Judge Defines Surface Water, Finds Fact Issues On Cause To Insured Condo Losses

Mealey's (March 21, 2016, 9:22 AM EDT) -- DENVER — Surface water that enters a sewer system and backs up through or overflows from a sewer or drain is covered by an insurance policy, a Colorado federal judge ruled March 16, also finding that genuine issues of material fact exist regarding the character of the water that caused damage to insured condos and whether the damage was exclusively caused by sewer water backup (Chateau Village North Condominium Association v. American Family Mutual Insurance Co., No. 14-01583, D. Colo.; 2016 U.S. Dist. LEXIS 33989)....
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