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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111568
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Weep holes in the Home that lead to a French Drain were

Customer Question

Weep holes in the Home that lead to a French Drain were overwhelmed in a storm & the sump system was overloaded. The finished basement was flooded and the Insurance Company will not pay for damage.They say that no policy will pay for seeping groundwater. Is this correct?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Most every homeowners insurance policy I have seen would exclude groundwater seeping through the foundation. This would have to be written as a separate amendment to the policy (which would be quite expensive) if you want coverage for this type of water damage. You need to check to see, because most policies state:
" PROPERTY EXCLUSIONS, exclude “water damage” caused by:
Water below the surface of the ground, including that which exerts pressure on, or seeps or leaks through a building, wall, bulkhead, sidewalk, driveway, foundation, swimming pool, hot tub or spa, including their filtration and circulation systems, or other structures."
This is the groundwater exclusion clause that is standard in homeowner policies.

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