Our insured has a Business Owner's Policy, MSO BU 04 01 12 07.
The tenant was unaware that 2 pipes froze and broke causing water to flood in the sandstone basement. All the drains got clogged and the pressure broke the stack apart and sewage was released in the flooded basement. The tenant became aware of the issue when the electric panel went out.
Considering the original cause of loss is freezing, is there coverage for the sewage clean up?
The policy states:
I am specifically citing the policy on Page 9.
Part I E Losses Not insured
We do not insure loss consisting of, or directly or indirectly caused by, one or more of the following, except to the extent otherwise specifically provided for in this policy. Such loss is not insured whether or not an otherwise covered cause of loss contributes concurrently or otherwise to the loss.
11. WATER DAMAGE EXCLUSIONS
A. Underground, surface or subsurface water that exerts pressure on or flows, seeps or leaks through: basements; doors, windows, or other openings; driveways, floors; foundations; paved surfaces; sidewalks; swimming pools; or walls. See also mudflow or mudslide under Exclusion 12.E.
B. Water or sewage which backs up through sewers or drains or overflows from a sump.
But, if loss by fire, explosion, sprinkler leakage or theft, to the extent insured by this policy ensues, we insure such ensuing loss.
Unfortunately for the insured, the following anti concurrent language of the exclusion will preclude coverage for the sewage that backed up in the drains ... Such loss is not insured whether or not an otherwise covered cause of loss contributes concurrently or otherwise to the loss.... Without the anti concurrent language, the sewage cleanup would be covered since it is a result of the covered water damage, but since the sewage backup was concurrent with the pipes bursting, there is no coverage for that damage.

