We have an HO-3 (5/11) Policy where the yard to the insured risk flooded causing the septic system to back up and flood the home. There is some discussion here on coverage and we wanted to get your opinion.

Virginia Subscriber

You don't mention if the policy has the water backup endorsement. On the HO 00 03 05 11, water that backs up through sewers or drains is excluded, and that exclusion is preceded by anticoncurrent causation language.

For edification, Merriam Webster defines a sewer as: an artificial usually subterranean conduit to carry off sewage and sometimes surface water. Septic tank is defined as:

a tank in which the solid matter of continuously flowing sewage is disintegrated by bacteria. While the septic tank isn't carrying the waste off the property, the waste is removed from the house in order for it to be dealt with.  We are of the opinion that this is similar enough to a sewer so that the backup would not be covered.

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