The insured has a BOP policy and purchased an endorsement that covers back up of sewer and drains. Upon inspection, I found no sewer or drain in the building, but the insured showed me a sewer ten feet outside the back of building and said this sewer backed up into the building. Nowhere in the policy or endorsement does it say that the sewer or drain must be in the building, and since the sewer is located on the property, he insists coverage must be afforded. What do you think?

Ohio Subscriber

We agree that the if the policy does not require the sewer or drain to be in the building—the ISO endorsement does not—and if it can be shown that the backup from the sewer caused the damage, it is our opinion that coverage should be afforded.

 

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