Water Damage

Did your insurance company deny your claim for water damage?

A small leak in a pipe, supply line, or drain line can cause significant damage to property. A toilet overflow, drain backup, or plumbing line break can quickly flood an entire property. Water ruins cabinets, floors, walls, and furniture. If the leak happened upstairs, water can damage everything below it. Homeowners are forced out of their houses because of water. Water damage shuts down businesses.

Fixing the damage can involve mold remediation experts, and accessing hidden sources of water through walls, floors, or even the foundation of the building. It can be impossible to replace damaged fixtures like cabinets with new fixtures that match, causing the cost of restoring a property to its pre-loss condition even more difficult. Even a pinhole leak can result in very expensive and extensive repairs.

Time and again we see claims for water damage denied. Most often we see insurance companies deny these claims based on “seepage” or long-term water leak exclusions. Sometimes these denials are backed up by an engineering report. We’ve seen “Water Damage Exclusions” in some insurance policies, which insurance companies try to use to deny claims. Even when an insurance company pays for water damage, it often will be a payment for as little as possible, based on low adjuster estimates and references to “mold limitations.”

Was your water damage claim wrongfully denied?

Water can cause serious damage to your property. Water destroys flooring, walls, and furniture. Water damage can force people to move out of their homes and can shut down businesses. There are many sources of water: toilets overflow, drains back up, plumbing fixtures break, pipes collapse, and water lines burst.

On top of the damage caused by water, fixing the source of the problem can be expensive and can involve accessing underground pipes beneath your property.

These claims are often denied based on “Water Damage” exclusions in insurance policies. But, just because the exclusion says “Water Damage,” doesn’t mean that all losses caused by water are excluded. In fact, many times the water damage and the cost of accessing broken pipes are covered by your property insurance.

Don’t just accept a denial of your property insurance claim. Call or e-mail us and ask whether your water damage claim was wrongfully denied. If your insurance company wrongfully denied your claim, we can help you recover the insurance benefits you’re entitled to, and there is no cost to you unless we win.

Water damage insurance claims are wrongfully denied every day.

You are not required to simply accept whatever the insurance company tells you about your policy or the value of your claim. And you shouldn’t just accept the insurance company’s decision and move on. Many claims are denied when they should be paid. Many more claims are only partially paid.

We see denial letters that we disagree with on a regular basis. We challenge wrongful denials, and we demand that insurance companies pay what is owed.

The policy language quoted in denial letters are only part of the whole story. Claim denials may ignore other relevant policy language or legal authority that says the claim should be paid. Adjusters leave damage out of estimates and use the lowest possible pricing in calculating what to pay.

If your insurance company wrongfully denied your claim or paid too little, Herman & Wells can help you recover the insurance policy benefits that you are owed. There is no cost to you unless we win. Our phone number is 727-821-3195.

Case Results

See More Case Results

Denied Claim for Septic Tank Backup

Soon after buying their home, our clients had water that backed up from their septic system into their house, damaging their floors and walls.  The insurance company denied the claim and later tried to limit the homeowners’ recovery to just $5,000 because of a sewer backup clause in the insurance policy.  We argued the issue before the court and won.  Shortly before the case was going to be tried, we were able to resolve the claim for $130,000.

Initial Position

Claim Denied


Denied Water Damage Claim

Our client’s business was flooded when a pump failed during a hurricane, shutting down the business’s ability to generate income until repairs were complete.  The insurance company denied the claim based on exclusions in the policy for water damage.  We sued the insurance company and were able to recover $190,000.

Initial Position

Claim Denied


Call us today for a Free Case Evaluation

(727) 821-3195