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Is the City Responsible for Your Sewer Backup in Maine?

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There are few nightmares for Maine homeowners more unpleasant than a sewer backup in the basement. We don’t need to go into details about sewer backups. Suffice it to say, we hope you’ve never seen one, and never will. Unfortunately, they’re all too common in heavy rains.

What Causes Sewer Backup?

  1. Sewer lines become full of groundwater or storm water, and back up, usually through basement drains.
  2. Line blockages in the street cause a backup.
  3. Tree roots or some other obstruction on your property blocks the line from your home to the street.

How Can I Prevent a Sewer Backup?

The most common protection is to install a backflow valve. This is designed to allow sewage to flow out of your home (“the good way”), but not from the street into your home (“the bad way”). These are sometimes called check valves or flap valves. Gate valves are manually operated, and completely seal the pipe leading from your home to the street. A plumber can recommend the best solution for your home.

What if I Have a Sewer Backup?

  1. Call your city’s sewer maintenance department.
  2. They will check the line in the street near your house.
  3. If the line is not found to be blocked, you should call your plumber.
  4. We do not recommend trying to clean your own home after a sewer backup. Call a qualified remediation contractor. Search for “sewer or water cleanup contractor”.

Is the City Responsible for My Property Damage?

Probably not. The Maine Tort Claims Act holds your city responsible only if they were negligent in maintaining the lines. Most municipalities have strong maintenance programs for their systems. They’re not responsible for people dumping inappropriate items into the system, such as grease, non-flushable items, or debris. If you think that the damage was caused by your municipality’s negligence, contact their legal department.

Does My Homeowners Insurance Cover Sewer Backup?

“Off the shelf” Maine homeowners insurance policies do not cover property damage from backup of sewers or drains. Optional coverage is broadly available from your Maine insurance agent. For more information about sewer backup insurance, homeowners insurance or other storm insurance, contact Noyes Hall & Allen Insurance at 207-799-5541.

February 25 Maine Wind Storm Damage Update

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Our Maine insurance agency has been very busy taking claims and reporting them to insurance companies, and keeping our clients informed of the progress of their claims.

So far, the damage that’s been reported to us has been mostly concerned with homeowners insurance: trees falling on property and wind damage to buildings, followed by water backup into basements. Many Mainers lost power, which caused their sump pumps to fail, allowing water to back up into their homes.

pie chart of claims reported to Noyes Hall & Allen Insurance

What kind of damage did you have to your property?

Is Your Fallen Tree Covered by Maine Homeowners Insurance?

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We’ve been very busy today with calls from clients who suffered damage in yesterday’s wild storm – and there’s more weather on the way this weekend. Most calls have concerned fallen tree limbs, which can be some of the trickiest claims to advise insureds about. Here’s why.

 3 Sources of Insurance Coverage for Tree Damage

  • Homeowners property coverage;
  • Homeowners liability coverage;
  • Your car insurance.

3 Types of Financial Loss for Tree Damage

  • The cost to cut up and haul away the limb;
  • The cost to repair damage to your property;
  • The cost to repair damage to your neighbor’s property caused by your tree.

You can see how this might get complicated pretty quickly. But there’s more.

How Common Insurance Policies Respond to Tree Damage

  • Most property policies pay for YOUR damage if the tree or limb damages your building or structure. They also pay to remove the offending tree or limb from the damaged property (“chop and drop” coverage).
  • Most property policies do NOT pay to remove a tree or limb that doesn’t damage anything else. There are exceptions to this rule, depending on which company you’re insured with, and which optional coverages you bought.
  • Liability coverage pays for your “legal liability” for damage to someone else’s property. You have to be considered “negligent” for coverage to apply. Just because it was your tree that fell on your neighbor’s fence, that doesn’t mean you did anything wrong. Liability could depend on the condition of the tree before the storm, among other factors.

Put all of these factors together, and you can understand why there’s no quick answer to “am I (or my neighbor) covered when a tree falls in my yard”. Your best bet is to call your agent, and get their opinion of your unique situation.

What to Do if a Fallen Tree Damages Your Property

While every situation’s different, these should apply to most.

  • Take photos of the damage or the fallen tree or limb.
  • Take immediate steps to protect your property from additional damage.
  • Make arrangements to have the tree removed. No need to wait for an adjuster to see it.
  • Remember, there’s a difference between the law and being a good neighbor.

If you’re not legally responsible, and your liability doesn’t cover their damage, their homeowners policy will probably cover it. But, they’ll have to pay their property deductible. In the interest of maintaining good relations, you and your neighbor may want to talk about cost sharing.

Good luck weathering the storm!

First Winter as a Maine Homeowner? Avoid the “Big 3” Headaches

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This recent blast of cold weather reminds us that winter’s coming. Every year, some clients of our Maine insurance agency report water or ice damage to their property. Many of these come from people who are spending their first winter since buying or significantly renovating their homes.
Every house is different; depending upon the roof shape and slope, landscaping, location and elevation, some homes are more exposed to winter’s peril more than others.
Here are a few tips to help you and your home weather your first winter together.
cold weather thermometerSNOW
• Watch for snow accumulation on the roof. Heavy snow load can lead to roof collapse. A roofing contractor will often be a good source for a reputable snow removal service.
• Remove snow from basement stairwells, window wells and all walls.Melting snow can lead to water damage and moisture intrusion.
ICE DAMS
Ice Dams are an accumulation of ice at the lower edge of a sloped roof. A warm attic melts snow, causing water to run down and refreeze at the roof ’s edge, where it’s much cooler. If ice builds up and blocks water from draining off the roof, water is forced under the roof covering and into your attic or down the inside walls of your house.Anatomy of an Ice Dam

• Keep your attic well ventilated so it maintains a temperature close to that of the outdoors, which will minimize the risk of ice dams forming.
• Make sure your gutters are clear of leaves and debris.
FREEZING PIPES
Pipes in attics, crawl spaces and outside walls are particularly vulnerable to extreme cold. To keep water in your pipes from freezing:
• Fit exposed pipes with insulation sleeves or wrapping to slow heat transfer.
• Seal cracks and holes in outside walls and foundations near water pipes with caulking.
In bitterly cold weather:
• Keep cabinet doors open to allow warm air to circulate around pipes.
• Keep a slow trickle of water flowing through faucets connected to pipes that run through an unheated or unprotected space.

Maine Coastal Home Owners Have Insurance Options

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Mainers who own homes near the coast – even as far as a mile from the shore – are having a harder time finding homeowners insurance.  Despite a quiet Atlantic hurricane season so far this year, Insurers are acting on more dire long-term hurricane predictions and historically poor loss history on the East Coast.

Most insurers are reducing their appetite for insuring coastal homes. Some are refusing to insure homes within a mile of the coast, even for customers they’ve insured for years with prior homes. Those companies that do insure coastal property may require higher deductibles or charge higher rates than in prior years.

At Noyes Hall & Allen Insurance, we’re fortunate to represent many insurers, and have access to many more. We still have preferred options available for coastal homes if it’s your primary home. If your homeowners insurance premium or deductible increase has gotten your attention, or if you’re buying a new home near the coast and finding insurance problems, call us at 207-799-5541 or find live support on our web site .

Secondary and seasonal homes on the coast are more difficult to insure. We recommend that you contact the insurer of your primary residence to see what options they might have available for your vacation home. Otherwise, your insurance options will likely be limited. The pricing and coverage terms will probably be less than desirable.

3 Things Every Coastal Maine Homeowner Should Know About Flood Insurance Changes

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As the Press Herald reported in this September 5 story, FEMA is updating its current flood hazard maps for much of the southern Maine coast. These maps are used to determine insurance costs in the National Flood Insurance Program (NFIP), the only flood insurance available for most properties. Maine business property insurance,  homeowners insurance and condo insurance do NOT cover flood damage.

FEMA proposes to change the zoning of much waterfront property in South Portland, Portland and Cape Elizabeth. The cities of Portland and South Portland are challenging the new zoning, but there’s no guarantee that they will be successful.

The Zone Differences

FEMA’s zone classification system defines an area that has a 1 percent chance of being inundated by flood waters in a given year a “special hazard area”. There are two categories of “special flood hazard areas”, “A” and “V”.

The difference is that “A” zones are low-lying areas subject to flooding, while in “V” (velocity) zones, the water is more likely to flow with the increased hazard and damage of wave action. Many of the proposed changes would switch local oceanfront property from an “A” zone to a “V” zone; some may extend “A” zones to properties not previously considered to be in a “special hazard zone”.

How This May Effect You

Compared to properties not in a “special hazard zone”, Properties in an “A” zone:

  • Pay higher flood insurance rates.
  • Are required by FHA lenders to be insured for flood.
  • Require an “elevation certificate” – a special survey that the property owner must pay for and provide to the flood program.

In addition to these conditions, properties in a “V” zone:

  • Pay even higher flood insurance rates
  • May be unable to purchase flood insurance if they’re on piers or wharves that are over water.

What You Can Do

View local flood maps at your local planning office.

If your property is proposed to be re-located into either an “A” or “V” zone, call your insurance agent immediately. Since the maps are not yet effective, property owners can take advantage of cost-saving options that allow them to “lock in” at their current zone. Depending on your property’s value and location, this could save you thousands of dollars per year.

For more information, contact Noyes Hall & Allen Insurance at 799-5541, or the FEMA Map Assistance Center at 877-336-2627.

* * * UPDATE * * *

The Portland Press Herald  reported on September 21 that FEMA is delaying implementation of the new flood maps, and will re-start the appeal process, likely in early November. The agency cited technical errors in the notification process, not any methodological errors, as the reason for the delay.

Will Maine see a hurricane this year?

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June 1 is the traditional beginning of the Atlantic tropical storm season. The National Weather Service’s National Hurricane Center doesn’t openly issue long range seasonal forecasts, but that doesn’t stop other organizations, from Accuweather (which predicts 10 named Atlantic storms) to the Farmers’ Almanac (9) from doing so.

  • In the event of a hurricane watch/warning or tropical storm watch/warning, new coverage cannot be bound, nor coverage added or increased for existing policies providing property, inland marine or auto physical damage coverage.
  • Policies quoted and bound prior to the issuance of a watch or warning will be honored if coverage was scheduled to take effect during the watch/warning period.

Wind damage and flooding are the most common types of damage caused by tropical storms. Wind is covered by most standard policies, but flood is not. Flood insurance is a government program, sold by virtually any insurance agency,

including us

. The flood insurance program has a 30 day waiting period from the receipt of an application until coverage begins.

Although hurricanes hit New England much less often than southern coastal areas, we are not immune. Maine has been struck by 5 named storm, including 1991’s Bob.

Bottom line: the time to evaluate your insurance coverage is before a storm hits. Be assured that if a disaster does hit our area, Noyes Hall & Allen and the companies we represent are ready to respond quickly, professionally and effectively.


Maine Ins. Commissioner: Consider Flood Insurance

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Two days after this post on our blog, Maine’s Insurance Superintendent, Mila Kofman, echoed our recommendation to consider flood insurance, especially following this winter’s heavy snowfall.


Her bulletin points out that “now is the time for home and business owners to seriously consider the advantages of flood insurance”. She further points out that 9 of 11 federal disaster declarations in Maine from 2000 to 2008 involved spring flooding, and that the damages “impacted every county in Maine on multiple occasions”.

Don’t forget that flood damage is not covered by homeowners or standard business policies, and that the National Flood Insurance Program has a mandatory 30 day waiting period before coverage takes effect (unless it’s a new property purchase). Now really IS the time to think about protecting your property.

For more information about flood coverage, visit the Bureau of Insurance’s flood information page, read our February 18 blog post, or contact us via our web site, or on Twitter.


EVERY Property is in a “Flood Zone”

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Many people fail to purchase flood insurance when they buy a property. Some believe that their Maine homeowners insurance will cover flood damage. It won’t. Others think that because their lender hasn’t required them to buy flood insurance, they’re not in a “flood zone“.

Every Property Can Sustain Flood Damage
Some properties are more flood-prone than others, of course. Ocean- or river-front property is more likely to flood than homes located on higher ground. The good news is that it’s relatively inexpensive to buy flood insurance if you live in a low risk area.

What is a Flood?
The word “flood” conjures up images of rising rivers and streams, or ocean storm surges. Those are floods of course, but so are: snowmelt runoff; dam breaches; heavy rains; and flash floods. All of those things can and do occur in Maine. Here’s a list of past flood disasters in Maine, which doesn’t include some notable recent events.

Remember the heavy rains of August, 2008 that flooded several southern Maine areas? Many property owners in the affected areas had never experienced flooding before.

Mandatory 30 Day Waiting Period
Let’s say you’ve heard weather forecasts of heavy runoff from snowmelt. Concerned about your property, you call to buy flood insurance to protect your home. The government knows that many people who would buy such coverage may be in imminent danger. That’s why they require a 30 day waiting period for coverage to take effect – unless you’re buying property and coverage is required by your lender.

That means now is the time to think about buying flood coverage – not when the river’s rising.

Flood insurance is only available through the National Flood Insurance Program, a government program managed by FEMA, and available through virtually any Maine insurance agency. Contact Noyes Hall & Allen Insurance for a quote. For more myths and facts about flood insurance, download this brochure.