Insurance companies are obligated to provide coverage for water, except where there are specific exclusions to the contrary. While most insurance companies have complicated, vague interpretations about how long the losses are present, they do little to actually determine the precise amount of time that has passed since the damage commenced. For example, most insurance companies have a provision excluding damage if it occurred "14 days or longer," even though there is virtually no way for the carrier to know for certain the amount of time that has passed.
We are in the process of completing representation on behalf of an Estate, where Florida Peninsula Insurance Company denied a water claim. A gentleman who died in 2009, and left the home to his children had owned the home. While the house was on the market, a large water loss occurred. Florida Peninsula denied the claim after its investigation and that of an engineering firm it retained.
You come home from a weekend away to find the house flooded. Now you're confronted with a problem that needs immediate attention. Is the damage covered? More likely than not your insurance company will send out an expert to determine the source of the water, how long the water has been accumulating, and other issues that relate to whether or not your damage will be covered under your homeowner's policy.
A client who was the daughter of a homeowner who had owned a home in Palm Harbor, where the home suffered a large water main burst, hired us. It was so severe Florida Peninsula's own consultants estimated that nearly 100,000 gallons of water were released in or beneath the home. The home was so saturated with water, one expert retained by Florida Peninsula believed the water might have actually caused the home to move from its foundation. The burst of water, according to the Water Department, occurred between the end of March 2010 with the water running for nearly three weeks before it was discovered by the Water Department.