Clogged Drain Causes Water Loss

May 19, 2014

We have a client with a CP 10 30, Causes of Loss—Special Form with a Property Coverage Extension endorsement.

This client has a property with a walk-out basement. A large rain occurred, and the drain on the concrete patio outside the doors got plugged, so water could not go down the drain properly. The water built up on this patio area and then entered the building under the patio doors, causing damage.

The client's carrier is denying this loss, stating that it is related to surface water. They also note that the client did not perform routine maintenance to keep a sewer or drain free from obstructions.

Is your view consistent with the carrier or is there an avenue for possible recovery?

New York Subscriber

We agree with the carrier's assessment that what you describe would be considered surface water, so there would be no coverage for the water damage caused when the water entered the building under the patio door. Even if the endorsement provided coverage for sewer or drain backup, the water would not be considered as backing up from the drain since it did not actually go down the drain. When the rain hit the ground and pooled, it became surface water.

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