As a Florida Licensed Public Adjuster, one of the things I regularly remind homeowners is that a property insurance claim may involve much more than the damage that can immediately be seen.
This is particularly important with plumbing-related water damage claims in established Florida homes.
Throughout St. Petersburg, Central Pinellas, Tampa, Carrollwood, Temple Terrace, New Port Richey, Port Richey, Holiday, Beacon Square and West Pasco, many homes were constructed during decades when cast iron plumbing systems were commonly installed. In slab-on-grade construction, portions of that plumbing may be located underneath finished flooring, tile, cabinetry and the home's concrete slab.
When a plumbing-related water loss occurs beneath the slab, the question is not always simply:
“Where did the water come from?”
There is another important question:
“What has to be removed, opened or replaced to gain access to the plumbing?”
That distinction can become very important in a Florida homeowners insurance claim.
The pipe and the property around it are not necessarily the same issue
A homeowner may understandably look at an exposed plumbing line and assume the insurance claim is primarily about repairing or replacing that pipe.
Property insurance coverage can be more complicated.
Depending upon the wording of the specific insurance policy, there can be a distinction between the plumbing system itself, the resulting water damage to covered property, and the cost of accessing the plumbing.
That access can sometimes involve finished flooring, tile, concrete, cabinets, walls, baseboards and other parts of the home.
This is commonly referred to in property insurance claims as tear-out coverage, tear-out costs, or access costs.
For homeowners dealing with a slab leak claim, plumbing leak insurance claim, water damage insurance claim or cast iron plumbing claim, understanding that distinction can be critical to understanding the full documented scope of the loss.
Why “tear-out” can matter in a Florida water damage claim
Imagine that plumbing is located several inches below a finished tile floor and concrete slab.
Simply identifying the location of the plumbing does not provide physical access to it.
Someone may need to remove tile. The underlying flooring materials may need to be opened. Concrete may need to be removed. Cabinets or other finishes may potentially be involved depending upon the location of the plumbing.
Afterward, those areas may need to be restored.
Those costs can be substantial.
This is exactly why I believe homeowners should avoid looking only at the most obvious portion of a plumbing water damage claim.
As a public adjuster representing Florida property owners, my responsibility is to evaluate and document the property loss from the insured's perspective and compare that documented loss with the applicable policy language.
What the Florida Vazquez case said about tear-out costs
A Florida appellate decision provides an important example of why the exact wording of an insurance policy matters.
Security First Insurance Company v. Vazquez
Homeowners had a claim involving a plumbing system underneath their concrete slab. Their insurance policy contained a Limited Water Damage Endorsement, commonly referred to as an LWD endorsement, with a $10,000 limitation.
The disagreement involved whether that $10,000 limitation also applied to the cost of tearing out and replacing part of the concrete slab necessary to gain access to the plumbing.
The Fifth District Court of Appeal concluded that, under the specific policy wording involved in that case, the Limited Water Damage Endorsement did not apply the $10,000 limitation to those tear-out costs. The underlying policy separately addressed the cost of tearing out and replacing portions of the building necessary to access the plumbing system.1
That does not mean every Florida plumbing claim receives unlimited tear-out coverage.
It does not mean every cast iron plumbing claim is covered.
And it does not mean the outcome of one court case automatically applies to every homeowner's insurance policy.
It means something far more important:
The actual language of your policy matters.
Different insurance companies use different forms, endorsements, exclusions, limitations and definitions. Even policies issued by the same company can contain different provisions depending upon the policy year, form and endorsements attached.
That is why a Florida property insurance claim review should begin with the actual policy and the actual facts of the loss — not assumptions.
Limited Water Damage Endorsements deserve careful review
A Limited Water Damage Endorsement can significantly affect a Florida plumbing claim.
Homeowners may see a dollar limitation referenced in an insurance estimate, coverage letter or claim payment and understandably assume that the limitation applies to every expense associated with the water loss.
That may or may not be the case.
The Vazquez decision demonstrates why the language defining what is included within a sublimit is important. In that particular policy, the court distinguished between the water-damage limitation and the separate policy provision addressing tear-out and replacement necessary to reach the plumbing.1
For me, the practical takeaway as a Licensed Florida Public Adjuster is simple:
Read the policy. Document the loss. Understand what each provision actually says.
What should be documented after a plumbing-related water loss?
When I review a residential property insurance claim involving plumbing, I am interested in much more than a photograph of the plumbing line.
The complete claim may involve:
- the source and location of the water;
- affected flooring, tile, drywall, baseboards, cabinetry and interior finishes;
- moisture or water migration;
- areas opened to identify or reach the plumbing;
- concrete slab access;
- removal and replacement requirements;
- contractor scopes and estimates;
- photographs and videos;
- prior insurance estimates and payments;
- coverage correspondence; and
- the complete homeowners insurance policy, including endorsements.
The objective is not to create damage that does not exist or to assume coverage that the policy does not provide.
The objective is to accurately document the property loss that actually occurred and then evaluate that documentation against the coverage provided by the policy.
Florida law also prohibits public-adjuster advertising that is false, deceptive or misleading, including inviting a policyholder to file a claim when there is no covered property damage.2
Already filed a plumbing claim? The documentation still matters.
Some homeowners contact me before a property insurance claim is submitted.
Others contact Armada after an insurance company has inspected the property.
And some contact us after receiving a payment, estimate, limitation letter or denial.
If a claim has already been handled, one of the first things I want to understand is what was documented and what was included in the insurer's evaluation.
- Did the inspection address only the visible water?
- Were areas necessary to reach the plumbing identified?
- Was slab access documented?
- Were flooring and interior finishes included?
- What does the policy actually say about water damage and access?
- Was a Limited Water Damage Endorsement applied?
Those are questions that can matter when evaluating a Florida plumbing insurance claim, water damage claim, slab leak insurance claim, or cast iron plumbing property claim.
Why this issue matters so much in Tampa Bay
Our Tampa Bay communities contain a tremendous variety of housing.
From established neighborhoods in St. Petersburg and Central Pinellas County to Carrollwood and Temple Terrace, and throughout New Port Richey, Port Richey, Holiday, Beacon Square and West Pasco, many homes were constructed using slab foundations with plumbing routed beneath the structure.
That makes this issue especially relevant locally.
A homeowner may have a completely renovated kitchen or beautiful new flooring while the plumbing itself remains beneath the concrete foundation.
When a covered plumbing-related water event occurs, accessing the source can potentially affect finishes that extend far beyond a small section of pipe.
That is why the scope of loss matters.
What does a public adjuster do in a water damage claim?
A public adjuster works for the policyholder, not the insurance company.
As a Florida Licensed Public Adjuster, my role can include reviewing the property insurance policy, inspecting and documenting the loss, developing the scope of property damage, reviewing estimates and claim documentation, communicating with the insurance carrier, and representing the insured during the adjustment of a covered property claim.
Florida law specifically defines a public adjuster as someone who, for compensation, acts on behalf of an insured in preparing, filing, negotiating or assisting with the settlement of a covered property insurance claim.2
For homeowners, that distinction matters.
The insurance company's adjuster represents the carrier.
I represent the property owner.
Before you assume a plumbing claim is “just the pipe”
If there is one thing I want Tampa Bay homeowners to take away from this discussion, it is this:
A plumbing-related property loss should be evaluated based on the entire documented event and the actual language of the insurance policy.
The visible source is important.
The resulting water damage is important.
The areas necessary to access the plumbing can also be important.
And the endorsements, exclusions, limitations and other provisions contained in the homeowner's insurance policy can determine how those different components are treated.
Never assume that another homeowner's claim, a neighbor's policy, an online article — or even the outcome of a court case — automatically determines what your insurance policy provides.
Have you experienced a plumbing-related property loss in Tampa Bay?
If you have experienced a plumbing-related water loss, slab-related plumbing claim, cast iron plumbing claim or residential water damage insurance claim, I can review the circumstances and documentation surrounding the property loss.
At Armada Public Adjusting, LLC, our focus is on understanding the loss, documenting the property accurately, reviewing the applicable coverage and representing the interests of the policyholder throughout the claim process.
Coverage depends on your policy. Not every plumbing loss is covered. This article is general information about Florida property insurance claims, not legal advice.
Sources
- Security First Insurance Co. v. Vazquez, 336 So. 3d 350 (Fla. 5th DCA 2022), as discussed in “Limited Water Damage Endorsement Will Not Limit the Liability for the ‘Tear Out’ Costs,” Property Insurance Coverage Law Blog (Merlin Law Group). ↩
- Fla. Stat. § 626.854, “‘Public adjuster’ defined; prohibitions,” Online Sunshine, The Florida Legislature. ↩