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.

But as Annie Lennox once sang, here comes the rain.

Irene was a camel of a storm, holding massive amounts of water in its broad hurricane hump. It's estimated that parts of New Jersey were hit with 10 inches of rain, while areas in Virginia received 16 inches, North Carolina 13, and Delaware 10 inches. Worst affected appears to be Vermont, which only received an average of seven inches across the state but faces significant infrastructure damages due to the flooding.

Agents and claims professionals, you know what that means: Get your policy-explanation hats on because the wind-versus-water “villain” is about to rise from the dead.

Though it certainly will be less of an issue than with Katrina, there is no doubt that there will be instances of concurrent damage from wind and flooding. What makes Irene different is that houses aren't likely to have been completely swept off their foundations as they were in Katrina, leaving loss causes difficult to ascertain.

But we all know the scenario when there is a clear delineation of wind and water damage. An adjuster tells an insured that his roof damage is covered, but his lower-level flooding isn't. “See, right here in your policy exclusions.” the adjuster will say. “Flooding isn't a covered loss.”

Once again, we'll hear from a vast section of the population that still doesn't realize that flooding is an uncovered loss in most homeowners' policies. The outrage will manifest, and insurers will face the withering scrutiny of having to defend state-approved policy language amidst a firing squad of Facebookers, Tweeters, and consumer organizations who are bound to criticize the industry for “tricky language” and “ impossible to read” policies.

Gird yourselves for the inevitable, prepare for the “reviews,” and hope the credits come quickly.

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.