Typical property insurance policies do not cover hurricane related flooding. The National Flood Insurance Program (NFIP) was created in 1968 by Congress to help reduce the impact of flooding on private and public structures.
Federal
The NFIP has three components:
- To provide flood insurance: the NFIP provides a means for property owners to financially protect themselves against floods, hurricanes, tropical storms, and heavy rains by offering flood insurance to homeowners, renters, and business owners if their community participates in the NFIP. These participating communities agree to adopt and enforce ordinances that meet or exceed the Federal Emergency Management Agency (“FEMA”) requirements to reduce the risk of flooding.
- To improve floodplain management: this refers to all actions that states and communities can take to reduce flood damage to both new and existing buildings and infrastructure. Communities incorporate NFIP requirements into their zoning codes, subdivision ordinance, and building codes, or they adopt special purpose floodplain management ordinances. Some requirements include:
a. Elevation of new and substantially improved residential structures above the base flood level
b. Elevation or dry floodproofing (made watertight) of new or substantially improved non-residential structures
c. Regulation of development in floodways
- To develop maps of flood hazard zones. To help communities understand their risk, FEMA creates Flood Insurance Rate Maps (FIRMs) to distinguish between areas of high, moderate-to-low, and undetermined risk. In high-risk areas, there is at least a one in four chance of flooding during a 30-year mortgage.
The FEMA flood maps have great potential to protect homeowners and business owners against large losses due to flooding, but there has been speculation that these maps are not entirely accurate. Incorrectly identified flood hazard zones increase flood insurance premium rates unnecessarily, taking a toll on residents’ finances, the real estate market, and the local economy.
On July 6, 2012, President Obama signed into law a five-year comprehensive reform of the National Flood Insurance Program, “The Biggert-Waters Flood Insurance Reform Act of 2012.” It contained the following reforms:
- Expressly provides authority for the NFIP to secure reinsurance coverage from the private market at rates and terms determined by the Administrator to be reasonable and appropriate in an amount sufficient to maintain the ability of the program to pay claims.
- Requires a reinsurance assessment report to Congress not later than 12 months after the date of enactment. As part of the assessment the NFIP must:
a. Assess the capacity of the private reinsurance, capital and financial markets by requesting proposals from the private sector to assume a portion of the insurance risk from the NFIP;
b. Describe the extent to which the reinsurance proposals would minimize the likelihood that FEMA would need to use its borrowing authority;
c. Describe fluctuations in historical reinsurance rates;
d. Include an economic cost-benefit analysis of the impact on the NFIP if the Administrator were to exercise its authority and purchase reinsurance
- Requires the NFIP to develop a protocol for release of the NFIP data to assist in this assessment.
- Require the NFIP to conduct an annual assessment of its claims paying capacity, including the role private reinsurance could play, not later than September 30 of each year.
On March 21, 2014, President Obama signed into law the Homeowner Flood Insurance Affordability Act of 2014. In response to Biggert-Waters, this bill made additional changes to the NFIP in addition to repealing and modifying portions of Biggert-Waters. It primarily contained the following:
- Lowered rate increases on some policies, prevented future rate increases, and implemented a surcharge on all policyholders
- Repealed certain rate increases under Biggert-Waters and provided refunds
- Authorized additional resources for the National Academy of Science to complete a study on the affordability of flood insurance
Although insurance is often used to combat the potential losses of a hurricane, when they do strike not everyone is prepared. The Stafford Act, an amended version of the Disaster Relief Act of 1974, was passed in 1988 and is designed to help after disasters. It was amended in 2000 by the Disaster Mitigation Act and again in 2006 by the Pets Evacuation and Transportation Standards Act. Stafford gave the power of coordinating government-wide relief efforts to the Federal Emergency Management Agency (FEMA) following a presidential disaster or emergency declaration. In the event of a hurricane, immediate disaster assistance and funds would be available under the Stafford Act and FEMA. Assistance is also provided to state and local governments, often in the form of food, clothing, shelter, and recovery loans. Federal agencies can also provide technical assistance to states by helping them prepare for earthquakes through grants. States and local governments are responsible for 25% of the costs under the Stafford Act.
State & Local
One of the most important ways in which the States ensure they are ready for potential hurricanes are building codes. These codes are regulations which say what is allowed in the design, construction, alteration and, maintenance of buildings. Most states and local jurisdictions adopt the building codes maintained by the International Code Council (ICC). The ICC issues three main building codes:
The International Building Code (IBC) – for new buildings
The International Residential Code (IRC) – for new residences
The International Existing Building Code (IEBC) – for maintenance and updates
Several provisions within these codes are designed to handle wind and flood hazards. The ICC keeps a list of which codes each state has currently adopted.
Alabama Deductibles
State law mandates that insurers offer discounts to policyholders who strengthen their homes against wind damage. The Alabama Insurance Underwriting Association (Beach Plan) provides a wind and hail only policy for homes, condominiums, mobile homes and commercial businesses located in the Beach, Seacoast and Gulf Front territories of Baldwin and Mobile Counties. The plan offers discounts on policies covering residential dwellings built to, or retrofitted to fortified wind resistive standards, as certified by the IBHS.
Connecticut Deductibles
The trigger for hurricane deductibles, or the point at which they apply, is by law when the National Weather Service (NWS) declares a hurricane that records winds of 74 miles per hour or more anywhere in Connecticut. The hurricane deductible is in effect until 24 hours following termination of the last hurricane warning issued for any part of Connecticut by the NWS; or 24 hours after the hurricane is downgraded from a hurricane by the NWS for any part of Connecticut. The insurance department allows companies to apply an actuarially justified hurricane deductible based on a property’s distance from the ocean. The insurance department has guidelines for shutter mitigation requirements and details.
The Connecticut FAIR Plan insures homeowners who have not been able to find coverage elsewhere. Dwellings located within 2,600 feet of the shoreline will have two deductibles—one deductible for named perils and a separate hurricane deductible of 5 percent.
The Coastal Market Assistance Program (C-MAP) assists homeowners living in Connecticut coastal areas who have been unable to obtain insurance.
Delaware Deductibles
Insurance Placement Facility of Delaware: The facility insures homeowners who have not been able to find coverage elsewhere for windstorm and hail damage. The FAIR Plan uses a $2,000 hurricane deductible that is mandatory in certain zip codes along the coast and optional in other zip codes. The deductible is triggered when the National Hurricane Center of the National Weather Service declares a hurricane watch or warning for any part of the state and ends 72 hours after the National Weather Service terminates the last hurricane watch or warning for any part of the state.
District of Columbia Deductibles
The District of Columbia Property Insurance Facility (FAIR Plan) insures homeowners who have not been able to find coverage elsewhere.
Florida Deductibles
Florida is the only state that has created a reinsurance catastrophe fund in the United States. The state-run Florida Hurricane Catastrophe Fund (FHCF) was formed in 1993 after Hurricane Andrew hit the state in 1992. Annually, the FHCF sells more reinsurance than the amount of its accumulated funds.
In the event of a loss exceeding its available funds, the FHCF is authorized to issue bonds backed by its ability to assess (tax) property and casualty insurance policyholders to repay the bonds. Through this post-loss taxation, the FHCF essentially makes consumers the reinsurers of Florida’s property insurers.
The fund’s solvency was not materially tested until the eight storms of 2004 and 2005. At that time, despite more than a decade to build up its financing, the FHCF exhausted its surplus funds. The FHCF has never purchased reinsurance or capital market reinsurance equivalents. Because of concerns that it did not have enough money to pay claims before it was able to access bond funding, in 2006 the FHCF issued pre-event bonds to additional cash on hand.
In 2007 in response to consumer complaints about the cost of homeowners insurance, the legislature greatly expanded the FHCF solely to reduce consumer rates. The FHCF was required to offer insurers an additional $12 billion of reinsurance at below market prices. This additional coverage was called the “temporary increase in coverage limit” (TICL layer.)
The ability of the FHCF to obtain funding to pay for its TICL layer contractual obligations was never assured. During the 2008 legislative session, some state leaders began expressing concerns about the impact of potential FHCF surcharges on Florida consumers.
OrlandoSentinel.com, “Florida Lawmakers, Worried About the Cost of a Monster Storm, are Rethinking Backup Coverage,” February 9, 2008:
[Chief Financial Officer] Sink’s office told the House Insurance Committee Friday that surcharges after a mega-storm could cost every insured homeowner anywhere from $11,000 to $18,000 over 30 years. Policies insuring autos and boats would be surcharged as well. That doesn’t include additional assessments the state-run Citizen’s Property Insurance Co., Florida’s largest home insurer, would have to levy to pay claims.
Due to the size of its potential bond offering and events in the bond markets, beginning in late 2008 and into 2009 the FHCF advisors reported that the catastrophe fund would not be able to borrow sufficient funds if needed to satisfy the full amount of its contractual obligations – a potential shortfall of $14 to $18 billion.
Since that time, the size of potential shortfalls has reduced, and the FHCF can now fund its first storm. Concerns remain for the second storm. On a number of occasions since 2009, the FHCF has determined that it would not have been able to borrow sufficient funds if needed. The most notable reason cited by the FHCF is the volatility in the bond markets. Due in part to both general economic concerns and the collapse of the municipal bond guarantee market, the bond market conditions have caused the FHCF to question its ability to meet its obligations in full or timely.
Even if the FHCF is able to borrow enough money to meet its contractual obligations, the borrowed money will have to be repaid and all Florida policyholders, including those not benefiting from the FHCF coverage such as commercial, charitable, and auto policyholders, will be taxed to repay the bonds that will be needed to satisfy the desire to set homeowners rates politically, instead of basing them on risk.
Hurricane deductibles and their triggers are set by law and are the same for the private, or regular market, as well as Florida’s Citizens Property Insurance Corporation (CPIC), the state-run program which provides property insurance to consumers. The hurricane deductible applies only once during a hurricane season. All insurers must offer a hurricane deductible of $500, 2 percent, 5 percent and 10 percent of the policy dwelling or structure limits. The percentages are based on the total value of the home. By Florida law, property insurance rate filings must include mitigation discounts or credits. These are applied to property insurance premiums. These discounts are available for personal and commercial residential property only. See Florida Office of Insurance Regulation for details.
The CPIC (Citizens), Florida's state-run insurer of last resort will insure new homeowners in high-risk areas and others who cannot find coverage in the open private market. Under Florida law, Citizens may write a new insurance policy only if no comparable private market coverage is available or comparable private market policy premiums are more than 15 percent higher than a comparable Citizens policy.
The Florida Market Assistance Program is a free referral service designed to match consumers who cannot find property insurance with Florida-licensed agents and insurers who are writing new business.
Georgia Deductibles
The Georgia Insurance Underwriting Association (FAIR Plan) insures those who have not been able to find coverage elsewhere for windstorm and hail damage only for homes and businesses on the offshore islands and in certain counties, and wind and hail and other perils in the remainder of the state.
Hawaii Deductibles
Most homeowner insurers provide property coverage for all perils and liability but exclude hurricane insurance. Homeowners must purchase hurricane insurance separately from specialized companies. Hawaii Department of Commerce and Consumer Affairs, Insurance Division.
Louisiana Deductibles
There are three deductibles for homeowner policies related to wind damage: hurricane, named storm, and windstorm and hail. Named storm deductibles are activated when the National Hurricane Center reports that a storm reached tropical storm strength when winds reach 39 miles per hour (mph). Hurricane deductibles are activated when the National Hurricane Center reports that a tropical storm reached hurricane strength, at 74 mph. Windstorm and hail deductibles are used when homes sustain damage from winds from any source: hurricanes and tropical storms, tornadoes, or other storms.
Insurers generally cannot increase the named storm or hurricane deductible on homeowner insurance policies that have been in effect for more than three years. Insurers cannot impose more than one named storm or hurricane deductible per hurricane season.
State regulations mandate that homeowners may be eligible for premium discounts if they build or retrofit their home to comply with the state’s construction code or install mitigation or retrofitting improvements that are known to reduce loss from a windstorm or hurricane.
The Louisiana Citizens Property Insurance Corporation provides insurance for residential and commercial property for those who cannot obtain it in the voluntary market. The Louisiana Citizens FAIR Plan and the Louisiana Citizens Coastal Plan operate as programs of the Louisiana Citizens Property Insurance Corporation. Both offer wind and hail only policies.
Maine Deductibles
According to the Maine Bureau of Insurance, a hurricane deductible may be applied only during the period that starts when the National Weather Service issues a hurricane warning for a forecast zone that includes any part of the municipality in which the insured property is located and ends 24 hours after the National Weather Service terminates the last hurricane warning for that forecast zone.
Maryland Deductibles
Maryland law allows a hurricane deductible to be applied to the entire state if there is a hurricane warning in any part of the state. Hurricane or other windstorm deductibles can exceed 5 percent of the coverage limit without the approval of the Maryland Insurance Administration. The insurer must file any underwriting standard that contains a deductible over 5 percent. Insurers are required by law to offer a premium discount to homeowners who submit proof to their insurer that they have made qualified mitigation repairs or improvements that materially mitigate loss from wind and have had these improvements inspected by a licensed contractor. The improvements are subject to inspection and verification by the insurer.
The Maryland Joint Insurance Association insures homeowners and businesses who have not been able to find coverage elsewhere. Seasonal property and mobile homes are not eligible. Windstorm or hail deductibles apply to property within 200 feet of water.
Massachusetts Deductibles
The Massachusetts Property Insurance Underwriting Association (FAIR Plan) insures properties where the homeowner or business has not been able to find coverage elsewhere. The plan uses a windstorm/hail deductible for any type of wind damage.
Mississippi Deductibles
In Mississippi, percentage storm deductibles can be named storm deductibles or hurricane deductibles. In both cases the deductible applies beginning when a named storm or hurricane watch or warning is issued anywhere in the state by the National Hurricane Center of the National Weather Service and ending 24 hours after the last-named storm or hurricane watch or warning is issued for any part of the state. Insurers that use named storm or hurricane deductibles must clearly state on the homeowner policy the timing for the deductible and offer a practical example of how the deductible works.
Mississippi Windstorm Underwriting Association (MWUA, Wind Pool): MWUA provides windstorm and hail coverage only in the coastal counties of George, Hancock, Harrison, Jackson, Pearl River and Stone.
Mississippi Residential Property Insurance Underwriting Association (MRPIUA): Insures owners of one- and two-family dwellings in the state who have not been able to find coverage elsewhere for windstorm, hail and fire and extended coverage.
New Jersey Deductibles
In New Jersey, hurricane deductibles approved by the Department of Banking and Insurance apply to losses from a storm designated a hurricane by the National Weather Service (NWS) but only if sustained wind speeds of 74 mph have been measured somewhere in the state. According to the Department of Banking and Insurance, the duration of a hurricane includes the time period beginning 12 hours prior to the first time sustained hurricane force winds of 74 miles per hour or greater are measured in New Jersey by the NWS (regardless of whether the sustained hurricane force winds reach the risk insured under the policy) continuing for the time period during which hurricane conditions exist anywhere in New Jersey and ending 12 hours after the last time hurricane force winds of 74 miles per hour or greater are measured in the state by the NWS.
The New Jersey Insurance Underwriting Association (FAIR Plan): Insures one- to four-family homes where the owner has not been able to find coverage elsewhere. Coverage is limited, but perils include wind. In certain coastal areas, a special hurricane deductible may apply. Hurricane deductibles apply to losses from a storm designated a hurricane by the National Weather Service, with sustained winds speeds of 74 mph anywhere in the state, beginning 12 hours before the 74 mph winds begin and ending 12 hours after the last measurement of 74 mph winds is made. Homes that have certain wind-resistant features are eligible for a hurricane deductible reduction if they are properly documented.
New York Deductibles
According to the New York State Insurance Department, the mandatory deductibles which are shown on the policy’s declarations page commonly range from 1 percent to 5 percent of the insured amount. The event which triggers the deductible varies among insurers. Some use a category 1 as the trigger, while others use category 2. In any event, the hurricane would have to be designated by either the National Weather Service or the National Hurricane Center. Hurricane deductibles by company can be viewed on the New York State Department of Financial Services Website.
Insurers are required by law to offer discounts to any homeowner who has installed hurricane/storm shutters or hurricane-resistant laminated glass windows and doors.
The New York Property Insurance Underwriting Association (FAIR Plan) insures residential and commercial properties in the state where the homeowner cannot find coverage elsewhere. "Extended coverage" includes windstorm coverage. The Coastal Market Assistance Plan (C-MAP) assists policyholders living on the south shore of Long Island, Brooklyn, Queens, Staten Island, and Long Island’s forks that are within 1 mile of the shore and property on the north shore of Long Island, in the Bronx and Westchester within 2,500 feet of the shore locate an insurer willing to provide homeowners coverage.
North Carolina Deductibles
The North Carolina Joint Underwriting Association (FAIR Plan) insures residential and commercial properties statewide where the homeowner has not been able to find property coverage elsewhere. The Coastal Property Insurance Pool (CPIP) offers commercial, homeowner and dwelling windstorm coverage and homeowner coverage in the 18 eligible coastal counties of North Carolina.
Pennsylvania Deductibles
According to the Department of Insurance, some homeowner insurance policies for properties located in the state have special hurricane, tropical storm or named storm deductibles based on a percentage of a property’s insured value. These deductibles typically range from 1 percent of a home’s insured value to 5 percent.
The Pennsylvania FAIR Plan, formally known as the Insurance Placement Facility of Pennsylvania, makes basic property insurance available to persons who have been unable to secure such insurance from the voluntary insurance market. Windstorm coverage is available from the Facility under Extended Property Insurance Coverage.
Rhode Island Deductibles
Insurers in Rhode Island may apply a hurricane deductible on homeowner policies of no more than 5 percent of a home’s insured value. Windstorm deductibles may not be used. (Windstorm deductibles apply to damage from any kind of wind, not solely from hurricanes.) Insurers may offer a flat dollar deductible instead of or in addition to a percentage deductible but the total deductible may not exceed 5 percent of the insured value of the property. Premium credits, or discounts, must be provided if policies have hurricane deductibles. The deductible will only be in effect when the National Weather Service issues a hurricane warning for the applicable parts of Rhode Island and will remain in effect for 24 hours after the last warning.
According to the Department of Insurance, for Block Island, a loss is due to a hurricane when there are hurricane force sustained winds as defined by the National Weather Service. For the remainder of the state, a loss is due to a hurricane when there are hurricane force sustained winds anywhere in the state other than Block Island, as reported by the National Weather Service. If a policyholder experiences a loss from more than one hurricane in a calendar year, the insurer can apply the hurricane deductible only once. Insurers are required to post a notice containing all details pertaining to hurricane deductibles on the homeowner policy, including at least two practical examples of how they work.
Mitigation: Insurers can require mitigation measures only in certain specified zones and must waive the hurricane deductible if the policyholder implements approved mitigation measures. See Rhode Island Department of Insurance regulations.
Rhode Island Joint Reinsurance Association: Insures homeowners and commercial property owners who have not been able to find coverage in the voluntary market. Hurricane deductibles are mandatory and deductibles may not exceed 5 percent and will vary by territory and by the Rhode Island Building Code Wind Zone. Mitigation measures will eliminate or reduce the hurricane deductibles and will also provide for premium relief.
South Carolina Deductibles
Insurers in South Carolina are required to notify residential property insurance policyholders if the policy contains a separate deductible for hurricane, wind or named storm damage. If it is included, the insurer must provide an example to show how the deductible functions for a policy valued at $100,000. The insurer must also include a clear explanation of the event that will trigger the deductible.
The South Carolina Wind and Hail Underwriting Association (Wind Pool) insures properties where the homeowner has not been able to find coverage elsewhere for windstorm and hail damage from any type of windstorm. The Wind Pool operates in certain coastal areas.
Texas Deductibles
Under Texas law, the windstorm deductible applies to windstorm and hail damage from any type of wind storm, not only named storms or hurricanes.
The Texas Windstorm Insurance Association (TWIA or Association) was established in 1971 by the Texas Legislature to provide wind and hail coverage to applicants unable to obtain insurance in the private market. The Legislature’s action was a response to market constrictions along the Texas coast after several hurricanes. TWIA is governed by Chapter 2210 of the Texas Insurance Code (Chapter 2210); however, it is not a state agency and does not receive funds from the general revenue.
The TWIA is the insurer of last resort for property owners along the Texas Gulf Coast who may otherwise not be able to find insurance. But in the aftermath of Hurricane Harvey, some homeowners who paid into the association for years said it failed to cover their costs or forced them into complicated legal battles to fight claims. From not returning phone calls to underestimating damage, some homeowners say Hurricane Harvey exposed problems with TWIA, an association plagued with accusations of mishandling claims and funding problems in the past.
The Texas Fair Access to Insurance Requirements Plan Association (FAIR Plan) provides residential property insurance to qualified homeowners who cannot obtain insurance from licensed insurance companies. The FAIR plan operates statewide but cannot provide wind and hail coverage in areas that are eligible for inclusion in the TWIA (The TWIA covers only 14 coastal counties and five communities in Harris County [Galveston Bay].) Helpinsure.com, administered by the Texas Department of Insurance has several resources available to help coastal residents find wind and hail insurance coverage. It includes a Coastal Insurance Resource page with information about wind and hail coverage and companies that are providing the coverage in coastal areas.
Virginia Deductibles
The Virginia Property Insurance Association (FAIR Plan) provides dwelling and commercial property coverage to individuals and businesses throughout the state that are unable to obtain coverage through the voluntary insurance market.