The legal definition
Storm surge = ocean water pushed inland by wind = flood under standard flood-exclusion language.
Covered under:
- NFIP (federal flood insurance)
- Private flood policies (increasingly common)
Excluded under:
- HO-3 homeowner policies (standard)
- Most commercial property policies
The concurrent-cause problem
A coastal hurricane typically produces:
- Wind damage: roof, siding, windows, landscaping (HO-3 covered)
- Wind-driven rain damage: interior water from wind-created openings (HO-3 covered)
- Storm surge damage: ground-level flooding (flood policy required)
All happening at the same property in the same event.
The anti-concurrent causation clause
Many Florida policies include:
This clause, enforceable in Florida with caveats, can exclude damage caused by wind AND surge together.
How claims get apportioned
When both wind and surge contributed:
- Separate cause analysis: which damage came from which source?
- Elevation documentation: ground-floor damage likely surge; upper-floor likely wind
- Water mark line: tracks surge height
- Interior wind-driven rain: documented entry through wind-created openings
- Roof and exterior wind damage: separate scope from surge
Concurrent claim handling
If the policyholder has both HO-3 and NFIP:
- Coordinate with both carriers
- Provide separate scope documentation for each
- Avoid double-dipping (each carrier pays for its peril)
- Watch for anti-concurrent causation clauses that could deny both
If only HO-3 and no flood:
- Maximize wind and wind-driven-rain recovery
- Document the specific wind-caused damage
- Challenge broad "storm surge" attribution when wind contributed
Flood policy considerations
- NFIP has a 30-day waiting period typically
- Residential coverage capped at $250K structure / $100K contents
- Separate deductible applies
- No coverage for additional living expense on most NFIP policies