
We know you can handle the weather here. We can handle the freeze insurance claim.
As the weather gets colder, frozen pipes and related water damage claims become quite frequent. Given that water expands when it freezes, if the weather drops and heat becomes inadequate, a pipe can freeze and break and the results can be catastrophic.
Not all frozen pipe claims are covered however, and a claim must be approached very carefully. Certain provisions in homeowner insurance policies set forth very specific requirements in order for a frozen pipe claim to be covered. While each policy form may vary, there are certain common themes among frozen pipe insurance coverage clauses. These commonalities include reasonable efforts to maintain heat, turning off the water and draining the pipes and appliances, and certain occupancy/vacancy provisions.
If you have had a frozen pipe claim, it is always advised to seek professional assistance, ideally immediately after the loss and before the claim is submitted. Quite often, homeowners or business owners submit a claim and unwittingly provide incorrect information, if believed to be true by the insurance company, could result in a denial.
Even if there are no issues as to coverage, a claims professional is advised. Statistics have shown that an insured who is represented will recover more than one unrepresented. Get the representation you need and deserve.

Under Illinois insurance law, property policies (homeowners and commercial) commonly exclude coverage for water damage from frozen or burst pipes while a dwelling is vacant, unoccupied, or under construction unless the insured has used reasonable care to maintain heat in the building or has shut off the water supply and drained the system and appliances. The exclusion often applies even if occupied. The phrase “reasonable care to maintain heat” (or equivalents like “do your best to maintain heat”) is not ambiguous. Illinois courts apply an objective standard: what a reasonably prudent person would do under the same or similar circumstances. The inquiry is intensely fact-specific, weighing factors such as vacancy duration, weather forecasts, known heating-system deficiencies, monitoring frequency, and affirmative mitigation steps. The insurer bears the initial burden of proving the exclusion applies, but the insured must then establish that the exception (reasonable care) was satisfied.

Insurance companies in Illinois owe policyholders a duty to handle claims fairly and in good faith. When an insurer unreasonably denies, delays, or undervalues a valid claim, it may constitute bad faith conduct, also referred to as "vexatious and unreasonable" behavior under Illinois law. Policyholders who face such treatment have legal protections and may recover additional remedies beyond the original claim amount.
Unlike some states that recognize a separate common law tort for first-party insurance bad faith, Illinois provides an exclusive statutory remedy through Section 155 of the Illinois Insurance Code (215 ILCS 5/155). This section allows courts to impose penalties on insurers for misconduct in handling claims, including liability disputes, valuation issues, or unreasonable delays in settlement.
If your insurance company has denied or delayed your claim in a way that seems unfair, you may have grounds for a bad faith claim under Illinois law. Our experienced attorneys can review your policy, correspondence, and claim details to determine if Section 155 remedies apply. Contact us today for a free consultation to protect your rights and pursue the full compensation you deserve.
Open today | 09:00 am – 05:00 pm |
We are available after hours for new and urgent matters.
ATTORNEY ADVERTISING. AGULNICK KREMIN P.C. PROVIDES LEGAL ADVICE AND REPRESENTATION FOR INDIVIDUALS AND CORPORATE ENTITIES IN COMMUNITIES THROUGHOUT THE NEW YORK STATE, THE NEW YORK CITY REGION AND LONG ISLAND, INCLUDING MANHATTAN, QUEENS, BRONX, BROOKLYN, RICHMOND, LONG ISLAND CITY, GARDEN CITY, WHITE PLAINS, ROSLYN, PLAINVIEW, MANHASSET, WESTCHESTER, ROCKVILLE CENTER, SEARINGTOWN, THE HAMPTONS, LARCHMONT, DIX HILLS, YONKERS, LITTLE NECK, PORT WASHINGTON, KEW GARDENS, FOREST HILLS, ASTORIA, MINEOLA, GLEN COVE, HEMPSTEAD, LEVITTOWN, FLUSHING, JAMAICA, FLORAL PARK, HEWLETT, JERICHO, BAYSIDE AND ROCKLAND, NEW YORK.
*ILLINOIS LITIGATION IS PERFORMED IN CONJUNCTION WITH THE LAW OFFICE OF JOSHUA KUNICK, licensed counsel.
THE INFORMATION YOU OBTAIN AT THIS SITE IS NOT, NOR IS IT INTENDED TO BE, LEGAL ADVICE. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE REGARDING YOUR INDIVIDUAL SITUATION. WE INVITE YOU TO CONTACT US AND WELCOME YOUR CALLS, LETTERS AND ELECTRONIC MAIL. **CONTACTING US OR SUBMITTING A CLAIM DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE DO NOT SEND ANY CONFIDENTIAL INFORMATION TO US UNTIL SUCH TIME AS AN ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. *Scott E. Agulnick, Superlawyer 2016-2025 **Prior Results are No Guarantee of Future Success
Copyright © AGULNICK KREMIN, P.C.
New York, Illinois, & Connecticut Insurance Claim Lawyers and Property Damage Claim Lawyers. All rights reserved.
Powered by AK Media
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.