North Carolina Subscriber

Endorsement CP 73 51 is a proprietary endorsement that includes additional coverage for Discharge From Sewer, Drain Or Sump (Not Flood-Related), up to a $10,000 limit in the endorsement. This response is in regards to the water damage claim submitted for our review. Here are the facts as presented:

 (1) There was a toilet that ran due to a stopper that did not seal properly. The toilet overflowed.

(2) The drain field overflowed due to heavy rains.

(3) The drain field is tied to the septic system serving the insured property.

 Based on these facts, there are two causes of loss, and the extent of damage from each cause of loss cannot be determined by us:

 (1) What caused the toilet stopper to not seal properly – was it wear and tear or faulty workmanship? What interior water damage resulted from the toilet overflow?

(2) What caused the drain field to overflow – despite heavy rains reasonably it should still have absorbed the water so what factors may have contributed to the drain field overflow? Was sludge or other obstruction a contributing factor? What interior water damage resulted from the drain overflow?

 This is not an expert opinion – just my own experiences with a broken toilet flapper. Regardless of how much the toilet ran, it never ran outside the toilet bowl because the water was carried out by the drain. If the drain was stopped up, not allowing the water to flow through the drain, then the water could back up and out from the toilet bowl, causing interior water damage.

 If the water damage was caused by the broken toilet seal, there would be no coverage.

 If the water damage was caused by the drain field overflow, then there would be limited coverage of $10,000 for Discharge From Sewer, Drain Or Sump (Not Flood-Related) provided in the proprietary endorsement CP 73 51.

 However, this is an issue of fact, not coverage. We can only speak to the coverages that would be provided in the form based on the two causes of loss as presented.