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I see now that unlike I do, the OP has an additional water damage rider. Can someone please explain to me how the OP's attached policy clause could EVER be interpreted by a ruling AHJ to cover "surface" water, when it plainly states subsurface water ? If the sentence read "surface OR subsurface" water...then its a given. But what I am reading states "subsurface" water only.
A building code enforcement body that would come up with the idea, then write the code to allow a dwellings OUTSIDE water be it either surface or subsurface, to be piped INSIDE TO THE DWELLING. Huh ? Where it then has to be removed by a sump pump. Two probable failures by design. Sump pumps fail, drain strainers get covered with leaves/debris, and internal drain pipe restrictions happen.
Sump pumps are installed in basements to evacuate any rising water tables under the basement floor or the occasional water than may permeate through a leaking foundation wall (due to poor foundation wall sealing/drainage) that may enter under the foundation walls footings.
Once the SP's were installed in the basement floors of course, they became the receptacles for the washing machine drains and A/C condensate water, in a LOT of basement homes.
So good luck OP. I hope your incident never happens again, but I will say with 99% accuracy that it will. If not under your ownership, then the next owners. One just has to look at the amount of rain fall we have been getting over the passed two years and the floods, to see even the semi-arid locations are getting surprise amounts of rain now. A person cannot for 100% 365/24/7 maintain the opening of a bottom stairwell drain, that is subject to debris from the outside.
So if one wants to help assure themselves of no more stairwell bottom drain fiasco's, they best get a porch built over that stairwell to be screened in totally. Or at least install a two stage drain box in it that will help a lot, if one forgets to do regular cleanings. JMO
Last edited by greglovesoldtrucks; 05-17-2019 at 07:29 PM..
All valid points Greg! My position is that the surface water would not have been there if the very system that I am (supposedly) insured on, had not of failed (which I’m supposedly insured for). That is the core of my argument against the company.
I am also aware of others in my neighborhood with State Farm who have incurred the same damage with the same rider, and it was covered, so, there now this aspect to consider to. “Lucky” isn’t a legitimate reason..
But at the end of the day, the carpet was due to come out anyway, and this has given us the motivation to get busy with doing it right. Yes I’m going to fight this (and will keep you guys posted), but we’re going to do some things differently down there now, including installing tile at the entrance to that door instead of carpet butting right up against it, leaving 0% margin for error in a situation just like this (because I agree, odds are it’ll happen again some day). My entire philosophy with bringing this house back from the grave has been quality over quantity. After we get through Memorial Day, we’re going to rip everything out and take our time putting it back together, nicer than it was (which was just one big piece of carpet for the main area, movie room and bedroom. This just became my summer project...
Sounds like a good plan NC and am sure it will work out for you.
Just me, but no way could I live with the fact that my interior room is going to get flooded again one day. I would have to do something to at least minimize, the chances of it doing so. Insurance or no insurance, I am getting too old to fight the water messes anymore. .
I see now that unlike I do, the OP has an additional water damage rider. Can someone please explain to me how the OP's attached policy clause could EVER be interpreted by a ruling AHJ to cover "surface" water, when it plainly states subsurface water ? If the sentence read "surface OR subsurface" water...then its a given. But what I am reading states "subsurface" water only.
A building code enforcement body that would come up with the idea, then write the code to allow a dwellings OUTSIDE water be it either surface or subsurface, to be piped INSIDE TO THE DWELLING. Huh ? Where it then has to be removed by a sump pump. Two probable failures by design. Sump pumps fail, drain strainers get covered with leaves/debris, and internal drain pipe restrictions happen.
Sump pumps are installed in basements to evacuate any rising water tables under the basement floor or the occasional water than may permeate through a leaking foundation wall (due to poor foundation wall sealing/drainage) that may enter under the foundation walls footings.
Once the SP's were installed in the basement floors of course, they became the receptacles for the washing machine drains and A/C condensate water, in a LOT of basement homes.
So good luck OP. I hope your incident never happens again, but I will say with 99% accuracy that it will. If not under your ownership, then the next owners. One just has to look at the amount of rain fall we have been getting over the passed two years and the floods, to see even the semi-arid locations are getting surprise amounts of rain now. A person cannot for 100% 365/24/7 maintain the opening of a bottom stairwell drain, that is subject to debris from the outside.
So if one wants to help assure themselves of no more stairwell bottom drain fiasco's, they best get a porch built over that stairwell to be screened in totally. Or at least install a two stage drain box in it that will help a lot, if one forgets to do regular cleanings. JMO
The major difference in this case is that this drain ties to the sump drainage system, which did indeed fail. Had that drain been tied to a pump system that was outside the foundation perimeter, it wouldn’t be considered part of a covered system.
While I’m not 100% on VA statute and precedent, I think the OP has a very legitimate “reasonable expectation of coverage”.
The major difference in this case is that this drain ties to the sump drainage system, which did indeed fail. Had that drain been tied to a pump system that was outside the foundation perimeter, it wouldn’t be considered part of a covered system.
While I’m not 100% on VA statute and precedent, I think the OP has a very legitimate “reasonable expectation of coverage”.
I agree.
Last edited by greglovesoldtrucks; 05-17-2019 at 01:08 PM..
Any updates, OP? Did they eventually cover your claim?
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