STATE YOUR CASE Homeowners policies usually don’t cover flooding damage
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: Is the damage to my home caused by Hurricane Harvey insured under my homeowners policy?
A: Most homeowners insurance policies cover storm damages to a home caused by wind or hail, with some exclusions.
Homeowners policies also typically cover flooding from bad plumbing, heating or air-conditioning systems or from household appliances. But the exclusions section of your homeowners policy usually excludes losses caused by surface water, overflowing streams or bayous, waves and tidal water.
Hopefully, you purchased a separate flood insurance policy. If so, you are covered.
To determine the extent of your coverage, call your insurance agent or look at your insurance policies.
Q: The saturation from Hurricane Harvey caused my neighbor’s very large tree to fall onto the roof of my home. It left a large hole in my roof. Is this my problem, or is my neighbor liable for the damage?
A: If the tree was diseased, decayed, dead or in an otherwise dangerous condition before the hurricane, then your neighbor could be held liable for the damages.
A tree that poses an unreasonable risk of harm to your property should have been removed before the storm. In such a case, your neighbor’s insurance carrier should pay for the damages.
However, if the tree was healthy, and it fell over due to the rain and flooding, then your neighbor is not liable. In that case, your homeowner’s insurance policy will likely cover the damages.
Regardless, call your insurance agent to report the damages.
Q: My will and other estate-planning documents were destroyed by flooding from the hurricane. Are these documents still valid, or do I need to sign new ones?
A: A copy of a will can be probated, if necessary. However, without an original document, probate may be more difficult. For instance, extra witnesses may be needed to testify in court, or a beneficiary who is not happy with the terms of your will may have an easier time contesting it.
Copies of powers of attorney and a living will can probably be used, but it’s always best to have originals.
If the estate planning forms were created recently, you should call your lawyer and ask to sign all of them again. Most lawyers retain forms they have prepared indefinitely on their computers.
Note, though, if it has been several years since you signed the forms, your attorney may insist that the forms be redrafted from scratch. Laws are constantly changing, and thus the wording of the forms has likely changed as well.
In particular, the Texas durable-power-of-attorney form recently underwent a major overhaul. You should not sign an old form, but instead you should sign the new version.
Ronald Lipman, of Houston law firm Lipman & Associates, is board certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@ lipmanpc.com