Water damage guide
Water Damage Insurance Claims in Florida: What Changed and What to Do
How Florida's insurance reforms affect water damage claims in Fort Pierce: the assignment-of-benefits ban, flood vs. homeowners coverage and records.
Short answer
Short answer
Under Florida's December 2022 reform (SB 2-A), policyholders generally cannot assign post-loss property insurance benefits to a contractor on residential or commercial policies issued on or after January 1, 2023: such assignments are void. You remain in control of your claim. Flood damage from rising water is generally covered by a separate flood policy, not standard homeowners insurance.
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- Flood & Storm Cleanup
- Burst Pipes & Plumbing Leaks
- Condo Water Damage
In this guide
- 1The assignment of benefits (AOB) change
- 2Homeowners vs. flood coverage
- 3Deadlines
- 4Documentation checklist
The assignment of benefits (AOB) change
Before 2023, many Florida restoration contracts included an assignment of benefits, which let the contractor deal with, and sometimes sue, the insurer directly. Section 627.7152(13), Florida Statutes, now provides that an assignment of post-loss benefits under a residential or commercial property policy issued on or after January 1, 2023 is invalid and unenforceable. Policies issued earlier remain under prior rules.
Practical result: read any work authorization carefully. It is reasonable for a contractor to ask you to authorize work and direct payment; it should not purport to transfer your policy rights if your policy is covered by the ban.
Homeowners vs. flood coverage
Sudden, accidental water discharge (a burst supply line) is commonly covered by homeowners policies. Rising water from outside, storm surge, overflowing waterways, heavy rain flowing in at ground level, is generally covered only by a flood policy. Wind-driven rain through a storm-damaged roof is usually a homeowners claim subject to a hurricane deductible.
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Deadlines
The 2022 reforms also shortened the time to give notice of a new property claim. Check your policy and current Florida law for the deadline that applies to your loss, and report damage promptly.
Documentation checklist
- Photos and video before cleanup, including the source
- The failed part (hose, fitting, valve) if possible
- Restoration company moisture maps and daily drying logs
- Itemized list of damaged contents with ages and costs
- Receipts for emergency expenses, hotel and meals if displaced
- Electric bills during drying (some insurers reimburse the increase)
Related services
Services that go with this guide
Flood & Storm Water Damage Cleanup
Flood and storm cleanup in Fort Pierce: hurricane and king-tide flooding, Category 3 water, what must be removed, flood insurance and drying..
Burst Pipe & Plumbing Leak Water Damage
Burst supply lines, slab leaks and hidden plumbing leaks in Fort Pierce: what to do first, how cleanup and drying work and what insurance often covers..
Condo Water Damage Restoration
Water from the unit above, a failed AC drain or a common-element leak: how condo water damage is handled in Fort Pierce, who pays and what to document..
Guides
Keep reading
- What to Do in the First 24 Hours After Water DamageA step-by-step checklist for the first 24 hours after a leak or flood in a Fort Pierce home: safety, stopping the water, documentation and drying.
- What Does Water Damage Restoration Cost in Fort Pierce?What affects the cost of water damage restoration in Fort Pierce: water category, square footage, materials, drying days, mold and rebuild.
- Hurricane Season Prep to Limit Water Damage in Fort PiercePrepare a Fort Pierce home for hurricane season to limit water damage: roof, openings, drainage, documentation, flood insurance and what to do after.
- How to Choose a Water Damage Restoration Company in Fort PierceA checklist for hiring a water damage restoration company in Fort Pierce: licenses to verify, certifications, insurance, contracts and red flags.
- What to Do After a House FireWhat to do after a house fire in St. Lucie County: safe reentry, the fire report, insurance, securing the home, discarding food and smoke cleanup.
FAQ
Questions people ask
Still unsure? Describe the problem on the phone and you will be connected with a restoration company serving your area.
Can a restoration company bill my insurer directly?
Many companies work with insurers on billing. But for Florida policies issued on or after January 1, 2023, a contractor generally cannot take an assignment of your post-loss benefits. Ask how billing will work before signing.
Is this legal advice?
No. This is general information. For advice about your claim, speak with your insurer, a licensed public adjuster or a Florida-licensed attorney.
Does homeowners insurance cover water damage in Florida?
Sudden, accidental water damage is commonly covered. Flooding, gradual leaks and wear and tear are often excluded. Your policy decides.
What is the assignment of benefits ban in Florida?
For residential and commercial property policies issued on or after January 1, 2023, assigning post-loss benefits to a contractor is generally void under section 627.7152(13).
How long do I have to file a water damage claim in Florida?
Florida shortened notice deadlines for property claims in recent reforms. Check your policy and report damage promptly.
Is flood damage covered by homeowners insurance in Florida?
Generally no. Flood damage is covered by a separate NFIP or private flood policy.
Can my insurance company deny a water damage claim?
Claims can be denied for exclusions such as gradual leaks or lack of maintenance. Ask for the reason in writing.
What is a public adjuster?
A licensed professional who represents policyholders in claims for a fee. Verify their license with the Florida Department of Financial Services.
Should I let the restoration company talk to my insurer?
You can authorize communication, but you remain the policyholder. Read any authorization before signing.
What does mitigation mean on an insurance claim?
Reasonable steps to prevent further damage, such as extraction and drying.
Do I need receipts for emergency repairs?
Yes. Keep invoices for tarps, extraction, hotels and meals if you are displaced.
Will a water damage claim raise my premium?
It can. Discuss with your agent; small losses near your deductible may not be worth claiming.
What is a hurricane deductible in Florida?
A separate deductible for named-storm damage, often a percentage of dwelling coverage.
Does insurance pay for mold after water damage?
Often with a limited sublimit for mold resulting from a covered loss.
Can I get legal advice here?
No. This is general information. Speak with your insurer, a licensed public adjuster or a Florida attorney.
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