Windstorm Deductibles—How Applied?
Our homeowners insured has a 2 percent windstorm deductible. If a hurricane struck and caused a tree to fall on our insured's dwelling, would the resulting damage to the dwelling be subject to the 2 percent windstorm deductible or the regular homeowners deductible?
Connecticut Subscriber
We believe that the 2 percent deductible would apply, although there is nothing specifically in the policy or in the windstorm percentage deductible endorsement stating this. The reasoning is that the efficient proximate cause of the tree's falling on the residence is the force of the wind. Now, the insured could point to the named peril of "falling objects," but in this instance we think all the provisions should be given their full meaning; that is, the coverage for windstorm, the coverage for falling objects, and the deductible.
In the case of Roach-Strayhan-Holland Post No. 20 American Legion Club v. Continental Ins. Co., 112 So. 2d 680, (La. 1959), the court said "In the absence of a definition or limitation on the subject, a 'windstorm' must be taken to be a wind of sufficient violence to be capable of damaging insured property either by impact of its own force or by projecting some object against the property, and in order to recover on a windstorm insurance policy, not otherwise limited or defined, it is sufficient to show that wind was the proximate or efficient cause of loss or damage notwithstanding other factors contributed to loss." If this is true in order to collect on a windstorm policy, then by inference it is logical to apply the deductible to all loss proximately caused by the storm. This makes sense; otherwise insureds could find themselves subject to two deductibles—one for the loss caused by the falling object (the tree), and another to loss caused by the force of the wind ripping off siding and part of the roof.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]