Flood insurance is usually the most confusing area of Florida property insurance. While mortgage lenders will require it in high-risk areas, for others it’s optional.
Policyholders are often shocked by what is really covered by their flood policy. They’re even more shocked by what their flood insurance does not cover.
In Florida, flood insurance is a separate policy from the homeowner’s policy. Homeowners’ insurance does not cover any damage that is related to flooding.
Where property claims are concerned, water and flood damage are totally different. It is extremely important for policyholders to know the difference.
NO FEES UNLESS WE WIN
We believe that the costs associated with hiring a lawyer shouldn’t prevent anyone in a flood claim dispute from obtaining sound legal counsel. Because of this, our law firm handles all Florida flood claim disputes on a contingency fee basis. This means there are no out of pocket expenses and you only owe attorney’s fees if we settle your claim or win a favorable verdict in court.
Flood Claim Requirements
While there are some commercial carriers that sell flood insurance, the majority of flood policies are purchased from the government, through the National Flood Insurance Program (NFIP). The NFIP is managed by the Federal Emergency Management Agency (FEMA).
In order for flood insurance to be available for a claim, the water event must meet very specific criteria.
The first criteria is that the water must cover a minimum of two acres that are normally dry or affect two or more homes, to be considered a flood.
The second criteria is the source of the water. Per FEMA, flooding is defined as a general and temporary condition of partial or complete inundation of normally dry land areas from:
- The overflow of inland or tidal waters;
- The unusual and rapid accumulation or runoff of surface waters from any source;
- Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
- A flood inundates a floodplain. Most floods fall into three major categories: riverine flooding, coastal flooding, and shallow flooding. Alluvial fan flooding is another type of flooding more common in the mountainous western states.
Flood insurance will not cover damage related to water overflows from sinks, toilets, sewers, septic tanks or other similar sources. Water damage claims, related to these sources, should be covered by and filed under the normal homeowners policy.
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Call us at 877.951.1800 or fill out the form below to schedule a free initial consultation with one of our experienced flood insurance claim lawyers.
Flood Policy Limitations
Another shock to some flood insurance policyholders are the policy limits and what is actually covered. While there are some exceptions, the NFIP normally has the following policy limits:
- $250,000 for your primary dwelling
- $100,000 for the personal contents of the dwelling
There is a misconception that one flood policy covers both the building and the personal property. That is false. The building and personal property policies are separate. Both policies are very specific about what they cover and what they don’t.
What is Covered By the Building Flood Policy?
- The insured building and its foundation.
- The electrical and plumbing systems.
- Central air-conditioning equipment, furnaces, and water heaters.
- Refrigerators, cooking stoves, and built-in appliances such
as dishwashers. - Permanently installed carpeting over an unfinished floor.
- Permanently installed paneling, wallboard, bookcases, and cabinets.
- Window blinds.
- A detached garage (up to 10 percent of Building Property coverage); detached buildings (other than detached garages) require a separate Building Property policy.
What is Covered by the Personal Property Policy?
- Personal belongings such as clothing, furniture, and electronic equipment.
- Curtains.
- Portable and window air conditioners.
- Portable microwave ovens and portable dishwashers.
- Carpets not included in building coverage.
- Clothes washers and dryers.
- Food freezers and the food in them.
- Certain valuable items such as original artwork and furs (up to $2,500).
What is NOT Covered By the Building Flood Policy?
- Damage caused by moisture, mildew, or mold that could have been avoided by the property owner.
- Currency, precious metals, and valuable papers such as stock certificates.
- Property and belongings outside of a building such as trees, plants, wells, septic systems, walks, decks, patios, fences, seawalls, hot tubs, and swimming pools.
- Living expenses such as temporary housing.
- Financial losses caused by business interruption or loss of use of insured property.
- Most self-propelled vehicles such as cars, including their parts (see Section IV.5 in your policy).
For homes with basements, which are rare in Florida, there are specific items that are covered and which are not. For example, the personal property policy will cover washers, dryers and freezers. It will not cover refrigerators.