Letter to David Paulison, Administrator of FEMA, and David I. Maurstad, Assistant Administrator, Mitigation, of FEMA, Re: Proof of Loss Waiver

Letter

Harkin requests proof of loss waiver for Iowans with flood insurance

Senator Tom Harkin (D-IA) joined senators from other Midwestern states, including Senator Chuck Grassley (R-IA), today in asking the Federal Emergency Management Agency (FEMA) to waive the filing deadline for claims for flood-insured buildings in Iowa, Illinois, Indiana, Missouri, Kansas, and Wisconsin that were damaged by the recent flooding. FEMA requires those with flood insurance to submit a Proof of Loss (POL) as part of their claim package within 60 days of the loss. Though a 60 day extension has already been granted, there is recent precedent for granting a waiver to ensure those affected do not have to go through additional steps to receive their claim.

The letter also expresses concern that the additional time will not be enough because a POL is typically submitted by an insurance adjuster and due to the widespread loss across the Midwest, there are simply not enough qualified adjusters to handle this many requests.

"Iowans affected by the floods have enough to deal with and by removing one additional bureaucratic barrier we can hopefully get them their insurance claims more quickly," said Harkin. "This type of waiver was granted for residents in hurricane-ravaged states, including those affected by Hurricane Katrina, and Iowans deserve the same treatment. The federal government needs to step up and show they are an equal partner in helping Iowans recover."

A copy of the letter is below.

September 5, 2008

R. David Paulison
Administrator
Federal Emergency Management Agency
500 C Street, NW
Washington, DC 20472Washington, DC 20472

David I. Maurstad
Assistant Administrator, Mitigation
Federal Emergency Management Agency
500 C Street, NW
Washington, DC 20472

Dear Administrator Paulison and Assistant Administrator Maurstad:

Thank you for the recent 60-day extension of the Proof of Loss (POL) filing deadline for claims for flood-insured buildings in the States of Iowa, Illinois, Indiana, Missouri, Kansas, and Wisconsin damaged by flooding starting on June 6, 2008. While this extension is much-needed by our constituents who have suffered from the flooding, we are concerned that this additional 60 days will still not be enough time for many of our constituents to meet the POL filing requirements. It is our hope that we can do everything possible to assist our constituents in recovering their insured losses in the most expeditious manner possible. As such, we respectfully request a Waiver, rather than an extension, of the POL requirement.

As you know, a POL is not submitted by the impacted individual until after an estimate and report are completed, typically by an insurance adjustor. Due to the widespread losses as a result of the recent Midwest flooding, we feel there is no question that there will be a shortage of qualified adjusters available to these impacted families and individuals. The sheer magnitude of flooding in these Midwestern states will stretch thin the number of qualified adjusters. The adjuster availability problem will inevitably result in a delay in the inspection of the damaged property and the adjustment of the claims.

In addition, many of our impacted constituents have so much to deal with related to the floods, and meeting one more bureaucratic deadline is simply too easily overlooked as families try to rebuild their lives. These are families that have flood insurance, and did everything right in preparation of disasters like the recent flooding. A Waiver of POL requirements would enable insured families and individuals to receive their payments faster, and also provide additional time to file POLs for those who may disagree with the adjuster's estimate and need more time to submit their own repair estimate. We feel that a Waiver of the POL requirement will help show that the government is a partner during these tough times, and not a barrier.

As you recall, there is recent precedent for the granting of a Waiver of the POL requirement. In 2004, FEMA granted a Waiver of POL requirements for those states impacted by Hurricanes Charley, Frances, and Ivan. In 2005, FEMA granted a Waiver of POL requirements due to Hurricane Katrina. Given the magnitude of the Midwest Floods of 2008, our constituents are facing many of the same challenges that were faced in these previous disasters, and we feel a Waiver of the POL requirement is just as necessary.

Again, we respectfully request that you waive the POL requirement, which would help our insured constituents recover from these unprecedented disasters. If you or your staff have questions, or would like to discuss further, please feel free to contact Richard Bender in Senator Tom Harkin's office at 202-224-3254. Thank you for your consideration of this request, and we look forward to hearing from you soon.

Sincerely,

Tom Harkin
United States Senator

Richard J. Durbin
United States Senator

Sam Brownback
United States Senator

Russell D. Feingold
United States Senator

Barack Obama
United States Senator

Chuck Grassley
United States Senator

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