June 2005 Dec Page

Question of the Month

A standard feature of property insurance forms is the exclusion of various categories of loss associated with water. The water exclusion in the commercial property coverage forms and in the homeowners policy excludes loss caused by flood, surface water, water that backs up from a sewer or drain, and water under the ground surface that seeps or leaks into a building or other structure. Disputes often arise when this water exclusionary language is applied to particular loss situations.

For example, the meaning of flood, surface water, or water that backs up from sewers or drains has not gone unchallenged by insureds, and it has not even met with unanimous agreement among insurers. Another example pertains to the distinction made between damage caused by water occurring in a natural state and that caused by water directed by accidental or artificial means. And still another example is the distinction made by some between damage caused by water as a liquid and water that has been frozen into ice.

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