PUBLIC NOTICE: Municipal Liability Insurance Claims

Posted On Tuesday October 12, 2021

MUNICIPAL LIABILITY INSURANCE CLAIMS

Section 744 of the Local Government Act states that municipalities are not liable in any action based on nuisance where the damages arise, directly or indirectly, out of the breakdown or malfunction of a sewer system, a water or drainage facility or system, or a dike or a road.  Nuisance actions are defined as instances in which a home is damaged as a result of a sewer, drainage or water system, or roadway or dike, breaking down and malfunctioning. For instance, it could be a basement covered by several inches of water stemming from a drainage system being jammed by someone dumping garbage into a municipal ditch, or it may be a home filled with backed up sewage.

 

Residents are cautioned to take steps to protect their property and are strongly urged to review their insurance policy with their individual brokers to ensure adequate coverage in the event of a nuisance claim.

                                               

Warren Waycheshen
Chief Administrative Officer

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