01/02/2023
State Farm denied your claim for water loss stating the leak occurred “over a period of time,” and is not covered. This is their way of trying to get out of paying you when you suffer a loss, in the hopes that you won’t fight back when your claim is denied.
In the past few years, State Farm has changed its policy to state that continuous or repeated leaks which occur “over a period of time” are not covered. They have created their own "ambiguous" time frame and then interpret this language in favor of themselves.
What exactly is that “period of time”? A minute? A Week? A month? At what point is the damage no longer covered under State Farm’s policy?
The State Farm water damage coverage clause provides no explanation as to how long water seepage can occur before they are no longer obligated to provide coverage for damages.
Here is an example:
Imagine you have a leaky pipe behind the sink. You can’t see it because it is hidden behind the wall. Finally, after a week or so, the leak shows in the form of water stains appearing on your floors, walls, or ceiling. You contact State Farm to submit a claim in the hopes that it will be approved and you can begin making repairs before the leak gets worse.
State Farm denies your claim, stating that the damage was caused by a “continuous leak” which has occurred over “a period of time”, and therefore not covered under your policy.
State Farm has tried to do this in all kinds of scenarios.
The law is very clear that, when a policy is ambiguous, it must be interpreted in the way most favorable to the insured (you). Period.
By denying your claim under this exclusion, State Farm is knowingly acting in bad faith. This means that, in addition to receiving reimbursement for damages caused by water leaks, you could be entitled to an additional financial award from State Farm if you take legal action.
By denying your claim under this exclusion, State Farm is knowingly acting in bad faith by violating the laws put in place to protect you. If you have been denied a claim under this exclusion, you should contact me to discuss it.
Credit: Joseph S. Panzarella, Public Adjuster, Anthony J. DiUlio, Atty at Law