Do not confuse flood damage for other water intrusion.
Hurricane Ian Claim? Call us today – 407-500-2524
After a hurricane or any storm for that matter, flood and water damage claims are extremely common. These two kinds of damage, however, should not be confused for one another and doing so could be costly.
A typical flood insurance policy is limited to coverage for physical damage directly caused by a flood. Homeowner’s policies, typically do not cover water damage from flooding but may cover damage from other perils, such as wind-driven rain.
If rain accumulates on the ground so much so that it enters your home, this is considered flood damage and one would look for recovery from a flood insurance policy. However, if rain is introduced into a covered dwelling or structure by the force of wind, that is considered wind-driven rain and is not covered under your flood insurance policy. The wind driven rain may be covered by your Homeowner’s policy. The same is true if your roof is damaged and water enters through the ceiling. That is water damage as a result of wind damage and is not covered under your flood insurance policy but may be covered by your homeowner’s insurance policy.
A problem may arise, and we have seen this happen, when an unscrupulous actor for an insurance carrier goads a homeowner to incorrectly identify otherwise covered wind driven rain or water damage resulting from wind damage as flood damage not covered by the homeowner’s insurance policy. Doing so could cost a homeowner his entire claim or substantially delay recovery altogether due to what can only be characterized as a simple misnomer. This should not be the case but we have seen it happen.
It routinely happens in a recorded statement or an examination under oath where a homeowner is previously unrepresented and merely trying to clarify the substance of their claim the insurer’s agent. Without proper representation, a homeowner could and routinely does incorrectly identify the pooled water on the floor as “flooding.” Sometimes, it is answered in response to a leading question, such as: “[w]hen did you notice the flooding to the living room?; [w]as the damage caused to the living room caused by flood water?” In such instances, a homeowner, believing they are helping the insurer understand the damages to their home, actually fall right into a trap designed to wrongfully delay or deny a claim.
Unfortunately, hurricane insurance claims and home insurance claims, in general are complicated. A homeowner should not agree to attend a recorded statement or an examination under oath without representation of an attorney specializing in precisely this area of the law.
The insurance claim lawyers at the Law Offices of David Gongora specialize exclusively in property and hurricane damage claims. Our hurricane lawyers in Orlando offer a free policy review and damage inspection. We also double-check your insurer’s findings free of charge. Schedule a call today to speak with one of our specialists absolutely free. NO FEES OR COSTS WITHOUT RECOVERY.
Hurricane Ian Claim? Call us today – 407-500-2524