep.xls” an “PersRep.xls” files contain the table for entering information
on Commercial and Personal Property Lines, respectively, required to complete this
Special Report.
2.
It is strongly recommended that you immediately back-up the “CommRep.xls” and
“PersRep.xls” files to your hard drive before inputting any data.
3.
Please rename the “CommRep.xls” file, by saving it with the five-digit NAIC number
of the reporting insurer, followed by the letter “C.” For example, if your NAIC
number were 12345, you would save the file as “12345C.xls.”
Similarly, rename the “PersRep.xls” file, by saving it with the five-digit NAIC number
of the reporting insurer, followed by the letter “P.” Therefore, if your NAIC number
were 12345 you would save the file as “12345P.xls.”
Create as many files as necessary to complete reports on all of the entities in your
reporting group.
4.
After naming and saving the file(s), open one spreadsheet file, and before entering
any other data, complete the General Information section. In the highlighted blue
cells enter your company’s name, NAIC and group number, etc. You should enter
information only in the cells highlighted in blue, all other cells in the file are
protected, and no entries should be made into them. Note that this year you are
asked to indicate the “DATA YEAR,” please indicate the calendar year of the data
used in preparing the reports. There will normally be a one-year lag in the data year.
For example if you are reporting on April 1, 2002, you should be using data for the
calendar year ending December 31, 2001.
5.
Do Not Change The Position or Content of Any Cells on the Report Files.
6.
In the next section—Data Required—Your Company Name, NAIC and Group # will
be filled-in automatically if you have properly completed “Step 4.”
In this section (Data Required) you are instructed as to the lines of business that
must be included in the data reported (those instructions are repeated below in bold
typeface). Please note, when completing the Personal Lines file (PersRep.xls) you
should:
292
Include data to reflect the commercial lines portion of premiums reported on
Page 15 of the Annual Statement, for the following lines:
01—Fire
02.1—Allied Lines
12—Earthquake
Please note, when completing the Commercial Lines file (CommRep.xls) you should:
01—Fire
02.1—Allied Lines
12—Earthquake
Also, in this section (for both the Personal and Commercial Lines Files) you will find
the main data entry table.
The table contains three columns:
County
Amount of Insurance In-force (Gross Exposure)
Number of Polices In-force
The first column, labeled “County,” has been completed by the Department. This
column contains a listing of all the counties in New York State.
In the next two columns, highlighted in blue—indicating they are to be completed by
you, the insurer—you must provide: the Amount of Insurance in Force (the dollar
value of your Gross Exposure); and the Number of Policies In-force in each of the
counties listed, for all of the respective coverages noted above.
7.
The final section of the file (Section 3) contains the Affirmation. The name of the
Responsible Corporate Officer should be entered in the blue highlighted space
provided and the report should be dated. Next, the affirmation should be printed
following the instructions in step (8) below. Then, the printed affirmation must be
signed by the Responsible Corporate Officer. A separate affirmation must be
submitted for each reporting company.
8.
The table below contains the range names that will help you to print the various
parts of this survey for your records. The affirmation is the only printed document
you should submit to the Department. Use the appropriate range name to select the
desired print items, and then print as you normally would.
293
To Print Hit Select Range
Section I General Information F5 (GoTo) Info
Section II Data Required F5 (GoTo) TABLE
Section III Affirmation F5 (GoTo) Affirm
9.
When saving the files for submission to the Department, please be certain you have
used your five-digit NAIC# and the proper letter suffix discussed in step (3) above.
If you have no data to report:
You are not required to submit Excel report files for entities having no data to
report. Instead, in a cover letter, state which company or companies have nothing to
report. Give the Name, NAIC number, and Group number of each company and
indicate which reports (Commercial and/or Personal Lines) are not being filed
electronically.
10.
Submission of Report(s) to the Department:
Report file(s) and any cover letters (formatted in Microsoft Word) may be submitted
as e-mail attachments to Vincent Mazzarella at: [email protected]
11.
If you are unable to make an e-mail submission you should submit your data files
on diskette. Please label your diskette in the following manner:
NYSID—Emergency Response Task Force Report
Company or Group Name(s)
Company NAIC Number(s)
Group Number
Diskettes should be addressed to:
25 Beaver Street
NEW YORK, NY 10004
Attn.: Vincent Mazzarella, Senior Examiner
MARS Unit, 2nd Floor
12.
If you experience technical difficulties in using these files, please contact Vincent
Mazzarella by phone at (212) 480-5590, or by e-mail at [email protected]
294
1)
General Information
INSURER
NAME
ADDRESS
CITY
STATE
ZIP CODE
NAIC CODE #
GROUP #
DATA YEAR
CONTACT PERSON
SALUTATION
LAST NAME
FIRST, MI
ADDRESS
CITY
STATE
ZIP CODE
TELEPHONE #
FAX NUMBER
E-MAIL ADDRESS
2) Data Required
Special Report to the Superintendent of Insurance
Emergency Response Project
Personal Lines Property Coverages
Include data to reflect the personal lines portion of premiums reported on Page 15 of the
Annual Statement, for the following lines:
01 - Fire
02.1 - Allied Lines
02.3 - Federal Flood
03 - Farmowners Multiple Peril
04 - Homeowners Multiple Peril
12 - Earthquake
295
GROUP #
0
County
I,
NAIC #
NAME
0
Amount of
Insurance
In-Force
(Gross
Exposure)
0
Number
of
Policies
County
In-Force
Albany
Allegany
Bronx
Broome
Cattaraugus
Cayuga
Chautauqua
Chemung
Chenango
Clinton
Columbia
Cortland
Delaware
Dutchess
Erie
Essex
Franklin
Fulton
Genesee
Greene
Hamilton
Herkimer
Jefferson
Kings
Lewis
Livingston
Madison
Monroe
Montgomery
Nassau
New York
Niagara
Oneida
Onondaga
Ontario
Orange
Orleans
Oswego
Otsego
Putnam
Queens
Rensselaer
Richmond
Rockland
Saint Lawrence
Saratoga
Schenectady
Schoharie
Schyler
Seneca
Steuben
Suffolk
Sullivan
Tioga
Tompkins
Ulster
Warren
Washington
Wayne
Westchester
Wyoming
Yates
Cnty Unknown
3) Affirmation
Pre Disaster Report
Amount of
Insurance
In-Force
(Gross
Exposure)
Number
of
Policies
In-Force
, the duly authorized Responsible Corporate Officer
0 of the do hereby affirm, under penalty of perjury, that the information contained in this report,
including all attached exhibits, schedules, and other supporting information, is true to the best
of my knowledge and belief.
Date:
Signature of Responsible Corporate Officer
296
1)
General Information
INSURER
NAME
ADDRESS
CITY
STATE
ZIP CODE
NAIC CODE #
GROUP #
DATA YEAR
2)
CONTACT PERSON
SALUTATION
LAST NAME
FIRST, MI
ADDRESS
CITY
STATE
ZIP CODE
TELEPHONE #
FAX NUMBER
E-MAIL
ADDRESS
Data Required
Special Report to the Superintendent of Insurance
Emergency Response Project
Commercial Lines Property Coverages
01 - Fire
02.1 - Allied Lines
02.2 - Multiple Peril Crop
02.3 - Federal Flood
03 - Farmowners Multiple Peril
05.1 - Commercial Multiple Peril (Non-Liability Portion)
12 - Earthquake
297
GROUP #
0
County
Albany
Allegany
Bronx
Broome
Cattaraugus
Cayuga
Chautauqua
Chemung
Chenango
Clinton
Columbia
Cortland
Delaware
Dutchess
Erie
Essex
Franklin
Fulton
Genesee
Greene
Hamilton
Herkimer
Jefferson
Kings
Lewis
Livingston
Madison
Monroe
Montgomery
Nassau
New York
Niagara
3)
I,
NAIC #
0
Amount of
Insurance
In-Force
(Gross
Exposure)
NAME
0
Number
of
Policies
County
In-Force
Amount of
Insurance
In-Force
(Gross
Exposure)
Number
of
Policies
In-Force
Oneida
Onondaga
Ontario
Orange
Orleans
Oswego
Otsego
Putnam
Queens
Rensselaer
Richmond
Rockland
Saint Lawrence
Saratoga
Schenectady
Schoharie
Schyler
Seneca
Steuben
Suffolk
Sullivan
Tioga
Tompkins
Ulster
Warren
Washington
Wayne
Westchester
Wyoming
Yates
Cnty Unknown
Affirmation
, the duly authorized Responsible Corporate
Officer of the do hereby affirm, under penalty
of perjury, that the information contained in this report, including all attached
exhibits, schedules, and other supporting information is true to the best of my
0 knowledge and belief.
Date:
Signature of Responsible Corporate Officer
298
Insurance Company Disaster Liaisons
Insurance Company(s) Name:
Primary Liaison’s Name:
Telephone:
Cellular Phone:
Pager No. :
Email Address:
Secondary Liaison’s Name:
Telephone:
Cellular Phone:
Pager No. :
Email Address:
299
Insurance Company Catastrophe Team Leadership
Insurance Company(s) Name:
Catastrophe Team Leader’s Name:
Telephone:
Cellular phone:
Pager No. :
Email Address:
Back-up Leader’s Name:
Telephone:
Cellular Phone:
Pager No. :
Email Address:
Communications Team Leader’s Name:
Telephone:
Cellular Phone:
Pager No. :
Email Address:
Back-up Leader’s Name:
Telephone:
Cellular Phone:
Pager No. :
Email Address:
300
State of New York
Insurance Department
FAX NO: (518) 474-5048
Application for Temporary Independent Adjuster’s Permit Under
Section 2108(N) of the Insurance Law
To the Superintendent of Insurance of the State of New York:
The UNDERSIGNED ________________________________________, an insurer authorized to
(Name of Insurer)
transact insurance business in the State of New York, hereby applies for a temporary
permit under Section 2108(n) of the Insurance Law for the following individual(s) and
hereby certifies that:
1.
The application for temporary permit(s) is in order to facilitate the settlement of
claims under insurance contracts involving widespread property losses arising out of
a conflagration or catastrophe common to all losses. The occurrence for which this
application is submitted is:
_________
Date
2.
_____________________________________________ ____________________
Conflagration or Catastrophe
Counties
The person(s) named in the application are appropriately qualified by training and
experience.
NAME*
ADDRESS
D/O/B
SOCIAL SECURITY NO.
TYPE OF LOSS
TO BE ADJUSTED
Under penalty of perjury I affirm that the information given in the foregoing application is
true and hereby subscribe thereto.
Dated:
By: __________________________________________
(Signature and title of officer or managing agent
executing certificate)
Type name and address of officer or managing agent
who signed above.
_____________________________________________
_____________________________________________
_____________________________________________
_______________________________
(Fax No.)
_______________________________
(Telephone No.)
*If more space is necessary, attach additional sheets with required information.
301
Disaster Loss Data
Catastrophe Loss #
Date:
Company Name:
Contact Name:
Phone:
County Name:
Claims Information:
Commercial:
Personal:
Total Claims:
Total Claims:
Average Dollar
Value Per Claim:
Average Dollar
Value Per Claim:
Total Dollar Value
Of All Claims:
Total Dollar Value
Of All Claims:
Adjusters In Area:
Drafting Authority:
Dollar Limit:
Other Considerations:
Areas Hardest Hit:
302
Appendix 14: Guidelines for IDAT Reports
May 15, 2000
Sam Miller
Florida Insurance Council
The deployment of the Insurance Disaster Assessment Teams (IDAT) following Hurricane
Georges in the Florida Keys and West Florida in the fall of 1998 demonstrated that IDAT
likely would be called on to issue two reports. Insurance Commissioner Bill Nelson and
members of the media may be accompanying the team and will be seeking an immediate
report with an estimate of damages. In addition, there is the more detailed report to be
submitted later to the local emergency management director, the Insurance Liaison Team
at the state Emergency Operations Center (EOC) and the Division of Emergency
Management (DEM).
IDAT should not make a public report following an assessment tour if it has not been
accompanied by public officials and the media. Public release of its information will be
coordinated by the Insurance Liaison Team at the state EOC in Tallahassee, Jim McCloy
and Commissioner Nelson’s press office and Jim Loomis and the state DEM press office.
Public Damage Assessment Reports
In the event that team members are called on to make a public assessment of catastrophic
losses, they should follow the guidelines posted below:
Damage Estimates Should be a Range of Losses
IDAT’s estimate of total damages should not be precise and specific, but should be a range,
$250 million to $500 million or $1 billion to $1.5 billion, for example. The goal here is to
describe the character of the event, ether minimal losses, moderate, mid-range or
catastrophic, while not attempting to be right down to the last dollar. The team should
emphasize that it simply is unable at this point to release a specific damages estimate.
It may be useful to compare the event to previous hurricanes when explaining the nature
and character of the losses. “It definitely is not a Hurricane Andrew,” is a good comment if
the losses are a couple of billion or less. If it is a storm that hit the Florida Keys and it
appears that the losses in that area are a couple of hundred million or so, say, “the losses
appear comparable to Hurricane Georges.” Moderate losses in the Panhandle might be
“comparable to Hurricane Opal.” Reports on insured losses from previous storms are
available from the Florida Insurance FACT Book in the public-media section of the Florida
Insurance Council Internet home page (http://www.flains.org/newfic/mediapublic/).
General Estimate of Wind Versus Flood, but no Precise Breakdown
Do not attempt to precisely estimate the percentage of damages resulting from flooding and
the percentage resulting from wind. The team may be able to state that it saw substantial
damages from storm surge in certain areas and delineate those areas, or it may conclude
that storm surge damage was limited and the destruction was largely wind-driven.
303
Precise Estimates are Available from Other Sources
More specific estimates will be available, but they will be released through the Insurance
Council and Department of Insurance when available. IDAT should defer to these reports
for a precise estimate of losses.
The Insurance Information Institute in New York will usually release a computer-generated
damage estimate by Karen Clark of Applied Insurance Research in Boston, within a day or
so of landfall. Property Claim Services releases its estimate, which is based on preliminary
claims reports from the major insurers, within a week to 10 days. It may release the
estimate earlier.
Emphasize Geographic Descriptions of Damage
Emphasize the geographic areas with major damage, if not trying to be precise about those
damages. It is important and helpful information that there was only scattered damage
along the coast from Panama City to Destin or that homes seemed to be severely damaged
all along the area. Similarly helpful would be the comment that the damage seemed to be
limited to a mile or two from the coast, or that severe damage could be observed miles
inland.
Report to Local and State Emergency Operations Centers
IDAT members will huddle behind closed doors as soon as possible after their assessment
tour and develop a report for the local and state EOCs and the insurance community. The
guidelines above also apply, although team members may be more specific in this report if
they are confident in doing so.
IDAT May be More Detailed in This Report
IDAT members should be as detailed as possible in describing where they saw major
damage, identifying communities by name when possible. Also when possible, they should
estimate the percentage of structures in a region that were demolished, the percentage
with heavy damage and the percentage with moderate to light damage.
IDAT also should attempt to assess where along the storm track there appeared to be
storm surge activity. Individual insurers can take damage reports from a specific
community or area, calculate them in light of their specific market share and develop a
good idea of their needs for adjusters, other personnel and loss reserves. The storm surge
information will be important to emergency managers as well as the insurance community
in providing early indications of the likelihood of ALE assistance for storm victims.
304
Appendix 15: 2003 Members by Zone
Northeastern Zone
Southeastern Zone
Donna Lee Williams, Chair
Alessandro Iuppa, Vice-Chair
Susan F. Cogswell, Secretary
Delaware
Maine
Connecticut
Janie A. Miller, Chair
Tom Gallagher, Vice-Chair
Alfred W. Gross, Secretary
Kentucky
Florida
Virginia
Larry Mirel
Steven B. Larsen
Julie Bowler
Paula Rogers
Holly Bakke
Gregory V. Serio
Diane Koken
Joseph Torti, III
John Crowley
District of Columbia
Maryland
Massachusetts
New Hampshire
New Jersey
New York
Pennsylvania
Rhode Island
Vermont
Walter Bell
Mike Pickens
John Oxendine
Robert Wooley
George Dale
Jim Long
Fermin Contreras Gomez
Alabama
Arkansas
Georgia
Louisiana
Mississippi
North Carolina
Puerto Rico
South Carolina
Tennessee
Virgin Islands
West Virginia
Ernst Csiszar
Paula Flowers
Vargrave A. Richards
Jane L. Cline
Midwestern
Western Zone
Jim Poolman, Chair
Tim Wagner, Vice-Chair
Sally McCarty, Secretary
North Dakota
Nebraska
Indiana
Mike Kreidler, Chair
Merwin Stewart, Vice-Chair
John Morrison, Secretary
Washington
Utah
Montana
Arnold Dutcher
Terri Vaughan
Sandy Praeger
Frank Fitzgerald
Glenn Wilson
Scott B. Lakin
Ann Womer Benjamin
Carroll Fisher
Wendell Malsam
Jorge Gomez
Illinois
Iowa
Kansas
Michigan
Minnesota
Missouri
Ohio
Oklahoma
South Dakota
Wisconsin
Elisara T. Togiai
Chuck Cohen
John Garamendi
Doug Dean
Artemio B. Ilagan
J.P. Schmidt
Mary L. Hartung
Alice Molasky-Arman
Eric Serna
Joel Ario
Jose Montemayor
Ken Vines
American Samoa
Arizona
California
Colorado
Guam
Hawaii
Idaho
Nevada
New Mexico
Oregon
Texas
Wyoming
3/18/03
305
306
Appendix 16: Disaster Response Plan Checklists
Preparation Tasks
Section I.
1.
Before the Disaster
1)
2)
3)
4)
5)
Task Description
Establish and appoint the Insurance Department
Establish and appoint the Combined Resources
Subcommittee.
Oversee activities of the Insurance Department Planning
Subcommittee.
Oversee activities of the Combined Resources
Subcommittee.
Oversee the implementation and maintenance of the
307
By Date
By X
d
a
t
e
Ongoing
Ongoing
Ongoing
Ongoing
Responsible
Person(s)
Preparation Tasks
Section I.
1.1
Before the Disaster
Task Description
1)
Establish and maintain an insurance community liaison
contact lists.
2)
Establish and appoint an insurance disaster assessment
team.
3)
Oversee the emergency licensing of adjusters.
4)
Establish and maintain exceptions to common settlement
practices.
5)
Establish and maintain a mediation program.
6)
Establish and maintain a market assistance plan.
7)
Work with state and/or local office of emergency
management officials and insurance industry
representatives, before the occurrence of a disaster, to
identify individuals authorized for early access to impacted
areas for claims adjusting purposes. (See Section 1.1g)
308
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
Before the Disaster
1.1a Insurance Community Liaisons
Task Description
1)
Establish procedures to ensure documentation and
statistical reporting procedures pursuant to Section
24A of the Statistical Reporting Handbook (NAIC)
(Appendix 7).
2)
Develop a list of insurance community liaisons.
• Should be members of insurer’s disaster response team
who are familiar with company processes, systems and
protocols and have access to key information.
• Should include primary and secondary contact person
information.
3)
Compile contact information and claim processing
information.
4)
Compile exposure data.
5) Consider establishing a password-protected site on insurance
department web site for authorized insurance department and
insurance community liaison personnel to report claimprocessing information.
•
6)
7)
8)
Insurance community liaisons will report other
disaster information to be posted to insurance
department’s web site including:
Lists of company claim offices and phone numbers,
Adjuster information,
Company toll-free numbers, etc.
Determine where insurance community liaison activity
will occur (e.g., may have a permanent seat in state’s
emergency operations center or insurance department’s
command post).
Establish a trigger for activating the insurance
community liaisons (e.g., when state emergency
operations center is at Level 3 or higher, or when
Commissioner/Director determines that activation will
benefit the insurance department, industry and
consumers).
Determine what information, if any, will be required to
be reported upon activation of the insurance
community liaisons.
309
By Date
By X
date
annually
By X
date
annually
Responsible
Person(s)
Preparation Tasks
Section I.
Before the Disaster
Task Description
9)
Develop insurance community liaison disaster reporting
form (See Sample in Appendix 13), which should, as
much as possible, be uniform with other states’ forms.
Such information should be reported by the insurance
community liaisons and may include such detailed
information as:
• Exposures by zip code;
• Incurred losses to date;
• Number of claims received;
• Number of insureds contacted;
• Number of claims settled;
• Available reinsurance, etc.
10)
Contact all insurance community liaisons to ensure
they have copies of the most current insurance
community liaison disaster reporting form.
11)
Ensure updates to all data.
310
By Date
Responsible
Person(s)
Preparation Tasks
Section I.
1.1b
Before the Disaster
Mediation Program
Task Description
1)
Coordinate with insurance industry to determine if a
mediation program is desired for post-disaster claim
disputes.
2)
Determine if additional statutory authority is needed in
order to implement such a program. (Seek additional
authority, if desired.)
3) Establish the mediation program and set protocol for when the
program is activated and rules by which the program will
operate (e.g., Oklahoma’s Ending Arguments Gently, Legally
and Economically—E.A.G.L.E. program—Appendix 10).
•
4)
•
•
•
Ensure that protocols include requirements for:
Proper training of mediators;
Eligibility of claims for mediation (size/type, etc.);
Where mediation takes place;
Who pays costs, etc.
Establish:
Monitoring mechanism for program;
Evaluation standards for success of program; and
Protocols for when mediation program should be
deactivated (e.g., some states may wish to keep mediation
program in force continuously; others may wish to
activate such plan after disasters).
311
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
1.1c
Before the Disaster
Task Description
1)
Determine which exceptions to common settlement
practices may need to be established to accommodate a
magnitude of claims in an efficient and compassionate
manner, through communications with the insurance
industry.
2)
Develop triggers, in consultation with industry, as to
when such practices will be implemented or amended.
Document changes and ensure that they are fully
communicated to the industry and consumers.
312
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
Before the Disaster
1)
2)
3)
4)
5)
Task Description
Research and discuss with insurance industry the need
for market assistance plans if post-disaster marketplace
disruptions dictate that one is necessary. (See Appendix 2
information for background on market assistance plans.)
Determine plans for establishing a market assistance
plan, such as:
• Whether it be a general property and casualty market
assistance plan or specific to one line of coverage such
as workers’ compensation, etc;
• Who should participate;
• If/how the market assistance plan should be extended
to include non-admitted markets;
• Who should administer the market assistance plan;
• How the market assistance plan will be funded;
• Whether coverage required will be identical or whether
similar products will be acceptable;
• Resources needed to operate the market assistance
plan, etc.
Determine trigger(s) for activating the market assistance
plan (e.g., coverage is becoming unaffordable and/or
unavailable; rate/form filing increases or coverage
exclusions/restrictions; consumer complaints, etc.).
Pursue statutory and/or rulemaking authority to allow
the insurance department to establish a market
assistance plan if such enactments are necessary.
Determine protocols for monitoring market assistance
plan activity, evaluating its success, and protocols for
disassembling/deactivating the market assistance plan
when no longer needed.
313
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
1.1e
Before the Disaster
Task Description
1)
Work with insurance industry and disaster management
community to develop uniform insurance disaster
assessment team information for reporting (see
Guidelines in Appendix 14).
2)
Identify important information to assist the state in
seeking a state or federal disaster declaration, and find
information sources. (The information may be available
through the uniform insurance disaster assessment team
for reporting guidelines and the insurance community
liaison disaster reporting form.)
3)
Identify a method to quickly resolve disputes or concerns
if they arise regarding a company’s early access to the
disaster area(s).
4)
Review insurance disaster assessment team membership,
confirm availability of team members and update contact
information.
314
By Date
Annually
Responsible
Person(s)
Preparation Tasks
Section I.
1.1f
Before the Disaster
Task Description
1)
Determine if state’s statutes/regulations permit
emergency licensing procedures for adjusters, and if so,
for which type (i.e., company adjusters, independent
adjusters, and/or public adjusters).
2)
Initiate legislative/regulatory procedures to establish
authority if state’s statutes/regulations do not provide for
such.
3)
Establish guidelines for expedited licensing.
4)
Distribute guidelines to interested parties on the
insurance department web site or informational bulletin
site.
5)
Establish protocol for sharing the list of emergency
adjusters with appropriate internal insurance department
staff, Combined Resources Subcommittee, etc.
315
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
1.2
Before the Disaster
Task Description
1)
Create, test and maintain long-term formal, written
“public-private disaster partnerships” with appropriate
organizations designed to coordinate response to
disasters.
2)
Create a list of key decision-makers for disaster
management.
3)
Update and maintain the list of key disaster
management decision-makers and share that list
widely within the disaster management community.
4)
Call an initial meeting of members to:
• Discuss the insurance department’s Disaster
Response Plan;
• Explain duties of the Combined Resources
Subcommittee and task groups;
• Receive input from members; and
• Gather ideas from task group members, references,
educational/
informational materials, contact persons, disasterrelated issues that may need to be added to this
Disaster Response Plan, etc.
5)
Coordinate with local, state, and federal emergency
management agencies and the insurance industry to
identify critical areas of mutual need before, during and
after a disaster.
6)
Establish and appoint a Logistics Task Group and
oversee its activities.
7)
8)
9)
10)
11)
12)
13)
•
•
Establish and appoint a Coordination/Communications
Task Group and oversee its activities.
Establish and appoint a Command Post Task Group
Establish and appoint a Consumer Information Hotline
Task Group and oversee its activities.
Establish and appoint a Media Relations Task Group
Establish and appoint a Volunteer Recruiting and
Training Task Group and oversee its activities.
Establish and appoint a Market Monitoring Task Group
Meet periodically to:
Discuss the progress of the task groups,
Solve issues that arise, and add/delete items to the
state’s specific Disaster Response Plan, etc.
Bi-annually or as often as the Commissioner/Director
deems necessary prior to the state’s disaster season (if
applicable).
316
By Date
By Xdate
annually
By X date
and
ongoing
Responsible
Person(s)
Preparation Tasks
Section I.
1.2a
Before the Disaster
Task Description
1)
Identify resource needs of the Combined Resources
Subcommittee and other task groups regarding the
insurance department’s logistical and technical
capabilities and requirements to enable the insurance
department to respond better and faster to disasters
and include these in the implementation plan.
2)
Coordinate technical requirements for an alternate
designated facility to ensure its immediate activation in
case the insurance department headquarters is
damaged/destroyed in a disaster and include these in
the implementation plan.
3)
Determine whether it is feasible to use the insurance
department’s existing toll-free number for the consumer
information hotline and whether/how to coordinate all
the insurance department toll-free lines if additional
lines are necessary.
4)
Determine how to incorporate TDD lines if desired by
the Consumer Information Hotline Task Group.
5)
Determine how to quickly and efficiently link the
insurance department satellite and/or temporary field
office sites with the insurance department
headquarters.
6)
Establish method of requesting and securing resources
from other states and organizations if needed.
7)
Identify available physical and human resources, which
may assist in disaster response efforts.
317
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
1.2b
Before the Disaster
Task Description
1)
Hold discussions with local, state, and/or federal
emergency management agencies to identify critical
individuals who can work with the insurance
department to prepare for dealing with a disaster,
including key contacts in disaster assistance
agencies.
2)
Obtain a list of NAIC zone disaster response
coordinators and alternate zone disaster response
coordinators, and ensure that each state within that
zone maintains a list of volunteers that are willing to
participate if a disaster occurs.
3)
Determine which states have signed an Emergency
Management Assistance Compact (EMAC) (Appendix
8).
• Research and determine protocols for sharing of
insurance department personnel via EMAC for those
EMAC states.
• Establish other procedures and guidelines for
sharing of insurance department personnel with
non-EMAC states.
318
By Date
By X
date
ann
uall
y
Responsible
Person(s)
Preparation Tasks
Section I.
1.2c
Before the Disaster
By
Date
Task Description
1) Determine possible triggers for deciding if an insurance
department command post will be activated (the
nature/extent of each disaster may change the previously
established triggers).
2)
3)
4)
5)
6)
7)
8)
Determine where the command post will be located if
activated.
Determine what equipment the command post
personnel will need (e.g., phones, workstations, faxes,
computer hook-ups, etc.) and communicate this
information to the Logistics Task Group.
Determine and arrange for an alternate site in case
the insurance department headquarters are
damaged/destroyed. (The command post may be
located in another state or federal agency permanent
or temporary office if more appropriate.)
Determine if/when the insurance department would
need to activate satellite and/or temporary field
office(s) and work with the Logistics Task Group to
determine logistical/technical requirements.
Obtain a list of insurance community liaisons from
the Insurance Department Planning Subcommittee to
contact for activation (upon trigger being met for
activating the insurance community liaisons).
Make available for distribution/publication written
material explaining how to prepare claims. Prepare for
it to be made available through the Internet and the
command post and field office(s).
Establish procedures/protocol for deactivation of
command posts.
319
Responsible
Person(s)
Preparation Tasks
Section I.
Before the Disaster
Task Description
1)
Determine desired hotline physical location (recommend
location in insurance department headquarters).
2)
Establish protocol for determining when TDD lines are
needed.
3)
Link field offices and enable the hotline to be able to
channel calls to/from field offices. (Cellular phones or
web links should be used with field offices until those
offices are made operational with wired phone links.)
Seek assistance from the Logistics Task Group.
4)
Determine alternate designated facility capable of
immediate activation in case the insurance department
central facility is damaged by the disaster.
5)
Determine hardware necessary for the hotline (e.g.,
have phone lines transferred to temporary office space,
if necessary).
6)
Determine when to activate the hotline (e.g., when
disaster is declared, when current toll-free lines are
overloaded, etc.) and when to deactivate.
7)
Determine whether or when to add additional lines, and
if so how many (e.g., based on the number of calls
received, length of queuing time, etc.).
8)
Establish protocols for how the hotline will function,
including shifts worked, hours of operation, and
structure (e.g. appoint a team leader for each shift).
These decisions should be determined locally and
depend on current disaster need, but protocols should
be established to help in aiding decision-making when
activation occurs.
9)
10)
11)
Note: The prior NAIC Disaster Response Plan
recommended 24-hour hotline activation with
volunteers serving 4-6 hour shifts. Florida’s experience
after Hurricane Andrew was that 8 a.m.—7 p.m. was
sufficient (no value added for longer hours). Weekends
may be optional, depending on need.
Determine whether to accept industry or community
volunteers or multi-lingual hotline staff, if long-term
duration seems necessary.
Create list of individuals who will be designated to staff
the hotline, as well as coordinate with the Volunteer
Recruitment and Training Task Group for additional
volunteers if necessary.
Establish notification method for hotline staff such as:
• Insurance department Intranet or Internet notice;
• Automated voice mail dial-in notice; or
• Phone tree.
320
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
Before the Disaster
Task Description
12)
Coordinate with the Volunteer Recruiting and Training
Task Group regarding a general information kit on:
• Claims handling process;
• FAQs about auto; homeowners, life insurance;
• Commonly used policy forms (e.g., top 5 or 10
insurers and ISO’s forms); and
• Coverage information related to state-specific perils
(e.g., hurricane, earthquake, etc.).
13)
Contact the Insurance Department Planning
Subcommittee regarding the insurance community
liaisons to compile and maintain a current list of:
• Top 5 or 10 property and casualty insurers in the
state;
• Their disaster coordinator/representative;
• Their contact numbers, web site addresses.
14)
Compile and maintain a list of phone
numbers/contacts/web sites for non-insurance
referrals. (See Appendix 1 for examples.)
15)
Develop procedures to:
• Publicize the hotline once activated;
• Have local or regional emergency management
agency phone numbers to contact and advise of toll
free insurance assistance number and web site
address (update this list annually);
• Publicize in other ways (press releases, public
service announcements, etc.). Work with Media
Relations Task Group.
16)
Determine whether the insurance department will
accept other means of communications from consumers
(fax, e-mail, and department web site) and establish
logistics accordingly. Coordinate with the Logistics Task
Group.
321
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
1.2e
Before the Disaster
Task Description
1)
Develop and maintain a list of all press/media outlets
(both print and electronic, including newspapers and
broadcast media).
Update appropriate contact information (names, addresses,
phone numbers, email addresses, web sites).
2)
Work with the Command Post Task Group and field
office location personnel to ensure that each insurance
department location has an individual specifically
trained and prepared to answer questions at town
meetings and other informational gatherings. These
individuals would brief the press and then act to
supplement information provided through the media
and other sources on how to quickly and effectively
prepare insurance claims information.
3)
Produce and distribute brochures on disaster
preparedness (in conjunction with such materials
already produced by emergency management agencies,
the insurance industry, etc.).
4)
Establish procedures for the flow of information
between the Combined Resources Subcommittee and all
other task groups.
322
By
Date
Responsible
Person(s)
Preparation Tasks
Section I.
1.2f
Before the Disaster
Task Description
1)
Recruit, identify and confirm list of insurance
department disaster response volunteers, including:
• Name;
• Title;
• Unit;
• Home/work phone numbers;
• Home/work address;
• Home/work email address;
• Area of expertise, etc.
2)
Update volunteer pool list and contact information.
3)
Interview volunteers:
• Availability status (i.e., who can be ready on a
moment’s notice versus those who may need to
make arrangements to be away);
• Multi-lingual abilities;
• Strengths and weaknesses;
• Disaster training and/or prior experience;
• Current insurance expertise;
• Volunteer interests for disaster duty (e.g., field
duty and/or consumer hotline duty).
4)
Establish training requirements, including:
• Who should be trained:
Command post staff;
Field staff;
Hotline staff, etc.
• What training should be received:
Counseling disaster survivors;
Conflict resolution;
Listening skills;
Insurance related;
Fraud identification training;
Public speaking.
• When training should occur:
Ongoing;
Periodically repeated;
Crash review course within 72 hours of
disaster.
5)
Develop customized internal insurance department
disaster training.
6)
Identify existing training opportunities:
• Emergency management agencies:
Local;
State;
Federal.
• Insurance industry.
323
By Date
Annually
or prior to
any
known
“season—
i.e.,
hurricane”
Annually
Responsible
Person(s)
Task Description
7)
Coordinate with the Consumer Information Hotline Task
Group regarding a general information kit on:
• The claims handling process;
• Frequently-asked-questions about auto, homeowners,
life insurance;
• Commonly used policy forms (e.g., top 5 or 10 insurers
and ISO’s forms);
• Coverage information related to state-specific perils
(e.g., hurricane, earthquake, etc.);
• Command post and/or field office contact information.
Provide written materials to the Command Post Task Group for
distribution/publication.
8)
Recruit, identify and confirm the list of insurance
department consumer hotline volunteers, including:
• Name;
• Title;
• Unit;
• Home/work phone numbers;
• Home/work address;
• Home/work email address;
• Area of expertise.
9)
Update regularly.
Determine whether insurance department would accept
industry or community volunteers for hotline and, if so,
set protocols for activating such volunteers (e.g., if
disaster is long-term, if multi-lingual volunteers are
needed, qualified person retired from insurance
department, etc.).
324
By Date
By X date
annually,
preferably
prior to
state’s
“disaster”
season
Responsible
Person(s)
Preparation Tasks
Section I.
1.2g
Before the Disaster
Task Description
1)
Coordinate with Volunteer Recruiting and Training Task
Group to develop seminar/course regarding the
identification of potential market conduct, solvency
issues, or fraud.
2)
Report to the Executive/Policymaking Committee
regarding marketplace availability and affordability
issues for deciding when the market assistance plans
may be activated.
325
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.
Task Description
1)
Establish a schedule and hold regular briefings with
appropriate representatives from the Insurance
Department Planning Subcommittee, the Combined
Resources Subcommittee and all task groups.
2)
Oversee and receive reports form the various task
groups designated to implement assigned disasterrelated activation duties and work with task groups to
resolve any concerns/issues that arise.
3)
Give directive to activate documentation and statistical
reporting procedures pursuant to Section 24A of the
Statistical Handbook of Data Available to Regulators
(NAIC). (Appendix 7)
4)
Evaluate trigger activations.
326
By Date
Ongoing
throughout
disaster
Responsible
Person(s)
Activation Tasks
Section II.
2.1
Task Description
1)
Communicate regularly with the Executive/Policymaking
Committee.
2)
Monitor the activation and status of the insurance
community liaisons, the insurance disaster assessment
team, the emergency licensing of adjusters, the exceptions
to common settlement practices, mediation program, and
the issuance of State Emergency Response Team (SERT)
badges (if applicable).
327
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.1a
Task Description
1)
Evaluate the most recent exposure data to identify
companies whose customer base is greatest and is
considered to be at high risk in impacted areas.
2)
Activate insurance community liaisons of affected
insurance companies and notify primary or secondary
contact persons (e.g., via teleconference).
3)
Solicit and evaluate coverage data and loss statistics
on an ongoing basis. Compile data from the insurance
community liaison disaster reporting form.
4)
Distribute aggregate industry data to appropriate
parties. Compile data from the insurance community
liaison disaster reporting form.
328
By Date
Immediate
Responsible
Person(s)
Activation Tasks
Section II.
2.1b
Mediation Program
Task Description
1)
Monitor claims payment/settlement information to
determine the need to activate a Mediation program
(from the insurance community liaison disaster
reporting form).
2)
Monitor consumer complaints to determine the need to
activate a mediation program.
329
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.1c
Task Description
1)
Initiate and authorize notification to insurers of
exceptions to common settlement practices as dictated
by the disaster.
2)
Work with industry to resolve problems/issues, or agree
on new exceptions as the need arises.
330
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
Task Description
1)
Solicit and evaluate information from appropriate task
groups regarding the need to activate the state’s market
assistance plan.
331
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.1e
Task Description
1)
Tour the affected area(s) as soon as possible to
evaluate the damage and provide initial estimates, as
well as estimates of the number of adjusters needed.
2)
Work with insurance industry and local/state/federal
agencies to resolve any concerns/issues that arise.
332
By Date
Ongoing
throughout
disaster
Responsible
Person(s)
Activation Tasks
Section II.
2.1f. Emergency Licensing of Adjusters
Task Description
1)
Authorize the activation of procedures for emergency
licensing of adjusters if needed. (When triggers are met
and a decision has been made to activate this process.)
2)
Update/authorize the list of emergency licensed
adjusters and distribute to designated insurance
department staff.
333
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.1g. Early Access for Adjusters
Task Description
1)
Notify insurers that adjusters with the State Emergency
Response Team (SERT) badges may enter the disaster
area(s) and remind industry what identification will be
needed to enter affected area(s) on an early basis (as soon
as the insurance department is notified by an emergency
management agency that SERT adjusters may be
activated and assuming that SERT badges have been
issued to adjusters.)
334
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.2
Task Description
1)
Communicate with task groups and report to the
335
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.2a
Task Description
1)
Implement all necessary technical requirements
requested by other task groups.
2)
Respond to and resolve logistical and technical issues
that arise with Disaster Response Plan activation
duties (as needed).
3)
Activate all implementation plans as dictated by
magnitude of the disaster.
4)
Document implementation issues for future reference
and planning.
5)
Report to the Combined Resources Subcommittee.
336
By Date
As
necessary
Responsible
Person(s)
Activation Tasks
Section II.
2.2b
Task Description
1)
Activate all communications with designated
representatives.
2)
Contact NAIC zone disaster response coordinators and
alternate zone disaster response coordinators to
coordinate needs, information, etc.
3)
Identify and report known resource needs which may be
addressed by other organizations.
4)
Solicit and review information regarding any requests
for or offers of assistance from other states. Observe
Emergency Management Agency Compact (EMAC)
process, if requesting/offering states are EMAC
members, or work with the state directly.
5)
Report regularly to the Combined Resources
Subcommittee.
337
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.2c
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
Task Description
Determine whether the disaster dictates activating
the command post and if so, designate location,
staffing, etc., using previously accepted triggers to
guide decision-making.
Establish the necessary number and locations of
temporary disaster field offices, following the
occurrence of a disaster (may be in an existing state
or federal office). Notify Logistics Task Group to set
up command post, logistics and technical
requirements.
Coordinate the placement of insurance department
staff and insurer representatives in the affected
areas as soon as possible.
Cooperate with the appropriate federal and state
agencies and the insurance industry concerning
early damage assessment and granting insurance
professionals the earliest possible access to the
disaster site.
Receive feedback on location and scope of the
disaster from appropriate sources in the field.
Determine whether insurance community liaisons
and/or other industry representatives should be
present in the command post and if so, notify
primary and/or secondary contacts.
Determine the number of insurance department
personnel needed to staff the command post and
any insurance department satellite and/or
temporary field offices and request accordingly.
Continue to assess the scope of the disaster and
provide resources necessary to implement and carry
out the Disaster Response Plan.
Communicate useful information to local, state
and/or federal emergency management personnel
and consumers in affected area(s) via insurance
department satellite and/or temporary field offices
or by other means.
Receive status reports from insurance department
satellite and/or temporary field offices and monitor
their activities.
Report to the Combined Resources Subcommittee.
338
By Date
Disaster
declared
Ongoing
during the
disaster
Daily
As needed
Responsible
Person(s)
Activation Tasks
Section II.
Task Description
1)
Staff and activate the hotline at an appropriate
location as directed by the Executive/Policymaking
Committee or Combined Resources Subcommittee.
2)
Request activation of other communication options
(if needed).
3)
At the direction of the Combined Resources
Subcommittee, set hotline hours of operation.
4)
Notify hotline volunteers of duties and shifts.
5)
Distribute hotline kit materials from the Voluntary
Recruiting and Training Task Group to
staff/volunteers.
6)
Provide regular reports to the Combined Resources
Subcommittee regarding the need for additional
lines.
7)
Notify the Combined Resources Subcommittee of the
need for additional volunteers or volunteers with
multilingual skills.
8)
Monitor and track the types and nature of disasterrelated calls and provide information to command
post for appropriate dissemination.
9)
Coordinate with the Volunteer Recruiting and
Training Task Group to ensure that volunteers
receive a refresher course prior to hotline activation
and on an ongoing basis as warranted.
339
By Date
Immediate
Responsible
Person(s)
Activation Tasks
Section II.
2.2e
Task Description
1)
Provide guidance or qualified speakers to address
issues raised at town meetings.
2)
Distribute press releases, public service
announcements, and other advisory information to
units of the government throughout the disaster area so
they may reproduce them for local residents if desired.
(Contact the NAIC for assistance in bulk reproduction, if
necessary.)
3)
Work with the Consumer Information Hotline Task
Group to publicize the hotline.
4)
Maintain constant communication with the command
post and insurance department satellite and/or
temporary field office(s) to coordinate information flow
so that information supplied to media is consistent,
accurate, and timely.
5)
Provide any media needs throughout the disaster.
340
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
2.2f
Task Description
1)
Determine from the Executive/Policymaking
Committee and/or Consumer Information Hotline
Task Group whether the volunteer pool should be
activated, and for which volunteers (i.e., command
post, field duties, hotline duties, or all).
2)
Discuss insurance department volunteer status with
appropriate managers to ensure that internal staffing
needs are still being met if volunteers participate in
disaster activities.
3)
Determine from Combined Resources Subcommittee
whether industry and/or community volunteers are
needed.
4)
Notify activated volunteers according to previously
established notification protocol.
5)
Assure that volunteer kits contain all necessary
supplies.
6)
Work with the Logistics Task Group to ensure that
volunteers have all the logistical/technical equipment
necessary and that all equipment is in working order
(e.g., cell phones, laptops, pagers, etc.).
7)
Provide volunteers with refresher courses, if
necessary.
8)
Monitor volunteer activity and provide additional
training, volunteer replacements, etc., as needed.
9)
Report volunteer pool information and status to the
command post.
10)
Collect information from field staff and report to:
• Executive/Policymaking Committee,
• Combined Resources Subcommittee,
• Volunteer groups going to the field.
341
By Date
Daily or
as
necessary
Responsible
Person(s)
Activation Tasks
Section II.
2.2g
Task Description
1)
Participate in meetings held by the Command Post
Task Group, Consumer Information Hotline Task
Group and others to solicit feedback regarding
potential market response issues.
2)
Document findings and initiate appropriate research
or investigation as appropriate (see insurance fraud
indicators listed in Section 1.2g).
3)
Recommend action to the Executive/Policymaking
Committee, insurance department insurer solvency
unit, or legal unit.
342
By Date
Ongoing
As
necessary
Responsible
Person(s)
Activation Tasks
Section II.
3.
Task Description
1)
Coordinate debriefing meetings with key industry
representatives.
2)
Conduct debriefing of all Executive/Policymaking
Committee members, Insurance Department Planning
Subcommittee and Combined Resources Subcommittee
members to document suggestions for improvement to
the Disaster Response Plan.
3)
Ensure that documentation and statistical reporting
procedures are completed pursuant to Section 24A of
the Statistical Handbook of Data Available to Regulators
(NAIC) (Appendix 7).
4)
Participate in any legislative or rule-making process
that develops from the disaster event.
5)
343
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.1
Task Description
1)
Attend debriefing with the Executive/Policymaking
Committee.
2)
Evaluate success of the insurance community liaisons,
the insurance disaster assessment team, the emergency
licensing of adjusters, the exceptions to common
settlement practices, and the mediation program, and
formulate any needed plan improvements.
3)
Compile and summarize reports, documents and
statistics submitted by the insurance community.
4)
Coordinate the distribution of data to the public in
conjunction with state confidentiality law.
344
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.1a
Task Description
1)
Solicit input regarding the success of the insurance
department in activating and communicating with the
insurance community liaisons during the disaster.
2)
Review comments and update procedures as needed.
345
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.1b
Mediation Program
Task Description
1)
Activate program and notify insurance industry that
activation has occurred.
2)
Publicize program so that consumers are aware of its
existence.
3)
Monitor program activity.
4)
Evaluate program success and need for continuance.
5)
346
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.1c
Task Description
1)
Hold debriefing meetings regarding exceptions to
practices to evaluate success.
2)
347
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
Task Description
1)
Determine whether market assistance plans should be
activated and determine scope.
2)
3)
4)
5)
6)
Recommendation: A market assistance plan may be
considered if a disaster disrupts the operations of the
state’s normal voluntary insurance markets to a
significant extent. Information that might lead
insurance regulators to conclude that market
assistance plans should be established would include a
significant increase in the number of complaints about
the availability of insurance coverage being sought by
consumers or businesses.
Submit market assistance plan proposals to the
Commissioner/Director for approval and
implementation (by rule or other procedure if
necessary).
Monitor the market assistance plan’s activity.
Evaluate the market assistance plan’s success.
Deactivate the market assistance plan as determined by
pre-established protocols.
348
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.1e
Task Description
1)
Debrief team members and volunteer pool participants
and provide recommendations for improvement to the
Insurance Department Planning Subcommittee.
2)
Conduct formal debriefing with the Insurance
Department Planning Subcommittee.
3)
Evaluate insurance disaster assessment team
procedures.
349
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.1f
Task Description
1)
Evaluate execution of the emergency licensing
procedures.
2)
Make recommended changes as necessary.
350
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.1g
Task Description
1)
Evaluate execution of State Emergency Response Team
(SERT) badges (if applicable).
2)
Make recommended changes as necessary.
351
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.2
Task Description
1)
Conduct a formal debriefing following any disaster
where the Combined Resources Subcommittee action
plans are activated. This may be in addition to or in lieu
of a bi-annual meeting (or other scheduled meeting).
2)
Receive reports from the task groups as to status,
ongoing needs and concerns, and suggestions for future
improvement to the Disaster Response Plan.
3)
Host a fact-finding meeting to assess the effectiveness of
advanced preparations.
4)
Recommend appropriate amendments to the Disaster
Response Plan.
5)
352
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.2a
Task Description
1)
Debrief task group members and working staff.
2)
Provide recommendations for improvement to the
Combined Resources Subcommittee.
3)
Verify inventory and condition of information technology
resources.
4)
Provide damage assessment or loss reports to the
5)
Deactivate any temporary systems as conditions dictate.
6)
Review and update procedures.
353
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.2b
Task Description
1)
Conduct a formal debriefing to document outstanding
and/or closed issues.
2)
354
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.2c
Task Description
1)
Deactivate the command post and satellite/temporary
field office(s) as determined by pre-established protocols.
2)
Notify all appropriate parties of deactivation when preestablished triggers are met, or when the
Commissioner/Director determines what is no longer
necessary.
3)
Conduct debriefing of all command post participants,
satellite and/or temporary field staff personnel, and
provide recommendations for improvement to the
4)
355
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
Task Description
1)
Deactivate the hotline when pre-established protocols
are met or the Commissioner/Director determines it is
no longer necessary.
2)
Coordinate with the Media Relations Task Group to
publicize deactivation of the hotline.
3)
Debrief task group members and volunteer pool
participants.
4)
5)
356
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.2e
Task Description
1)
Conduct debriefing of the task group, media contacts
and others affected by the task group’s activities.
2)
3)
Publish statistics as directed by the
4)
357
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.2f
Task Description
1)
Debrief the task group members and volunteer pool
participants and provide recommendations for
improvement to the Combined Resources
Subcommittee.
2)
Update the volunteer kits according to debriefing
recommendations.
3)
358
By
Date
Responsible
Person(s)
Activation Tasks
Section II.
3.2g
Task Description
1)
Conduct or participate in debriefing meetings of
appropriate task groups to further document market
response issues.
2)
Document findings and recommend action to the
Executive/Policymaking Committee, insurer solvency
unit or legal unit, as warranted.
3)
359
By
Date
Responsible
Person(s)
DRP - P P - 0 3
ISBN# 0-89382-931-5
4/22/2003

Free PDF - National Association of Insurance

Transcription

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