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RAC customer loses claim dispute over sewage spill

An RAC Insurance customer who made an unsuccessful claim for repairs to his residential property’s blocked sewage pipes has failed in his dispute with the insurer.

The Australian Financial Complaints Authority (AFCA) says the insurer is entitled to decline the claim as the repair cost was caused by an event that is not covered by the terms of the building and contents insurance policy.

The customer had lodged the claim in October last year, less than two months after he took up the policy, after two toilets in his home were blocked and he had to call in a plumber.

The plumber, identified as TV in the AFCA ruling, managed to get the drain slowly moving after hours of jetting the pipe but it was soon discovered sewerage was spilling out over the rear of the property.

An investigation the next day by TV found the sewer line severely blocked and affected by tree roots from the neighbour’s tree, which was above the sewer junction.

Details in the AFCA ruling say the plumber confirmed there was no other alternative but to dig out the areas affected, remove the roots and the tree, and to replace approximately six meters of the sewer pipe.

He carried out the works and also reinstated the surrounding ground and disinfected the yard, billing the customer $6311.25 for the six days he spent doing the repairs.

The customer says the sewerage in the backyard is covered by his policy but AFCA disagreed.

AFCA says tree root blockage is not an insured event under the terms of the policy and there is no information to show the problem was the resultant damage of any of the insured events listed in the policy.

While the policy does cover for impact by a falling tree or tree branch, AFCA says it does not consider this applicable to tree roots which have not fallen in any way.

“Even if I did accept the tree roots had impacted the pipes, as intended by the policy cover, this occurred before the policy period,” the AFCA determination said.

Click here for the ruling.