My homeowners insurer denied my water damage claim as "wear and tear". Can I fight it?

Start with the line the insurer stands on. TDI says most home and renters policies cover sudden and accidental water damage [1]. It names a burst pipe, a toilet overflow and a broken washer hose [1]. The same page says most home policies do not cover water damage from gradual leaks or seepage [1]. So the two pages turn on whether the water came suddenly or gradually.

Then do the step TDI puts first. If you disagree with the adjuster's final estimate, tell the company why [2]. TDI says the company may have overlooked something and may make changes [2]. It says to send any papers that back you up, such as a contractor's estimate for the repairs [2]. These pages do not say the insurer must hand over its own report or the policy wording it used.

Now the route many people reach for. TDI says your policy may include an appraisal process [2]. Note the word may. If your policy has it, you and the company each hire an appraiser [2]. The two then choose a third as umpire [2]. If the two estimates differ, the umpire makes the final call, and it binds both of you [2]. You pay your own appraiser and half of the umpire [2]. On its auto page TDI states the limit plainly. Appraisal binds the amount of the damage [3]. If there is a dispute about what is covered, you can take up that coverage issue after the appraisal [3]. TDI says to check your policy for any deadlines to demand appraisal [2].

Two other doors stay open. TDI says you can file a complaint if you think a company has treated you unfairly [4]. It also says you have the right to sue the company in a court of law [2]. And it says you can ask for other ways to settle, such as mediation with a neutral third party [2]. These are the Texas pages. Outside Texas, check your own state insurance department.

Open the TDI water and mold page and read the part on gradual leaks [1]. Then open the TDI page on an insurer not paying enough and read the homeowners part, including the words your policy may include an appraisal process [2]. Then read the auto part, where the page says appraisal is binding on the amount of the damage [3]. Then find the appraisal paragraph in your own policy. Whether appraisal can settle your wear and tear denial: "Don't know yet" here.