Texas Water Intrusion & Water Damage Claim Lawyer

Roof leaks, burst pipes and storm-driven water (not flood): we recover denied and underpaid water damage claims.

Storm Insurance Recovery

Water damage claims turn on how the water got in

Water intrusion from storm-damaged roofs, failed plumbing or improperly sealed openings can ruin drywall, flooring, cabinets and framing, and lead to mold. Insurers often deny these claims as long-term leakage, wear and tear, or flood. Hayes Hunter PC helps Texas homeowners and businesses prove the source and scope of non-flood water damage and recover what the policy covers.

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The short answer

Many Texas property policies cover sudden and accidental discharge of water from plumbing or appliances, and rain that enters through an opening created by a covered peril such as wind or hail. They commonly exclude flood and surface water, continuous or repeated seepage over time, wear and tear, and mold except when it results from a covered water loss. Coverage often depends on proving the source, timing and cause of the water intrusion.

Key points

  • Source and timing decide coverage: a sudden pipe burst is treated very differently from a slow leak over months.
  • Flood and surface water are generally excluded from homeowner and commercial property policies and covered only by separate flood insurance.
  • Many policies cover the cost of tearing out and replacing part of the building to reach a leaking system, even if they don’t cover the failed pipe itself.
  • Mold coverage is usually limited, so mitigation and documentation start immediately.

Water damage we help recover

  • Storm-created openings: wind- or hail-damaged roofs, flashing and windows letting in rain;
  • Plumbing and appliance failures: burst supply lines, water heaters, washing machines, freeze-related breaks;
  • HVAC and drain issues: condensate overflows and backups (backup is often a separate endorsement);
  • Resulting damage: drywall, flooring, cabinetry, insulation and framing; and
  • Secondary effects: mold and odor, within policy limits.

Common reasons water claims are denied

Denial reason How it’s challenged
“Continuous or repeated seepage or leakage” Evidence of a sudden event, plumber and leak-detection reports, and moisture mapping.
“Wear and tear / deterioration” Distinguishing the failed component from the resulting damage, which is often covered.
“Flood / surface water” Showing water entered from above or from inside, not rising water.
“No storm-created opening” Roof and envelope inspection tying the leak to wind or hail damage.
“Failure to mitigate” Records of prompt water shut-off, extraction and drying.

Act fast, then document.

Stop the water, call a mitigation company, photograph everything, and keep the failed part. Then talk to us before the insurer’s investigation hardens into a denial.

Evidence that supports a water claim

  • Photos and video of the source and the damage before cleanup;
  • Plumber, roofer or leak-detection reports identifying the cause;
  • Moisture meter readings, infrared imaging and drying logs from the mitigation company;
  • The failed pipe, fitting or appliance part, preserved; and
  • Invoices for mitigation, tear-out and repairs.

How we help

We work with plumbers, building scientists and mitigation experts to establish source and timing, analyze the policy’s water, mold and exclusion language, present a complete claim, and pursue the insurer under the policy and the Texas Insurance Code when it won’t pay. If the water entered through storm damage, see wind or hail claims. For defects in new construction, see construction defects.

Frequently asked questions

Water Intrusion Claims FAQs

Does homeowners insurance cover water damage in Texas?

Often, for sudden and accidental water discharge and for rain entering through storm-created openings, but not for flood, surface water, or long-term leaks. The exact policy language controls, so review it with counsel when a claim is denied.

Is mold covered?

Many Texas policies exclude mold or limit coverage, except for mold resulting from a covered water loss, sometimes subject to a lower sublimit. Prompt mitigation strengthens both coverage and recovery.

What if my claim was denied as a "long-term leak"?

That denial is often contestable. Evidence of when the leak started, such as plumber findings, moisture data and the condition of materials, can show a sudden event. Resulting damage may be covered even if the failed component isn't.

Do I need a lawyer for an insurance claim, or a public adjuster?

A public adjuster can help document and present a claim. An attorney is the right call when the insurer has denied or underpaid, delayed for months, demanded an examination under oath, or when deadlines and the Chapter 542A pre-suit notice are approaching. Only an attorney can file suit and pursue statutory penalties.

This page provides general information about Texas law, not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every situation is different, so talk to an attorney about your facts.