Cardio Diagnostic Imaging, Inc. v. Farmers Insurance Exchange

Opinion

WILLHITE, Acting P. J.

This case involves the interpretation of an insurance policy exclusion. The exclusion at issue excludes any “loss or damage caused directly or indirectly by . . . [wjater that backs up or overflows from a sewer, drain or sump.” The question is whether this exclusion applies to damage caused when a malfunctioning toilet failed to shut off the intake of water and, because there was a blockage in the sewer line, the toilet overflowed, causing water to leak into the business premises occupied by plaintiff and appellant Cardio Diagnostic Imaging, Inc. (Cardio). The…