Water losses we help with
Sudden leaks
Burst pipes, supply line and fitting failures, water heater and appliance leaks.
Slab & drain lines
Under-slab plumbing leaks and cast iron or PVC drain line failures.
Storm water
Rain entering through storm-created openings in the roof or walls.
Mold that follows
Mold growth after a water event, often subject to separate policy limits.
Common water claim disputes
- "Continuous or repeated seepage." Many policies exclude leaks that happened over a period of time. When the leak began and when it was discoverable matter.
- Tear-out and access. Whether the policy pays to remove and replace floors, walls or slab to reach and repair the leak.
- The plumbing itself. Policies often pay for water damage but not for the failed pipe.
- Mold limits. Mold coverage is often limited or excluded by endorsement.
- Flood vs. water damage. Rising surface water is usually excluded from homeowner policies and covered, if at all, by separate flood insurance.
- Drying and mitigation. Disputes over the extent and cost of drying and remediation.
How we approach a water claim
We review the policy's water, seepage, tear-out and mold provisions, the plumber's and mitigation reports, moisture readings and photos, and the insurer's explanation. Our construction and claims background helps us read the scope of repairs and see what an estimate leaves out.
Not every water claim is weather-related. Chapter 542A's pre-suit notice rules apply to damage caused wholly or partly by forces of nature (Tex. Ins. Code § 542A.001(2)), such as rain entering through storm damage. A plumbing leak generally does not fit that definition, but the Prompt Payment Act and Chapter 541 still apply.
Texas law on claim handling
The Texas Prompt Payment of Claims Act (Tex. Ins. Code ch. 542, subch. B) sets claim-handling deadlines. After the insurer receives notice of a claim, it generally must acknowledge it, start investigating and request what it needs within 15 days (§ 542.055). It must accept or reject the claim in writing within 15 business days after receiving the items it requires (§ 542.056), and pay within 5 business days after notifying you it will pay (§ 542.057). Surplus lines insurers and declared weather catastrophes have different periods (§§ 542.055, 542.057, 542.059). If an insurer that is liable for the claim does not comply, it may owe statutory interest and attorney's fees (§ 542.060).
Chapter 541 prohibits unfair settlement practices, including misrepresenting policy provisions and failing to attempt in good faith a prompt, fair and equitable settlement once liability has become reasonably clear (§ 541.060). See our bad faith page.
Statute references are to the Texas Insurance Code and are summarized for general information. The full text controls. Laws change; check the current version.
