Jackson v. American Mutual Fire Insurance Co‪.‬

A homeowners policy was issued to Mae M. Jackson by the American Mutual Fire Insurance Company, among the terms of which she was insured against loss to her property, in the Town of Robbins, North Carolina, by ""explosion"" or by ""accidental discharge, leakage or overflow of water or steam from within a plumbing, heating, or air conditioning system or domestic appliance"". After a heavy rainfall on February 15, 1966, while the insurance was in effect, sewage from the municipal sewerage system backed up into the plaintiff's dwellinghouse, through her private sewer line, and seriously damaged her property. In the insured's suit against the company, after it declined to indemnify her, the insurer pleaded the policy's clause excluding from coverage ""loss caused by, resulting from, contributed to or aggravated by * * * water which backs up through sewers or drains"".