I am a NY Public Adjuster with a question concerning an ongoing claim. The insured has an HO 3 policy, and wind-driven rain entered the home damaging ceiling and walls in a few rooms. There are no exterior damages caused by the wind and I am claiming damage to the interior sheetrock, insulation etc. under the All Risk Portion of the policy. No personal property was damaged. Our policy has a $9,000.00 wind and hail deductible (not hurricane) and the adjuster is stating that since this is a wind event the wind-driven rain would trigger the deductible. I am disputing that, stating that since the wind did not cause any exterior damages that the wind deductible should not apply. Your thoughts would be appreciated. 

New York Subscriber

You have an issue of fact more than one of coverage. The windstorm deductible is just that, applied in event of a windstorm. Windstorm, however, is not defined by the policy. Therefore we go to the dictionary since courts turn to standard desk references since that's what insureds have access to. Merriam Webster online defines windstorm as: a storm marked by high wind with little or no precipitation. Whether or not the insured experienced a windstorm is a matter of fact that we cannot determine. You might check with the local weather service to see what they recorded, and how they classified it for that day.