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Permits and Recourse

19 years ago

About 10 years ago, we hired a licensed, bonded window and door company to install two sets of french sliders to replace two windows that faced the back yard. I knew nothing about home construction back then and the idea of a permit didn't even cross my mind.

We are in a flood plain and have been doing several projects on the house that now have us dealing with the county flood control district. My questions are if this original contractor didn't get a permit and we get a major flood that penetrates the house thru those doors, can my flood insurance company deny the claim? Was I responsible for permit at the time or was the contractor? Will that contractor be held accountable in any way? Is there any action we should take now?

Comments (12)

  • 19 years ago

    No. The insurance company will care less about the permit. Trust me, water does not need a door to enter the house, it is not a an invited guest. It comes in everywhere! Been there, done that, don't wish it on anyone!!!

    Paul

  • 19 years ago

    "The insurance company will care less about the permit."

    Not a good idea to state such equivocally.....as this is not the case with ALL insurance companies...in all areas of the country ...with all types of policies.

    There are far to many variables to make such an statement.

    Bear in mind that insurance companies make money by NOT paying claims. Assume nothing.

    The OP should read the policy thoroughly to get a better idea as to whether or not this will be an issue. Worst case scenario......go to the town or city, and apply for a permit and a final approval.

    Better safe than sorryÂand, the benefit will be no more worries about whether it "could" be an issue.

  • 19 years ago

    I was looking at it from a flood vs door basis which I doubt would ever be an issue. Have been through several major flood claims, all that is cared about is damage vs coverage. Not when where or how a door or window was installed. No way to even try to explain what life is like after a flood.

    Can't argue with your thoughts of insurance companies looking for an out, that they do.

    Hate insurance companies, that said, I have been sleeping with an insurance exec, my wife, for over 36 years......

  • 19 years ago

    Hey pew1, my wife says the same thing about me. Accept with me it's only been 17 years...man I'm gettin' old.

    I was just having a similar conversation over at FineHomebuildings website about permits and coverage. Big BIG difference is that they were talking about house insurance and you are talking about flood insurance. Every singly flood policy I've ever written (and I use to be in Narragansett RI, so you can imagine it's more than one) has been written in the National Flood Program administered by FEMA...insert joke:)

    Given the recent history of FEMA and it's inevitable fall out, I wouldn't screw around with not getting a permit in a flood zone. I realize the OP's situation is a past-tense situation, but to anyone doing future work, the downside is too high.

    I think the OP can rest somewhat easy with this thought. Having been thru natural disasters from the insurance perspective I can tell you it's CHAOS!! Most file handlers are just pushing files as fast as they can off their desk. Believe it or not, most of them are human and do sympathize. Unlike a house fire, where the insurer is focusing just on your house, a flood effects a huge number of people (that's why insurers write them thru National Flood). I think you'd have to have some seriously bad luck to have an adjuster work all the way back to your unpermitted door in an attempt to deny coverage. I know it's far from a great answer, but your situation isn't cookie cutter.

    Remember one other thing. Most of the arguements between customers and insurers in the wake of Katrina are whether water or wind caused the damage (Most people carried house insurance but not flood). I haven't heard of issues related to some one having a flood policy, but getting a claim denied.

  • 19 years ago

    Read the policy you received.
    Since the insurance company writes the policy they are assumed to have protected themselves.
    If you have an 'all peril' type policy everything NOT excluded is covered.

  • 19 years ago

    Pew1, Sorry you had to go thru that mess. I have been receiving lots of literature from FEMA since Katrina. Our property and surrounding area is not incorporated into any city; we only answer to the county. The inspector told me that no city wants us because the cost would be too high to put in the proper infrastructure to minimize flood damage. It's called an alluvial flood plain if anyone knows what that means. I assumed that we would eventually be incorporated.

    I agree that in the event of a flood they won't take the time to check. It's amazing how many people tell me I'm "crazy to get a permit just for ....(fill in the blank). I just don't want anything to come to bite me WRT the doors. I'll be sure to check my policy. Thanks.

  • 19 years ago

    Contrary to popular belief, insurance companies are not looking for reasons not to pay claims and the fact that you had doors installed without a permit is irrevalant. Very simply, most minor or cosmetic work frequently is not permitted. As an example, I have a solid wood front door. Perhaps I would like to replace that door with one that has stained glass in the center. I would probably change out the door myself. Get a permit? For what? House burns down. Insurance company sends ajustor. He/she has no idea I've changed my front door and could care less. Flood insurance or no, quit beating yourself up about work done 10 years ago. Now, what should concern you is the rising cost of flood insurance and the fact that at some point they may say enough is enough.

  • 19 years ago

    Check with your local building department--I would be highly amazed that you need a permit to change doors or windows.

  • 19 years ago

    It is common for munincipalities to require a permit for exterior doors and windows. I think most just do not think it would be... stc ratings are becoming quite common.

  • 19 years ago

    Isn't it funny how people build in a flood plain and then.....worry about a flood. If it were a known flood plain I'm surprised any insurance company would issue a policy, isn't this high risk?

  • 19 years ago

    "...surprised any insurance company would issue a policy..."

    The insurance companies administer flood insurance, the actual insurer is Uncle Sam.

  • 19 years ago

    That really means that we tax payers are paying time and time again to rebuild someone's home built in a flood plain or on a beach. Here in Arlington, Texas, there were several dozen homes built over time in the flood plain of a large creek system that handles storm sewers. The city with the help of Uncle purchased 65 homes and had them torn down. Every single home had been flooded repeatedly and the city got tired of the carping about what the city was going to do about controlling flooding.