Two policies, one storm
Standard homeowners and commercial property policies usually cover wind damage but exclude flood, which is covered through the National Flood Insurance Program or a private flood policy if you bought one. After a hurricane, the central dispute is often what caused each part of the damage: wind tearing open a roof, rain entering through that opening, or surge and rising water. Some policies contain anti-concurrent causation language that tries to exclude a loss when an excluded cause contributed to it, and courts in different states have read that language differently. Many policies in coastal New York areas also carry a separate hurricane or windstorm deductible, often calculated as a percentage of the insured value rather than a flat amount and triggered by storm conditions described in the policy.
Flood claims follow federal rules
Claims under a federal flood policy are governed by federal law and the policy's own terms, which are strict about filing a signed proof of loss within a set period and about supporting documentation. If a flood claim is disputed, there is an appeal process with FEMA, and a lawsuit generally has to be filed in federal court within a limited time after the denial. Disaster assistance from FEMA is separate from insurance and does not replace a flood policy. Keep copies of every policy, declarations page, and notice, and track which adjuster is handling which claim. Gaps between the two policies are common, so each claim should be documented with the other in mind.
Reviewing the claims together
When we review hurricane insurance claims, we look at both policies side by side, the deductibles that apply to each, and the adjusters' estimates for overlaps or gaps. Disputes about the amount of a wind loss may go to appraisal if the policy allows it, while coverage disputes usually go to court. Each policy has its own deadline for filing suit, and the federal flood deadline is unforgiving. We also check whether a mortgage company is named on the claim checks, since that affects how and when funds are released. The aim of a first conversation is to put the pieces in order before any deadline closes in.
