PLNew Yorkhard
A Suffolk County, Long Island insured carries a New York HO-3, renewed in March 2026, with a 5% hurricane deductible. The National Hurricane Center issues a tropical-storm warning (not a hurricane warning) for the area, the storm comes ashore on Long Island as a tropical storm, and a roof loss occurs. Under 11 NYCRR 74.4, the carrier:
AMust apply the 5% hurricane deductible because any named storm triggers it automatically
BMust deny the claim entirely because coastal wind losses are excluded
May not apply the hurricane deductible, as no hurricane made landfall in New York
DMust replace the policy with NYPIUA coverage before adjusting the loss
Why this is the answer
11 NYCRR 74.4 (Regulation 159), which applies to policies issued or renewed on or after February 2, 2026, allows a hurricane deductible to be triggered only when the National Weather Service determines that a hurricane made landfall in New York, and then only for wind damage from 12 hours before landfall until 12 hours after the last hurricane watch or warning for the state is cancelled. A tropical storm has sustained winds below 74 mph, so it is not a hurricane and cannot trigger the deductible; the standard all-other-perils deductible applies and the loss is adjusted normally.
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