When a hurricane comes ashore in Florida, it rarely brings just one kind of damage. Wind tears at roofs and windows while storm surge pushes water into homes from the ground up. When both happen to the same house, insurers and homeowners have to sort out which damage came from which cause. That question has a name: concurrent causation.
After the 2024 hurricane season, when Debby, Helene, and Milton all made landfall in Florida, the Florida Office of Insurance Regulation (OIR) sent a clear message to residential property insurers about how these claims should be handled. Here’s what it means for you.
What is concurrent causation?
Concurrent causation describes a loss caused by two or more perils at the same time. In a hurricane, that usually means wind (a covered peril on most homeowners or wind policies) and water from flooding or storm surge (usually excluded from those policies). Many policies also contain “anti-concurrent causation” language, which can affect how a claim is paid when an excluded peril like flood contributes to a loss.
What OIR told insurers
In its February 20, 2025 Informational Memorandum to all authorized residential property insurers, OIR said:
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Concurrent causation “is not a mechanism to handle claims poorly.” OIR acknowledged existing case law and anti-concurrent causation policy language, but said these claims “must be well documented and determined in accordance with Florida law.”
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Improperly handled concurrent causation claims “will result in administrative action and restitution to the consumer,” and insurers must not be “inappropriately denying coverage due to concurrent causation.”
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Before denying a total loss claim for wind damage where flood or surge may also have damaged the home, insurers should apply Florida’s Valued Policy Law, section 627.702(1)(a), Florida Statutes.
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Misrepresenting facts to a policyholder to settle a claim on less favorable terms than the policy provides is an unfair trade practice under section 626.9541(1)(i)2., including cases “where the apportionment of cause cannot be readily determined.”
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OIR’s market conduct exams for the 2024 season will review claim denials from all three storms, including denials tied to concurrent causation.
This guidance doesn’t change what your policy covers. It does tell insurers that a mix of wind and water is not a reason to skip a careful, documented evaluation.
Why storm surge counts as flood
This is the part that surprises many homeowners. According to FEMA’s National Flood Insurance Program (NFIP), most homeowners insurance does not cover flood damage, and a flood policy covers water entering your home from the ground up due to storm surge, heavy rainfall, or an overflowing body of water.
On the other hand, if wind damages your roof and rain pours in through the opening, FEMA describes that as water damage resulting from wind, which a flood policy does not cover. That’s why many Florida homeowners need both a homeowners or wind policy and a separate flood policy, and why a single storm can mean two claims with two adjusters.
One more planning tip: an NFIP policy typically has a 30-day waiting period before it takes effect, with limited exceptions. Don’t wait until a storm is in the forecast.
What to do after a storm
Good documentation helps any adjuster evaluate your claim accurately. After it’s safe to return:
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Photograph and video everything before cleanup, including items you plan to throw away. Take wide shots and close-ups.
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Document wind damage separately. Capture the roof, missing shingles, broken windows and doors, damaged soffits, and any ceiling stains or leaks that point to water coming in from above.
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Document water lines. Photograph the high-water mark on interior and exterior walls with a tape measure in the frame.
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Report promptly to every insurer involved. Florida law generally bars a homeowners claim unless notice is given within 1 year after the date of loss, and for hurricanes the date of loss is the landfall date. Flood policies follow federal NFIP rules, so report flood damage right away as well.
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Prevent further damage with reasonable steps like tarping, and keep every receipt for materials, repairs, and temporary living costs.
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Ask for the reasoning in writing. Florida law requires residential property insurers to provide a reasonable written explanation of the basis for a payment, denial, or partial denial, and to pay or deny a claim within 60 days of notice unless factors beyond their control apply. Adjusters must also give you their name and state license number.
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Know where to get help. If you have questions or concerns about your claim, the Florida Department of Financial Services Consumer Helpline is 1-877-MY-FL-CFO (1-877-693-5236). DFS also offers a mediation program for property claim disputes.
Review your wind and flood coverage before the next storm
The best time to understand how your policies work together is before you need them. Insuring the Coast FL can walk you through your homeowners, wind, and flood coverage, explain your deductibles, and help you spot gaps. We serve the Panhandle of Florida.
Insuring the Coast FL
402 Reid Ave Ste B, Port St. Joe, FL
(850) 203-3643
This article is for general educational purposes only and is not legal advice. Coverage depends on the terms, conditions, and exclusions of your specific policy, and claim outcomes depend on the facts of each loss.
