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by the sewage, the plaintiff loss would still be governed by the exclusion because it was Nike Air Force Black And White Low the water backup through the sewer line that was the vehicle by which the damaging agent, the sewage, permeated Pink Air Force 1
2000); Rodin v. State Farm Fire Cas. Ct. App. 1992); and Capeluto v. Valley Forge Ins. Co. , 98 Wash. App. 7, 16 18 (1999). A contrary result was reached in Florida Farm Bureau Federation Nike Air Force Black
v. Birge, 659 So. 2d 310 (Fla. App. 2 Dist. 1994), a per curiam decision devoid of detailed analysis (except for that contained in the able dissenting opinion filed by one member of the three judge panel. ) Like other courts (Newberg, supra at 760 n. 3; Capeluto, supra at 17), we decline to follow its lead. Some mean spirited pranksters tried to dupe readers into believing we lost Axl .
the basement and its furnishings. The water was thus at least a contributing cause of the loss, the whole of which, by the terms of the exclusion, was exempted from coverage. Cases in other jurisdictions reaching the same conclusion include Silow v. State Farm Ins. Dist, Ct. , No. Civ. Pa. Dec. 20, 1994); Newberg v. Ct. App.
nship in Kialua Kona, Hawaii. Panama City, Fla. , and Louisville, Ky. , also host Ironman races, but their proximity shouldn't affect the ability to attract athletes to South Caroilna, chamber spokeswoman Charlie Clark said. Most competitor spots for the races sell out within minutes of opening, according to Ironman. The Hilton Head Island Bluffton chamber would not need a vote of approval from Hilton Head Town Council to submit the application. Both Hilton Head and Myrtle Beach might need to provide law enforcement, EMS and waste management for the race. The plaintiff sought payment under his homeowner policy for property damage to his finished basement and its furnishings caused by a two foot flood of water borne raw sewage that had backed up through a basement toilet during heavy rains. The defendant, issuer of the policy, denied coverage under a policy exclusion that reads:do not pay for loss if one or more of the following exclusions apply to the loss, regardless of other causes or events that contribute to or aggravate the loss. . . . 7. Water Damage We do not pay for loss which results, from the following: . . . b. water which backs up through sewers or drains. . . .
is not pure tap water or rain water, but only water that backs up from sewers (or drains). By common usage as well as by lexical definition, implies waste borne in water. . . an artificial usu. subterranean conduit to carry off water and waste matter [as surface water from rainfall, household waste from sinks or baths, or waste water from industrial works] See also Oxford English Dictionary 2756 (Compact ed. 1971). Both dictionaries track the etymology of sewage through the middle French meaning to drain, from the Vulgate Latin and from the Latin aqua. Even if, contrary to the lexical definition, we were to differentiate between the sewer water and the sewage carried in it, and to accept the plaintiff contention that the damage to his basement was caused exclusively Nike Air Force Black And Yellow
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