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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Have a water line burst (I assume) between the curb stop and

Customer Question

have a water line burst (I assume) between the curb stop and meter... flooded our basement...will my insurance cover the repair...
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am sorry this happened to you.

Have you spoken to the city yet?

Customer: replied 1 month ago.
they came out to shut the water off. They said that they are responsible up to the curb stop and the meter that is located in the house, but not the infrastructure from the curb stop to the house. These are the two clauses in our insurance policy:Water Escape and Rupture. If you are away from your premises for more than 10 consecutive days during the normal heating season, you must do one of three things. You must shut off the water supply and drain all pipes, attached fixtures, and appliances, or arrange to have a reliable person come in daily to check the heating, or have your dwelling electronically monitored 24 hours per day by a company that monitors and responds to a low temperature signal. If you do not, we will not cover loss or damage caused by freezing, or resulting water damage. We do not cover loss or damage to your dwelling or belongings if your dwelling is under construction or has been vacant for more than 30 consecutive days. We do not cover loss or damage caused by freezing to any part of a plumbing, heating, fire sprinkler, or air conditioning system or household appliance that is not in a heated building, or any resulting water damage. We do not cover loss or damage caused: — by rust, corrosion or deterioration. — by seepage or continuous or repeated leakage. — by back up, discharge or escape or overflow of water or sewage from a sewer, sump, septic tank, or eavestrough or downspout connected to your sewer.Property and Causes of Loss We Do Not Cover
We do not cover the following: a) loss or damage not due to a sudden, unexpected event. b) loss or damage caused by settling, expansion, contraction, moving, shifting, bulging, buckling, or cracking unless fire or explosion follows, then we will pay for the resulting damage. We will cover damage to building glass for Cover Code B or Cover Code C.There is absolutely no sign of any building movement (all doors and windows close fine, no noticeable cracks). The house is 20 years old.Thanks
Expert:  Legal Ease replied 1 month ago.
Did this just happen or did it happen when it was cold outside and were you away?
Customer: replied 1 month ago.
Just happened ...yesterday...we were able to catch it and open the sewer drain before there was water really the damage to the basement is minimal...but the repair to the line is going to be substantial...I am guessing between $15000 and $20000...Also there was no type of event i.e. storm or earth movement.
Expert:  Legal Ease replied 1 month ago.
You will not be covered for repairs that are needed to be made to the line. Insurance is for the damage that is caused by something like a flood but the insurance does not cover making the repairs for the item that was not working properly. That is part of the general upkeep of the home unfortunately.But you should be sure that this isn't the responsibility of the city.If the city was negligent in failing to maintain their pipes properly then this could be their fault even if the pipe was on your property.I am sorry that this is not the answer you were hoping for.Please feel free to post back with any follow-up questions that you may have. If you do not have any follow-up questions I hope that you feel that I had earned a five star rating. If you do not feel that I have earned this rating please do not hesitate to let me know how I can better assist you. Finally, please know that even after you rate me I will still be here for you and you can ask me follow-up questions at a later date.
Customer: replied 1 month ago.
my neighbor just reminded me that the city was working on the fire hydrants in the area over the last couple of the extent that they had the road torn up....we also have a sewer drain in our back yard...does this change anything
Expert:  Legal Ease replied 1 month ago.

I think that this helps prove that the city is liable.

I believe that water lines are not the same as sewer lines and that if one bursts they are liable.

Expert:  Legal Ease replied 1 month ago.

Do you feel we are done. It's getting late and it's Saturday so I may go offline soon but want to make sure you don't still need me. You didn't rate me yet which is why I am not sure if you still need me or not.


Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

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