Homeowners Insurance post disaster & How it affects volunteers working on private property Lancaster County COAD January 17, 2018

Overview The typical homeowners insurance policy covers damage from a fire, windstorms, hail, riots and explosions—as well as other types of loss such as theft and the cost of living elsewhere while the structure is being repaired or rebuilt after being damaged.

From 1997-2016… events involving tornadoes, including other wind, hail and flood losses associated with tornadoes made up 39.9% of total catastrophe insured losses, adjusted for inflation. Hurricanes and tropical storms: 38.2% of losses, other wind/hail/flood: 7.1 % winter storms: 6.7% Terrorism: 5.9% fires, including wildland fires: 2.0% of catastrophe losses Civil disorders, water damage and utility services disruption combined represented ~0.2% of losses. Each year about 7% of homeowners file claims.

Homeowners coverage Insurance Information Institute - www.iii.org

What’s not covered Earthquakes Flooding Pests & termites Endorsements: back-up sewer drain

preparedness Review your insurance policy at least 1x a year. Take a home inventory of all your possessions – pictures, receipts, video Store policy number in a safe place

The claim game: Homeowners Insurance Information Institute - www.iii.org

After a disaster… Contact your insurer asap – have your policy number handy Complete all documents like the proof of loss form Take pictures and compare home inventory list Keep all receipts and document, document, document.

Nebraska good Samaritan law Nebraska has a “Good Samaritan” law, which states that a person who is gratuitously giving emergency care to a person in need cannot be held civilly liable for their acts or omissions while helping that person. Neb. Rev. Stat. § 25-21,186 (1961).

Volunteers and hazardous materials Any volunteer assisting or giving advice in order to “mitigate or [mitigate] the effects of an actual or threatened discharge of hazardous materials or who attempts to prevent, dispose of, or clean up or prevents, dispose of, or cleans up any such discharge” is immune from civil liability. However, if the person caused the hazardous material discharge they can be held liable in a negligence action Neb. Rev. Stat. § 81-1568 (1984).

Fire Department, First Aid, Rescue and Emergency Squad Volunteers have immunity from civil damages as long as the emergency first aid and rescue services they performed were in “good faith.” However, there is no immunity for the death or injury resulted from the operations of a motor vehicle. Neither is there immunity if the death or injury was caused by “willful or wanton acts of commission or omission” meaning purposely done or maliciously. Neb. Rev. Stat. § 35-107 (1963).

Nebraska emergency management act Emergency management worker includes any full-time or part-time paid, volunteer… of any agency of organization performing emergency management services... Neb. Rev. Stat. § 81-829.39 (5) (1996).

Nebraska emergency management act Except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker complying with or reasonably attempting to comply with the provisions of the act… shall not be liable for the death of or injury to persons or for damage to property as a result of any such activity. Neb. Rev. Stat. § 81-829.55 (1996).

State of Nebraska office of the Attorney general “Neb. Rev. Stat. § 81-829.55 of the Emergency Management Act grants immunity from liability arising from personal injury and property damage to volunteers engaged in training and exercising in preparation of disaster/emergency situations, except in cases of willful misconduct, gross negligence, or bad faith.”

The end. Shirley peng 941 o street, suite 825 Lincoln, ne 68508 402.435.2161 ext. 302 speng@legalaidofnebraska.org