Water Damage Claim Attorney Near You
Callender Bowlin is a Houston water damage lawyer. We represent homeowners and commercial property owners in insurance claims. If your property has sustained water damage, contact us.
Lawyer for Houston Water Damage Insurance Claims
As Houston water damage insurance claim lawyers, here are some of the ways we assist our clients:
- Legal advice. If you have sustained water damage, we can guide your next steps.
- Coverage review. We can review your policy for what’s included.
- Case building. We can help to document losses and the cause of damage.
- Negotiation. Our lawyers handle payment negotiations with the insurance company.
- Contract enforcement. If necessary, we can take legal action to enforce your policy.
- Bad faith. Our lawyers can represent you in a claim for bad faith and other statutory relief.
Callender Bowlin is a team of experienced trial lawyers for water damage insurance claims and bad faith insurance actions. With a track record of success, we capably assist clients in Harris County and surrounding areas. We represent homeowners, businesses, and other property owners.
Why Choose Callender Bowlin
Choosing the right law firm to assist you with your hurricane insurance claim is crucial, and there is no better choice than Callender Bowlin. For years, our law firm has provided its many clients with transparent and dedicated professionals to help them better understand their rights and fight for fair compensation.
Texas Homeowners Policies Cover Sudden Water Damage
Most Texas homeowner policies cover sudden and accidental water damage. Common examples are burst pipes and appliance leaks.
Here are some common causes of home water damage:
- Plumbing. Burst pipes, frozen pipes, damaged supply lines.
- Appliances. Appliance leaks, malfunctions, failing appliance hoses.
- Wind. Wind causing roof or window damage, followed by water entering.
- Debris. Flying debris or falling trees damaging the structure, followed by water entering.
- Heating and cooling. HVAC systems that clog or overflow, resulting in excess moisture or dripping.
- Sewage. Blockages, heavy rain, buildup, damaged pipes and system failures that cause leaks.
- Caulk. When degraded caulk or weatherproofing allows water to leak.
- Firefighting. Firefighting efforts that cause water damage to a structure.
Generally, Texas homeowner insurance policies cover sudden water damage. But gradual water damage is usually not covered. Property owners often fight allegations that losses resulted from neglecting routine maintenance. Documenting your case may be especially important. Contact our Houston property damage attorneys near you.
Flood damage vs. water damage
When it comes to insurance, there’s a difference between water insurance and flood insurance. Water damage is sudden, interior water damage. It’s a burst pipe or failed appliance. It can also occur when a storm damages the structure, which allows water to enter. That falls under the water damage policy.
Flood damage is water that rises from the ground up, like storm surge, a river or surface water. Flood damage doesn’t fall under homeowner insurance. You may have a National Flood Insurance Program (NFIP) policy or private flood insurance that covers it.
Water damage that is not flood damage is generally covered by homeowners or commercial property insurance.
Case Study
State Farm Lloyds v. Marchetti covers a sewage backup the insurer called flood
What happens when the insurer labels a plumbing backup as excluded “flood” damage? In State Farm Lloyds v. Marchetti, a Houston court rejected that label. Water and raw sewage backed up through a drain in the homeowners’ utility room, the homeowners made a claim, and State Farm denied it as flood or surface water.
The key fact was that heavy rain had overwhelmed the city sewer, pushing water back through the underground lines into the home. State Farm argued that flood water was therefore the cause, triggering the policy’s flood exclusion. The court disagreed. Drawing on earlier Texas cases defining “flood water” and “surface water,” it held that once the water entered the underground sewage lines, it lost its status as surface water — and the loss was an accidental discharge from within the plumbing system, which the policy covered.
The court’s rule: when non-flood water invades a home through the plumbing, the flood exclusion does not apply even if flood or surface water started the chain of events. For a policyholder facing a “that was flood, it’s excluded” denial, that distinction can be the difference between a covered claim and no recovery.
State Farm Lloyds v. Marchetti, No. 01-96-00486-CV (Tex. App.—Houston [1st Dist.] Oct. 2, 1997).
Insurers Deny Water Claims by Alleging Wear and Tear
Even though property insurance generally covers water damage, it’s not always easy to get what you deserve from an insurance claim. The insurance company may say that the property owner neglected preventative maintenance, which led to the water damage. It’s an easy way for the insurance company to avoid paying on a claim.
If you see a claim of wear and tear in your denial letter, know that you can fight back.
It may take knowledgeable professionals to inspect the property, documentation and skilled negotiation. But it may be possible to get the funds you deserve. A Houston water damage lawyer can assist you.
Case Study
Page v. State Farm Lloyds covers mold that a plumbing leak caused
Does a policy’s mold exclusion defeat a claim when the mold grew out of a plumbing leak? In Page v. State Farm Lloyds, a Texas appeals court said no. Leaks in the sanitary sewer lines caused mold and water damage in the home; State Farm paid part of the claim but refused to fund full remediation, and the homeowner sued for breach of contract, bad faith, and DTPA and Insurance Code violations.
State Farm argued the policy’s mold exclusion barred coverage and pointed to the Texas Supreme Court’s Fiess decision, where a mold exclusion was enforced. The court distinguished it. Following Balandran, it held that the policy’s “exclusion repeal” language for plumbing-leak losses is ambiguous — and an ambiguous provision must be read in the insured’s favor. So the HO-B policy does cover mold damage to the home and its contents when a plumbing leak is the cause.
The court reversed the summary judgment and sent the case back for trial, holding only that Page had raised fact issues on coverage and underpayment — not that she had won. Two lessons follow: ambiguous policy language is construed against the insurer, but under Texas’s concurrent-cause rule the policyholder still bears the burden of separating damage caused by the covered leak from damage caused by excluded causes. That segregation is where these cases are won or lost, and it’s why documentation and counsel matter.
Page v. State Farm Lloyds & Strachman, No. 10-07-00228-CV (Tex. App.—Waco June 11, 2008).
Chapter 542 Sets Deadlines for Water-Claim Payment
The insurance industry is regulated by Texas law.
Insurance Code Chapter 542 prohibits the insurance company from engaging in deceptive trade practices. That means the insurance company must:
- Acknowledge. Acknowledge a claim within 15 days.
- Process. Process a complete claim within 15 business days.
- Pay. When liability is clear, pay the claim in five days.
If the insurance company delays payment for more than 60 days, they owe damages. Damages are 18% interest per year on the amount of the claim, plus attorney fees.
In addition to pursuing penalties under Chapter 542, there are other statutes and legal paths that may help the insured with a water damage claim. You may pursue breach of contract, Chapter 541 violations, common law bad faith or violations of the Texas Deceptive Trade Practices Act (DTPA). These statutes have different requirements and remedies.
Our experienced water damage insurance lawyers can determine the best course of action for your case.
Denied Water Damage Claim? Building Your Case
When you have a water damage claim, the insurance company will scrutinize the source of the water. They’ll look for signs of maintenance failures like corrosion and rot. They’ll look for signs that water exposure was gradual.
In Houston water damage insurance claims, documenting the damage and its causes may be especially important. Photographs, video, maintenance logs, inspections and broken parts can all be important. You may need to refute the grounds for denial offered by the insurance company.
Our lawyers handle complex claims including burst pipe claims, sewage failures and more. We invite you to contact us for a consultation.
What’s covered in a water damage insurance claim?
When a water damage claim is approved, property damage is usually covered. For example, if you need to tear out and replace damaged flooring, it’s probably covered. Personal property damage is probably covered, too. The item that failed and caused the damage is usually not covered.
Your insurance policy will have limits, or maximum amounts payable. In addition, you’ll have a deductible. Depending on the cause of damage, the deductible may be a flat amount or percentage of home’s insured value.
Callender Bowlin Sues Carriers That Underpay Water Claims
Has your water claim been:
- Denied
- Delayed
- Underpaid
There may be things that you can do. You can pursue your claim and have legal help. You may file a legal action. There are important steps to take. There are time limits, so don’t wait.
Callender Bowlin is a law firm handling first-party Houston water damage claims. We’re taking new cases. Call or message us now.
Talk to a Houston Water Damage Insurance Claim Lawyer Near You
Callender Bowlin is a litigation and first-party insurance claim firm, serving Harris County and the surrounding areas. With headquarters at 4299 San Felipe St #300, Houston, TX 77027, our accomplished team is well-versed in insurance laws and litigation procedures. With decades of experience and an impressive track record of results, we capably assist clients in water damage claims.
For a consultation and for immediate legal help with your Texas water damage claim, call or message us now.
Callender Bowlin LLP
4299 San Felipe St # 300
Houston, TX 77027
Water Damage Claim FAQ
Does Texas homeowners insurance cover water damage?
Texas homeowners insurance covers water damage in most sudden, accidental scenarios, so the short answer is usually yes. Standard Texas homeowner policies cover sudden water damage from causes like burst pipes, failed appliance hoses, and storm damage that lets water enter the structure. What they typically exclude is gradual damage, the slow leak an insurer will label as a maintenance failure. That distinction between sudden and gradual is where most Houston water damage claims are won or lost, which is why documenting the cause and timeline matters.
What is the difference between water damage and flood damage for insurance?
The difference between water damage and flood damage is the direction the water comes from, and it decides which policy applies. Water damage is sudden, interior damage, a burst pipe, a failed appliance, or storm damage that lets water into the structure, and it falls under your homeowners policy. Flood damage is water that rises from the ground up, like storm surge, an overflowing river, or surface water, and it is excluded from homeowners coverage. Flood requires a separate National Flood Insurance Program (NFIP) or private flood policy, so insurers have a financial incentive to mislabel a covered water loss as an excluded flood.
How long does an insurance company have to pay a water damage claim in Texas?
Texas law sets firm deadlines for how long an insurance company has to pay a water damage claim under Insurance Code Chapter 542. The carrier must acknowledge the claim within 15 days, accept or reject a complete claim within 15 business days, and, once liability is clear, pay within five business days. If the insurer delays payment beyond 60 days, it can owe 18% annual interest on the claim amount plus attorney’s fees. Those penalties give policyholders real leverage when a carrier stalls.
Why did my insurance company deny my water damage claim as “wear and tear”?
Insurers deny water damage claims as “wear and tear” because it’s the cheapest exclusion to invoke, so a denial on those grounds is common but not the end of the claim. The carrier alleges you neglected routine maintenance and that the loss built up gradually rather than occurring suddenly, which shifts an otherwise covered claim into an excluded one. You can contest that finding with photographs, video, maintenance logs, inspection reports, and the failed part itself. Refuting the stated grounds for denial is often what turns a rejected claim into a paid one.
Does insurance cover mold caused by a water leak in Texas?
Whether insurance covers mold caused by a water leak in Texas depends on the policy language and the source of the moisture. Texas courts have held that when a plumbing leak causes the mold, the policy’s mold exclusion can be ambiguous, and ambiguous language is construed in the policyholder’s favor (see Page v. State Farm Lloyds). That said, under Texas’s concurrent-cause rule, you still carry the burden of separating the damage caused by the covered leak from damage caused by any excluded cause. That segregation of damages is technical work, which is why documentation and counsel carry weight in mold claims.
What is bad faith in a Texas water damage insurance claim?
Bad faith in a Texas water damage claim is when an insurer mishandles a valid claim, denying, delaying, or underpaying without a reasonable basis. Beyond the Chapter 542 prompt-payment penalties, Texas gives policyholders several paths: breach of contract, Chapter 541 unfair-settlement claims, common-law bad faith, and the Texas Deceptive Trade Practices Act (DTPA). Each has its own proof requirements and remedies, some allowing additional damages and fees. A first-party insurance attorney evaluates which combination fits the facts of your denial.
Do I need a lawyer for a denied water damage claim in Houston?
Whether you need a lawyer for a denied water damage claim in Houston depends on why it was denied and how much is disputed, but legal help changes the leverage. Once a carrier applies an exclusion like flood, wear and tear, or mold, refuting it takes evidence, an understanding of Texas coverage law, and often an independent inspection. Callender Bowlin handles first-party water claims that have been denied, delayed, or underpaid and offers a free evaluation. Because Texas claims carry deadlines, waiting can cost you remedies.
</section
