Policy holders of Hartford Casualty Insurance have filed a class action lawsuit against the company claiming Hartford refuses to cover claims for damages from sewer backups, despite riders taken out specifically for that purpose.
“Insureds of the Hartford can take out a rider covering loss caused by a sewer backup. However, when such loss occurs, the Hartford frequently denies claims, claiming the backup is subject to exclusion for damages caused by a ‘flood,’” says the Hartford Casualty Insurance class action lawsuit.
The lead plaintiff in the Hartford class action, a property management company that operates in Illinois and California, claims they added a specific rider to their Hartford insurance policy that read: “We [Hartford] will pay for direct physical loss or physical damage to Covered Property solely caused by or resulting from water that backs up through a sewer or drain.”
However, when the company experienced a sewage backup that caused damage to its property and filed an insurance claim to cover their losses, Hartford denied the claim under the exclusion that the damage was caused by “accumulation of surface waters” from a flood. The Hartford class action lawsuit claims “Courts have previously addressed this exact type of exclusion, under these circumstances, and have rejected attempts to deny coverage.”
The Hartford Casualty Insurance class action lawsuit is brought on behalf of all persons or entities who were, or are, insured against sewer backup by Hartford. It is seeking damages and interest stemming from the Hartford’s alleged breach of contract, plus attorneys’ fees and other relief.
A copy of the Hartford Casualty Insurance Sewer Backup Class Action Lawsuit can be read here.
Updated December 21st, 2010
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