In the aftermath of a hurricane, commercial property owners often find themselves caught in a "finger-pointing" battle between their property insurer and their flood insurer. This "wind vs. water" dispute is one of the most complex and contentious areas of insurance law. At The Voss Law Firm, P.C., we specialize in untangling these disputes and ensuring our clients receive the full benefits of all their policies.
The Core of the Conflict
- Commercial Property Insurance: Typically covers damage caused by wind, wind-driven rain (that enters through a storm-created opening), and hail. It almost always *excludes* damage caused by "flooding" or "rising water."
- Flood Insurance: Covers damage caused by the overflow of inland or tidal waters, or the unusual and rapid accumulation of surface waters. It does *not* cover wind damage.
When a hurricane brings both 120 mph winds and a 10-foot storm surge, determining which peril caused which specific damage is a massive challenge.
The Insurer's Tactic: Concurrent Causation
Many commercial policies contain an "Anti-Concurrent Causation" (ACC) clause. This clause states that if a loss is caused by both a covered peril (wind) and an excluded peril (flood), the entire loss is excluded, regardless of which happened first. Insurers use these clauses aggressively to deny claims where any amount of water was present.
How to Protect Your Claim
- Understand the "Storm-Created Opening" Rule: For your property insurance to cover interior water damage, you must prove that the wind first created an opening (like breaking a window or peeling back the roof) through which the rain entered.
- Document the Sequence of Events: If possible, note the timing of the wind damage versus the rising water. Eyewitness accounts and time-stamped photos are invaluable.
- Hire Independent Experts: You cannot rely on the insurance company's "preferred" engineers. You need independent forensic experts who can differentiate between wind-driven damage and flood damage.
Why You Need The Voss Law Firm
At The Voss Law Firm, P.C., we have extensive experience challenging ACC clauses and proving the "proximate cause" of a loss. We work with meteorologists and hydrologists to reconstruct the storm's impact on your specific property. If your insurers are pointing fingers at each other while your business remains in ruins, it's time to call in professional legal help.
Don't let the "wind vs. water" debate leave you without a recovery. Contact us today for a free consultation on your hurricane claim.
