Can backup of downspouts and gutters that causes interior building damage be covered under a backup of sewers and drains extension of coverage? The claims denial is based on the contention that the downspout and gutter are not part of a plumbing system. The backup was caused by foliage and improperly installed gutter screws. My position is that the form does not say that the drain must be part of a plumbing system, and a gutter and downspout are part of a drainage system designed to move water away from a building.

Ohio Subscriber

We agree. A gutter could be considered a drain, and if the policy does not specify that the drain must be a part of a plumbing system, then a loss caused by the backup of gutters could be covered by an endorsement for backup of sewers and drains coverage, provided there are no exclusions or limitations or other language that excludes gutters.