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Hurricane window damage

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limpyL

Member
What is the name of your state (only U.S. law)? MD

During Hurricane irene i had window damage. my insurance company had an engineer come out and inspected the property and this is what he found

"The insured risk is a two story, wood framed, brick front dwelling that according to the insured, who is the original owner, was built in 2001 (see photo no. 1). The insured explained that during Irene, strong winds were blowing a heavy rain primarily toward the front wall of the house. Since the winds were from the northeast at the height of the storm gusting up to 70 mph, this recollection is meteorologically accurate; the front of the house faces due north and would have been windward to the storm. The rain was in fact extremely heavy and in less than 24 hours, approximately 10 inches of rain was documented in this area (see figure nos. 1 & 2). During the storm the insured experienced heavy water seepage through the front door and windows on both the first and second floor. The seepage occurred through the front windows primarily (see photo nos. 2 & 3). In combination with the high winds the heavy rain simply exposed these windows and the front brick fa�ade to conditions in which they were no longer weather resistant."

his conclusion

"1. Seepage to the interior at the insured risk is caused by improper installation and maintenance of the windows and front door. Large openings existing between the vinyl units and the brick fa�ade that date to the original installation and remain in spite of reported, specific caulking maintenance performed within the last year. These gaps are openings into which a wind driven rain can readily seep.
2. The seepage is not through the fault in the windows (and front door) or damage to the windows (and front door) caused by the storm. The seepage to the interior is caused simply because the windows (and front door) were not installed or maintained correctly.
3. The window seals are failing randomly causing some windows to fog. This is the pattern in which seal failure occurs as gasket materials gradually break down permitting air to fill the space between the formerly & "sealed" panes of glass. Winds from Irene did not cause or worsen the performance of the window seals or result in an increased number of windows now experiencing fogging as a result of seal failure.
4. There are but two shingle tabs blown off the roof on the west slope of the left, front dormer. This shingle loss is attributed to the winds from Irene and require only that these shingle tabs be replaced."

I feel that the caulking failed because of the gusting winds and the (during the storm the windows were bowing in and "popping" back out) and the heavy rain being pushed in while the windows were "popping"

My question would be why wouldn't my insurance company pay to get them replaced? They replaced the items inside as well as the damage to the inside of the house. Of the 20-24 windows there were subject to high winds only 1 or 2 were foggy and one of those windows had rust inside of them. Other than that there were NO damage to any of the windows. As for the caulking I had them redone almost a year prior when i had my house painted. (I have the contract that shows the work was completed) With caulking being so flexible after several hours of 70 mph gusting winds is it expected to remain in tact?
 



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