Wind-Driven Rain. Are You Covered?
Insurance companies offer several policies that cover different types of losses. A basic policy offers coverage for things such as wind, hail, aircraft damage, vehicle damage, explosion, fire, lightning, theft, vandalism, and riots. More advanced policies offer the same basic peril coverage, but also include additional coverage for perils not specifically excluded. Fundamentally, the advanced policies provide much greater coverage than basic policies afford.
What Is Wind Driven Rain?
Wind-driven rain causes damage to property when rain is forced through an opening due to the pressure of the wind. Wind-driven rain is forced sideways or at an angle and is more likely to enter a property underneath or around vulnerable open areas. Conversely, when rain falls it normally drops straight down and is less likely to get under roof shingles or around small openings in walls, doors, or windows.
Does My Policy Cover Wind-Driven Rain?
The question still remains, whether an insurance policy covers wind-driven rain. It depends upon the policy coverage that you purchased and how the insurance company interprets that coverage. That is because each policy, (and each insurance company), may differ in the specific words and phrases it uses to describe the perils (risks or sources of damage, such as wind, or fire) they cover. If there is any doubt whether you have wind-driven rain coverage, you can review your policy and call your insurance company representative for answers.
Questions an Insurance Company Will Ask
When your property suffers rain damage, one of the questions your insurance company will ask is whether the rain damage is caused by rain, or if it was caused by wind-driven rain. You may ask yourself why they would be concerned with that because the resulting damage was still caused by rain. In order for the layman to better understand how and why insurance companies decide if rain damage is a covered loss, it is important to think about why the rain damage occurred.
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Was the owner responsible for the rain damage?
The answer lies in whether or not the damage was caused by the property owner’s negligence. In other words, could the homeowner have prevented the damage?
For example, was the wind-driven rain damage caused by the homeowner not fixing a previously damaged roof? If a homeowner has loose or broken roofing tiles and fails to fix them, the insurance company can claim that wind-driven rain would not have entered the property through the roof if the roof had been properly maintained. A homeowner might then say that the rain would have entered the property anyway, but an insurance company can easily argue that since wind-driven rain forcefully pushes rain sideways, a roof that had been properly maintained would not have allowed the rain to enter the property in the first place. Basically, a slightly worn roofing tile would have still protected the roof in normal rain, but rain would have lifted a loose or broken tile, causing the rain to penetrate the property.
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What happens when wind-driven rain damage is not caused by owner negligence?
Property owners aren’t always held responsible for damage to their property. Sometimes, unpredictable outside forces cause damage to property.
For example, if high winds cause a tree to fall or a large branch to break and result in water damage, then the resulting wind-driven rain damage should be covered under the policy.
Conversely, if the property owner knew about a damaged tree on the property and was warned about and asked to remove it, the insurance would be within its rights to deny coverage for any damage that the tree and resulting water damage caused to the property. The lesson to be learned here is that property owners need to be responsible and maintain their properties. If they do so, they are more likely to be reimbursed by their insurance company for damage sustained to the property.
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Wind Driven Rain Damage, or Flood Damage?
If you have water in your home, what caused the damage? Property owners often have difficulty distinguishing between water damage caused by wind, and water damage caused by the flood. If your property is flooded by rainwater, and the rainwater enters the property through a roof, window, or door, then likely it will be considered rain damage. But, if the land around your property floods and the buildup of rainwater flow into your home or building, then most likely the rain damage will be considered flood damage. Keep in mind that flood damage is NOT covered under most property insurance policies, and has to be purchased through a separate flood insurance policy.
As you can see, it isn’t always easy to figure out if a property insurance policy will cover for wind-driven rain damage. It is recommended that property owners periodically review their insurance policies, update out-of-date information with the companies, and buy as much insurance coverage as they can afford, given the area they live in and the likelihood of suffering a particular loss.
If you live in an area that is subjected to high winds, you should at least consider making sure your insurance policy covers for high wind damage. Property owners need to take a proactive approach to maintain their property. Property owners who have not kept their property in good condition may find their insurance company denies coverage for a particular loss.
If you have experienced a wind-driven rain loss on your property and your insurance company is minimizing or denying coverage for that loss, you can contact the Smythe Law Group, Inc. We have extensive experience in handling property insurance claims and will fight to get you all the benefits due under your policy.