What are the laws regarding rain flooding a house andan insurer’s duty to pay for the damage?

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What are the laws regarding rain flooding a house andan insurer’s duty to pay for the damage?

Asked on September 17, 2010 under Insurance Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, lets start from the beginning.  You own a home and the home is insured.  You are sure that it is insured for flooding, correct?  Do you have your insurance policy handy?  Read it and see what it says. If you do indeed have flood insurance then they are obligated to cover you for your loss.  You have to report the loss timely (and I may do that by formal writing as well as by phone) and they have to send out an adjuster to review the damage and inventory and document everything.  They should take pictures and measurements, etc.  They should issue you a timely report and check and you have a right to contest the amount if the property can not be repaired or replaced for the amount allocated.  If they do not, then seek legal help.  Good luck.


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