Water damage is one of the most common — and most frequently disputed — property insurance claims in Florida. The source of water intrusion matters enormously to your insurer, and carriers routinely use source disputes to minimize or deny coverage.
Water damage can strike in countless ways — a leaking roof, a burst pipe, a malfunctioning dishwasher or refrigerator line, a failed water heater or air conditioner, or a malfunctioning fire sprinkler. If you live in a condo or work in a high-rise, a leak from the unit above is a common culprit. Damage can also come from external forces like wind, hail, flood, or even a vehicle striking your property. Whatever the cause, we can help.
Time matters. Report the claim as soon as possible, and take immediate steps to document and mitigate the damage. Left unattended, water damage can quickly lead to mold, decay, and further deterioration — and those resulting damages may not be covered if the delay is seen as a failure to mitigate.
Understanding “Covered” vs. “Ensuing” Loss
One of the most misunderstood parts of a water damage claim: the cause of the damage may not be covered, even when the resulting damage is.
- Example — a dishwasher leak: The dishwasher itself typically isn’t covered, and you’re responsible for repairing or replacing it. But if the leak damaged your flooring, that resulting damage may be covered.
- Example — a slab pipe burst: The pipe itself is usually not covered. But the water damage it caused — and often the cost of accessing and repairing the slab to replace the pipe — typically is.
When Insurers Say “It’s Not Covered”
Insurance companies often deny a water damage claim outright, without distinguishing between the uncovered cause and the covered resulting damage. That distinction matters — and it’s exactly where an experienced attorney can make the difference between a denied claim and a paid one.
Frequently Asked Questions
Does homeowners insurance cover water damage, plumbing leaks, or broken pipes?
Often it covers the water damage but not the cause. For example, a leaking dishwasher usually is not covered, but the damage it did to your flooring may be. A burst slab pipe usually is not covered, but the water damage it caused, and often the cost of accessing the pipe, may be. Insurers sometimes deny the whole claim without separating the uncovered cause from the covered result. See our water damage page.
Does homeowners insurance cover mold?
It depends on your policy and the cause of the mold. Many homeowners policies limit or exclude coverage for mold, while some provide limited coverage in certain circumstances.
If you discover water damage, act promptly to protect the property from further damage, document the conditions, and report the loss to your insurer. Delays in addressing water intrusion can allow mold to spread and may complicate your insurance claim.
What should I do immediately after my property is damaged?
First, make sure everyone is safe. Then take reasonable steps, when it is safe to do so, to protect the property from further damage, such as covering a damaged roof or stopping the source of a water leak. Photograph and video the damage before cleaning up or moving damaged property when possible, keep receipts for emergency repairs and related expenses, and report the loss to your insurance company promptly.
Review your policy for its notice, mitigation, and cooperation requirements, and do not sign documents you do not understand.
What can I do if my insurance claim was denied?
A denial does not necessarily mean your claim is over. Insurers deny claims because they believe the damage is excluded, came from wear and tear, happened before the policy period, was reported too late, or was caused by something other than a covered event. An attorney can review the denial letter, your policy, inspection reports, estimates, photographs, and other evidence to decide whether the insurer’s decision can be challenged. Contact us or call 727.896.7777 for a free consultation.
How long do I have to file a property insurance claim in Florida?
Florida law generally requires you to notify your insurance company of a new or reopened property insurance claim within one year after the date of loss. A supplemental claim for additional loss or damage from the same peril generally must be reported within 18 months after the date of loss. See Fla. Stat. § 627.70132.
Special rules may apply in certain situations, including condominium loss-assessment claims and claims involving servicemembers deployed to a combat zone or combat-support posting. For hurricanes and certain other weather events, Florida law also has specific rules for determining the date of loss.
Your insurance policy may impose additional notice requirements, so you should report property damage to your insurer as soon as reasonably possible. Waiting to report a loss can create problems with your claim even if the statutory deadline has not yet expired.
Have a Pending or Denied Water Damage Claim?
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