On Aug. 29, 2005, Hurricane Katrina came barreling into the Gulf coast, bringing with it terms like anti-concurrent causation, wind versus water, and a host of other issues. As we get a clearer picture of the damage caused by Hurricane Irene, it's possible that the industry will face similar issues that arose with Katrina six years ago.

Looking at photos and reading damage assessment reports caused by Irene, I understand why some believe that many of the insurance issues related to Katrina and its wind-versus-water discussion are likely to result in a sequel of sorts. However, like most movie sequels, this one lacks the tenacity and originality of the first—and might go straight to DVD.

While Katrina brought a massive storm surge of 24-28 feet—the highest ever recorded from a hurricane—Irene mustered just three-to-five feet along its entire path through the mid-Atlantic and Northeast, according to Risk Management Services. And while Katrina brought wind speeds of 111-130mph at landfall, it appears that Irene topped out at 85mph winds in North Carolina, and 75mph in New England states. In many areas, wind speeds were closer to 60mph.