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League warns sewer-backup coverage depends on negligence; no-fault option exists but may not be cost-effective
Summary
Matt Becker told the council sewer-backup claims fall to municipal coverage only when the city is negligent and noted Wisconsin discretionary-immunity case law; he said a 'no-fault sewer' product can remove liability determinations but said it is likely not cost-effective for a city of Oshkosh's size, and advised homeowners to consider adding backup coverage.
Council members asked the League about sewer-backup claims and whether the city can be held liable when basements flood.
Matt Becker said the League's policy "provides coverage for sewer backups if if you're found negligent." He described Wisconsin case law as providing strong protections for municipalities under the discretionary-immunity doctrine: unless a ministerial duty (a clearly defined, non-discretionary…
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