Our question concerns application of loss assessment in the 1984 HO-6. Many of our insureds have a separate “windstorm” deductible, which is a percentage deductible subject to a $1,000 minimum. This windstorm deductible is separate from the standard $250 deductible.

Following Hurricane Georges, we have had many assessment claims, and have been debating with the company whether the windstorm deductible or the regular deductible should apply to these claims, and what date to use for the loss assessment coverage date of loss.

Our argument for the lower deductible is based on the fact that the policy wording states: “We will pay up to $1,000 for your share of any loss assessment charged during the policy period against you by a corporation or association of property owners.” We have therefore used the date of the assessment as the date of loss. We also think that this is an assessment claim, and not a hurricane claim, and therefore the lower deductible should apply.