Windstorm damage or falling object?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 22, 2017

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Insurance Question from Leicester, NC

Asked on 06/22/2017

Windstorm damage or falling object? A tree branch fell on my roof, punctured it and broke off edge facial and trim. I say it is NOT wind damage because the wind did not damage the house, the branch did. Insurance company is calling it windstorm damage (it did occur during a rainstorm) and is applying the $1000 deductible, not the $500 deductible. ALL definitions of windstorm damage I can find agree with me. Which is it.

Answer given on June 25, 2017

Part of an adjuster’s job is to determine the cause of damage as well as determine if it is covered. While the wind did not damage your home, the wind caused the tree branch to fall and it struck your home. Had there not been a rainstorm and accompanying wind, then the loss would most likely been determined as another cause of loss, such as a fallling object.   However,  this claim is being handled as a windstorm loss due to the circumstances around the branch falling.  

You can review your homeowner insurance policy again to see the definition of wind damage and/or discuss it with your insurance agent or the adjuster. They should be able to better explain how they came to the determination of wind damage.  It was not an attempt to apply the higher deductible to the damage.


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