Is Delmont Borough Insured?

We made a photo presentation at the March 13 meeting of Borough council, documenting intentional sanitary sewer discharges onto our property and into Beaver Run on a nearly unabated basis the week of February 16 through February 25. Our presentation also included photos of erosion and other damages to streams, fields and mature trees on our property as a result of the Borough's excessive direct storm water run-off and of the debris left behind.

During the "personnel/insurance committee" portion of the meeting, I asked if the Borough carried insurance coverage for the types of damages being perpetrated on our property. Borough solicitor Daniel J. Hewitt said he "would look into it" and requested a copy of our photo presentation to provide to an insurance claims adjuster.

Here is Mr. Hewitt's communication to us with regard to insurance:

Here is our response to Mr. Hewitt's letter:

Most insurance policies carry a clause specifically excluding coverage for claims or suits that arise from the intentional commission of illegal acts by the insured. This applies both to Public Officials Errors & Omissions policies and General Liability policies.

The Borough's acts in violation of state and federal law (the PA Clean Streams Law and the US Clean Streams Act) are not merely intentional, they are flagrant and deliberate. And Mr. Hewitt fully articulates in his letter that it is the Borough's intent that the illegal acts shall continue. 

Additionally, most general liability policies carry exclusionary clauses for what is termed as "known injury or damage" or as "loss in progress." Insureds must not know, prior to a policy period, that damage has occurred or is occurring. Coverage ceases for all subsequent policies once the insured learns of continuing damage.

Mr. Hewitt has documented in his letter both certain knowledge of damage resultant from the discharges (in fact we can document that Borough officials have known of these matters for many years) and that it is Borough council’s intention that perpetuation of damage shall continue. 

The Borough's silence in response to our March 23, 2018, order to cease and desist its illegal activity with regard to our property further confirms that Borough council has actively, presently and intentionally determined that the illegal acts shall continue and that damage to property shall persist.

These intentional illegal acts are being perpetrated by elected Borough officials on behalf of Delmont Borough residents.

What does all this mean? It appears that Delmont Borough officials have put Delmont Borough residents at great financial risk.