Water Overflow Coverage in a Tenant's Policy

April 29, 2013

This loss involves a tenant's policy under an HO 4 policy form.

The policyholder resides in an apartment complex and sustained a loss when water and sewage came up through his toilets and sinks damaging some of his personal property.

An engineer determined that the water/sewage resulted from a faulty pipe located within the boundaries of the apartment complex (i.e. the defect was not in the city line or where the apartment complex's lines hook up to the city sewer lines).

The term “insured location” is defined, in part, as:

The part of other premises, other structures or grounds used by you as a residence; and

(1) Which is shown in the Declarations; or

(2) Which is acquired by you during the policy period for your use as a residence.

It would appear that coverage would apply for this loss since the damage resulted from a backup that occurred within the apartment complex boundaries or on “other structures or grounds used by you as a residence” and “which is shown in the Declarations.”

Would coverage apply?

Ohio Subscriber

The insured's toilet and sink overflowed; this is a named peril in the tenant's policy. Where the water originated is not really the issue—the water came through the insured's toilet and sink, therefore it is overflow from a plumbing device. The loss is covered.

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