Uncontrolled water intrusion, whether from storm damage, burst plumbing or a flood is incredibility destructive to our homes, and a major expense to repair. Houston has experiences destructive weather events on a regular basis. Most homes have homeowners insurance, but do these cover water damage claims? Unfortunately, the answer is maybe. The reality is that many types of water damage are NOT covered by homeowners insurance. Read on to find out what is and what is not covered.
Living in Houston, our homes have particular exposure to water damage, from flooding, or torrential rains from above. If you have a home, you are likely to have homeowners insurance. However, the most devastating water damage, that caused by flooding is NOT covered by your homeowners policy. Virtually all policies exclude coverage of damages due to rising water. In order to get coverage for flooding you must obtain a supplemental federal flood insurance from your insurance agent. Events of the past few years has shown that there is virtually no area in Harris County that is not in danger of being flooded. The only prudent action is that all homeowners need to have flood insurance.
With respect to storm water damage from above, it gets a bit technical. Such damage is covered, but only if the storm created an opening for the rain water to enter. In most situation that requires that there was wind damage, that blew off roof shingles, or broke windows that allowed the rain water to enter. If it can be shown that a window had been broken or that the roof was leaking, prior to the storm, then the water damage may not be covered by the policy. This has proved to be an area of extensive litigation.
Water damage due to burst or defective plumbing will be covered if it is ‘sudden and accidental’. However, if water damage is caused by maintenance failure (a leaky roof that is not repaired, mold buildup in a shower, chronic condensation on plumbing, a leaky faucet), then there may not be coverage.
Mold: Mold damage will be covered, IF it was caused by a covered event, such as burst plumbing or water intrusion due to wind damage. However, mold caused by poor air circulation, or deteriorating sheetrock, will not be covered. However, the homeowner can obtain mold coverage as an addition to the homowners policy at an extra cost.
If you have made a claim for water damage and are unable to obtain a satisfactory settlement from your insurance carrier, contact the Law Office of Elliott Klein for a consultation.