Does homeowners insurance cover foundation damage in Oklahoma?
In short: Standard homeowner policies usually exclude foundation damage caused by settling or soil movement 2. Earthquake damage needs a separate endorsement or policy 1, and flood policies exclude earth movement even when a flood triggers it 4. Coverage questions turn on the cause of the damage, which is why documentation and engineering reports matter.
What do standard policies usually exclude?
The standard homeowners form's earth movement exclusion applies no matter what caused the movement, and an insurance coverage analysis applied it to a foundation cracked by drought 2. Policies also commonly carry a settling, cracking and bulging exclusion 3. Exact wording varies by insurer, so the policy's own exclusions section controls.
What if a plumbing leak is involved?
Courts are split on whether settlement caused by a plumbing leak falls under the settling exclusion 3:
- Some courts applied the exclusion to leak-caused foundation movement, such as a 1996 federal case in Texas and a 1989 Oregon appeals case.
- Others found the exclusion aimed at gradual, natural settlement and found coverage, such as a 1999 Colorado appeals case and a 1974 Florida appeals case.
No Oklahoma appellate decision on this point was located for this page. In the claim that article described, settlement was concentrated at the footings nearest the leak, with little or none about 5 feet away 3. That kind of pattern evidence is what links damage to a leak. More detail: plumbing leaks and insurance in Oklahoma.
How does earthquake coverage work in Oklahoma?
According to the Oklahoma Insurance Department 1:
- Typical homeowner and renter policies do not cover earthquakes.
- Coverage is sold as an endorsement or a stand-alone policy, though not every insurer offers it.
- Deductibles are usually 5 to 10 percent of the insured value, with separate deductibles for the home, other structures and contents.
- Most companies will not sell new earthquake coverage for 30 to 60 days after a quake.
- Coverage may include costs to stabilize land under structures, but damage to the lot itself, such as sinkholes, is typically excluded, and some insurers exclude brick or stone veneer.
In 2015 the department warned insurers not to deny earthquake claims based on an unsupported assumption that a quake was man-made, and said insurers denying claims for pre-existing damage should have inspected the property before coverage began 5. After the 2016 Pawnee earthquake, 4 of 274 claims reported to the department had been paid by late October 2016; the commissioner said earthquake policies "are meant to only cover damage from catastrophic loss" 6. See seismic damage vs soil movement.
Does flood insurance cover foundation damage?
The National Flood Insurance Program pays for direct physical loss by or from flood, but not for loss caused by earth movement, even when a flood causes that movement 4. In one appeal, an engineer tied exterior foundation cracks to long-term drying shrinkage and differential soil movement, and FEMA upheld the insurer's denial of coverage for the front porch 4.
What documentation helps show the cause?
- An elevation survey showing the pattern of movement
- Dated photos and a crack log
- Plumbing test results when a leak is suspected
- A licensed engineer's report when cause is disputed. See working with engineers.
What if a claim is disputed?
The Oklahoma Insurance Department's complaint process asks consumers to contact the insurer first, then file a signed Request for Assistance with copies of the policy and letters; the insurer has 30 days to respond to the department 7. The department's EAGLE program offers free, voluntary mediation by a court-approved mediator when both sides agree 8.
Related
- Plumbing leaks and insurance in Oklahoma
- Severe weather effects
- Induced seismicity in Oklahoma
- Earthquakes, claims and law data
- Seismic damage vs soil movement
- What affects the cost of foundation repair in Oklahoma?
Common questions
Does homeowners insurance cover foundation cracks from soil movement?
Usually not. The standard homeowners form excludes earth movement, including soil expansion and contraction, regardless of cause, and policies commonly exclude settling and cracking of foundations.
Is earthquake damage covered in Oklahoma?
Not under a typical homeowners policy. Earthquake coverage is sold as an endorsement or a separate policy, usually with a deductible of 5 to 10 percent of the insured value.
Does flood insurance pay for foundation settlement after a flood?
The National Flood Insurance Program excludes loss caused by earth movement even when a flood triggers it, and FEMA has upheld a denial where an engineer tied foundation cracks to long-term soil movement.
What can I do if my foundation claim is denied?
You can ask the insurer to explain the decision, file a complaint with the Oklahoma Insurance Department, and in some cases use the department's free EAGLE mediation program if both sides agree.
Sources
- Fast Facts on Earthquake Insurance Oklahoma Insurance Department
- Drought and Cracked Foundation PropertyCasualty360 (FC&S)
- Settling Due to Leaking vs. Natural Causes PropertyCasualty360 (FC&S)
- Earth Movement Decision Upheld FEMA National Flood Insurance Program
- Bulletin PC 2015-02: Earthquake Insurance, Excluded Loss, Inspection of Insured Property and Adjuster Training Oklahoma Insurance Department
- Much Of Labor Day Weekend 5.8-Magnitude Earthquake Damage Not Covered By Insurance KGOU
- Filing an Insurance Complaint with the Oklahoma Insurance Department Oklahoma Insurance Department
- EAGLE Mediation Program Oklahoma Insurance Department
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