By Jennifer Emert

Buck Creek McDowell County, North Carolina (WLOS) -- “The ceiling is caved in, the walls are caved in, it’s pretty dangerous to go in there,” said Colleen Gormley of her McDowell County home.

The couple’s home was pulverized during Hurricane Helene.

The home is "not repairable," according to their insurance provider but it has also denied their damage claim.

Helene is responsible for more than $9.5 million in uninsured residential property loss across the mountains, according to North Carolina Department of Insurance.

Local attorneys helping homeowners deal with claims, encourage homeowners to challenge insurance denials, plus show where individuals can turn for help and why people should read their policies.

“It’s been an adventure,” said Grant Means from the driver’s seat of his truck.

Getting to Gormley's and Grant Means' Buck Creek home in McDowell County still requires a high-clearance vehicle. Two individuals lost their lives in the landslides that occurred around the Gormley-Means home in McDowell County.

“The morning we were trying to get out we drove down from our house and got to this far, and the tree there blocked the road for us,” said Means.

“As soon as we pulled up into the driveway, all of a sudden all of these trees crashed down on the house,” said Gormley.

The force of the falling trees split the home in three sections, tearing it from the foundation.

“The wind pushed the trees over, and when it collapsed the house, it just pushed it downhill and it pushed us along with the Jeep into the workshop,” said Means.

With the doors pinned and no tailgate latch inside, they were trapped.

“I had the horn honking, the lights flashing. I’m screaming and banging, and they couldn’t hear us, couldn’t see us, it was so windy, so dark and so loud,” said Gormley.

“It sounded like five freight trains,” said Means.

“I did a goodbye video from inside the Jeep,” Gormley said. “We were waiting for the water to come get us and it never did.”

Neighbors spotted the jeep and got them out. Yards away, around the backside of their demolished house, the neighboring slide’s path is still visible.

“In my opinion, the trees that fell on the house saved us from the slide,” said Gormley.

An initial call to their insurance agent agreed.

“I’ve got 10 trees on top of the house,” Means claimed he said to the insurance agent. ‘He said you’re 100-percent covered then, absolutely, no problem’ and then he turned it over to the insurance adjuster,” said Means.

That unleashed a cycle, as vicious as the storm.

DAMAGE CLAIMS FROM HELENE

“Denied it... we appealed it, they denied it. We appealed it again, then they sent an engineer,” said Gormley.

The engineer's report provided by Farm Bureau Mutual Insurance found the home's damage was caused by "the flow of debris across the land." It includes a water line inside the home and rules out wind. Farm Bureau denied the claim since the policy excludes “earth movement.”

Records from North Carolina’s Department of Insurance reveal 20,253 Helene Residential claims or 24 percent through February that were closed without payment along with 29 percent or just over 2,000 commercial claims.

The tragedy with the 24 percent "are probably the people who suffered the very worst loss, because a tree falling on your house is more likely to be covered versus your whole house washing away,” said Max Gibbons, an attorney.

News 13 has received several complaints similar to Gormley's and Means'. Pisgah Legal Services Attorney Max Gibbons said emotionally if people can, they should challenge a denial.

“The insurance companies are overwhelmed also. Everybody is operating in a crisis environment, and there’s no reason to assume anybody has taken a close look at your policy,” said Gibbons.

N.C. DEPARTMENT OF INSURANCE

If denied, people have options. Anyone can request the claim be mediated or file a complaint with the North Carolina Department of Insurance.

“There may be no better way of getting the insurance company’s attention than having the state licensing board contact them,” said Gibbons.

News 13 reached out to the N.C. Department of Insurance, which is responsible for holding insurers accountable. Insurance Commissioner Mike Causey was only available by phone following a medical procedure.

“Has your office had to go to bat with insurers who are refusing to pay claims when they should?” News 13 asked.

“Let’s say if there’s a dispute with the policyholder and the insurance company on a particular amount a lot of times, our department of insurance can shed light on it and help with interpretation and in many cases the insurance companies end up paying a little more than they would have had the consumer not given us a call,” said Causey.

Gormley and Means filed a complaint with Causey’s office but got the same denial.

“Are insurers looking for ways around paying claims on some of these more horrific losses?” News 13 asked.

“Insurance is all about risk, so when people buy insurance policies, they’re covering certain risks. You’ve got to know what’s covered and what’s not,” said Causey.

Farm Bureau told News 13 that it extended sympathies for the significant loss and said it’s willing to consider any additional information Gormley and Means would like to present for further consideration of their claim. There’s more from the company’s statement below.

“I haven’t had a good night's sleep since Sept. 27, primarily because of what happened, but ultimately, it’s because of what’s happening to us,” said Means.

Adding insult to injury, they'd recently increased their homeowner's coverage.

“We added additional coverage because he said with inflation, cost of living and things, cost of materials, it would cost more to rebuild if we did have any kind of problem,” said Means

The couple had a second engineer inspect the damage and found wind forces did play a factor. As the crow flies, they’re about six miles from Mt. Mitchell, which saw 106 mph gusts. They're now reviewing legal options.

“When everybody says it’s wrong, everybody, talked to the Congressman, oh that’s wrong, talked to the Senator, oh that’s wrong, everybody says it’s wrong,” said Gormley in frustration. “The fact that we still have to pay on the insurance policy is what’s, that’s a killer, you know.”

“It drives you nuts,” said Means, “If the insurance company doesn’t pay, I can’t do it, we have a 20-year mortgage left on this property. I don’t see myself paying on a 20-year mortgage for a property we can’t live in, so yeah, we would probably end up walking away from it.”

The N.C. Department of Insurance encourages everyone to read their homeowner’s insurance policy. Causey told News 13 a flood insurance policy could help with mudflows in the mountains, but homeowners should consult their agents before purchasing additional coverage.

News 13 is also investigating other insurance concerns. After making Helene claims, some have received cancelation notices. Is that legal? That story and more will air on March 19, 2025 at 6 p.m.

RESOURCES

Pisgah Legal Services in certain cases is helping homeowners navigate some of these claims. You can apply for help through Pisgah Legal Services.

Tropical Storm Helene survivors are also encouraged to review Legal Aid of NC’s resource website.

The N.C. Department of Insurance encourages consumers who need help with claims to reach out to their office and file a complaint.

FARM BUREAU MUTUAL INSURANCE'S STATEMENT

Here’s the full statement from Farm Bureau Mutual Insurance Company:

The devastation from Hurricane Helene was immeasurable and tragic. We extend our sympathies to Mr. Means and Ms. Gormley for the significant loss they suffered as a result of Hurricane Helene.

We reviewed thoroughly their claim and all information provided by Mr. Means and Ms. Gormley. Our investigation included an independent claims adjuster’s inspection of the insured property and a structural engineer’s determination of the cause of the damage to the insured property. The structural engineer concluded the lateral force of debris moving across the land was the proximate cause of damage to the structures on the insured property.

The engineer looked for evidence of functional damage caused by wind force and considered comments provided by the insured about fallen trees. The engineer found no evidence of wind force as the cause of functional damage to the insured structures.

Unfortunately, as with many families in Western North Carolina, there is no provision in Mr. Means’ and Ms. Gormley’s homeowner policy that covers damage to their house and garage caused by debris movement resulting from excessive rainfall, surface water, erosion, and landslides.

NC Farm Bureau Mutual Insurance Company’s agents and employees live and work in every community in our state, and we take seriously our obligation to settle claims fairly and quickly as we all work to rebuild Western North Carolina.

Our company is willing to consider any additional information that Mr. Means and Ms. Gormley would like to present to us for further consideration of their claim.

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