These exclusions:

1. Apply regardless of the cause of the water or the material described or moved by water described under items 2. Through 4. Above, whether or not such cause is an act of nature.

The carrier has sent a denial letter citing the exclusion for surface water:

"The rain fell from the sky, landed and accumulated on the ground, becoming surface water and overwhelming the sewer system designed to move the water away from the building. Since the sewer system was overwhelmed by rain water, the damage is caused by or associated with surface water, and the sewer and drain backup coverage extension will not apply to the loss."

The carrier has issued payment under the Water Damage coverage; BCP-25 (4.1) with a limit of $2,500; however, I disagree with the carrier's position and coverage under the Sewers and Drains Back-up Extension should apply to the damages sustained. This coverage brings the limits of insurance back up to the Building limit of $6M+. I believe the carrier's interpretation of the Sewers and Drains Back-up extension of coverage illusory. I am interested to know you thoughts on this matter.

New York Subscriber

Surface water is water that meanders along the surface of the ground following no particular path. Once the water leaves the surface, by soaking into the ground or entering the sewer system, it is no longer surface water. It is only surface water while on the surface of the ground. When a large volume of rainwater causes the sewer system to back up into a building, that falls under the coverage for sewer and drain backup. Once water enters the sewer it is no longer surface water. The endorsement was designed for losses like this, it should be covered.