Course Description
Coverage for Water Backups and
Overflows
The course, "Coverage for Water Back Ups and Overflows,"
contains content designed to enhance the knowledge, understanding, and/or
professional competence of the student regarding insurance principles and
coverages; applicable laws, and rules; recent and prospective changes in
coverages; and technical policy provisions.
"Coverage for
Water Back Ups and Overflows" explores the fundamentals of coverage
analysis for property insurance losses involving water backing up and
overflowing from sewers and drains into homes and businesses. The course begins
with an overview of the majority and minority views adopted by courts in
interpreting coverage.
The program then
works through common coverage scenarios.
The course examines types of water removal systems used by homeowners
and businesses and the losses suffered when using these systems. The losses are then examined in the context
of policy language. This analysis also
serves to give students insight as to why policy provisions were drafted.
The program then
focuses on the facts and reasoning behind the minority view court
opinions. This is followed by an
analysis of the majority view opinions along with an analysis of the elements
of a "back up exclusion" defense to coverage.
After completing
the course, the student will understand what facts are important to courts in
determining coverage, will be able to distinguish between scenarios that are
typically covered and typically excluded, will be better able to understand
their experts, and will understand elements likely required before a water back
up or overflow might be excluded under the terms of a standard property policy.