Legal Question in Insurance Law in Texas

Insurance will not pay

My question is sewer backed up in my home and the water dept. workers that were on the scene at the time this happened say that the block was in their main line. It ruined all the flooring in my home and also some of the walls, furniture, etc. They had us to call their insurance company, they sent out adjusters and said that the water dept. was not at fault so will not pay us for damages. The blockage was not our fault either it was in their line. Are they liable to pay for the damages?


Asked on 3/30/04, 12:25 pm

2 Answers from Attorneys
Brandon Manus Manus Law Office

Re: Insurance will not pay

I recommend that you speak with an attorney immediately. Before filing suit against a municipality, notice of suit must be given. Normaly, that is 6 months, but many cities have reduced that time to as little as 30 days. If no notice is given, you are barred from suing the city. From the facts you have given, it is difficult to determine fault, but if insurance is denying your claim, you need an attorney NOW!

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Answered on 3/31/04, 9:08 am
Dan Street Street Law Firm

Re: Insurance will not pay

It depends. The burden of proof is on you to show that the water department was "negligent." In other words, you must show that they did something wrong (or failed to do something they should have done) and that it was this malfeasance or nonfeasance that caused your damages. In short, you are going to need an expert (probably a plumber) to attest that the water department caused the backup that caused your damages.

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Answered on 4/01/04, 2:04 pm


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