For claims relating to wind damage from a hurricane, ask yourself the following when considering subrogation:

1. Was the building, especially awnings and roof systems, inspected for integrity by a structural engineer before the loss?
2. Was the building designed and constructed according to code originally or during any major renovations, which can extend the statute of repose?
3. Were the windows protected, preferably with permanent storm shutters or with 5/8-inch marine plywood?
4. Can you obtain accurate wind data from a local NOAA or other facility?
5. Did other similar buildings in the immediate area sustain damage consistent with the building under investigation and, if not, what was the reason?

Storm Surge and Water Damage

Hurricanes also can lead to water damage claims as a result of the wind-driven storm surge for properties close to the ocean, or from the torrential rains from the hurricane and the tropical moisture when the hurricane is downgraded after coming ashore.

Investigate these factors when you are looking to recover from flood claims. Be sure to determine whether:

1. The owner or developer of the property had asked the local emergency management office whether the facility was located in a flood plain.
2. The owner or developer inquired about the history of flooding in the area.
3. The owner or developer inquired about the elevation of the facility in relation to streams, rivers and dams.
4. A flood-proofing feasibility study had been conducted.
5. The community had engaged in flood control projects.
6. Records regarding the actual rainfall amount for the local area can be obtained from an NOAA station to document the length and intensity of the rainfall.

The above lists are not inclusive but can assist claims professionals in assessing whether there are any subrogation possibilities in the wake of a hurricane.

Sean P. O'Donnell is a partner in the Subrogation & Recovery Department at Cozen O'Connor. Practicing in the Philadelphia office, he represents self-insured companies in recovery claims and related commercial litigation. O'Donnell may be reached at [email protected].