- 736
Is water damage from a neighbor's negligence (not shutting off water) and leaking onto personal property covered?
Special form has a clause
We do not cover loss if
"water that backs up through, overflows from, or is other wise discharged from:
A) a sewer or drain
B) a sump pump or related equipment or
C) any other type of system designed to remove subsurface water which is drained from the foundation area.
Now, is the peril here, neighbor/person negligence or water damage overflow from sink/facuet?
Also can it be argued that the sink is part of a drain and therefore a "drain system" and the water was overflowed therefore not covered under special form without the water backup/sewer endorsement?
Special form has a clause
We do not cover loss if
"water that backs up through, overflows from, or is other wise discharged from:
A) a sewer or drain
B) a sump pump or related equipment or
C) any other type of system designed to remove subsurface water which is drained from the foundation area.
Now, is the peril here, neighbor/person negligence or water damage overflow from sink/facuet?
Also can it be argued that the sink is part of a drain and therefore a "drain system" and the water was overflowed therefore not covered under special form without the water backup/sewer endorsement?