Landlord Not Covered for Water Damage from Blocked-Up Sink

April 1, 1995

LVT Number: 9575

Landlord sued its insurance company for coverage for water damage. The trial court and appeals court ruled against landlord. Even if water damage from overflow from a blocked-up sink was covered by the policy, landlord's policy had an exclusion clause for ''water that backs up from a sewer or drain.'' And although the other policy exclusions referred to floods, tidal waves, mud slides, and underground water flows, this didn't mean that the exclusion for water backed up from a sewer or drain had to be the result of a natural disaster.

Landlord sued its insurance company for coverage for water damage. The trial court and appeals court ruled against landlord. Even if water damage from overflow from a blocked-up sink was covered by the policy, landlord's policy had an exclusion clause for ''water that backs up from a sewer or drain.'' And although the other policy exclusions referred to floods, tidal waves, mud slides, and underground water flows, this didn't mean that the exclusion for water backed up from a sewer or drain had to be the result of a natural disaster.

Newlo Realty Co. v. U.S.F. & G. Corp.: NYLJ, p. 26, col. 4 (3/27/95) (App. Div. 1 Dept.; Rosenberger, JP, Wallach, Kupferman, Asch, Tom, JJ)

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