In order to be eligible for windstorm coverage with TWIA, most properties must also be covered by flood insurance. This requirement is spelled out in Texas Insurance Code Chapter 2210 and TWIA’s Plan of Operation in the Texas Administrative Code (TAC §5.4902, §5.4904). TAC §5.4904 states that the flood insurance requirement applies to “a building activity or action on a structure that would require the insured or applicant to obtain a certificate of compliance, prior to the structure being considered to be an insurable property eligible for insurance coverage from the Association.” The law initiating the flood insurance requirement went into effect on September 1, 2009. The requirement therefore applies to structures that have had building activity on or after September 1, 2009, that required the applicant to obtain a certificate of compliance (WPI-8) through TDI’s Windstorm Inspection Program.

In other words, the flood insurance requirement is triggered when all of the following conditions exist:

1.  All or any part of the property is located in one of the designated National Flood Insurance Program (NFIP) flood zones (V, VE or V1 – V30).

2. Flood insurance is available for the property from the NFIP.

AND either

3.  The structure is being constructed, altered, remodeled, or enlarged beginning on or after September 1, 2009, and it requires a WPI-8.

OR

4.  The structure is being repaired beginning on or after September 1, 2009, and it requires a WPI-8.

While the rule governing the flood insurance requirement states that it does not apply to the repair of a structure, TDI and TWIA have consistently interpreted this to mean repairs that do not require a WPI-8. 

  More information is available on our website.