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Flood vs. Wind Damage
How do you handle a hurricane claim when the insurance company blames the damage on flooding instead of covered wind damage?
“This, the insurance company blaming damage on flooding rather than wind, typically happens in the context of hurricanes like we have here in Houston and along the Gulf Coast.
It becomes an issue when the flood creates a substantial amount of damage to the property, but you also have wind damage to the roof. Usually, though, it is pretty obvious to determine the flood damage because there will always be a flood line in the house.
Anything above that, such as broken windows, leaking through the roof, or damage to the roof, is easily distinguishable and should fall under your wind damage.
The reason insurance companies want it to fall under flood damage is because flood is regulated by FEMA, which is a federal program. The amount of money that you can recover is limited to $250,000 on the dwelling damage, and you cannot recover attorney’s fees.
Whereas if it’s wind damage, then you can recover under the Texas Insurance Code, which applies all sorts of additional damages and penalties when the insurance companies don’t pay in time.”
We have also represented clients after hail storms in the Rio Grande Valley and in the wake of Hurricane Harvey.
Customers often find it difficult to get payment from insurance companies after hurricanes, due in part to the huge influx of claims after a major storm and the size of the claims involved. The damages we pursue for insureds include policy benefits owed, statutory interest penalties (up to 18% interest per year), treble damages, and attorney fees.
Contact Wyly & Cook today for a FREE consultation to find out how we can help you with your hurricane damage insurance claim.
