IMPORTANT LEGAL NOTICE
Homeowners Sewer
Backup Coverage
The increasing number of severe weather events has resulted in a higher incidence of sewer line backup claims over the past several years. In fact, the Engineering Research Foundation has determined that sewer line backups are increasing at a rate of 3% per year. Weather experts expect the severe weather trend to continue over the next few months.
A home is at risk if it is not at least one foot above the nearest upstream manhole of the sanitary sewer main. Severe weather events compound the risk when heavy rains and storm water runoff enter the sewer system either through infiltration or inflow as a result of direct, illegal connections to the sewer system such as roof drains or sump pumps.
Many homeowners do not realize that under the Pennsylvania Tort Claims Act, a municipality is only responsible for paying the uninsured portion of each loss, ONLY if the municipality is negligent. The primary factor in determining negligence on the part of the municipality is if the municipality had prior notice of the condition within a sufficient amount of time prior to the event resulting in the claim to have taken measures to prevent it. Without prior notice, by State law, the municipality is not responsible for the loss.
The best protection for a property owner is to purchase broad-form coverage and/or sewer line backup and flood coverage riders which protects their own possessions against as many risks as possible
Thank you for your cooperation.