Tampa Water Damage Claim Lawyers

Insurance Coverage For Water Damage

Whether or not your insurance policy will cover the water damage depends on the language. Policies typically will cover a sudden and accidental loss. Policies however typically try to exclude losses that happen over time with the following language:

• Constant or repeated seepage or leakage of water or steam, or the presence or condensation of humidity, moisture or vapor; which occurs over a period of 14 or more days, whether hidden or not.

Your policy may also have the following language:

• Constant or repeated seepage or leakage of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years; unless
  • (a) Such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage is unknown to all insureds, and
  • (b) is hidden within the walls or ceilings or beneath the floors or above the ceilings of a structure

Changes to Assignment of Benefits

It is important to read your policy language because not all policies are the same. Most policies won’t provide coverage in general if the leak has been happening for weeks, months or years. However, if the leak was recently discovered and appears to be recent, you likely have coverage. Also, if the leak is hidden and as soon as you notice it you call in a claim, it will likely be covered.

You have a duty to lessen your damage so be sure to start to dry out the water immediately and call your insurance company. There are companies that will assist you in drying out your home but be careful. Many of these companies want an assignment of benefits also known as “AOB”. A recent Florida Statute changed AOBs significantly. Florida Statute Section 627.7152 changes assignments here in Florida entered into after July 1, 2019, for contractors and emergency service companies. The following are several things consumers should know about assignments under this new statute:

• the assignment must contain a provision that allows the homeowner the right to rescind or take back the assignment without a penalty or fee by submitting a written notice of rescission which is signed within 14 days after execution of the agreement or at least 30 days after the date the work on the property is scheduled to commence or 30 days after the agreement is signed if the agreement has no commencement date and no work has begun
• the agreement must contain a written, itemized, per-unit cost estimate 
• the agreement can only relate to the work to be performed to protect, repair, restore, or replace the damage or to lessen or mitigate against further damage.
• the agreement cannot have a penalty for cancelling or rescinding the agreement
• the agreement cannot have a check or mortgage processing fee or administrative fee
• if the agreement is for urgent services or under emergency circumstances to a residence, the assignment cannot be for more than $3,000.00
• the contractor cannot seek a payment greater than the deductible from the homeowner unless the homeowner agreed to additional work at their own expense.
• the contractor cannot attempt to collect money from the homeowner, file suit, claim a lien or report the insured to a credit agency for payments arising from the assignment.
• you are responsible for payment of the deductible