Massachusetts Hurricane Insurance Coverage

Massachusetts Homeowner’s Insurance Coverage for Hurricane Damage

Although Massachusetts was spared a direct hit by Hurricane Sandy, there are widespread reports of flooding and property damage. Whether the damage to your home from Hurricane Sandy is covered by your homeowner’s insurance policy depends on the source of the damage. Typically, damage caused by wind, downed trees and power outages are covered. However, flooding caused by rain or surface water is typically not covered. I will explain each below.

Wind Damage/Downed Trees

The standard Massachusetts homeowners insurance policy typically covers damage caused by wind — including broken windows, torn roofs and any interior damage from trees or limbs falling into the home. (If a tree falls onto a car, many comprehensive auto policies will cover the damage.)

Some policies, however, require that homeowners pay a hefty deductible before homeowners’ insurance policies kick in for wind damage — often 1% to 5% of the total amount the home is insured for.

Power Outages

The hurricane has left hundreds of thousands of Massachusetts customers without power. Homeowners’ insurance policies typically cover any property damage caused by electrical outages due to a hurricane. Some policies will even reimburse you for spoiled food.

Flooding and Water Damage

Flooding — defined by insurers as any water that rises from the ground or from the sky, including tidal waves — is typically not covered by Massachusetts homeowner’s insurance policies. If your home has flooded due to coastal ocean storm surge, rising streams, ponds or wetlands or from surface water, your homeowner’s policy will unfortunately likely not cover the damage.

To get reimbursed for hurricane flooding damage, homeowners would have already secured federal flood insurance. The average flood premium is about $600 annually, but rates go up to nearly $6,000 for the highest-risk coastal properties, according to the National Flood Insurance Program.

Homeowners who live in flood zones usually have flood insurance already: Many lenders won’t provide these home buyers with a mortgage unless they’ve signed up for flood coverage. These homeowners can rest (relatively) easy; if their home floods, flood insurance will pay for that damage. Those unlucky homeowners in the interior parts of the state aren’t so lucky.

Condominiums

Hurricane damage to condominiums raise special concerns. The coverages are typically the same as outlined above, however, there is usually a question as to whether the master condominium insurance policy or the HO-6 homeowner policy will be the primary policy in play. That depends on whether the damage originates from a common area or inside a unit and the particular provisions of the master deed and by-laws.

Serious Damage

If a home becomes so damaged that it’s uninhabitable, most standard homeowner policies will pay for a family’s living expenses — including lodging and food — while the house is being repaired.

Making An Insurance Claim

As with any insurance damage claim, my advice has always been document, document, document. Take photos and video of the damage. Keep all receipts for fans, blowers, wet vacs, sump pumps, repairs, new windows, etc. Be prepared to wait for the insurance companies to process the thousands of claims arising from Hurricane Sandy.

Liability For Fallen or Downed Trees

Given all the trees and branches which fell across New England, the pressing question of the day is, clearly, who is responsible if my neighbor’s tree or tree branch fell on my house, car, shed, patio, grill, etc. during the storm?

Under Massachusetts law, an owner of a healthy tree which falls during a hurricane or storm is generally not liable for any damage because the law considers this an “act of nature” for which no one is legally liable. Thus, if your neighbor’s tree has fallen on your house or car, you will have to make a claim under your and/or your neighbor’s homeowner’s insurance policy for the damage.

On the other hand, if the neighbor’s tree was diseased or decayed, was known to be at risk of falling and the neighbor ignored it, there could be negligence and liability. Either way, if you have homeowner’s insurance, the insurance companies will sort out fault and blame.

Local Insurance Claims Numbers

Acadia Insurance (800) 691-4966
AIG (Global Energy) (877) 743-7669
Chartis (formerly AIG) Private Client Group 888-760-9195
Andover Companies: Cambridge Mutual & Merrimack Mutual (800) 225-0770
Chubb Group (800) 252-4670
Commerce (800) 221-1605
Fireman’s Fund (888) 347-3428
Great American (888) 882-3835
Guard Insurance Group (888) 639-2567
Hanover Insurance (800) 628-0250
Hartford Insurance (800) 327-3636
Hingham Mutual (After hours claims) (800) 972-5399
Mass. Property Insurance Underwriting (800) 851-8978
Trident (After hours claims) (800) 288-2502
Tower (877) 365-8693
Quincy Mutual (800) 490-0047
Safety Insurance (800) 951-2100
Selective Insurance (866) 455-9969
Splash Program (Emergency Pollution related claims) (866) 577-5274
Splash Program (Emergency Non-Pollution related claims) (800) 746-3835
Travelers Personal lines:
(877) 425-2466
Commercial:
(800) 832-7839
Utica National (800) 216-1420
Vermont Mutual (After hours claims) (800) 445-2330
Zurich/Maryland (800) 565-6295

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Richard Vetstein is a Massachusetts real estate attorney. If you have any property damage questions, please contact him at [email protected].

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Tree down in Andover, Mass. Courtesy Boston.com

Read our post on Hurricane Sandy Aftermath Here

Massachusetts Fallen Tree Law

Given all the trees and branches which fell across New England, the pressing question of the day is, clearly, who is responsible if my neighbor’s tree or tree branch fell on my house, car, shed, patio, grill, etc. during the storm?

The short answer is that, legally speaking, your neighbor is not liable for a healthy tree falling down during a major storm event. That is considered an “Act of God” for which no one is legally liable (except God of course, but I think he enjoys some type of legal immunity–I’m not sure, I’ll have to research that one). So, you will have to make a claim under your homeowner’s insurance policy for the damage caused by the neighbor’s tree.

As the court stated in the 1983 case of Ponte v. DaSilva:

The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor’s property is not unreasonable and cannot be the basis of a finding of negligence or private nuisance. Of course, a neighbor has the right to remove so much of the tree as overhangs his property. To impose liability for injuries sustained as a result of debris from a healthy tree on property adjoining the site of the accident would be to ignore reality, and would be unworkable. No case has been brought to our attention in which liability has been imposed in such circumstances

On the other hand, if the neighbor’s tree was diseased or decayed, was known to be at risk of falling and the neighbor ignored it, there could be negligence and liability. Either way, if you have homeowner’s insurance, the insurance companies will sort out fault and blame.

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Hurricane Irene Damage, Maryland (courtesy David Yarkin)

If It’s Wet, It’s Probably Not Covered. If It’s Wind, It Is Probably Covered.

What Type of Hurricane Damage Is Covered Under A Massachusetts Homeowners Insurance Policy?

I’m writing this post as I watch Hurricane Irene bore down on Massachusetts, scattering my lawn with tree branches and flickering my lights. My Facebook stream is filling with reports of power outages and basement flooding, but luckily I’ve been spared (for now). *Check that–we’ve had no power since 11am on Sunday, a live wire down on our street, and not an NStar crew to be found anywhere!

Being the dorky real estate attorney that I am, I naturally thought to myself, what type of hurricane damage, if any, is covered under a standard Massachusetts homeowner’s insurance coverage? Well, after some research the short answer is that if it’s wet, it’s probably not covered, but if it’s wind, it is probably covered.

Flooding and Water Damage

Flooding — defined by insurers as any water that rises from the ground or from the sky, including tidal waves, as well as destruction from rapid snow melts — aren’t covered by Massachusetts homeowner’s insurance policies. So the flooded basements from all this rain is likely not covered.

To get reimbursed for water damage, homeowners would need additional flood insurance, which is provided by the federal government but can be purchased through an agent or insurance company. The average flood premium is about $600 annually, but rates go up to nearly $6,000 for the highest-risk coastal properties, according to the National Flood Insurance Program.

Homeowners who live in flood zones probably have flood insurance already: Many lenders won’t provide these home buyers with a mortgage unless they’ve signed up for flood coverage. These homeowners can rest (relatively) easy; if their home floods, flood insurance will pay for that damage. Those unlucky homeowner’s in the interior parts of the state aren’t so lucky.

Wind Damage/Downed Trees

Basic homeowners insurance policies do, however, typically pay for damage caused by winds — including broken windows, torn roofs and any interior damage from water falling into the home. Likewise, if strong winds blow tree limbs or entire trees onto a home, garage or shed, it’s likely covered. (If a tree falls onto a car, many comprehensive auto policies will cover the damage.)

But in many states on the East Coast, homeowners may have to pay a hefty deductible before homeowners’ insurance policies kick in for wind damage — often 1% to 5% of the total amount the home is insured for.

Serious Damage

If a home becomes so damaged that it’s uninhabitable, most standard homeowner policies will pay for a family’s living expenses — including lodging and food — while the house is being repaired.

Making A Claim

As with any insurance damage claim, my advice has always been document, document, document. Take photos and video of the damage. Keep all receipts for fans, blowers, wet vacs, sump pumps, repairs, new windows, etc. Be prepared to wait for the insurance companies to process the thousands of claims arising from Hurricane Irene. And of course, stay safe!

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