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Home / Insurance / How do you define "surface water" and is it covered by my policy? | Legal insurance blog about property insurance

How do you define "surface water" and is it covered by my policy? | Legal insurance blog about property insurance



Not that you do not have enough to worry about by 2020, but the last thing you need is for your municipal water system to invite itself into your home and cause a lot of water damage. If a municipal pipe overflows, breaks or causes a reserve, does it count as surface water? Who is responsible, your municipality? Your insurance company?

Many municipalities have immunity to events such as these absences some form of negligence on their behalf. Most insurance companies will deny this claim and say that this is excluded during their "exclusion" of water which includes "flood" and "surface water".

In Union Street Furniture and Carpet, Inc. v. Peerless Indemnity Insurance Company 1

Union property was severely damaged by water when heavy rainfall occurred in the area causing water to penetrate the property through the walls. , the chimney and the skylight. Most of the damage was caused by water flowing into the facility from the parking lot through the loading dock.

Peerless argued that the water damage to the Union's personal property was not an insured loss because the damage was caused by a "flood" or by "surface water." Peerless also claimed that the water that came through the roof that also damaged the company's personal property was "surface water" and due to the anti-concentric clause, the contents were not insured.

By rejecting Peerless' interpretation of the term "surface water," the court quoted, referring to cases and authorities from other jurisdictions, that water from precipitation (rain or snow) flowing on the ground outside any defined canal, but that water accumulated on a roof from rain does not meet the requirements.

The case Union can in fact be distinguished from Gemini Color Lab v Hartford Casualty Insurance Company . 2 In Gemini the plaintiff's property was damaged as a result of a reserve from a sewer connected to the sanitary sewer after a flood. Gemini the court cited a Texas Court of Appeal, State Farm Lloyd v. Marchetti 3 who stated that "when the loss is a consequence of the invasion of insured premises with non-flood water, even if the invasion may have been caused by flood water, [water] exclusion does not apply. one.

The question of the legal definitions of "surface water" and "flood" varies. from jurisdiction to jurisdiction and come in many shapes and sizes. If your insurance company denies your claim for "surface water" or "flood", make sure you call one of our attorneys to help you with your claim.

I leave a quote from the painter Erik Pevernagie, who said "when the flood lowers the whole country, no raindrop can feel responsible."
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1 Union Street Furniture and Carpet, Inc. v. Peerless Indem. Ins. Co. 54 Conn. L. Rptr. 849, 2012 WL 5519614 (Conn. Super. Ct. October 23, 2012),
2 Gemini Color Lab, Inc. v. Hartford Cas. Ins. Co. 36 Conn. L. Rptr. 605, 2004 WL 574676 (Conn. Super. Ct. March 8, 2004).
3 State Farm Lloyd v. Marchetti 962 SW2d 58, 61 (Tex. App. 1997).


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