New York State commenced a new program that will reimburse homeowners for damage caused by sliding earth and soil due to recent storms and hurricanes, Governor Andrew M. Cuomo announced on Saturday.
The New York State Housing Recovery Program will fully compensate those affected by Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy for repairs to "earth movement" damage, which is typically excluded from homeowners coverage and also ineligible for coverage under a National Flood Insurance Program policy, even if the movement is directly caused by flooding.
Earth movement perils include landslide, mudflow, earth sinking, rising or shifting and earthquake.
"Over the last few years, we experienced three once-in-a-century storms that wreaked an unprecedented level of devastation in communities across the state," Cuomo said on Saturday. "While we have made much progress in recovering from Irene, Lee and Sandy, many New Yorkers are still left without a place to call home and limited resources to rebuild due to National Flood Insurance Program regulations, which state that homes damaged by 'earth movement' are not covered."
According to Florida-based public adjustment firm Tutwiler & Associates, some Sandy victims experienced foundation damage due to their homes wallowing in four or more feet of water, with each gallon applying eight pounds of pressure onto concrete slabs.
Cuomo promised that the state will be responsible for bridging the "unfair gap in coverage." Questions to the governor's office regarding the program's cost and source of funding were not answered.
"There are engineering designs that can lessen the likelihood or severity of this problem, but earth movement it not all that common relative to the types of claims usually experienced in floods," says Robert Hartwig, president of the Insurance Information Institute (I.I.I.), in an email to PC360 confirming that earth movement is a common exclusion in homeowners and commercial-insurance policies.
"Like you, I've not come across too many details [of the program]—including how this will be funded," says Hartwig, who adds that the state's decision to pay uninsured losses is "an entirely political one."
In addition to the housing-recovery program, The Office of Storm Recovery, which Cuomo created in June 2013, will work with communities to determine how resiliency measures can help prevent future damage from earth movement.
In April, the U.S. Department of Housing and Urban Development (HUD) and New York State allocated $1.7 billion of federal disaster funds towards housing, infrastructure and business recovery in communities affected by Hurricane Sandy.
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