We live in Boulder, CO and were one of the many who were subjected to water damage. In our case we do not live in a flood plain. During the recent storm, we had our basement flooded. The sump pump could not keep up with the water. According to insurance inspection, they concluded that the water was surface/subsurface water that seeped down the window wells and entered through the foundation. Consequently, the insurance company (Metropolitan Property and Casualty Insurance Company) denied the claim. However, in my opinion, most of the water came from below the sub-floor in the form of a rising water table. The sub-floor is approximately 18" above ground level and the sump pump well is lower than that. We had approximately 5" of water above the floor (total of about 23"). Looking at our policy it shows: SECTION I – ADDITIONAL COVERAGES, part 22.A, Back Up of Sewer, Drain and Sump Pump, item 2. “We cover damaged or destroyed property under the Coverage listed in SECTION I – COVERAGES caused by or resulting from water or water-born material: Which enters and overflows or is discharged from within a sump pump, sump pump well or other type system designed to remove subsurface water which is drained from the foundation area”. Furthermore, in SECTION I – ADDITIONAL COVERAGES, part 22.C, “Under SECTION I – LOSSES WE DO NOT COVER, 1.D. Water Damage, item 2. is deleted with respect to the coverage’s provided by this additional coverage”. When I pointed this out to the company, they came back and said that as long as any water entered via the window wells/foundation (no evidence of water coming through windows and no evidence of standing water next to the house), the section did not apply. So my question are: In your opinion, do I have any reason to pursue this or are they correct? If I should pursue this, what should my next steps be? Thank you very much for your help and let me know if you need additional information.

About The Expert

Amy Bach

Amy Bach has been a professional advocate for insurance policyholders since 1984 and an attorney since 1989. She co-founded United Policyholders in 1991 and serves as the organization's Executive Director and primary spokesperson; shaping and overseeing the Roadmap to Recovery™, Roadmap to Preparedness, and Advocacy and Action programs. She is a nationally recognized expert on insurance claim and legal matters; frequently interviewed in print and broadcast media, and the author of numerous publications including "The Disaster Recovery Handbook", "WISE UP: The Savvy Consumer's Guide to Buying Insurance" and consumer tips and guides in the UP Claim Help Library.  Recognized by Money Magazine as a Money Hero, Bach is in her eighth consecutive term as an official consumer representative to the National Association of Insurance Commissioners, and is a member of the Federal Advisory Committee on Insurance.