Hurricane Irma has come and gone. Unlike Hurricane Wilma in 2005, it did not leave a sea of blue tarps in its wake. Nonetheless, many homeowners sustained water damage and the question becomes, is there insurance coverage.
|Wind-driven rain
The lack of blue tarps in South Florida is indicative of a lack of roof damage caused by Hurricane Irma which may spell lack of coverage for water damage claims. Most insurance policies contain an exclusion or limitation for water damage to the interior of a building unless a windstorm damages the roof or exterior walls of a structure through which water enters. This policy exclusion is known as the wind-driven rain exclusion.
An example of this exclusion/limitation can be found in Insurance Services Office (ISO) forms which provide, “We will not pay for loss of or damage to property, as described and limited in this section. In addition, we will not pay for any loss that is a consequence of loss or damage as described and limited in this section … The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless the building or structure first sustains damage from a covered cause of loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters.”
|Maintenance issue vs. peril
The most common cause of water damage from a storm like Irma occurs when water enters through window or door seals without any damage to the windows or doors itself. Seepage of water through the seals is typically considered a maintenance issue and does not constitute a peril under the insurance policy.
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