As a property damage insurance lawyer, clients come to me asking about flood insurance and what their policy covers in order to protect themselves and their families.  A question that I get asked by policyholders is, Do I have flood insurance?  If I do, what does that cover?

Property insurance policies – for both homes and businesses – expressly exclude floods, such that if you want or need this coverage, you have to look elsewhere for help.  The primary source of flood coverage comes from the National Flood Insurance Program (“NFIP”).  The reason insurers exclude flood coverage from traditional property insurance has to do with the scope of the loss caused by these events.  For example, unlike an individual home claim for a fire, floods cause damage to entire neighborhoods, which makes it more difficult for insurers to spread their risk across several properties at the same time.  Even if a tornado hits your neighborhood, it will most likely impact some, but not all, of the structures.  Floods, on the other hand, take out entire areas at the same time.

The reality is that while flood insurance can help people rebuild and recover financially after a catastrophic deluge, very few people in the U.S. have it, and it is limited in available coverage.  In fact, most people whose homes were damaged or destroyed in Kentucky probably won’t be covered, and even if they were, the amount available is limited versus the value of the real estate. 

Under the NFIP, you may purchase the maximum for the value of your home up to $250,000, for the structure, and $100,000 for the contents.  The average price of a home in Kentucky in 2021 was $197,413, which means many homes will only get to a certain threshold before the owners’ responsibility kicks in.  Also, the values are not adjusted by home value; in Florida, where the average is more around $390,000, the NFIP policy gets to the max coverage pretty fast.  While it’s a little better for business structures, which go to $500,000, it would be expected to leave a lot of business owners on their own.

There is litigation over whether water damage is a flood, or if it is caused by other man-made sources.  A broken pipe, for example, can cause the entire home to be flooded, but is not a flood.  Floods are caused by external water that rises with the nearby water.  Corless Law Group represented a homeowner where a water main broke under the foundation, and over the following three weeks, 95,000 gallons of water seeped into the home.  There is a strict legal definition of what constitutes a “flood” and insurers will always aim to interpret the damage to your home or business narrowly so that they can avoid liability.  This is where we can help.  

Corless Law Group is a Large Loss law firm that aggressively advocates on policyholders’ behalf to ensure our clients get the coverage they deserve.  Consulting with a flood damage lawyer may be your only way to recover damages.  Our attorneys have successfully handled many water and flood damage claims.  Call us 365 days a year at 813-258-4998 to schedule your free, no-obligation consultation.  

Our firm has a successful track record of handling hundreds of flood insurance lawsuits.  If you’re a policyholder and you find yourself in a dispute with your insurance company, contact Corless Law Group today to help with your claim.  We have secured more than $500 million in case results for residential and commercial property owners throughout Florida.  There are virtually no other law firms that have the experience, knowledge, and record-setting results like Corless Law Group.  We are your go-to Florida flood insurance law firm. 

As a law firm that aggressively fights to secure insurance coverage for insureds who experience property damage or property loss, we have witnessed firsthand an uptick in Large Loss insurance claims involving flood, windstorms, fire, hailstorms, sinkholes, and tropical storms/hurricanes due to the climate crisis.  

Claude Tankersley, Public Works Administrator for the City of St. Petersburg, Florida explained:  “The Bay is at least eight inches higher than it was back in the 1940s. And eight inches doesn’t sound like a lot, but in such a flat area as we are, eight inches can mean the difference between a street flooding every now and then, or not.”  And that’s not even the worst of it; climate change threatens Florida’s Atlantic coastline, where Miami, Palm Beach, Daytona, and Jacksonville are located, as these cities are among those that are most likely to be affected by climate change.   

Hurricane wind speeds and rainfall rates are likely to increase as the climate continues to warm, which can make insurance more expensive or difficult to obtain.  Cities, roads, railways, ports, and water supplies in Florida are vulnerable to the impacts of storms.  Coastal homes and poorly constructed infrastructure will flood more often as sea levels rise, because storm surges will become higher as well.  As a result, rising sea level is likely to increase flood insurance premiums.

We’ve seen the cost of insurance creeping up with hurricane season progressively worsening each year due to climate change.  HOA fees will likely significantly increase along with the rising cost of insurance.  In general, the laws help insurance companies but leave homeowners more vulnerable, holding policies that offer less protection or without coverage when disaster strikes.  This is why you need a property damage insurance lawyer on your side to counsel you and represent your interests when there’s a loss.  Get in touch with us by calling 813-258-4998.  

The impacts of climate change can be felt throughout Florida but what’s unique is that the climate crisis disproportionately affects low-income communities and communities of color, which have the fewest resources to recover from property damage.  Communities of color and low-income areas in Florida are disproportionately exposed to extreme climate threats, and they are more often located in or near flood-prone areas or toxic waste sites.  The systemic environmental racism that exists in Florida (and elsewhere) is inextricably linked to issues of economic inequality, environmental racism, and climate change.   Florida must invest in equitable climate infrastructure and Corless Barfield Trial Group is committed to working with these communities to help them assess insurance policy language and address insurance disputes over property damage. 

Long-term goals should include investing in resilient infrastructure, building better and stronger, stop developing in risky areas (as in the tragic case of the Surfside Condo Collapse) and get all residents on board for the changes that have to take place. The larger-scale solution is to slow down the physical effects of climate change by pumping fewer emissions into the atmosphere.  But in the here and now, if you experience any type of property damage or property loss, please call us at 813-258-4998.