Section 1 – Exclusions

 3. Water This means:

a. Flood, surface water, waves, including tidal wave and tsunami, tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind, including storm surge:

b. Water which:

(1) Backs up through sewers or drains; or

(2) Overflows or is otherwise discharged from a sump, sump pump or related equipment;

Texas Subscriber

 The exception to c(6) is for the overflow or accidental discharge of water from a sewer pipe off the residence premises so you have an issue of fact; did the sewer pipe off premises cause the loss or was the loss caused due to the pipes on the premises? Note that the water exclusions for surface water and water below the surface of the ground do not apply to loss under c(5) or (6). Remember that 5 relates to mold or fungus hidden behind walls, ceilings or floors.

 However, water that backs up through sewers or drains is clearly excluded, as is flooding. The insured would need to have added the Water Back-up and Sump Discharge or Overflow endorsement HO 04 95 in order to have coverage.