Property Insurance

Wind vs flood — who pays for hurricane damage?

Wind damage is typically covered by your homeowner's or commercial property policy; flood damage requires a separate NFIP or private flood policy. Most post-hurricane disputes are over which water caused which damage — wind-driven rain through a covered opening is usually covered; rising surface water is not.

The wind-vs.-flood line is the single most-litigated issue in Gulf-Coast hurricane coverage. The dollar amount of any post-storm claim depends on which carrier (wind or flood) covers which loss.

What's typically covered by wind/storm policies.

• Damage from sustained wind and gust forces.
• Wind-driven rain that enters through a wind-created opening (broken window, lifted roof, downed wall).
• Debris-impact damage to interior contents through covered openings.

What's typically excluded.

• Damage from rising surface water (storm surge, river flooding).
• Wind-driven rain entering through ordinary, pre-existing openings (open window, leaky roof).
• Damage from groundwater seepage.

The anti-concurrent-causation clause.

Many policies attach an ACC clause excluding coverage if any portion of the loss was caused by excluded peril — even where covered perils also contributed. Enforceability splits across jurisdictions; the practical battle is over which water caused which damage and whether the ACC clause applies to mixed-cause losses.

NFIP coordination.

If the property has NFIP flood coverage, the flood policy handles rising-water damage. The two claims should be coordinated — the carriers will not coordinate them for the insured. We coordinate both claims, often with engineering evidence isolating wind-driven from rising-water damage.

For more, see our first-party insurance practice and the wind vs flood comparison page.

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