Plumbing Leak? Toilet Overflow?

You walk into your home after being away and you see water everywhere.  You run around to find where the water is coming from and you notice water flowing onto your floor.  After stopping the leak and cleaning up the water, you notice damage to the walls and cabinetry.

Is this covered by your insurance company?

Most people may not realize a plumbing leak or overflow is generally covered under your homeowners policy in Florida.  First, the water leak must be sudden and accidental. Second, there must be damages to your home caused by the leak, such as damage to your walls or cabinetry as used in the example above. Third, you must mitigate your damages by performing any reasonable repairs and cleanup to prevent further harm (keep records of all repairs and take pictures every step of the way). Simultaneously with the third step, you must promptly notify your insurance company of the loss and give it access to reasonably investigate the loss. Other obligations are laid out in your policy and you should familiarize yourself with each in order to be in compliance with your policy throughout the process.

If you have a water or plumbing related claim in Florida and you need assistance or you have questions concerning your policy obligations, Middagh Law, P.L.L.C. may be able to help.  Feel free to contact us for a free initial consultation to discuss your matter. We may be able to assist by helping you file your claim or assist you if your claim has already been filed but is delayed, unpaid, underpaid or it has been denied.

What are the most common plumbing related losses?

Plumbing leaks are usually due to a water pipe bursting, a hot water heater or built-in appliance leaking, a drain line being clogged or broken resulting in an overflow, or the negligence of a plumber or other industry professionals or contractors performing repairs or installations in your home.

When a plumbing pipe bursts, water may damage your walls, ceilings, baseboards, flooring, vanities, kitchen cabinets or other property near the water pipe. Also, the necessary repair may cause additional damages to your property. These types of water pipes are commonly found in your walls, vanities, kitchen cabinets and in your flooring. If you notice water on your flooring or water staining on your walls or inside your cabinetry, it may be a water pipe leaking. A plumber would be necessary in determining the source of this water and its repairs. Remember, a pipe burst may be a small hole in the pipe and not a large leak like you would imagine. Some of my clients notice paint on their walls bubbling up from an unknown pipe leak in their walls; others notice water on the flooring where water is not supposed to be; and others have a washing machine’s water line suddenly and accidently burst resulting in damages.

Another common leak is when your hot water heater or a built-in appliance (like a refrigerator, freezer, or dishwasher) suddenly and accidentally leaks. As with most appliances, water can be discharged or leak without warning for many reasons outside of your control. The damages to your property can range from small to extensive, but, either way, expensive to repair. Sometimes clients of mine have had an appliance leak and it damaged the corner of their kitchen cabinet which resulted in the need to replace the entire kitchen cabinetry, countertops and backsplash. Remember, it may look small, but the repairs may be quite expensive, which is why you need to file a claim promptly without delay. Hiring professionals such as Middagh Law, P.L.L.C. may help you in ensuring your policy obligations and rights are met.

Other plumbing leaks are due to collapsed or clogged drain lines, which cause overflows in the toilet, shower, tub, or bathroom/kitchen sinks resulting in damages to the surrounding area. If you have an overflow, the damages and its repairs are usually covered under your policy. If you notice sand, dirt or sewage backing up into your sinks, shower/tub, or toilet, you need to contact a plumber to determine the reason and what the necessary repairs may be—but remember, damages to the surrounding property due to these backups is necessary to trigger your policy coverage. Depending on the age of your home, cast-iron drain piping is one of the most common culprits of a collapsed drain line causing backups and overflows. I have even had a client’s toddler flush a toy down the toilet causing a clog and damages from the resulting overflow. Middagh Law, P.L.L.C. has the experience in handling these matters. We are here to assess each claim and help determine if it is a matter covered under your policy and the value of its damages.

Another way plumbing leaks may be covered under your homeowners policy is when your plumber or other industry professionals or contractors negligently perform repairs on your home. For example, if your plumber or the dishwasher installer makes a faulty connection between your dishwasher and its water line, and that causes water damage to your kitchen cabinets or flooring, you have a covered loss under your policy. Another example is when an industry professional or contractor is performing a repair unrelated to your plumbing, but negligently causes a plumbing leak (such as cutting a water line while performing electrical work). The plumbing company or contractor may offer to fix the plumbing, but be sure to contact your insurance company about the other property damaged due to the leak. Your plumber or contractor’s insurance may also be an avenue to explore if you do not have a policy or a policy that covers plumbing losses.

Additional Considerations

It is important to note though, in Florida, each insurance company and their policies may be different; therefore, you should consult your insurance agent before a leak occurs to ensure you have the proper coverage and amounts necessary to cover a loss and its repairs. Be sure to ask whether a plumbing loss is limited to a specific dollar amount of coverage (e.g., $10,000.00 in coverage), which may not be enough to ensure you have the necessary funds to perform all repairs. Most of the time, you can opt for more coverage or you can find a different insurance company that could provide a better policy and coverage amount for plumbing losses.

Lastly, if you have a water or plumbing related claim in Florida and you need assistance or you have questions concerning your policy obligations, Middagh Law, P.L.L.C. may be able to help.  Feel free to contact me for a free initial consultation to discuss your matter by calling (786) 395-1148 or email me at richard@middaghlaw.com.  We may be able to assist by helping you file your claim or assist you if your claim has already been filed but is delayed, unpaid, underpaid or it has been denied.