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Water Damage vs. Flood Damage: Does Homeowners Insurance Cover It in Texas?

Water Damage vs. Flood Damage: Does Homeowners Insurance Cover It in Texas?

If your home has been damaged by water, one of your first questions may be: Will my homeowners insurance cover the damage?

The answer often depends on where the water came from, how it entered your home, and what caused the damage.

Many Texas homeowners are surprised to learn that homeowners insurance generally treats water damage, flood damage, and sewer or drain backup differently. A homeowners insurance policy may cover certain sudden and accidental water losses, such as a burst pipe, while excluding damage caused by rising floodwater or a long-term leak.

Understanding the difference can be especially important after a hurricane, severe storm, plumbing failure, roof leak, or other water loss in Texas.

Does Homeowners Insurance Cover Water Damage in Texas?

Most homeowners insurance policies provide coverage for certain sudden and accidental water damage.

Examples may include:

  • a pipe suddenly bursting inside your home;
  • a washing machine or dishwasher hose breaking;
  • a toilet suddenly overflowing; or
  • another sudden and accidental release of water covered by your policy.

Whether a particular loss is covered depends on the specific language, exclusions, endorsements, and circumstances of your homeowners insurance policy.

Insurance disputes can arise when an insurer claims the water damage was caused by a long-term leak, maintenance problem, flood, or another excluded cause rather than a sudden and accidental event.

What Is the Difference Between Water Damage and Flood Damage?

Although both can leave your home filled with water, water damage and flood damage are generally treated differently by insurance companies.

Water Damage

Water damage generally refers to certain sudden and accidental water losses originating from a covered source, such as a burst pipe, broken appliance hose, or overflowing toilet.

Flood Damage

Flood damage generally involves water accumulating on normally dry land, such as rising surface water, overflowing inland or tidal waters, or certain surface water runoff.

Examples can include water entering your home from an overflowing river or certain flooding associated with a severe storm or hurricane.

Most homeowners insurance policies do not cover flood damage. Flood coverage generally requires a separate flood insurance policy, which may be purchased through the National Flood Insurance Program (NFIP) or a private insurance company.

Sewer or Drain Backup

Water or sewage that backs up through sewer lines or drains may be treated differently from either a typical plumbing leak or a flood.

Whether sewer or drain backup is covered depends on the particular homeowners policy and endorsements. Some homeowners may purchase additional coverage specifically for sewer or drain backup.

What Types of Water Damage Does Homeowners Insurance Usually Exclude?

Even when water originates inside your home, that does not necessarily mean the resulting damage is covered by your homeowners insurance.

Depending on the policy, common disputes and exclusions may involve:

Continuous or Repeated Leakage or Seepage

Insurance policies may exclude damage caused by water that leaks or seeps over an extended period of time rather than a sudden and accidental event.

For example, an insurance company may argue that damage from an air-conditioning drain pan, plumbing connection, roof opening, or other source developed gradually rather than suddenly.

This distinction between a sudden water leak and long-term water damage can become a significant issue in a homeowners insurance claim.

Groundwater and Foundation Damage

Homeowners policies may also contain exclusions concerning water below the surface of the ground, including water that places pressure on or causes movement to a home’s foundation, slab, basement, or other structures.

This can become an issue after periods of heavy rainfall or saturated soil.

Maintenance and Neglect

An insurance company may also deny a water damage claim if it determines that the damage resulted from wear and tear, deterioration, lack of maintenance, or neglect rather than a covered event.

For example, an insurer may argue that deteriorated roofing materials, damaged flashing, failed caulking, or another condition allowed water to enter the home over time.

Whether that exclusion actually applies depends on the facts surrounding the loss and the language of the insurance policy.

How Does an Insurance Company Decide Whether Water Damage Is Covered?

When evaluating a Texas homeowners water damage claim, an insurance adjuster may investigate both the source of the water and how long the condition existed.

When an insurer suspects that damage resulted from long-term seepage or leakage, it may look for evidence such as:

  • rot or deterioration in studs, drywall, or other building materials;
  • fungal or mold growth;
  • warped wood;
  • rust or corrosion;
  • mineral deposits around pipes or plumbing fixtures; and
  • other indications that moisture may have been present for an extended period.

Insurance companies may also use moisture meters, plumbers, engineers, contractors, or other experts to investigate the source, cause, and duration of the water damage.

The conclusions reached during that investigation can have a significant impact on whether the insurance company accepts, denies, or underpays your water damage claim.

What if Your Insurance Company Says the Water Damage Was From a Long-Term Leak?

A common reason insurance companies give for denying a water damage claim is that the damage resulted from repeated leakage or seepage over time rather than a sudden and accidental event.

But the insurance company’s determination does not necessarily end the inquiry.

Determining when a leak began, what actually caused the damage, and whether the policy provides coverage may require reviewing photographs, plumbing records, repair records, moisture readings, expert reports, weather information, and the specific language of the insurance policy.

If your insurer denies your claim based on long-term leakage, seepage, maintenance, or another exclusion, you should carefully review the insurer’s explanation and the policy language it relies upon.

Does Homeowners Insurance Cover Flood Damage in Texas?

Most homeowners insurance policies do not cover damage caused by flooding.

Flood insurance generally requires separate coverage through the National Flood Insurance Program or a private flood insurance company.

This distinction can become especially important after a Texas hurricane, tropical storm, or severe rain event where a property may have sustained damage from more than one source.

For example, a home may have both storm-related damage potentially covered under one policy and rising floodwater damage governed by separate flood coverage. Determining the cause of the damage can therefore become particularly important when multiple forces contributed to the loss.

Do You Need Flood Insurance if You Are Not in a High-Risk Flood Zone?

Flooding is not limited to properties located in designated high-risk flood zones.

Texas homeowners learned this lesson during Hurricane Harvey, when more than half of the homes flooded were outside designated flood zones.

Flood insurance may therefore be worth considering even when a lender does not require it. Homeowners should review their particular flood risk and existing insurance coverage rather than assuming that living outside a high-risk flood zone means their property cannot flood.

What Should You Do After Water or Flood Damage to Your Home?

After discovering significant water damage, you should take reasonable steps to prevent additional damage while also documenting the condition of your property.

If it is safe to do so:

  • take photographs and videos of the damage before repairs begin;
  • document where the water appears to have entered the property;
  • keep damaged materials and property until your insurer has an opportunity to inspect them when practical;
  • keep receipts for emergency and temporary repairs;
  • save reports and invoices from plumbers, contractors, remediation companies, and other professionals;
  • notify your insurance company promptly; and
  • keep copies of communications with your insurance adjuster.

You should generally avoid making unnecessary permanent repairs before the insurance company has had an opportunity to inspect the damage, although reasonable emergency measures may be necessary to protect the property from additional loss.

What if Your Insurance Company Denies or Underpays Your Water Damage Claim?

If your homeowners insurance company denied your water damage claim, you do not necessarily have to accept the insurer’s determination that your loss is excluded.

Water damage claims can involve disputes over what caused the damage, when the damage occurred, how long a leak existed, whether multiple causes contributed to the loss, and how the insurance policy applies to those facts.

An insurer may contend that your damage resulted from flooding, long-term leakage, wear and tear, maintenance issues, or another exclusion. An attorney experienced in Texas homeowners insurance claims can review the policy, the insurer’s investigation, expert reports, photographs, estimates, and other evidence to evaluate whether the insurance company properly handled the claim.

Talk to a Texas Homeowners Insurance Attorney About Your Water Damage Claim

If your home suffered water damage, storm damage, or flood-related damage in Houston or anywhere in Texas and your insurance company denied, delayed, or underpaid your claim, Mostyn Law can help you understand your options.

Mostyn Law has extensive experience representing Texas policyholders in disputes with insurance companies. Our Texas homeowners insurance attorneys can review your policy and claim, investigate the cause of the damage, evaluate the insurance company’s coverage determination, and help determine whether you are entitled to additional payment under your policy.

Contact Mostyn Law today to discuss your denied or underpaid Texas homeowners insurance claim.

About The Author
CAROLINE L. MAIDA

Caroline Maida has been employed with Mostyn Law since 2009. She started as a clerk for the firm during law school and continued to clerk for the firm through graduation, before returning as an associate after her admittance to the Texas State Bar in November 2011.
Caroline has extensive experience in First Party Litigation, and she is currently leading the Mass Tort team at Mostyn Law. Prior to her employment at Mostyn Law, she interned for the Honorable Jeff Bohm, United States Bankruptcy Judge for the Southern District of Texas.
Caroline is a Beaumont, Texas native and currently resides in Houston, Texas with her husband and four children.

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