Houston Water-Damage Lawyer

Houston Water-Damage Lawyer

Water damage is among the most disputed insurance claims in Houston. Burst pipes from Winter Storm Uri alone generated tens of thousands of claims across the metropolitan area. A Houston water-damage lawyer can take that fight to the carrier. Brasher Law Firm represents homeowners and business owners across Greater Houston whose water-damage claims have been denied, underpaid or delayed indefinitely.

We bring local, state-specific knowledge to every case we take on. Our attorneys know Texas law and how local courts handle these claims. The initial case review is free.

Common Causes of Water-Damage Claims in Houston

Most standard homeowner’s insurance policies cover water damage that is sudden and accidental, such as a burst pipe or an overflowing appliance. These policies may also provide coverage for certain types of storm-related damage, including wind-driven rain that enters the home after a covered event. However, flooding, such as rising water from a storm surge, heavy rainfall or overflowing waterways, is generally covered only through a separate flood insurance policy, often provided through the National Flood Insurance Program (NFIP) or a private insurer.

The Houston area sees water-damage claims from a wide range of sources. The most common categories are:

• Burst pipes from winter freezes, particularly the February 2021 Uri event
• Plumbing failures inside walls and under slabs
• Roof leaks during heavy rain or after wind damage
• Appliance failures, including water heaters, washing machines, dishwashers and refrigerator lines
• Air conditioning condensation-line failures
• Sudden discharge from sprinkler systems

Each of these falls under a different policy provision. Some are covered in a straightforward manner. Others have specific exclusions or limits. The carrier’s first move is almost always to reach for the exclusion that lets it pay the least.

Sudden and Accidental vs. Long-Term Damage

Texas homeowner’s policies typically cover sudden and accidental water discharge but exclude gradual or long-term leaks. This distinction is the single biggest source of dispute in water-damage claims. A pipe that bursts overnight from a freeze is covered. A pipe that has been slowly leaking inside a wall for months is usually not.

In practice, the line is rarely clean. A pipe that ruptured suddenly may have shown signs of stress for some time before failing. A roof leak after a hailstorm may have been preceded by a minor, unrelated leak. Carriers exploit this gray zone aggressively, often labeling sudden losses “long-term” to deny the claim.

Proving the cause of loss usually requires more than the policyholder’s word. Plumber reports, restoration-company documentation, photographs and, sometimes, engineering testimony move these cases. We know what evidence Texas courts look for in these disputes and how to develop it.

Winter Storm Uri, Hard Freezes and Burst-Pipe Claims

The February 2021 freeze produced the largest single wave of burst-pipe claims in Texas history. Greater Houston was hit hard. Pipes that froze in attics, exterior walls and under slabs failed by the thousands. Carriers were overwhelmed, and their handling of these claims often reflected that.

But hard freezes are not the only cause of burst pipes. Houston homeowners also deal with pipe failures caused by:

• Aging or corroded pipes that fail under normal pressure
• Construction defects in newly built homes
• Water hammers, which are pressure surges caused by sudden changes in water flow
• Tree-root intrusion into supply or drain lines
• Improper installation that leaves pipes vulnerable to shifting or stress

Regardless of the cause, insurance carriers handle these claims the same way they handle everything else: by looking for reasons to pay less.

Common issues we encounter in burst-pipe disputes are:

• Carriers denying the claim by citing a freeze exclusion that applies only when the home was vacant or unheated and then stretching that interpretation to cover an occupied home
• Underestimating the scope of damage by treating saturated drywall and flooring as cosmetic
• Withholding additional living expenses during the period the property was uninhabitable
• Refusing to cover the cost of locating the failure point inside walls or slabs
• Issuing payments based on outdated pricing for labor and materials

If your burst-pipe claim has been denied, delayed or underpaid, Brasher Law Firm can review your policy and your carrier’s handling of the claim at no cost to you.

Sewer Backups and Discharge Endorsements

Sewer and drain backups are normally excluded on most homeowner’s policies. Coverage typically requires a separate endorsement, often with low sublimits. Carriers sometimes deny otherwise covered water damage by recharacterizing the cause as a sewer backup, knowing the endorsement either was not purchased or carries a low sublimit.

If you have water damage from a clean water source, such as a supply line, the carrier should not apply sewer backup limits. Reading the policy carefully is the first step in disputes like these.

Your Rights Under Texas Insurance Law

Texas Insurance Code Chapter 542 requires carriers to acknowledge, investigate and pay claims within statutory deadlines. A violation entitles policyholders to statutory interest under Chapter 542 (or Chapter 542A) on the unpaid amount and to reasonable attorney fees. Chapter 541 separately prohibits unfair claim-settlement practices, including misrepresenting policy provisions and refusing to settle when liability is reasonably clear. The Texas Department of Insurance oversees these requirements, but savvy bad faith lawyers enforce them in court.

Why Houston Homeowners Choose Brasher Law Firm

Local expertise. Our attorneys know Texas law and how local courts handle these cases, and that knowledge is what you get, not a rotating cast of staff.

Free case review. Bring us your policy, your denial or partial-payment letter, and your repair estimates, and we will tell you what we see.

Licensed in Texas, Louisiana, Colorado, Utah, Oklahoma and Nevada. We can stay with our clients across state lines when the case calls for it.

Founder with personal experience. Clint Brasher’s own home was severely damaged by Hurricane Rita, and his carrier fought him through every stage of the claim. He built this firm because of that experience. We’ve been here for 20 years.

Serving Houston and the Surrounding Area

Our Houston office represents clients throughout Harris County and the surrounding region, including Fort Bend County, Montgomery County, Galveston County and Brazoria County. We handle water-damage cases in Sugar Land, The Woodlands, Pasadena, Pearland, Katy, Baytown, Galveston and the rest of Greater Houston.

Most Houston-area water-damage disputes are filed in Harris County District Court, with federal cases heard in the U.S. District Court for the Southern District of Texas. Our attorneys have experience in these courts, and oftentimes know the judges handling the claims, because our Houston-based partner, Nishi Kothari, is born and raised in Houston and familiar with the judges here.

Frequently Asked Questions

My insurance carrier says my water damage was gradual. What can I do?

This is one of the most common disputes in Texas water-damage cases. Proving the loss was sudden often requires evidence beyond the policyholder’s own description: plumber’s reports, photographs, restoration documentation and, sometimes, professional opinion testimony. We help build that evidentiary record. We have a team of experts that we utilize to help develop our claims and get them trial ready.

Does homeowner’s insurance in Texas cover sewer backups?

The base form of most Texas homeowner’s policies excludes sewer and drain backups. Coverage typically requires a separate endorsement with its own sublimit, often well below the dwelling coverage limits. Read your declarations page carefully to see whether or not you carry the endorsement and what its limits are.

Will my insurance carrier pay for additional living expenses during repairs?

If your policy includes loss-of-use coverage and the damage makes your home uninhabitable, the carrier should pay reasonable additional living expenses, including temporary housing, increased food costs and other necessary expenses, up to the policy limits. Carriers sometimes drag their feet on these payments. The amount owed is governed by both the policy and Chapter 542 prompt-pay rules.

Should I accept the first settlement offer from my carrier?

Not without a careful look. First offers are often well below what the policy actually owes. Once you accept and sign a release, recovering additional money becomes much harder. A free consultation with an attorney before signing anything is worth the call.

Contact Our Houston Office

Brasher Law Firm, PLLC, Houston Office

3555 Timmons Lane, Suite 1130

Houston, TX 77027

Phone: (713) 714-5014

Toll-Free: (888) 989-2889

If your Houston home or business has water damage and your insurance carrier is denying, delaying or underpaying the claim, you do not have to handle this alone. Brasher Law Firm offers free consultations. Call us today, or fill out our online contact form to speak with a Houston water-damage lawyer.