When floodwaters damage your home, you expect your insurance company to help you recover. But many homeowners nationwide face denied flood damage claims—leaving them frustrated and uncertain about their next steps. If your claim was denied, you’re not alone. Insurance companies often reject flood claims for reasons ranging from policy exclusions to insufficient documentation. Odom Law Firm helps homeowners understand why their claims were denied and what they can do to fight back. Our team works with you to appeal denials, negotiate fair settlements, and hold insurance companies accountable when they act in bad faith.
Why Insurance Companies Deny Flood Damage Claims
Insurance companies deny flood damage claims for several common reasons. Understanding why your claim was rejected is the first step toward challenging the decision.
- Policy exclusions and anti-concurrent clauses that exclude flood damage
- Insufficient or incomplete documentation of the damage
- Delayed reporting of the claim beyond policy deadlines
- Pre-existing conditions or maintenance issues the insurer claims caused the damage
- Disputes over the extent of damage or repair costs
- Misinterpretation of policy language or coverage limits
Many homeowners don’t realize that standard homeowners’ insurance policies exclude flood damage entirely. This exclusion is one of the most common reasons claims are denied. When an insurer denies your claim, Arkansas Rule and Regulation 43 requires them to provide a prompt, written explanation of the specific policy provision or condition used to deny payment. A vague denial letter is often a violation of this rule. Reviewing this denial letter carefully—along with your policy—helps you identify whether the denial was justified or whether the insurance company made an error. If you believe your insurance dispute was handled unfairly, our team can review your case and determine if you have grounds for a bad faith claim.
Understanding Flood Coverage vs. Water Damage
A critical distinction exists between flood damage and water damage, and this difference often determines whether your claim gets approved or denied. Flood damage is legally defined as an excess of water on normally dry land affecting two or more acres or properties. It typically occurs when water overflows from natural sources or when heavy rainfall accumulates on the ground and enters your home from the bottom up. Water damage, by contrast, includes damage from burst pipes, leaking roofs, or plumbing failures inside your home.
Standard homeowners’ insurance policies cover water damage but exclude flood damage. If you live in a flood-prone area or want protection against flooding, you need separate flood insurance. According to the National Flood Insurance Program (NFIP), homeowners can obtain flood coverage through private flood insurance carriers. If you have an existing NFIP policy, your coverage remains in force until renewal. Understanding which type of damage your home sustained—and which policy covers it—is essential when challenging a denial.
Why Choose Odom Law Firm
Odom Law Firm represents homeowners throughout Fayetteville and Arkansas who face denied flood damage claims. Our attorneys have experience analyzing insurance policies, identifying bad faith practices, and negotiating settlements that reflect the true cost of your damage. We work on a contingency basis, meaning you pay nothing upfront—we only get paid if we recover compensation for you.
When you hire Odom Law Firm, you get a team that handles every aspect of your claim. We review your policy and the insurer’s denial letter to identify errors or unfair practices. We coordinate with damage assessment experts and public adjusters to document the full extent of your losses. We then negotiate directly with the insurance company, and if necessary, we pursue litigation to hold them accountable. Our goal is to help you recover the settlement you deserve without the stress of managing the process alone. Learn more about our case results and how we’ve helped other homeowners recover fair compensation for their losses.
Steps to Challenge a Denied Flood Claim
If your flood damage claim was denied, you have options. Taking the right steps early can strengthen your case and increase your chances of a successful appeal.
- Review your insurance policy and the denial letter word-for-word to understand the stated reason for denial
- Gather additional documentation, including photos, repair estimates, receipts, and expert assessments
- Hire a public adjuster to conduct an independent damage assessment and challenge the insurer’s valuation
- File a formal written appeal with your insurance company, addressing each reason for the original denial
- Consult with an attorney to determine if the denial constitutes bad faith and explore legal options
The appeal process requires attention to detail and persistence. Insurance companies sometimes deny claims, hoping homeowners will give up. By responding with thorough documentation and professional representation, you demonstrate that you’re serious about recovering your settlement. Many denials are overturned during the appeal process when homeowners provide additional evidence or when an attorney identifies policy violations. Our Fayetteville personal injury attorneys understand the tactics insurers use and know how to counter them effectively.
The Role of a Flood Damage Insurance Attorney
An experienced flood damage insurance attorney serves as your advocate throughout the claims process. Your attorney analyzes your policy to identify coverage you may have missed and examines the insurer’s denial letter for errors or misinterpretations of policy language. Attorneys understand both Bad Faith and Statutory Penalties. Under Arkansas Code § 23-79-208, you can recover a 12% penalty and attorney fees if the insurer simply fails to pay a valid claim on time, even without malicious intent. If the insurer does act with dishonesty or malice, we can also pursue a separate Bad Faith tort claim for punitive damages.
Your attorney coordinates with experts who can testify about the extent of your damage and the cost of repairs. These expert witnesses strengthen your negotiating position and provide credible evidence if your case goes to trial. Your attorney also handles all communication with the insurance company, protecting your rights and ensuring deadlines are met. If the insurer refuses to negotiate fairly, your attorney can file a lawsuit to recover damages, including compensation for your losses and, in some cases, punitive damages for bad faith conduct. Our insurance dispute specialists have extensive experience with these complex cases.
Frequently Asked Questions
What is the difference between flood and water damage?
Flood damage results from overflow of natural water sources like rivers, lakes, or heavy rainfall. Water damage comes from internal sources like burst pipes or roof leaks. Standard homeowners insurance covers water damage but excludes flood damage. You need separate flood insurance to protect against flooding. For more information about insurance coverage options, contact our office.
How long do I have to appeal a denied flood claim in Arkansas?
Under Arkansas law, you have three years from the date of the denial to file a bad faith claim against your insurance company. This deadline is established by Arkansas Code § 16-56-105. However, deadlines vary based on your specific policy and circumstances, so contact Odom Law Firm immediately to ensure you don’t miss this critical deadline.
Can I file a bad faith claim against my insurance company?
Yes. If your insurance company acts with affirmative misconduct in denying your claim—such as misrepresenting policy terms or engaging in dishonest conduct—you may have a bad faith claim. Bad faith claims can result in compensation beyond your policy limits, including punitive damages. Our Fayetteville personal injury team can evaluate whether your situation qualifies.
What damages can I recover in a flood claim dispute?
You can recover the cost of repairs or replacement of damaged property, temporary housing expenses, and other losses directly caused by the flood. In bad faith cases, you may also recover attorney fees, court costs, and punitive damages. Review our case results to see examples of settlements we’ve secured.
Do I need a lawyer to appeal my denied flood claim?
You can appeal on your own, but hiring an attorney significantly improves your chances of success. Attorneys understand insurance law, know how to challenge denials effectively, and can identify bad faith practices you might miss. Our insurance dispute attorneys have recovered millions for clients facing claim denials.
Get Help With Your Denied Flood Claim Today
Your flood damage claim should not have been denied. If you’re facing a denial in Fayetteville or anywhere in Arkansas, Odom Law Firm is ready to help. Call 479-442-7575 today for a free consultation. We’ll review your claim, explain your options, and fight to recover the settlement you deserve. There are no upfront costs—we work on contingency, so you only pay if we win your case.