Two perils, two policies
Most Florida homeowners policies cover windstorm (sometimes through a separate wind-only policy, for example from Citizens Property Insurance Corporation) and exclude flood. Flood is insured separately, usually by an NFIP policy or a private flood policy. Florida law prevents Citizens from writing flood insurance at all (section 627.715(6)), and Citizens now requires many of its personal residential policyholders to carry flood coverage, phased in by dwelling value through January 1, 2027 (section 627.351(6)(aa)).
So after a hurricane you may have two claims for one storm:
| Homeowners / wind policy | NFIP flood policy | |
|---|---|---|
| Covers | Wind, and usually rain entering through a wind-created opening | Direct physical loss by or from flood as defined in the SFIP |
| Typical deductible | Separate hurricane deductible, often a percentage of the dwelling limit, shown in dollars on the declarations page (Fla. Stat. 627.701(4)) | Separate flat deductibles for building and contents |
| Notice deadline | Within 1 year of the date of loss; supplemental claims within 18 months (Fla. Stat. 627.70132) | Prompt written notice; proof of loss in 60 days unless FEMA extends (SFIP VII.G) |
| Insurer must decide | Pay or deny within 60 days of notice, absent factors beyond its control (Fla. Stat. 627.70131(7)) | Payable 60 days after proof of loss once agreed (SFIP VII.J) |
| Dispute routes | DFS mediation (627.7015), appraisal if in policy, pre-suit notice (627.70152), suit in state court | FEMA appeal (44 CFR 62.20), appraisal on value only, suit in federal court within 1 year of denial |
How a wind vs. flood damage claim dispute plays out
Each insurer is responsible only for its own peril, so each has an incentive to attribute damage to the other. Common patterns after Florida storms:
- "Surge did it." The homeowners carrier says the ground-floor walls, floors and contents were destroyed by surge, so the flood policy should pay, and it denies or limits the wind claim.
- "Wind did it." The flood carrier says interior water came through the damaged roof or windows, not from a general inundation, and denies part of the flood claim.
- Slab-only cases. When a home is destroyed and only a slab or pilings remain, both carriers may argue about what was gone before the water arrived.
- Anti-concurrent causation language. Many homeowners policies say a loss is excluded if an excluded peril such as flood contributed to it "regardless of any other cause or event contributing concurrently or in any sequence." How that clause applies depends on its exact wording and the evidence about which peril caused which damage.
Evidence that separates wind from water
- The water line. Photograph and measure the high-water mark inside and outside. Flood damage generally sits below it; damage above it points to wind or wind-driven rain.
- Roof and openings. Document missing shingles or tiles, lifted underlayment, broken windows, failed garage doors and soffit damage, with close-ups and wide shots.
- Debris direction. Debris lines, wrack lines and where objects came to rest help show whether moving water or wind moved them.
- Timeline data. NOAA and National Hurricane Center reports, nearby tide and wind gauges, and the time power went out can help establish whether wind damage came before the surge arrived.
- Neighbors' homes. Photos of similar homes on the same street, especially ones above the water line, can be persuasive.
- Engineering. On larger losses an engineer who addresses both perils, not just one, is often the decisive witness. Ask each carrier for its engineer's report.
File both claims, and file them early
If a storm brought wind and water, it is generally wise to open both claims promptly rather than waiting to see what one insurer decides. The NFIP proof of loss clock is short, and the SFIP asks for details of any other insurance that may cover the loss on the proof of loss itself (Section VII.G.4.d). Florida's notice statute gives one year from the date of loss for the homeowners claim, and for hurricane claims the date of loss is the date the hurricane made landfall (section 627.70132(3)).
Share consistent information with both carriers. An estimate that attributes the same item to wind in one claim and to flood in the other invites denials from both. Ask your contractor or adjuster to prepare one estimate that allocates each line item to a peril, with the reasoning.
When the homeowners side is denied as "flood"
A wind claim denial that relies on a flood exclusion is a Florida property insurance dispute governed by state law. The insurer must give a reasonable written explanation of the basis in the policy for a denial or partial denial (section 627.70131(7)(a)). Your options typically include requesting the claim file and engineer reports, DFS mediation under section 627.7015 for residential claims, appraisal if the policy has an appraisal clause and the dispute is about amount, and, after the pre-suit notice required by section 627.70152, a lawsuit. A Civil Remedy Notice under section 624.155 may be relevant where the insurer's claim handling itself is at issue.
This side of the dispute, a homeowners or windstorm claim denied or cut on wind-versus-water grounds, is the kind of property insurance claim The Lawgical Firm, P.A. handles. The firm does not list NFIP representation on its website; ask during a free case review how it can help with your flood-policy side, if at all.
When the flood side is denied as "wind"
If the flood carrier says damage was caused by wind or wind-driven rain, the federal rules apply: an amended proof of loss if time remains, a FEMA appeal within 60 days of the denial letter, and suit in federal court within one year of the written denial. See NFIP claim denied and flood insurance appeal to FEMA. For a private flood policy, see the private flood guide.
Frequently asked questions
Is storm surge wind or flood?
Storm surge is overflow of tidal waters, which falls within the SFIP definition of flood when it inundates two or more acres or two or more properties. Homeowners policies typically exclude it as flood, even though a hurricane's wind drives the surge.
Can both policies pay for the same storm?
Yes, each pays for the damage caused by its covered peril, subject to its own limits and deductibles. Neither should pay twice for the same item, which is why a careful allocation of each damaged item matters.
What is the date of loss for a hurricane claim in Florida?
For a homeowners claim, section 627.70132(3) says the date of loss for hurricane claims is the date the hurricane made landfall. The NFIP uses the date the flood damaged your property.
Do I need to choose between the two claims?
No. You can and generally should pursue both when both perils caused damage, while keeping each insurer informed about the other claim.
Sources: Fla. Stat. 627.70131, 627.70132, 627.70152, 627.7015, 627.701, 627.715, 627.351(6)(aa), 624.155; 44 CFR Part 61, Appendix A(1), Sections II.B, VII.G, VII.J, VII.O; 44 CFR 62.20.