The Texas Supreme Court Just Settled Which Deductible a Tornado Triggers

Nate Mclaughlin • September 7, 2026

One North Texas family's $87,156 lesson in the difference between the deductible you remember and the one that actually applies.

A homeowner reading the declarations page of a Texas homeowners policy, looking for the wind and hail deductible line

The siren goes off a little after ten on a spring night in Wise County. You take the hallway with the dog and a flashlight, the pressure changes, and it is over in ninety seconds. In the morning the roof is peeled back over the garage, the fence is somewhere in the neighbor's pasture, and the insurance card in your glovebox has a deductible number on it that you have half-remembered for years.

Then the adjuster's worksheet arrives, and the number on it is not the number you remembered. It is much larger.

In February, the Texas Supreme Court explained exactly why that happens, in a case worth understanding before the next warning goes out.

What the court actually decided

The case is Privilege Underwriters Reciprocal Exchange v. Mankoff, decided February 13, 2026. A tornado damaged the Mankoffs' home. Their homeowners policy carried an ordinary dwelling deductible and a separate, much larger windstorm and hail deductible, and like most policies, it never defined what a windstorm actually was.

The homeowners argued that a tornado is its own thing. A windstorm is wind; a tornado is a tornado. Since the policy never said tornadoes fell under the windstorm deductible, they argued the ordinary dwelling deductible should apply to their loss.

The court disagreed, and it did not find the question close. A tornado, the court reasoned, is always a windstorm, whatever else it may also be. The windstorm and hail deductible applied. For the Mankoffs, that was $87,156 they absorbed before their carrier paid a dollar.

It is worth being precise about what the ruling did and did not do. It did not take away anyone's coverage. The damage was covered. What it settled was who pays the first slice of the loss, and how big that slice is.

The deductible line most people never read

Texas homeowners policies generally carry two deductibles, not one, and they work differently from each other.

The first is usually a flat dollar amount that applies to ordinary losses, the kind of number people actually remember. The second applies specifically to wind and hail, and it is very often written as a percentage of your dwelling limit rather than as a dollar figure.

That percentage is where the surprise lives. To use round numbers purely as an illustration: if a home is insured for $400,000 of dwelling coverage and the wind and hail deductible is stated as two percent, the deductible on a storm claim is $8,000, not whatever flat figure appears on the other line. Your own numbers will be different, which is exactly the point.

Why North Texas feels this more than most places

Tornado Alley extends down into North and Central Texas, and the DFW metroplex sits inside it. That is not a statistical curiosity here; it is most of March through June.

Texas also leads the country in hail damage claims, and North Texas is among the hardest-hit parts of the state. The same deductible line governs both perils, which means the number that just got clarified for tornadoes is the same number that already applied to every hailstorm that has come through.

A single storm system frequently brings both. When it does, there is one wind and hail deductible standing between you and the claim payment, and after this ruling there is no longer an argument that a tornado somehow sidesteps it.

Where to look on your declarations page

Pull out your declarations page, the summary sheet your carrier sends at every renewal, and find the deductible section. You are looking for two entries, not one.

Note whether the wind and hail entry is a dollar amount or a percentage. If it is a percentage, find your Coverage A dwelling limit on the same page and do the multiplication now, while the weather is calm and you have a choice about what to do with the answer.

Check that dwelling limit at every renewal, too. Many policies raise it automatically to keep pace with construction costs, which quietly raises a percentage deductible right along with it. A two percent deductible on a home insured for $600,000 is a different obligation than it was when the same policy was written at $400,000.

If you read the page and still cannot tell which deductible would apply to a storm claim, that is not a failure on your part. Call your agent and ask the question directly. It takes about two minutes to answer and it is a great deal cheaper than finding out from an adjuster's worksheet.

What you can actually do about the number

Knowing the figure is the first step. Changing it is sometimes possible, and that depends on the carrier, the property, the roof, and the claims history.

Some carriers will write a lower percentage or a flat dollar wind and hail deductible for qualifying homes. There are also standalone products, sometimes called wind and hail deductible protection, built specifically to reimburse the deductible you would otherwise absorb out of pocket after a storm.

None of that is free. A lower deductible means more premium, and a buy-down product carries its own cost. The honest way to decide is to put the actual dollar figures side by side, look at how much cash you would need to produce on short notice after a bad night, and choose deliberately rather than by default.

Not every home or every carrier qualifies for every option, and the right answer for a 1970s roof in Decatur is not the right answer for new construction in Frisco. That is a conversation, not a form.

If a storm has already come through

Document everything before cleanup begins, photograph the damage from several angles, keep receipts for temporary repairs, and report the claim promptly rather than waiting to see how bad it looks in daylight.

Understand that these deductibles generally apply per occurrence. Two separate storms in one season usually mean two separate deductibles, which is its own argument for knowing the figure ahead of time.

And keep your declarations page somewhere you can reach it without power. A surprising share of the reasons claims get paid short or denied trace back to paperwork and timing rather than to coverage itself, and the same is true of the disputes that turn into court cases years later. If you want a second set of eyes on how your home insurance is structured before the next spring season, that review costs nothing.

Call (800) 666-2254 — or text QUOTE to (817) 646-6700 · tapinsuretx.com

Educational only; coverages and availability vary by carrier. TAP Insurance Agency, PLLC — Rhome, TX, licensed in Texas and Oklahoma.

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