Travelers has water backup & sump discharge or overflow coverage endorsed on a homeowner policy. During heavy rains, the downspout from one side of the home backed up and overflowed from where the downspout entered the ground into drain pipe, and from that point it seeped along the foundation and entered the lower level of this split entry home thru the block at the footer level causing damage to both the dwelling and personal property. The insurer is denying the claim using the exclusion: water, or water-borne material, below the surface of the ground, including water which: 1. exerts pressure on; or 2. seeps or leaks through; a building, sidewalk, driveway, foundation, swimming pool or other structure; caused by or resulting from human or animal forces or any act of nature. I agree with this except the water overflowed from the downspout and that caused the loss. Travelerssaid once the water comes out of the backed up pipe it becomes surface water and is excluded for coverage. What is your opinion?

Ohio Subscriber

In most policies the downspout isn't considered part of the plumbing, so the water back up and overflow endorsement wouldn't apply. The water that's getting into the lower level isn't water below the surface of the ground in policy terms. The water is not free flowing under the surface like water from substantial rains etc., the water is escaping from a downspout into the lower level. That's not really subsurface water, although it is under the ground.