Rain Exclusion and the Opening Rule

Also called: wind-driven rain, the opening requirement, rain limitation, storm-created opening

By Nelson Avila, Licensed Florida Public Adjuster (License G332385) · Florida Certified Contractor · Property Insurance Appraiser & Umpire
Homeland Public Adjusters · Last reviewed: November 2026

Missing and creased shingles are the kind of storm-made opening a roof leak claim turns on.

Full guide: Roof Leaking? What to Do and Will Insurance Pay

How the wording reads

Citizens Property Insurance Corporation’s policy, as quoted by Florida’s Third District Court of Appeal, does not cover loss “caused by . . . [r]ain . . . to the interior of a building unless a covered peril first damages the building causing an opening in a roof . . . and the rain . . . enters through this opening” (Ortega v. Citizens Property Ins. Corp., Fla. 3d DCA 2018). Other carriers use similar wording, sometimes in the perils section and sometimes in the exclusions. Homeland requests a certified copy of your policy and reads the exact text on your form.

What the carrier argues

• No opening: the inspector found no storm damage to the roof or walls.
• Age, not the storm: the water came in through worn materials, which the carrier calls the wear and tear exclusion.
• A long-term leak: many policy forms exclude constant or repeated seepage or leakage of water over a period of weeks, months or years.
• Damage before the storm: the stain or rot was there before the date of loss.

What the court looked at

In Ortega, the owner’s evidence was testimony that a tree branch went through the roof and a contractor’s affidavit describing windstorm uplift damage. The court held that this created a genuine dispute over whether a covered peril made the opening and reversed the judgment for Citizens. The opening does not have to be a large hole; it has to be damage from a covered peril that let the rain in.

What Homeland documents

• The opening: lifted or creased shingles, broken seal strips, missing or cracked tiles, punctures, displaced flashing or ridge vents, photographed and measured.
• The storm: the date, wind and hail reports, and weather data for your address.
• The water path: from the opening through the attic or wall cavity to the ceiling stain.
• The interior damage: ceilings, walls, insulation, flooring and contents, with moisture readings.
• Temporary repairs: the tarp invoice and photos of the damage under it.

Florida and New Jersey

Florida and New Jersey homeowners policies both use wind-and-opening wording on many forms. Policies in both states set deadlines for giving notice of a claim, and Florida also sets them by statute. Call Homeland first: we give your insurer notice and meet every deadline for you. See date of loss for why the storm date matters on a roof claim.

Frequently asked questions

Related terms

If this is your loss, call Homeland before you talk to the insurance company: Florida (305) 783-3777, New Jersey (732) 517-3777, 24 hours. A licensed public adjuster reviews the claim for free and calls you back right away. No Recovery, No Fee.

Sources

• Ortega v. Citizens Property Insurance Corp., No. 3D17-2028 (Fla. 3d DCA Oct. 31, 2018)

This article is for general information only and is not legal or insurance advice. Statutes, regulations and policy wording change, and how they apply depends on your own policy and the facts of your claim. Homeland Public Adjusters is a public adjusting firm, not a law firm.