Water Damage Claim Lawyers

Water damage can result in substantial financial loss and emotional stress for homeowners and business owners. The risk is particularly high in New York, where aging infrastructure, severe weather events, and burst pipes are common causes of water intrusion.

Your Insurance Company Has a Team. So Should You.

When water damage strikes your New York home or business, the claims process can feel like an uphill battle. Insurance companies often try to delay, underpay, or deny valid claims, leaving you stuck with out-of-pocket costs and mounting stress. That’s where we come in. Vargas Gonzalez Delombard’s experienced water damage attorneys know how to hold insurers accountable under New York law. We take over the entire claims process—handling negotiations, pushing back against bad faith tactics, and, when necessary, taking your case to court. We’re here to fight for the full compensation you deserve. Contact us today to book your consultation.

Common Causes of Water Damage Claims in New York

Burst or Frozen Pipes: New York's harsh winters can cause pipes to freeze and burst, leading to significant water damage. Standard homeowners' insurance policies typically cover these incidents.
Heavy Rain and Flash Flooding: Urban flooding risks are increasing due to climate change and aging infrastructure.
Sewer and Drain Backups: Sewer backups are a concern in older neighborhoods. Standard policies often exclude these events, but endorsements can add coverage (Homeowner and Tenant's Insurance).
Roof Leaks from Storm Damage: Severe storms can damage roofs, leading to leaks. Damage from covered perils like wind is typically insurable (Severe Weather | Ready.gov).
Plumbing Failures and Appliance Malfunctions: Malfunctioning appliances can cause internal flooding. Standard policies cover accidental mechanical failures but may exclude wear and tear.

Why Water Damage Claims Might Be Denied

Even when you’ve suffered apparent and costly water damage, your insurance company may still deny your claim. Understanding the most common reasons for denials can help you better prepare your claim and know when it’s time to push back with legal support.

Excluded Causes of Loss

Many standard homeowners' insurance policies in New York exclude certain types of water damage. For example, flooding caused by external water sources, like storm surge or groundwater, typically isn’t covered unless you carry separate flood insurance through FEMA’s National Flood Insurance Program (FEMA Flood Insurance Overview).

Gradual or Long-Term Leaks

Insurers often reject claims for damage, which they categorize as gradual or due to poor maintenance, such as a slow plumbing leak that went undetected. Coverage usually applies only to sudden and accidental water damage, not deterioration over time (Insurance Information Institute).

Failure to Mitigate Further Damage

After a water incident, policyholders are typically required to take reasonable steps to prevent further damage, such as shutting off water sources or initiating emergency repairs. Failing to act promptly can give insurers grounds to deny or reduce payment.

Late or Incomplete Filing

Insurance policies generally include deadlines for notifying your insurer of a loss. Delays in reporting or incomplete documentation may lead to claim denials based on noncompliance with the policy’s terms (Homeowner and Tenant's Insurance).

Bad Faith Practices

In some cases, insurers may engage in unfair or deceptive settlement practices, such as misrepresenting policy language or denying valid claims without adequate investigation. This violates New York Insurance Law § 260 (NY Ins. Law § 2601).

Can I Appeal a Denied Claim?

If your insurer has rejected your water damage claim, that doesn’t mean the decision is final. You have the right to challenge the denial, especially if you believe it was issued in error, lacks justification, or violates the terms of your policy.

Most insurance companies offer an internal appeal or reconsideration process. This involves submitting a written request for review and any additional documentation that supports your position.

You can pursue legal remedies if the internal appeal is denied or delayed. You’ll need to file formal complaints with the New York Department of Financial Services (DFS Consumer Complaint Form), and when appropriate, we will initiate litigation to challenge wrongful denials.

New York courts recognize your right to sue for breach of contract and sometimes seek consequential damages when the insurer’s actions cause further financial harm.

How We Litigate Denied Water Damage Claims

When insurance companies wrongfully deny valid water damage claims, Vargas Gonzalez Delombard (VGD) takes decisive legal action. Our litigation strategy is built on holding insurers accountable under New York law and ensuring our clients recover the full compensation they’re owed.

Here’s what that looks like:

We begin by meticulously reviewing your insurance policy, claim history, and all communications with the insurer. We analyze whether the denial violates the terms of your policy or New York’s Unfair Claims Settlement Practices Act.
We partner with independent contractors, engineers, and water damage specialists to document the damage's origin, extent, and impact. Their expert reports strengthen your case and counter the insurer’s narrative.
Before filing a lawsuit, we issue a formal demand outlining the claim’s validity, supported by evidence. We prepare to escalate if the insurer fails to respond fairly or promptly.
We initiate legal proceedings under breach of contract, and sometimes pursue consequential damages or bad faith claims when the insurer’s conduct warrants it. New York courts recognize that unfair denial of claims can result in further financial harm to policyholders (Bi-Economy Market, Inc. v. Harleysville Ins. Co. of New York).
Our seasoned litigation team builds a compelling case supported by expert analysis, thorough documentation, and a deep understanding of insurance policy language. We advocate forcefully in court or at the negotiating table, aiming to recover not just repair costs, but the full scope of your losses—including lost use, additional living expenses, and other covered damages resulting from the insurer’s denial.

Vargas Gonzalez Delombard: Your Allies in New York

Water damage can be devastating, but you don’t have to face the insurance battle alone. At Vargas Gonzalez Delombard, our NY-based water damage attorneys bring deep knowledge of state insurance laws and a relentless commitment to protecting policyholders.

We guide you through every step of the claims process, from interpreting complex policy language to challenging delays, denials, or underpayments. Our firm works on a contingency fee basis, which means you pay nothing unless we recover compensation on your behalf.

VGD doesn’t just handle claims—we fight for the justice and recovery you deserve. Contact us today to book your consultation and learn more about your legal options.