Official report to the House of Representatives of the 58th Legislature of Texas Page: 5 of 63
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HISTORICAL BACKGROUND OF WINDSTORM COVERAGE
Historically, extended (windstorm) coverage in Texas has always excluded
rising waters. In 1913 the Texas Legislature required the State Fire Insurance
Commission to prescribe standard uniform policy forms. Since then, Texas
standard policies have contained exclusions stating: "This company shall not be
liable for any loss or damage . . . occasioned directly or indirectly, by or
through any . . . tidal wave, high water, overflow, cloudburst."
This exclusion was in the windstorm and tornado policy used in Texas at
the time of the 1915 disaster.
Even before then, a policy written onApril 30, 1900 (before the Galveston
storm) excluded " . . . loss or damage that may occur from hail, flood, waves,
whether tidal or otherwise."1
In 1932, the Board of Insurance Commissioners approved the Texas
"Standard Windstorm Policy No. 1" which insured against direct loss or damage
due to windstorm, cyclone and/or tornado. Its exclusion stated the company
would not be liable for damage " . . . caused directly or indirectly by tidal
wave, high water, or overflow whether driven by wind or not . ."
There was also adopted a "Standard Windstorm Policy No. 2" with a
similar exclusion.
In 1938, an extended coverage endorsement was promulgated with the
same coverage and exclusions contained in the forms previously adopted insofar
as windstorm was concerned.
During the 1940's there were heavy sustained hurricane losses in the
Houston
Galveston area.
In 1944, the Board of Insurance Commissioners prescribed a Texas standard
fire policy in which extended coverage was included. This insured against
"direct loss caused by windstorm, hurricane, hail, explosion" and other perils.
The exclusion stated:
Conditions Applicable Only to Windstorm, Hurricane and Hail: This
company shall not be liable for . loss caused by tidal wave, rising
water, snowstorm, blizzard or change in temperature, nor, unless
caused directly by a hurricane, for any loss caused by water or rain,
whether driven by wind or not unless the wind or hail shall first make
an opening in the walls or roof of the described building, and shall then
be liable only for loss to the interior of the building, or the insured
property therein, caused immediately by water or rain entering the
building through such openings.
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Texas Legislature. House of Representatives. General Investigating Committee. Official report to the House of Representatives of the 58th Legislature of Texas, book, 1963; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth5868/m1/5/?q=waco+tornado: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .