Penn-America Insurance v. Mike's Tailoring
Opinion
Opinion
Blease, J.
Plaintiff Penn-America Insurance Company (Penn-America) appeals from an adverse judgment in its declaratory relief action to determine whether the insurance policy it issued to Mike’s Tailoring (Mike) covered the loss suffered.
The trial court determined the loss, which occurred when a clogged sewer line running underneath Mike’s property caused raw sewage to flow into Mike’s basement, was covered by the policy. It concluded the loss was covered under the terms of a policy covering the discharge of pollutants caused by the discharge of water directly resulting from the breaking or cracking of a part of a system containing water. The trial court found the exclusion for damage caused by “[wjater that backs up from a sewer or drain” was not applicable because it encompassed damage caused by water and did not include pollutants carried by water. We disagree.
We shall conclude the exclusion from coverage for “[wjater that backs up from a sewer or drain” must be given its common sense interpretation to include the sewage that inevitably accompanies the water in a sewer. We shall reverse the judgment.