Laserfiche WebLink
Many cities and their citizens may find this coverage option to be a helpful <br /> tool. However, it's also important to realize it's not a complete solution to <br /> sewer backup problems, and not every possible backup will be covered. <br /> One may wonder whether it is considered a gift of public funds to pay for <br /> damages the city isn't legally liable for. The legal basis for this coverage is <br /> that it helps reduce health hazards by encouraging prompt cleanups. That's <br /> clearly a public purpose and in the public interest. <br /> Also,the law and facts surrounding most sewer backup claims are rarely <br /> clear. There's virtually always a way that a claimant's attorney can make <br /> some type of argument for city liability. Having this coverage in place should <br /> help eliminate the need to spend public funds on litigation costs in many of <br /> these cases. <br /> a. Coverage terms <br /> The no-fault coverage will reimburse the property owner for sewer backup <br /> damages or water main breaks, regardless of whether the city was legally <br /> liable, if the following conditions are met: <br /> • The sewer backup resulted from a condition in the city's sewer system. <br /> • The sewer backup was not the result of an obstruction or other condition <br /> in sewer pipes or lines which are not part of the city's sewer system or <br /> which are not owned or maintained by the city. <br /> • The water main break damage to property of others was not caused by city <br /> negligence. <br /> • The sewer backup or water main break was not caused by or related to an <br /> excluded incident. <br /> • The date of the occurrence giving rise to the claim for sewer backup or <br /> water main damages must be on or after the retroactive date shown on the <br /> city's endorsement. <br /> The no-fault coverage will not pay for any damages or expenses which are or <br /> LMC information memo, would be covered under a National Flood Insurance Program(NFIP) flood <br /> National Flood Insurance insurance policy, whether or not such insurance is in effect; or for any costs <br /> Program. <br /> which the property owner has been reimbursed or is eligible to be reimbursed <br /> by any homeowners' or other property insurance. <br /> Following are other incidents that are specifically excluded under the no-fault <br /> coverage: <br /> 99 <br />