Legal Question in Insurance Law in Pennsylvania

have sewer line coverage which covers damage caused by tree roots causing breaks, clogs , and blockages. insurance company (American water resources) say that though camera inspection shows breaks, clogs, and blockages in the line with numerous tree roots in line, they are not responsible because no sewage has backed up into the house(YET) and they therefore declare the line is still at a "FREE FLOWING" condition.. Our argument is that the line flow is clearly being obstructed due to clogs and blockages by visible tree routes in camera inspection and since only 1 person lives there, isn't enough sewage going through the line to cause a backup yet. We (Attorney and I) consider existing tree roots as blockages and clogs feeling it's ridiculous to think somebody should have to wait till they have sewage backing into their home before the situation can be rectified. NEED HELP QUICK!!!

Asked on 11/01/17, 10:56 pm

1 Answer from Attorneys

Richard Teitell Richard K. Teitell, Esquire, P.C.

Since you have an attorney it would be better to discuss these issues with him/her. In general, in an ins policy ambiguous terms are interpreted against the insurer. Also, you & your attorney may consider a Declaratory Judgment Action. You can discuss that with your attorney. Good luck!

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Answered on 11/02/17, 6:28 am

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