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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.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General CE Hours:
Adjuster Ethics CE Hours:
Attorney General CLE Hours:
State's Course ID:
NH 2.0 482665
TX (classroom equivalent) 1.0 106057
NC 2.0 C75197
FL * ( Provider Number: 364169 ) 2.0 1189242
IL 2.0 485568
OK 2.0 1027322
WY 2.0 26289

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

Lesson Content

1) overflow and backup coverage scenarios
a) localized clogs
b) municipal problems
2) policy language
a) accidental discharge peril
b) water back up exclusion
3) court coverage Interpretations
a) majority view
b) minority view
4) water back up defined
a) accumulation due to
stoppage
b) to move or go backward
5) example: clog in sewer line in yard
6) Quiz – Reinforcing Part 1 materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80%
score on first
quiz

Lesson Content

1) water removal
a) water defined
b) water removal systems
2) private systems
a) septic systems
b) septic tanks
c) storm water system
d) coverage scenario
3) groundwater and septic losses
a) ground water principles
i) surface water
ii)
underground water
b) common loss scenarios
i)
physical loss
ii)
water below the surface exclusion
iii)
neglect/negligence
iv)
defect in plumbing system
v)
wear and tear
vi)
causation analysis
4) Quiz – Reinforcing Part 2 materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80%
score on first quiz

Lesson Content

1) municipal systems
a) combined systems
b) separated systems
2) combined systems and coverage
a) why do they exist
b) back up problems
c) underwriting response
d) back up as an “explosion”
e) back flow prevention
3) separated systems and coverage
4) Quiz – Reinforcing Part 3 materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80%
score on first quiz

Lesson Content

1) Carolina Mills v. World Fire
     a) facts
     b) internal v. external
plumbing
     c) proximate cause
     d) coverage interpretation
2) Penn America v. Mike’s Tailoring
     a) facts
     b) off premises sewage
     c) coverage interpretation
3) Aetna v. Crawley
     a) facts
     b) back up defined
     c) coverage interpretation
4) Thompson v. Genis Building
     a) facts
     b) plumbing system defined
          i)
sewer line
          ii)
gutter
          iii)
downspout
          iv)
newer policy language
     c) back up defined
5) Newlo Realty v. USF&G
     a) blocked sink
     b) natural disaster limitation
discussed
     c) drain defined
6) Quiz – Reinforcing Part 4 materials
     a) 5 multiple choice questions
     b) 4 choices per question
     c) A second quiz if less than 80%
score on first quiz

Lesson Content

1) water defined
a) fecal matter as water
b) Citrano v. Hingham Mutual
c) policy language
2) origin of water and defect
a) policy language
b) case law
c) cause of municipal problem
i) storm water
ii)
Other blockage
iii)
case comparison
d) example coverage scenarios
i)
water treatment plant
ii)
municipal line
iii)
neighboring property
iv)
public right of way
v)
insured’s property
3) enters without consent
i)
source of water
ii)
direction of flow
4) elements of back up defense
5) Quiz – Reinforcing Part 5 materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80%
score on first quiz

Submit within 5 days to get CE Credit or Certificate of Completion.

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