Water damage can ruin floors, walls, cabinets, and belongings, and lead to mold if it is not dried quickly. When your insurance company delays, underpays, or denies a water damage claim, you need someone who understands both the policy and Florida's claim rules. Miami water damage claim lawyer Tomas Robirosa helps homeowners and condo owners in Miami-Dade, Broward, and Palm Beach counties. Se habla español.
Types of Water Damage Claims We Handle
- Plumbing leaks and burst pipes, including supply lines, water heaters, and failed fittings
- Leaking pipes inside walls and slabsthat cause hidden damage
- Window and door leaksduring heavy rain or storms
- Sewer and drain backups(back-up damage)
- Appliance leaksfrom washing machines, dishwashers, refrigerators, and AC units
- Roof leaksafter storms
- Water from a neighboring unitor common elements in condominiums
What to do right away
- Stop the source of water if you safely can, and shut off the main valve.
- Photograph and video the damage and the source of the leak before cleanup.
- Take reasonable steps to prevent further damage, such as water extraction and drying, and keep every receipt.
- Keep damaged materials or samples when possible, such as a failed supply line.
- Report the claim to your insurer promptly and get a claim number.
- Request a copy of your full policy, including endorsements.
Deadlines under Florida law
Under current Florida law, a new or reopened property insurance claim generally must be reported within one year after the date of loss, and a supplemental claim within 18 months. Insurers generally must acknowledge a claim within 7 days and pay or deny it within 60 days after notice, subject to limited exceptions.
Why Water Damage Claims Are Denied or Underpaid
Water claims are among the most frequently disputed property claims. Insurers often rely on policy language such as:
- Long-term leakage exclusionsMany policies exclude damage from continuous or repeated seepage or leakage over 14 days or more.
- Wear and tear, deterioration, or mold exclusions
- Limited water damage coverageendorsements that cap certain water losses.
- Sewer and drain backup exclusionsunless you bought a backup endorsement.
- Tear-out and accessdisputes over the cost of opening walls or floors to reach the leak.
- Late reportingof the claim.
Types of leaks and water damage claims we handle
- Plumbing leaksand burst or leaking pipes, including supply lines and drain lines.
- Slab leaksunder the foundation.
- AC leaksfrom air handlers, drain pans, and condensate lines.
- Water heater leaksand tank failures.
- Window leaksand door leaks, including leaks after storms.
- Roof leaksand ceiling leaks, including storm-created openings.
- Water backupsfrom sewers and drains.
- Leaks from a condo unit aboveor from common elements.
Each type of loss can be treated differently under your policy. Exclusions for long-term seepage, wear and tear, and mold, and limits for backup coverage, are common reasons insurers deny or underpay these claims. We review the policy language against the facts of your loss.
How we help
We review your policy and the insurer's reasons for denial or underpayment, identify coverage the adjuster may have missed, organize photos, invoices, and expert opinions, and communicate with the insurer for you. When needed, we handle appraisal (if the policy allows it), Florida's required pre-suit notice, and litigation.
Water damage in condominiums
In a Florida condo, the association generally insures the building and common elements, while unit owners typically insure floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, and built-in cabinets and countertops. When water comes from another unit or a common element, responsibility can depend on the cause and the association's declaration. Learn more about condominium disputes.
Related: hurricane damage claims, denied insurance claims, property damage. Request a free claim review.
Florida Law at a Glance- Report the claim promptly: under current Florida law, a new or reopened property insurance claim generally must be reported within one year after the date of loss, and a supplemental claim within 18 months.
- Insurer deadlines: Florida law generally requires the insurer to pay or deny the claim within 60 days after receiving notice, unless factors beyond its control prevent it.
How We Handle Property Damage Claims
- Step 1Free claim reviewWe review your policy, your claim, and every letter from the insurance company, in English or Spanish.
- Step 2Documenting the damageWe gather photos, repair estimates, and independent inspections to show the full cost of the loss.
- Step 3Challenging the decisionWe respond to delays, underpayments, and denials, and send any pre-suit notice Florida law requires.
- Step 4Lawsuit if neededIf the insurer or association will not treat you fairly, we are prepared to take the case to court.
Frequently Asked Questions
Does homeowners insurance cover a burst pipe in Florida?
Many policies cover sudden and accidental water damage from a burst pipe, but coverage depends on your specific policy language, endorsements, and exclusions. Some policies limit water damage coverage or exclude damage from leaks that continued over time.
What is the 14-day water damage exclusion?
Many property policies exclude damage from continuous or repeated seepage or leakage of water that happens over a period of 14 days or more. Insurers sometimes rely on this exclusion to deny slow-leak claims, so the facts of when and how the leak started matter.
Is sewage or drain backup covered?
Damage from water backing up through sewers or drains is often excluded unless you purchased a separate water backup endorsement. Check your declarations page and endorsements.
Who pays for water damage in a condo?
It depends on where the water came from, what was damaged, the association's declaration, and Florida condominium law. Generally, the association insures the building and common elements, while unit owners insure interior finishes, fixtures, and appliances.
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