Homeowner's Grading Caused Neighbor Water Damage

[insurance1822]

So one of my homeowner's had their driveway expanded & we got a huge rainstorm & their neighbor is claiming that (Because of my guys driveway work..) that the water was now redirected towards his house causing flooding.

Could my guy be liable for this? Would it go against their homeowner's liability? They had a contractor do the driveway so would it be his e&o?

 

[ModernInsurance]

I would believe this to be 100% on the contractor. The guy didn't pour his own driveway, so why would he be liable?

 

[AdvisorsIns]

I bet the contractor won't have E&O

 

[InsCommentary]

What does the policy say? If coverage is on an open perils basis, it's up to the carrier to identify an exclusion and why it applies.

 

[agentinsouth]

So one of my homeowner's had their driveway expanded & we got a huge rainstorm & their neighbor is claiming that (Because of my guys driveway work..) that the water was now redirected towards his house causing flooding. Could my guy be liable for this? Would it go against their homeowner's liability? They had a contractor do the driveway so would it be his e&o?

1st the plaintiffs homeowner has to prove it is the driveway. That is not going to be easy.
2nd it is still going to be hard to receive compensation as long as the homeowner had the required permits.
3rd.... Well there is more, but this is going to be hard to win.

 

[tpowell138]

So one of my homeowner's had their driveway expanded & we got a huge rainstorm & their neighbor is claiming that (Because of my guys driveway work..) that the water was now redirected towards his house causing flooding.

Could my guy be liable for this? Would it go against their homeowner's liability? They had a contractor do the driveway so would it be his e&o?

The natural flow of water has been altered and that wrong doing will be liable. The neighbor will be looking to sue your insured the HO first. I would get the HO insurer in touch with the contractors E&O and GL carrier to subrogate or hopefully they will defend without a battle.

Contractor should have built a curb like structure or planted landscape on the edge of the driveway... or if recent work they should have had sand bags or the straw out.