BarrierFree
Junior Member
Michigan. My friends basement was flooded during a rain storm, caused by the sewage pipe not being able to carry the water out because of tree root blockage. The tree roots were from the neighbor's hundred year old tree. The pipe has been cleared out 6 times in the past fifteen years, and the city told the neighbor that the tree needed to be removed last year because it was buckling my friends driveway and causing problems with his sewer pipe. The owner told the city "its not gonna happen".
Now my friends insurance company is denying the claim, because of an exclusion that was added to his policy after hurricane Katrina, according to the adjuster. In the HO policy, the exclusion states "water or water-borne material which backs up through sewers or drains which enters into and overflows from within a sump pump...." is not covered. I am a contractor, and after looking at his finished basement, I figure there has to be at least 50k worth of damage, and God knows how much in contents. There is black mold growing everywhere and he doesn't even want to turn the furnace on in fear of blowing spores through the house. His family shouldn't even be living in the house. Can the insurance company add an exclusion without a signature, phone call, or a letter?
Also, during a windstorm a few months ago, large branches broke off the tree and broke through the side storm door, and broke the frame of the entrance door. They also cracked the windshields of his two cars in the driveway next to the home.
So, I'm not exactly sure how he should go about this, but I was thinking he could file a claim for the doors (even though his adjuster told him it wasn't worth it because of his $250 deductible), say it was caused by his neighbor's tree not being removed, find out his neighbor's insurance company through subrogation, and file a claim for the basement flood with the neighbor's insurer? Will the neighbor's liability coverage pay for this? I told him he should file a lawsuit but I know he's broke. He can't even afford to have his furnace looked at, and he just paid $400 to have his sewer pipes cleared AGAIN.
If someone could please give me advice on this, I would greatly appreciate it. It is a nightmare.
Now my friends insurance company is denying the claim, because of an exclusion that was added to his policy after hurricane Katrina, according to the adjuster. In the HO policy, the exclusion states "water or water-borne material which backs up through sewers or drains which enters into and overflows from within a sump pump...." is not covered. I am a contractor, and after looking at his finished basement, I figure there has to be at least 50k worth of damage, and God knows how much in contents. There is black mold growing everywhere and he doesn't even want to turn the furnace on in fear of blowing spores through the house. His family shouldn't even be living in the house. Can the insurance company add an exclusion without a signature, phone call, or a letter?
Also, during a windstorm a few months ago, large branches broke off the tree and broke through the side storm door, and broke the frame of the entrance door. They also cracked the windshields of his two cars in the driveway next to the home.
So, I'm not exactly sure how he should go about this, but I was thinking he could file a claim for the doors (even though his adjuster told him it wasn't worth it because of his $250 deductible), say it was caused by his neighbor's tree not being removed, find out his neighbor's insurance company through subrogation, and file a claim for the basement flood with the neighbor's insurer? Will the neighbor's liability coverage pay for this? I told him he should file a lawsuit but I know he's broke. He can't even afford to have his furnace looked at, and he just paid $400 to have his sewer pipes cleared AGAIN.
If someone could please give me advice on this, I would greatly appreciate it. It is a nightmare.
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