Author: VU Faculty

Most named perils property policies cover "windstorm." Note that this doesn't say "wind," but rather "windSTORM." So the question is, what constitutes a windstorm? This issue recently arose in an auto claim, but the peril is the same as that under homeowners and commercial property policies.

Here is a question received by our "Ask an Expert" service:

"We have an insured that reported an auto loss. He is a farmer and his truck was parked at the farm. On that day we had high winds, but no storms. A bale feeder located on the farm was blown into the side of the truck, denting the vehicle. The feeder bounced off and the wind grabbed hold of it again and it slid down the side of the truck, scratching the vehicle and knocking off the mirror. We turned the claim into the insurer as a comprehensive loss using windstorm as the cause of loss.

"I received a fax from the adjuster denying this claim as a comprehensive loss,saying that it should be paid as a collision loss for the following reason. The insurer defines a windstorm as 60-70 mph documented wind speeds. Our investigation of this loss revealed documented wind speeds of up to 30 mph. These speeds do not meet the insurer's windstorm definition.

"I called the adjuster back on the phone and explained that the ISO form shows that a windstorm is considered an Other Than Collision loss and that they could not make up their own definition of what a windstorm was to determine whether to pay a loss under comprehensive or collsion. The adjuster was holding her ground and I have asked for her supervisor to call me back but as of yet have heard nothing. In the meantime I wanted to get your opinion."

While consumers often think of homeowners insurance as "fire insurance," losses due to weather, particularly windstorm, are far more common than fire losses. A common named peril is "windstorm." Note that this doesn't say "wind," but rather "windSTORM." So the question is, what constitutes a windstorm? While this particular claim is an auto claim, the peril is the same as that under homeowners and commercial property policies, so this discussion applies to a number of different policies. Below are some comments from our faculty.

1.  A 30 mile an hour wind won't move a large piece of farm equipment.
2.  Wind speeds aren't constant over a large area.
3.  Ask the adjuster to determine the wind velocity to move the equipment.

Unless the insurance policy has its own contractual definition of windstorm or a precise definition of collision and other than collision that is different from the ISO form, I do not see how one can be made up after a loss. You may find, in coastal areas, that some residual or excess market policies may define this term, but ISO and most company forms do not.

If the insurer has defined the term, why didn't they include it in their contract? If the policy does not define windstorm with a certain velocity of wind, the insurer cannot retrospectively add one.

The policy does not define windstorm, so we turn to dictionaries. I looked at a half dozen dictionaries and none of them agreed on a precise definition. Therefore, the term is ambiguous and a "windstorm" is whatever the insured reasonably thinks one is.

Here are several dictionary definitions:

•  A storm with heavy wind but little or no precipitation.

•  A storm with high winds or violent gusts but little or no rain.

•  A storm consisting of violent winds.

•  A storm marked by high wind with little or no precipitation.

None of these attach a speed to the wind. If the insurer says a "windstorm" involves winds in excess of 60 mph, why don't they simply put that in the policy? The dictionaries say a "windstorm" is one with winds that are "heavy," "high," or "violent." I'd say if winds caused damage, they were "heavy," "high," or "violent."

If you asked any property adjuster in America if a hurricane was a "windstorm," he or she would say "yes." That's not even being argued in all of the Katrina claims. However, if you look at dictionary definitions of "windstorm," they most often say it's a storm "with little or no precipitation." Well, we know that hurricanes include HUGE amounts of precipitation.

Therefore, if you look at the dictionary definitions of "windstorm," they wouldn't include hurricanes and, without special causes of loss ("all risk") coverage, named perils policies would provide little or no coverage. Obviously that's not the case, so I believe this makes the term "windstorm" ambiguous. As such, any reasonable interpretation of the insured should trigger coverage.

As an aside, just to prove you can't believe everything you read on the internet, look at this woefully outdated explanation of "windstorm insurance":

Windstorm Insurance
http://www.answers.com/topic/windstorm-insurance
Additional coverage available on most property insurance policies through the Extended Coverage Endorsement. Windstorms, including hurricanes, cyclones, and high winds, are not among the covered perils under most property insurance policies. See also Storm Insurance (Windstorm Insurance).

Just wait'll they see that indemnity-defying new-fangled replacement cost coverage!

Bill-

With regard to "what's a windstorm," Roy McCormack in Rough Notes magazine refers to the Beaufort scale and I think this supports the argument that a "windstorm" occurs with winds well below 60 mph, to wit:

 Mph    Knots   Class           Effects
-----   -----   -------------   -----------------------
25-31   22-27   Strong Breeze   Large branches in
                                motion; whistling heard
                                in telegraph wires;
                                umbrellas used with
                                difficulty.
32-38   28-33   Near Gale       Whole trees in motion;
                                inconvenience felt when
                                walking against the
                                wind.
39-46   34-40   Gale            Breaks twigs off trees;

American Heritage dictionary defines gale...2. Meteorology. a. Any of four winds with speeds of from 32 to 63 miles (51 to 102 kilometers) per hour, according to the Beaufort scale.

Certainly a gale is a windstorm. In today's world I think that "strong breeze" and "near gale" also probably qualify as windstorms when interpreting an insurance policy that doesn't have a specific definition.

Updated: February 27, 2024

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