Tropical Storm Fay has brought a deluge to Lake County. The local Books-A-Million is sold out of “Ark Building for Dummies.” Unfortunately, this is no laughing matter for the many Floridians whose homes are flooded by rising waters. Most homeowner’s insurance policies do not cover flooding caused by rising water. They only cover wind driven water damage. You need “flood insurance” from the National Flood Insurance Program to cover damage caused by rising waters. Some private insurers offer flood coverage for an additional premium, but most don’t. The good news is that higher hurricane deductibles won’t apply because Fay never became a hurricane. For more details, I suggest that you read this very well done article from the “Orlando Sentintel”.
The question of wind driven water versus rising waters can be fertile ground for litigation. Although with Fay, it may be very clear that most of the flooding is from rising water. If you think your claim has been unfairly denied, you may wish to consult one of the many lawyers who handle insurance claims and have experience in this area. Be forewarned though, courts will enforce insurance policies as written, as many Florida and New Orleans homeowners have learned.
The Harry Thomas Hackney Florida Law Blog 