Wind v. Flood In The Wake Of Hurricane Ian
Tuesday, December 13th, 2022 Litigation PropertyIn late September, 2022, Hurricane Ian made landfall in Southwest Florida and traveled across the state. The storm brought with it significant storm surge that caused substantial flooding. The storm also was accompanied by high winds that caused damage.
Many property insurance policies provide coverage for wind, but exclude damage caused by flood. Distinguishing between the damages caused by flood versus wind is often the job of an engineer. That said, there are a few legal principles to keep in mind.
The first is whether the flood and water damages can be separated. Often times, the claim is reported as both wind and flood.
In Sebo v. Am. Home Assurance Co., Inc., 208 So. 3d 694 (Fla. 2016), the Florida Supreme Court held that the concurrent cause doctrine applied under the facts of that case. Under that doctrine, ‘coverage may exist where an insured risk constitutes a concurrent cause of the loss even when it is not the prime or efficient cause.’
