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Flood Damage Versus Wind Damage In Hurricane Ian Insurance Claims

We are starting to see a scenario play out more and more with Hurricane Ian insurance claims. Homeowners are filing flood claims with their flood insurance companies who are denying the claim by saying the damage was caused by wind.

Then, when the homeowner files the claim with their traditional homeowner insurance company, the carrier says the damage is not covered because it was caused by flooding and not wind.

If you are in a situation similar to this, then this article should help. We will cover:

  • What damage is covered by Flood Insurance?
  • What damage is covered by Wind Insurance?
  • Why do Flood insurance companies blame obvious flood damage on wind?
  • Why do Home Insurance companies blame obvious wind damage on flooding?
  • Flood or Wind; Is  it really that simple?
  • What should you do if your claim is denied by your flood or wind insurance?
  • Are There Any Differences Between Hurricane Claims Where the Homeowner Must File a Flood Insurance Lawsuit and/or a Wind Insurance Lawsuit?

What damage is covered by Flood Insurance?

Flood insurance covers direct physical loss to the property caused by floods. In other words, if your home or personal property is damaged by a flood, your flood insurance should cover your claim and pay for your damages.

Flooding can be caused by any one of the following: overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters from any source, such as heavy rainfall; mudslides or mudflows caused by flooding that are comparable to a river of liquid and flowing mud; collapse or destabilization of land along the lakeshore or other body of water resulting from erosion or the effect of waves; or water currents exceeding normal, cyclical levels.

Large waves and storm surges caused by hurricanes can flood homes, tear houses out of their foundation, ruin cabinets, flooring, and drywall, and destroy not only the structure, but HVACS, electrical systems, and plumbing systems as well. These damages are covered by flood insurance.

Flood insurance can cover the physical structure of your home, your belongings, or both.

What damage is covered by Wind Insurance?

Wind insurance covers direct physical loss to property caused by wind. Wind related events include hurricanes, tropical storms, tornadoes, and hailstorms that bring high winds.

Hurricane winds can tear the roof off a home, break windows, and demolish doors and walls. These damages are covered by wind insurance. Additionally, when rain enters the home through an opening in the home caused by the windstorm, such as damage to a roof or window, the water damage to the home is covered by wind insurance as well.

Wind insurance can cover the physical structure of your home, detached structures on your property, your belongings, or all of the above.

wind damage Hurricane Ian Insurance Claims

Why do Flood insurance companies blame obvious flood damage on wind?

Insurance companies are a for-profit businesses. Insurance companies owe a duty to their owners (typically known as shareholders) to maximize profits. This means that the main goal of an insurance company is to make money, and insurance companies do this by selling as many insurance policies as possible, and then denying or limiting the amount they pay on as many claims as possible.

So, if an insurance company can avoid paying your claim, or limit the amount it must pay on your claim, by taking the position that your damages were caused by flooding – which is not covered under your Wind Policy – the insurance company may do so.

Why do Home Insurance companies blame obvious wind damage on flooding?

Like flood insurance companies, home insurance companies also seek to deny coverage by blaming a flood for causing the standing water inside the home. In order to reduce their costs and liability, they may allege the water damage came from a storm surge, for example, instead of rain that entered through damage to the roof or windows caused by wind.

Often times, a hurricane causes both flooding and wind damage that causes water damage. In that case, the insurance companies consider issues like whether flooding would have occurred if there were no opening caused by winds for rain to enter and flood a structure and how much of the water damage was caused by flood and how much by rain.

Flood or Wind; Is It Really That Simple?

Whether hurricane damage was caused by flood and/or wind damage is not often a simple question. Often times, a hurricane causes both flooding and wind damage, which then results in water entering your home and damaging your house and your personal property. In some cases, what appears to be only flood damage could be caused solely by wind damage, or vice a versa.

When it comes to flood insurance claims, the question is not “is there water damage” but the question is “how did the water cause the damage?” Did the water come from the sky or did the water come from the ground?

As described above, a storm surge of water from the ocean can clearly cause a flood in a home on the beach, which would be covered by flood insurance.

But if the strong, hurricane force winds created damage to the windows or doors and heavy rain entered the property through that damage and “flooded” the home, then it’s not technically flood damage; it is water damage caused by wind, which would be covered under the wind insurance.

hurricane ian insurance property claim wind damage flood damage

What should you do if your claim is denied by your flood insurance or wind insurance?

Ideally, the adjusters for the flood insurance company and wind insurance company would work together to determine which damages were caused by flood and which damages were caused by wind. Unfortunately, it does not always work that way.

If your claim is denied by your insurance carrier, it is imperative to contact an attorney experienced in litigating these claims to help you make a claim in support of coverage.

The attorneys at Wites Law Firm can assist you in demanding the insurance company reconsider their denial of coverage, coordinating inspections and communications with the adjusters for all of your policies, aid you in submitting the necessary documents including a sworn proof of loss, receipts, and estimates, and retain experts, such as general contractors, roofers, and engineers, to refute the insurance company’s findings and help determine the source of the specific losses.

insurance claim consultation wites law firm

Are There Any Differences Between Hurricane Claims Where the Homeowner Must File a Flood Insurance Lawsuit and/or a Wind Insurance Lawsuit?

YES. There are very significant differences between Flood Insurance Lawsuits and Wind Insurance Lawsuits that can have a major impact on your claim.

Most homeowners and lawyers are familiar with Wind Insurance Lawsuits. This is a claim under your homeowner insurance policy, which can be filed in Florida’s State Court System.

Under Florida law, your insurance company is obligated to pay all of your attorney’s fees and costs if (A) the insurance company denies your claim and you recover money in court through a settlement, jury trial, or judgment, or (B) if you recover in court money through a settlement, jury trial, or judgment more than 50% of the difference between the amount you demand and the insurance company offers you prior to the filing of the lawsuit. In other situations, the insurance company may have to pay less than all, or even none, of your attorney’s fees.

Flood Insurance Lawsuits are different. These lawsuits must be filed in Federal Court. This means The United States District Court for the area in which you live. For example, if you live on the west coast of Florida, which was damaged by Hurricane Ian, your Flood Insurance Claim must be filed in The United States District Court for the Middle District of Florida.

And, for Flood Insurance Lawsuits, the insurance company is not obligated to pay your attorney’s fees or costs.

What to Do If You Have More Flood Insurance Claims Questions:

Wites Law Firm has experience litigation Hurricane Claims, Flood Claims, and other insurance claims, in both State Court and Federal Court. Our consultation is free. We will review your case, and explain all of your rights and options, without any charge.

And We Will Meet You At Your Damaged Property!

Marc Wites is uniquely qualified to handle flood claims because he has substantial Federal Court experience while many insurance lawyers do not. Our consultation is FREE. If we don’t win, you don’t pay us. 

Call 866-277-8631 for a Free Consultation.  If you have a damaged property in Florida your call will be transferred directly to Marc Wites if he is available.

Flood Damage Versus Wind Damage In Hurricane Ian Insurance Claims

We are starting to see a scenario play out more and more with Hurricane Ian insurance claims. Homeowners are filing flood claims with their flood insurance companies who are denying the claim by saying the damage was caused by wind.

Then, when the homeowner files the claim with their traditional homeowner insurance company, the carrier says the damage is not covered because it was caused by flooding and not wind.

If you are in a situation similar to this, then this article should help. We will cover:

  • What damage is covered by Flood Insurance?
  • What damage is covered by Wind Insurance?
  • Why do Flood insurance companies blame obvious flood damage on wind?
  • Why do Home Insurance companies blame obvious wind damage on flooding?
  • Flood or Wind; Is  it really that simple?
  • What should you do if your claim is denied by your flood or wind insurance?
  • Are There Any Differences Between Hurricane Claims Where the Homeowner Must File a Flood Insurance Lawsuit and/or a Wind Insurance Lawsuit?

What damage is covered by Flood Insurance?

Flood insurance covers direct physical loss to the property caused by floods. In other words, if your home or personal property is damaged by a flood, your flood insurance should cover your claim and pay for your damages.

Flooding can be caused by any one of the following: overflow of inland or tidal waters; unusual and rapid accumulation or runoff of surface waters from any source, such as heavy rainfall; mudslides or mudflows caused by flooding that are comparable to a river of liquid and flowing mud; collapse or destabilization of land along the lakeshore or other body of water resulting from erosion or the effect of waves; or water currents exceeding normal, cyclical levels.

Large waves and storm surges caused by hurricanes can flood homes, tear houses out of their foundation, ruin cabinets, flooring, and drywall, and destroy not only the structure, but HVACS, electrical systems, and plumbing systems as well. These damages are covered by flood insurance.

Flood insurance can cover the physical structure of your home, your belongings, or both.

What damage is covered by Wind Insurance?

Wind insurance covers direct physical loss to property caused by wind. Wind related events include hurricanes, tropical storms, tornadoes, and hailstorms that bring high winds.

Hurricane winds can tear the roof off a home, break windows, and demolish doors and walls. These damages are covered by wind insurance. Additionally, when rain enters the home through an opening in the home caused by the windstorm, such as damage to a roof or window, the water damage to the home is covered by wind insurance as well.

Wind insurance can cover the physical structure of your home, detached structures on your property, your belongings, or all of the above.

Why do Flood insurance companies blame obvious flood damage on wind?

Insurance companies are a for-profit businesses. Insurance companies owe a duty to their owners (typically known as shareholders) to maximize profits. This means that the main goal of an insurance company is to make money, and insurance companies do this by selling as many insurance policies as possible, and then denying or limiting the amount they pay on as many claims as possible.

So, if an insurance company can avoid paying your claim, or limit the amount it must pay on your claim, by taking the position that your damages were caused by flooding – which is not covered under your Wind Policy – the insurance company may do so.

Why do Home Insurance companies blame obvious wind damage on flooding?

Like flood insurance companies, home insurance companies also seek to deny coverage by blaming a flood for causing the standing water inside the home. In order to reduce their costs and liability, they may allege the water damage came from a storm surge, for example, instead of rain that entered through damage to the roof or windows caused by wind.

Often times, a hurricane causes both flooding and wind damage that causes water damage. In that case, the insurance companies consider issues like whether flooding would have occurred if there were no opening caused by winds for rain to enter and flood a structure and how much of the water damage was caused by flood and how much by rain.

Flood or Wind; Is It Really That Simple?

Whether hurricane damage was caused by flood and/or wind damage is not often a simple question. Often times, a hurricane causes both flooding and wind damage, which then results in water entering your home and damaging your house and your personal property. In some cases, what appears to be only flood damage could be caused solely by wind damage, or vice a versa.

When it comes to flood insurance claims, the question is not “is there water damage” but the question is “how did the water cause the damage?” Did the water come from the sky or did the water come from the ground?

As described above, a storm surge of water from the ocean can clearly cause a flood in a home on the beach, which would be covered by flood insurance.

But if the strong, hurricane force winds created damage to the windows or doors and heavy rain entered the property through that damage and “flooded” the home, then it’s not technically flood damage; it is water damage caused by wind, which would be covered under the wind insurance.

What should you do if your claim is denied by your flood insurance or wind insurance?

Ideally, the adjusters for the flood insurance company and wind insurance company would work together to determine which damages were caused by flood and which damages were caused by wind. Unfortunately, it does not always work that way.

If your claim is denied by your insurance carrier, it is imperative to contact an attorney experienced in litigating these claims to help you make a claim in support of coverage.

The attorneys at Wites Law Firm can assist you in demanding the insurance company reconsider their denial of coverage, coordinating inspections and communications with the adjusters for all of your policies, aid you in submitting the necessary documents including a sworn proof of loss, receipts, and estimates, and retain experts, such as general contractors, roofers, and engineers, to refute the insurance company’s findings and help determine the source of the specific losses.

Are There Any Differences Between Hurricane Claims Where the Homeowner Must File a Flood Insurance Lawsuit and/or a Wind Insurance Lawsuit?

YES. There are very significant differences between Flood Insurance Lawsuits and Wind Insurance Lawsuits that can have a major impact on your claim.

Most homeowners and lawyers are familiar with Wind Insurance Lawsuits. This is a claim under your homeowner insurance policy, which can be filed in Florida’s State Court System.

Under Florida law, your insurance company is obligated to pay all of your attorney’s fees and costs if (A) the insurance company denies your claim and you recover money in court through a settlement, jury trial, or judgment, or (B) if you recover in court money through a settlement, jury trial, or judgment more than 50% of the difference between the amount you demand and the insurance company offers you prior to the filing of the lawsuit. In other situations, the insurance company may have to pay less than all, or even none, of your attorney’s fees.

Flood Insurance Lawsuits are different. These lawsuits must be filed in Federal Court. This means The United States District Court for the area in which you live. For example, if you live on the west coast of Florida, which was damaged by Hurricane Ian, your Flood Insurance Claim must be filed in The United States District Court for the Middle District of Florida.

And, for Flood Insurance Lawsuits, the insurance company is not obligated to pay your attorney’s fees or costs.

What to Do If You Have More Flood Insurance Claims Questions:

Wites Law Firm has experience litigation Hurricane Claims, Flood Claims, and other insurance claims, in both State Court and Federal Court. Our consultation is free. We will review your case, and explain all of your rights and options, without any charge.

And We Will Meet You At Your Damaged Property!

Marc Wites is uniquely qualified to handle flood claims because he has substantial Federal Court experience while many insurance lawyers do not. Our consultation is FREE. If we don’t win, you don’t pay us. 

Call 866-277-8631 for a free consultation.  If you have a damaged property in Florida your call will be transferred directly to Marc Wites if he is available.

2020 Florida Litigation Guide Released by Marc A. Wites

Attorney Marc Wites announced the release of the 24th edition of the Florida Litigation Guide. The Guide, which is available at https://floridalitigationguide.com/, lists more than 80 popular common-law causes of action, the elements of each action, the most recent state and federal court cases that cite the elements of each action, defenses to each cause of action, and the action’s statute of limitations. The Guide also contains links to all of the cited case law.  Thousands of Florida lawyers have relied on The Florida Litigation Guide since it was first introduced in 1997.

No longer need young lawyers feel frustrated when a senior partner requested to “quickly” find the most recent Florida Supreme Court case citing the elements required to obtain a temporary injunction for a partner’s emergency motion. Experienced lawyers will also benefit from the ease at which they will locate information used in daily practice. From drafting complaints and answers, to motion practice, jury instructions and appeals, the Guide will be your starting and end-point for the research needed to build the cornerstones of your cases.

IF HURRICANE DORIAN HAD STRUCK, WOULD YOU HAVE HAD ENOUGH INSURANCE TO COVER YOUR CLAIM?

Many Floridians were spared damage and destruction from Hurricane Dorian.  We may not be so lucky next time. Now is the time to prepare for the next storm by making sure you have enough insurance coverage to cover your claim; to repair or replace your home, and your personal property.  Check your insurance policy’s declarations page, which lists your coverages, and ask your insurance agent the following ten questions:

1. Do I have enough insurance under Coverage A?

Coverage A is known as Dwelling Coverage, and includes your home or building, and any attached structures. If a hurricane destroys your home and it is a total loss, does your policy include enough coverage to rebuild your home?

2. Do I have enough insurance under Coverage B?

Coverage B includes unattached structures, such as a detached garage or shed.

3. Do I have enough insurance under Coverage C?

Coverage C is for Personal Property, such as furniture and clothing.

4. Do I have Replacement Cost or Actual Cash Value for personal property?

A very important part of this coverage concerns whether your policy provides for Replacement Cost (which requires the insurance company to pay the cost for you to replace your damaged property with a new item) versus Actual Cash Value (which only requires the insurance company to pay the current, or fair market value of your damaged property).

5. Do I have enough insurance under Coverage D?

Coverage D is sometimes referred to as Loss of Use or Alternative Living Expenses and includes the cost for you to live in another location if your home is uninhabitable. Depending upon the severity of the damage to your property, you may have to live in another location for many weeks, months or more. 

6. Do I have wind storm coverage, and if so how much?

Most policies include coverage for damage caused by wind unless the homeowner waives such coverage. This coverage may be important in the event that your home is damaged by wind from a storm.

7. Do I have mold coverage and, if so, how much?

Most insurance policies include only limited coverage for mold, and some exclude it altogether. You may able to pay an extra premium for more mold coverage.  

8. If I use my property as a rental property am I still covered?

Some policies will provide coverage only if you, the homeowner, live in the property, and will not provide coverage if you rent the property to someone else.

9. Are any coverages excluded under my policy and, if so, what?

Insurance policies provide coverage, and they also attempt to exclude coverage for many types of losses. You should know what is excluded under your policy, and whether it is possible to pay an additional premium to purchase coverage that is excluded under your policy. 

10. How much is my hurricane deductible?

If your home is damaged by a hurricane, your policy’s standard deductible does not apply.  Rather, the hurricane deductible applies. The deductible is the amount you must pay before the insurance company has to pay you any money.  Generally, your insurance company must offer your hurricane deductibles of $500, or 2%, 5% or 10% of your Coverage A limits for your dwelling.  


These ten questions are a good place for you to start. There are many other questions you might ask, such as whether your policy will cover your claim if the property is used for rental purposes or if your policy has law and ordinance coverage (which provides coverage to build your home to meet the current building codes).

And, if your property suffers damages in a non-weather related event, such as a burst pipe, there are still other questions you might ask, such as your policy’s limits on mold coverage and emergency water mitigation. In addition, your policy includes other coverages not discussed above.

Your insurance agent has a duty imposed by law to make sure that you have the right insurance coverage to properly insure your home and personal property. But, if you have any questions, you should ask now before the next storm is upon us.

Wites & Rogers represents homeowners and commercial property owners throughout Florida in claims against their insurance companies. For a free consultation, call Wites & Rogers at 1-866-277-8631 or via email at info@witeslaw.com

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