| Author |
Message |
sbeau4014
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:32 am: | |
This brings up an interesting subject as I've always considered and claims information on a file confidential and not open to "the public". I would wonder why someone would want to access some of this information to begin with as if there were a dispute and a suit was there, it is discoverable in the courts. William, I don't know if you have a particular case in mind, but if you do, try the FOI route and see what big brother says about it. Let us know here also as I myself would be interested in knowing what they do in that circumstance.
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Flooder
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:31 am: | |
If the reasoning for obtaining NFIP claims information is that taxpayer funds are involved, why not extend the reasoning to such information as Social Security records, VA medical information, IRS documents, Student Loan information, etc., etc.? How many of us would like to see our personal information available to telemarketers and identity thieves regardless of how much taxpayer funding is involved? If there is a concern over how tax monies are being spent, we should rely on our elected representatives in Congress who provide oversight for all federal agencies, or request an Inspector General investigation if we have specific knowledge of wrongdoing anywhere in government. If you have a legitimate need for specific information, subpoena it. That's the American way.
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wscook
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:30 am: | |
Dave
Page iv-1 of the Flood Manual first paragraph under A. introduction
places ---->ALL<---- Standard Flood Policies (SFIP)as an agreement between FEMA as insurers and the named insured. I think the buck stops there, uless you go to congress for a revision of the act.
William S Cook
Public Adjuster
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Dave
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:29 am: | |
Bill, maybe you are younger and read better that I, cause there is NO mention of FEMA in the last post.
Only FIA, NFIP and the FED. What was missed?
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wscook
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:29 am: | |
Thanks Clayton
That caveat appears on the front of most of the flood forms.
I did have an old proof that has the information on the reverse directing me to the applicable U S Code section. As it turns out the privacy act is to advise the insured that he may not have to comply with filling out the form in accordance with the privacy act. However the insured invoking the privacy act may not get his benefits if he fails to fill it out. So as far as I can tell my research indicates that if it is federal business it should be available to a requester under the FOI if requested. Certainly it is easy to assume that the privacy act means information will be private, but that appears to be
a mis-iterpretation of the actual intent. Once again CADO has met yet another need of sharing knowledge and information in a professional manner.
Thanks Roy and others,
William S Cook
Public Adjuster |
wscook
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:28 am: | |
Thanks |
Clayton
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:27 am: | |
Bill and Dave, the "privacy" discussion caught my eye relative to the NFIP. We have a similar Federal program up here and all of the data is clearly noted as falling within Federal privacy regulations.
However, I took a quick look through the NFIP manual, and I found a tidbit relative to privacy. If you look at a FEMA / NFIP Proof of Loss, form #593-111C (2/94) - under the title "Proof of Loss" it states in brackets; ".... see reverse side for Privacy Act Statement and paperwork Burden disclosure statement"
Unfortunately, I do not have this PoL with a printed reverse side, but perhaps you do and it may give you some direction on your query.
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wscook
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:26 am: | |
Dave
I must take exception to your including FEMA as a carrier.
As their name indicates they are Federal Emergency Management Agency.
Federal is you and I and our tax dollars, we should have a right to confirm if our government is spending our resources in a proper fashion. If it were a private carrier it could very easily be considered none of my business. However that is not the case for NFIP and it is a small part my business unless there is a compelling national security interest or similar restriction. If an insured wanted guaranteed privacy he could get a policy through a non federal insurance carrier such as LLoyds.
William S Cook
Public Adjuster |
wscook
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:25 am: | |
Chuck
A quick review of the flood adjuster manual failed to indicate anything about the privacy act. If it is the case that I have overlooked it I would like to research the appropriateness of that application of the privacy act. Many times such statements are found only in the words of a well meaning instructor, and are repeated until it appears factual. I appreciate your response and will research it for factual content if you can provide any sort of reference.
Thanks
William S Cook
Public Adjuster
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Dave
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:24 am: | |
Chuck has hit the proverbial nail on the head.
ANY insurance policy is between the insured party and the carrier, and are privledged. NOT subject to the freedom of information act.
Even though most of the flood policies written by the WYO (Write your own)carriers are basically re-insured by the FIA (Federal Insurance Admintration),and the policies are word for word the same as the NFIP direct policy.
One MAY attempt to gain disclosure from the FED for a policy written as a direct, but it is highly doubtful that they will be successful.
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Chuck Deaton
Unregistered guest
| | Posted on Saturday, January 26, 2002 - 12:24 am: | |
Your question is interesting. Never having requested a copy of a flood claim I can't make a definitive statement, but I handle Repetitive Loss claims from time to time and the NFIP has cautioned about sharing any prior loss information with the current insured due to the Privacy act. |
Roy Cupps (Admin)
Moderator
Username: Admin
Post Number: 72
Registered: 1-2002
| | Posted on Saturday, January 26, 2002 - 12:13 am: | |
Feedback from a visitor.
......
Since all flood is underwritten by tax payers and a federal program, would copies of a particular flood loss be availabel through the FOI act?
wscook@cfl.rr.com |
