We are engaged in what seems to be a never-ending battle with an insurer over claims for damage done when a sump pump fails. The HO-3 policy in question is an older version that defines water damage as follows: "(1) Flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind; "(2) Water which backs up through sewers or drains; or "(3) Water below the surface of the ground, including water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure."

The definition contains no reference to sump pumps. Recently one of our HO-3 insureds suffered severe damage to his basement when the sump pump overflowed. The adjuster first tried to deny the claim as back-up of a sewer or drain.

When we pointed out to him that a sump pump is not a sewer or drain and that the policy in question does not mention sump pumps, he hemmed and hawed. He is now denying the claim based on number 3, above—water beneath the surface of the ground.