Cardio Diagnostic Imaging, Inc. v. Farmers Ins. Exchange

In Cardio Diagnostic Imaging, Inc. v. Farmers Ins. Exchange (2012) 212 Cal.App.4th 69, the court construed a policy that excluded any "'loss or damage caused directly or indirectly by . . . water that backs up or overflows from a sewer, drain or sump.'" (Id. at p. 71.) The insured's business premises and property were extensively damaged when water overflowed from a toilet in an upstairs suite, eventually flooding the insured's suite. (Id. at pp. 71-72.) An investigation revealed that a sewer line blockage caused the water in the toilet to overflow. (Id. at p. 72.) Farmers denied coverage based upon the policy exclusion. (Ibid.) The insured argued the policy exclusion did not apply because the term "'backs up or overflows from'" means that water "must come out of the sewer or drain" and does not include water unable to proceed down an interior drain. (Cardio Diagnostic, supra, 212 Cal.App.4th at p. 74.) The court rejected the argument, noting the insured had focused solely on the meaning of "backs up" in the exclusion and not on the meaning of "overflows." (Id. at pp. 74-75.) In making this distinction, the court cited out-of-state and federal case law that the insured relied on to highlight that the cited cases addressed policy exclusions construing "backs up," not "'backs up or overflows.'" (Id. at p. 75.) In these cases, water that "backs up" from a sewer was construed to mean water that is checked by an obstruction and cannot flow in its usual direction.(Ibid.) This is consistent with California case law interpreting the term "backs up" in an insurance policy exclusion. (See Penn-America Ins. Co. v. Mike's Tailoring, supra, 125 Cal.App.4th at pp. 892-893.) The Cardio Diagnostic court noted that a layperson would understand the term "backs up" as used in the policy exclusion to mean "water that comes up out of a sewer, drain, or sump," and the term "overflows" to mean water that spills over from a sewer, drain, or sump due to a blockage. (Cardio Diagnostic, supra, 212 Cal.App.4th at p. 76.)