Insurance and legal: questions and answers
General information for Ontario. Policies differ, and these are not legal, insurance or tax advice. Your broker, insurer or a lawyer can advise on your situation.
Call 24/7: (416) 938-455221 questions people search for, each answered in a few sentences. Where there is more to say, the answer links to the full guide.
Is a burst pipe covered under home insurance?
Water damage from a pipe that bursts suddenly is commonly covered. The pipe repair itself and damage from slow leaks usually are not, and freezing claims have conditions if you were away.
What are the best tips for a burst pipe insurance claim?
Shut off the water, photograph the pipe and the damage, report the claim the same day, start drying at once, keep the failed pipe and all receipts, and get the scope of repairs in writing.
Is a flooded basement covered by home insurance?
It depends on the source. A plumbing failure is commonly covered. Sewer backup and overland water each need their own endorsement, and ground water seepage is often excluded.
What can I do if my basement flooding claim is denied?
Ask for the reason and the policy wording in writing, gather evidence of the cause and timing, use the insurer's complaint process, then the General Insurance OmbudService. Time limits for legal action can be as short as one year.
Is black mold covered by house insurance? What about attic mold?
Mold is generally covered only when it results directly from a sudden insured loss, often with a limit. Attic mold from condensation or poor ventilation is treated as maintenance and is not covered.
Does insurance pay for mold inspection or testing?
Sometimes, as part of a covered water claim where the insurer agrees it is needed. Testing for a long-standing mold problem is normally at your own cost.
Is sewer backup or a main sewer line backup covered?
Damage inside the home is covered only with the sewer backup endorsement. Repair of the pipe is generally not covered, though some insurers offer service line coverage.
Is storm, wind or hail damage to a roof covered?
Wind and hail are standard insured perils, so sudden storm damage and the resulting interior water damage are commonly covered. Wear and age are not, and some policies depreciate older roofs or apply a separate deductible.
What does a storm-damaged roof look like?
Missing, lifted or creased shingles, damaged ridge caps and flashing, dents in vents and eavestroughs after hail, granules at the downspouts, and shingle pieces in the yard. Inside, new ceiling stains or damp attic insulation.
What is a roof report for a storm damage claim?
A roofer's written inspection describing the damage, its likely cause and the repair needed, with photographs. It helps the adjuster separate storm damage from wear.
What is a water damage exclusion, limitation or sublimit?
An exclusion removes a cause of loss from coverage, such as seepage. A limitation or sublimit caps what is paid for a particular kind of loss, such as sewer backup or mold, below the main policy limit.
What is water damage legal liability?
Coverage for your legal responsibility when water from your property damages someone else's, for example a tenant's or unit owner's leak damaging the building or a neighbour. It is part of the liability section of a policy.
What is the difference between fire damage and damage to rented premises?
In commercial liability insurance, damage to rented premises covers your liability for fire and similar damage to space you rent. It is separate from insurance on your own property.
Can I claim for ash or smoke from a fire that did not burn my house?
Smoke and ash from a sudden fire elsewhere, including a neighbour's fire or a wildfire, are generally an insured smoke loss. The cleaning cost may be below your deductible.
How does a commercial fire damage claim work?
It covers the building or tenant improvements, contents, stock and equipment, and, if you have it, business interruption for lost income. Records of sales, costs and damaged stock are essential.
Do I need a lawyer for a fire or water damage insurance claim?
Not for most claims. Consider one where a large claim is denied, the insurer alleges misrepresentation, or you are asked for an examination under oath. Deadlines can be short, so get advice early.
Can I make a claim against the City of Toronto or another municipality?
You can, but a municipality is generally liable only where negligence is shown, and written notice must be given within a short period. Report the incident promptly and speak to your insurer or a lawyer.
Can I sue a restoration company?
Yes, for example over poor work, damage they caused or overbilling. Start with a written complaint to the company and, on an insured loss, your adjuster. Keep the contract, photographs and records, and get legal advice on time limits.
What insurance should a restoration company carry?
Commercial general liability insurance and WSIB coverage as a minimum, and for mold and asbestos work, pollution liability is common. Ask for a certificate of insurance and a WSIB clearance certificate.
Is asbestos or mold covered when it is found during repairs?
Where an insured loss such as a fire or burst pipe damages asbestos-containing material, handling it safely is commonly part of the repair. Pre-existing asbestos or mold found by chance is not covered on its own.
Does a landlord or a tenant claim for water damage?
The landlord's policy covers the building. The tenant's policy covers the tenant's belongings, living expenses and liability. Each claims on their own policy for their own loss.
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