Representative John Smithee, (R) Amarillo, has introduced HB911, which would, if passed and signed by the governor, cause the price of windstorm insurance - required of all coastal property owners - to soar by as much as 60 percent. Additionally, it wouldn't cover nearly as much and for certain properties, it would not be available at all.

Smithee is the Chairman of the House Committee on Insurance. He cites a need to replenish the Texas Windstorm Insurance Association, the state risk pool, after the onslaught of Hurricanes Katrina and Rita in 2005, and Ike in 2008. The Association became the only insurer available for millions of coastal Texans after many insurers pulled out of windstorm coverage after the hurricanes.

The Texas Windstorm Insurance Association currently carries 215,537 policies totaling $58.6 billion in exposure. According to a December 2008 Texas Windstorm Insurance Association status statement, 43,079 of those policies are in Nueces County, with a total exposure of $11.4 billion.

House Bill 911 would, among other things:*

• Assess windstorm insurance rates based on geographical location, meaning coastal residents would pay more than inland residents. Rates could go up 60 percent for current coastal policy holders.
• Require coastal homeowners to purchase federal flood coverage.
• Cap windstorm insurance coverage at $250,000 per residence (homestead), well below the current $1.7 million cap, leaving thousands of homes uninsurable to their current value.
• Exclude coverage for rent houses, second homes, condominiums, apartments or other multi-family units.
• Decrease the maximum coverage for commercial buildings from $4.1 million to $1 million.
• Decrease the maximum coverage for government structures, such as schools and courthouses, from $4.1 million to $2.1 million, meaning those entities would have to use tax dollars to purchase more expensive, private insurance, if it's available, to make up the difference.
• Create a 60-day waiting period before losses could be sought, as opposed to current policy, which prevents new coverage once a hurricane is in the Gulf of Mexico.

* Source: House Bill 911 and an analysis from the Galveston Windstorm Action Committee Inc.

I have no problem with higher premiums for coastal policyholders. That is simply accurate underwriting. Happens in all types of insurance. But don't be fooled. If rates go up at the coastal states, they will rise state-wide. Texas is a windy state.

But that's where my agreements end. The rest of this bill is trash.

Here are the elements of the bill I oppose:

Caps on windstorm coverage - Don't cap coverage, charge the proper premium amount for the risk.

Requiring coastal property owners to buy Federal Flood insurance - it's tyranny to force a property owner to insure for flood. If the owners want to remain uninsured, it is their right. That doesn't mean a lienholder could not require flood insurance as a requirement for a mortgage. But that is a collateral protection issue. The federal government does not have a security position in a homeowner's property without some mortgage in place (Freddie Mac, Fannie Mae, VA loans, etc.) To require flood insurance is a violation of property rights.

Excluding coverage for non-homestead dwellings, rental homes, apartments and condos - what kind of idiocy is this? There are millions of second homes, rental houses, condos and apartment buildings in the 14 coastal Texas counties. How would making them uninsurable help the situation?

The 60-day "deductible." Texas law now states that, once a hurricane or named storm enters the Gulf of Mexico, new coverage cannot be purchased. But those storms usually make landfall, if at all, within a few days. In addition, in the peak of the hurricane season, storms are seldom 60 days apart. Look at Katrina and Rita, about 30 days apart. This proposal hurts Texans.

Smithee is from Amarillo, a city over 650 miles from the Texas Gulf Coast. That's a distance equal to the distance from New York to Charlotte, North Carolina. I know that's somewhat obscure, but this nut case is a long way from the water. It illustrates just how far out of touch with reality he is.

So, if a bunch of insurers have stopped writing windstorm coverage in Texas, and the Texas Windstorm Insurance Association is the insurer of last resort for many Texans, where are they supposed to go to get insured to value?

This kind of legislative nonsense could bring the Coastal economies to a screeching halt. Lenders would stop lending on properties that could not be insured to value. Insureds with losses could lose everything.

Texans, both inland and coastal, need to bombard their elected representatives with their opinions on this very bad bill and demand that it be rejected.

In the film industry, there is the widely known name of Alan Smithee. It is an official pseudonym used by film directors who wish to disown a project because they were so disgusted with the final product. I can only hope that someone paints the name "Alan Smithee" on this horrid bill.



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To Increase security for the defenseless the Government has pledged the sum of Twenty million pounds crime avoidance support. An investigation carried out reveals that property owners could radically reduce the danger of crime following some simple steps.

Property owners are being advised to secure their assets to reduce home insurance policy claims because of the increase in local burglaries. If you refuse your property better coverage the insurance claims could be abandoned.

It is important to prevent crime- though homeowners insurance is an umbrella that covers you in hard conditions. Try and shun claims to put up a no-claims bonus which can be worth as much as 70-75% over four years with some insurer and to prevent paying for excess policy. What steps can property owners take?

As a property owner your external doors should have dead locks and key-operated locks. Your windows also require key operated bolts and the keys should only be handled by you. Whenever you want to go out, make sure you inspect your home to ensure your doors and windows are properly locked. You must keep your keys away from visitors and friends reach. Avoid places like plant pot, under the doormat or behind the door bell as burglars know where to start searching.

You need Free homeowners quotes to get the best policy. Visit websites that offers insurance services. Get at least 5 quotes from different insurer, compare and select the one that has the kind of coverage you need.



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A loss to your property, to say the least, is a complicated, time consuming process. Getting that insurance check (also called a Loss Draft) is often only half the battle. If you have a mortgage, your mortgage servicing company as well as the entities that invest in your loan (such as Fannie Mae and Freddie Mac) all have a say in how, when, and if they will agree to either place their endorsement on your check, or hold your check and disburse funds to you and your contractor to begin the needed repair work.

What do you mean they can hold my check? Why is it my mortgage company's business?

When you signed the paperwork for your mortgage, there was undoubtedly a clause which required property insurance be kept in force on the property at all times, at the amounts demanded by the lender. If you don't abide, the mortgage company will purchase and charge you for lender-placed insurance. You also agreed to report property losses to your insurance and mortgage company, and gave your lender the right to determine how, when and even if your check is released so you can repair your property. They of course will insist you repair your property rather than spend the money on other purposes. . Your insurance policy includes a loss payee, or mortgagee clause, which states how insurance proceeds which affect the dwelling and the lender's interest in the property will be paid. Because your check will be made payable to all parties taking out the mortgage, as well as the mortgage company, the mortgage company will need to sign the check. Depending on the amount of loss you have sustained, there are several scenarios that come into play.

My loan is current and the check is for only a few thousand dollars. What now?

Typically and depending on the mortgage company, if the investor limit (the amount in which the investors in your loan determines that it will endorse and release the check).is below 10-15000 and the loan is current, the mortgage company will just sign and release the check. If your mortgage company is a bank which has branch locations, you may be able to take it to the bank. All parties to the check will have to sign, and typically the homeowner will need to be present, armed with a copy of the insurance adjustor's report or worksheet. If there are no branch locations in your area, you will have to send the check and adjustor's report to your mortgage company (often, in reality, a company your mortgage services subcontracts with).and they will mail the check back to you. If you want the check sent back by overnight mail, you will more than likely have to provide a return overnight envelope. Pay your contractors, and you'll be on your merry way.

I just got off the phone with my mortgage company and they said mine is a "monitored claim". What's that? Why can't I get my check signed?

When a mortgage company monitors a claim, it is because the amount of the loss, as determined by the Actual Cash Value on the adjustor's worksheet is above the limit in which the investor will sign off on the check without verifying that the work is being done to the lender's satisfaction. A mortgage company may also monitor the claim if the loan is in default. (It is amazing how many people I have dealt with whose loans are deeply into default or foreclosure who are very upset that their check won't be immediately released). In most cases, the lender will require that the check be signed and sent into them, and they in turn will send payment to the contractor(s) in thirds. A typical schedule might be 1/3 at the beginning of the claim as a down payment to the contractor, 1/3 after a 50% inspection and the final third after a 100% inspection is completed to the satisfaction of the mortgage company. If you have the ability to be your own general contractor, you may be permitted to self-contract, but you will be have to be responsible for turning in paid receipts. You may need the following documents from your contractor(s), some of which will be supplied by the mortgage company.

* Insurance adjustor's worksheet or summary
* IRS Form W-9 or a substitute provided by the lender. Your contractor fills out this form with a tax ID or Social Security number. This is so the lender can establish an account for the contractor to send checks to, and tax forms at the end of the year. A physical, not a post office box, address must be on the document.
* Conditional Waiver of Lien-Neither you nor the lender wants a contractor placing a lien on your house after the work is complete, saying that they are owed more money than the original contact stated. The Conditional Waiver of Lien normally must match the amount on the contract that the contractor has with you as the homeowner
* Signed contract between you and the contractor. Again, the contract amount must match the conditional waiver of lien.
* Certificate of Completion. Some mortgage companies require a form signed by all homeowners stating that the work is completed to the homeowners' satisfaction.

When do I get my first check?

If all the forms are filled out correctly, the Is are dotted and the Ts are crossed, once the lender verifies the contractor is who he or she says they are, you may receive a check, made out to yourself, any co-borrowers, and the contractor within about two weeks. In my experience, it is best to check in with your lender's Loss Draft department by phone every two days. Your contractor will only be able to receive information from the lender if you authorize it in writing, so bear that in mind if you want the contractor to oversee the claim.and make inspection requests.

My contractor demands more that a third down? What do I do?

Depending on the mortgage company and the status of your loan, your lender may have a procedure in place to have management review situations like this as an "exception". The better shape your loan is in, the better your chances of getting it approved.

I've done everything they asked, and I can't get my checks.

Loss Draft departments are very much overworked, and it may just take persistence from the beginning to end of the process. Don't just assume that if you sent or faxed documents in that they have them, they all were correct and money will be on its way. Leave nothing to chance! ALWAYS follow up!

What if I have a first and second mortgage?

Usually the first mortgage holder will demand that all other parties sign off on the check before it is submitted to the first mortgagee. Occasionally a second mortgagee may require documents from the first mortgagee stating that the first mortgagee will be monitoring the claim.

There are a lot of variables and situations that I can't cover here, but it is my hope that should the unfortunate occur, you'll be at least one step ahead of the game and be on the way to having your repairs completed and back into your home just a little more quickly.



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