DENIED CLAIMS · FLORIDA & NEW JERSEY

Water Claim Denied as a “Long-Term Leak” or “Repeated Seepage”?

By Nelson Avila, Licensed Florida Public Adjuster (License G332385) · Florida Certified Contractor
Homeland Public Adjusters · Last reviewed: October 2026

Wood flooring warped and lifted at the seams along a baseboard after water damage

Cupped and lifted boards can mean days of water or weeks. When the leak started is what the claim turns on.

Short answer: Many Florida policies exclude damage from “constant or repeated seepage or leakage” of water over a period of 14 or more days. A denial on that basis is about timing: the insurer says the water had been leaking for at least two weeks. Your answer is evidence of when the leak actually started, and which damage happened when.

What the wording usually says

The language is not uniform. Many Florida carrier forms exclude seepage or leakage “over a period of 14 or more days.” Other policies use older wording such as “over a period of weeks, months or years.” Some also pair it with exclusions for wear and tear, deterioration, rot and mold. Read the exact wording in your own policy and any water-damage endorsement; Florida also has policies with a $10,000 water damage sublimit.

Split copper water pipe with water spraying from the break — A sudden break and a slow drip lead to very different claim decisions, even in the same room.

What a Florida court held

In Hicks v. American Integrity Insurance Co. of Florida (Fla. 5th DCA 2018), the policy excluded seepage or leakage “over a period of 14 or more days.” The court held that the exclusion does not unambiguously exclude losses caused by leakage over 13 days or less, so damage from the first 13 days of a longer leak was covered. The point for any claim: even when a leak ran longer than 14 days, part of the damage may still be payable.

How to show when a leak started

A plumber’s or leak-detection report on the source, the type of failure and how it failed
Moisture mapping that shows how far the water spread, room by room
Dated photos, water bills showing a sudden jump, and when you first saw stains or smelled water
The failed part itself: keep the pipe, fitting, supply line or valve

The standard ISO homeowners form (HO 00 03 05 11) also covers “ensuing loss” after certain exclusions: even when the cause is excluded, resulting damage not excluded elsewhere may be covered. See ensuing loss and appliance leak claims.

Frequently asked questions

Is a slow leak covered by homeowners insurance?

It depends on the wording. Many Florida policies exclude constant or repeated leakage over 14 or more days, but cover sudden and accidental discharge. Leaks that ran less than the stated period may be covered.

What did Hicks v. American Integrity decide?

The Fifth District held that a 14-day seepage exclusion did not unambiguously exclude the damage from the first 13 days of a leak, so that portion was covered.

How can I prove the leak was recent?

Evidence from the time: a plumber's report on the failure, moisture readings, dated photos, water bills and the failed part itself. The sooner it is documented, the stronger it is.

Is mold from a leak covered?

Often only up to a sublimit, and only in some circumstances. See our article on mold claims capped at $10,000.

Call Homeland first. Before you answer the insurer, sign anything or accept a final number, call us 24/7 at (305) 783-3777 in Florida or (732) 517-3777 in New Jersey. We read the letter against your policy, document the loss and present the claim for you. Hablamos español.

This article is for general information only and is not legal or insurance advice. Statutes, regulations and policy wording change, and how they apply depends on your own policy and the facts of your claim. Homeland Public Adjusters is a public adjusting firm, not a law firm.

More by Nelson Avila

All 95 articles by Nelson Avila →

Other Homeland authors