Expect Arnold Sewer Claims to be Denied

Residents with sewage backing into their homes should expect the city’s non-profit insurer to challenge any damage claims filed.

Ray Lentz, a director for Arnold’s insurer the Missouri Intergovernmental Risk Management Association, or MIRMA, said recent case law has led to the policy change. Lentz spoke to city councilmen during the Council Work Session at on March 8.

“Unless the city is derelict in its maintenance, negligent or positively affecting (the blockage), we will likely deny the claim,” Lentz said.

Unlike six years ago, MIRMA would pay any claim that showed a natural blockage in the city’s main sewer pipe caused the sewage backup.

The change is due to Missouri case law and determining whether the city had an effective sewer maintenance program.

MIRMA would likely pay a claim where the blockage was caused by grease or roots because, Lentz said, because those occur due to poor sewer maintenance. And it would will likely pay claims due to unknown blockages, sewer collapses or breaks, Lentz said.

MIRMA had no automatic policy regarding any claims, Lentz said “That doesn’t mean we’ll deny every sewer claim,” Lentz said, “we do take each claim on its merits and investigate all the causes.”

Defining an Effective Maintenance Program

Arnold Public Works Director Bryson Baker said, Arnold public works employees inspect and clear every sewer line annually and visit problem areas twice a year.

“That’s what we’re required to do with advice from MIRMA,” Baker said in response to a question from City Administrator Matt Unrein.

Advice to Angry Residents

Ward 2 Councilman Bill Moritz said, how are elected officials supposed to help residents with sewage in their homes.

Lentz said councilmen should say that the city will investigate the claim and that residents should call their homeowner’s insurance agent. “That’s why people should have homeowner’s insurance.”

Lentz also said, to Ward 2 Councilman Jeff Fitter, that he is the person who determines whether the city is liable for any sewer blockage and whether MIRMA will pay aclaim.

Fitter said he was concerned about people without a legal education determining liability.

“That’s the way every insurance company operates, with adjusters and claims supervisors,” Lentz said.

Homeowners who disagree with MIRMA’s decisions can take their issue to the courts, Lentz said.