Disputed storm claim to be paid

Insurance company shifts course, says damage from remodeling, not microburst

The insurance company that originally denied the claim of a Lawrence family after a beam in their home broke at the time of the city’s March microburst storm has changed its mind.

After reading about the family’s situation in the Journal-World, Kansas Insurance Commissioner Sandy Praeger last week asked her staff to take a second look at the disputed claim involving Flora Taylor.

On Friday, American Family Insurance agreed to pay the claim.

“I just thank God everything worked out. I just thank everyone that called,” Taylor said.

An engineer for the insurance company inspected the broken beam in the split-level house and concluded that new ceramic tile and cement adhesive on the floor installed in July 2005 in a bedroom above the family room caused too much pressure on the beam over time.

“It is my opinion that the beam failed primarily due to insufficient size of the beam to handle these service floor loads in addition to the load imposed by the ceramic tile,” wrote inspector Jason Nichols. “I observed no signs of significant shifting or lateral movement in the floor systems due to high winds.”

During the March 12 microburst, Taylor, who lives in the 2600 block of Bonanza Street, said she heard a cracking noise and noticed the broken 2-foot-by-12-foot structural support beam in the ceiling above the family room in the split-level house.

Praeger said the claim originally was denied because it was filed as storm damage. When Taylor first appealed to Praeger’s office, Praeger’s staff agreed with the insurance company.

But after a second look, insurance department staffers found that Taylor’s policy covered any damage to the home during the ongoing remodeling process.

The family still has some painting and other carpet remodeling to finish in the home, which the beam’s damage hindered, Taylor said.

“The original claim – that’s what we were all responding to, really it just didn’t feel right though,” Praeger said. “There has to be some way to get her damage covered under her policy. I think that was the thing. We got distracted, and we weren’t investigating the right issue.”

“We adjusted our decision when we received new information. That’s part of the process,” said Ken Muth, a spokesman for American Family Insurance in Madison, Wis.

Since her story was made public, Taylor has received an outpouring of support from friends and others offering to help, she said.

Now the family will arrange to meet with a contractor and the insurance company next week, Muth said. The insurance company will also pay for any temporary housing the family might need until repairs to the home are completed, Muth said.

“We have worked closely with Mrs. Taylor throughout this claim. We believe we worked appropriately based on the information and opinions given to us at the time we had them,” Muth said.

The Taylor family thanked a higher power for the outcome.

“Honestly, I just said it was about time, and we all gave a praise to God. Because truly he was the only one that could have worked this out,” said Cyrese Powell, Taylor’s cousin, who has lived with Taylor in the home since March.