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Presenter tells Oshkosh council sewer backups are covered only when city negligence is found
Summary
The League Insurance presenter told the council that sewer‑backup claims are covered under the city's policy only if the city is found negligent, citing Wisconsin discretionary‑immunity case law; he described a 'no‑fault sewer' product but said it is usually cost‑prohibitive for a city of Oshkosh's size and recommended homeowners consider endorsements.
The council asked about sewer backup claims and whether the League routinely pays such losses. Matt Becker said the League's policy "provides coverage for sewer backups if if you're found negligent," and that Wisconsin case law gives municipalities strong discretionary‑immunity protections unless a ministerial duty was breached.
Becker described the legal difficulty for residents who allege a sewer backup: courts often protect municipalities unless a clear negligent act or failure to perform a ministerial duty can be shown. He said the League does offer a 'no‑fault sewer' product that removes a liability determination and provides coverage, but added that for a city Oshkosh's size the math often does not favor such a program because of claim volume.
Becker recommended that homeowners consider a sewer‑backup endorsement on their homeowner policy (commonly available through independent agents and often offering limits in the low‑thousands to mid‑five‑figures depending on the policy). He said the League can provide citizens information on common causes and prevention steps and that the city could design an internal program, but cautioned about administrative burden and even‑handedness if assistance is offered.
No formal policy change or program adoption was made during the meeting; Becker offered materials for staff to review.
The discussion concluded and the council moved on to its next meeting.
