FILING A CLAIM
If you believe you have suffered damage to your home or belongings because of a sewer backup caused by a lack of capacity in the public sewer system, you may file a claim with the SBU program.
Sewer backups must be reported within 24 hours of discovery to be potentially eligible for compensation under the SBU Claims Process. Please note that not all sewer backups are eligible for reimbursement. Please be advised that your claim must be received by MSD no later than two years after the date of your sewer backup.
Download the MSD Claim Form
Please note: Given the high volume of claims coming in related to the August 28, 2016 rainstorm, MSD cannot guarantee reimbursement within 60 days, as noted on the claim form.
WHAT IS GENERALLY REIMBURSED BY THE SBU PROGRAM
Under the SBU program, MSD has historically provided reimbursement for the following types of expenses:
- Loss of personal property (e.g., furniture, miscellaneous storage items, appliances). MSD reimburses for current (depreciated) value of damaged personal property.
- Structural damage to the interior of the property (e.g., flooring, dry wall, furnace/AC, hot water heater, electrical).MSD is reimbursing for the full, reasonable replacement value for structural damage, including critical mechanicals.
- Out-of-pocket expenses incurred to hire a professional cleanup contractor.
Our reimbursement policies are based on criteria established by our Consent Decree and guidance from the U.S. District Court for the Southern District of Ohio ("Federal Court").
Property owners and tenants can submit a claim for any damages they feel they have incurred as a result of the sewer backup. However, certain items may be denied based on the criteria established by the Consent Decree and Federal Court.
Through a Review Process (outlined below), the claimant can request that a magistrate judge review the settlement offer and make a final determination.
Alternatively, anyone affected by a sewer backup has the option of pursuing his or her claim through the standard legal process rather than through the SBU claims process. He or she may file in the Hamilton County Municipal Court or the Court of Common Pleas.
USING YOUR PRIVATE INSURANCE FIRST
Ohio law requires MSD to deduct any benefits a property owner or renter is entitled to receive through private insurance from an SBU claim for personal property damage, structural damage, etc.
If you have homeowner or renter insurance coverage that applies to sewer backups or floods, you should contact your insurance company immediately to report the incident and get instructions for filing a claim. If you are not sure whether you have this coverage, please contact your insurance agent.
If you need supporting information from MSD to file with your insurance claim, such as copies of photos or lists of your damaged property, you can obtain them by calling MSD Claims Assistance at (513) 244-5100.
If you file a claim with your insurance company, MSD will cover the deductible and eligible damages above the insurance limit, provided the sewer backup is eligible for reimbursement.
Some customers prefer not to file a claim with their insurance company. Please note you are NOT required to file a claim, but if it is determined that you are eligible for payment of damages by MSD, the amount that MSD will pay you will NOT include any amount that your insurance would have paid.
STEPS IN THE CLAIMS PROCESS
There are multiple steps (10 to be exact) in the MSD claims process for the rain event of August 28, 2016. Some of the steps are fairly simple and short, while others can take some time. At this time, due to the volume of claims being received, MSD cannot guarantee reimbursement within 60 days.
Steps 1-3: These steps are basically administrative and focus on receiving/scanning the claim into our database, MSD technical evaluation and assignment to a Tenco claims adjuster.
Step 4: Tenco is only responsible for one step, Step 4, the proposed settlement. Most of the claims that have been submitted to MSD are currently at Step 4. The length of time a claim spends in Step 4 is determined by the complexity of the claim and whether all the needed documentation is included (insurance info, etc.). Once the Tenco claims adjuster has completed its proposed settlement (which is the amount to be reimbursed), it goes to Tenco management for review.
Step 5: Once Tenco has completed its review, the proposed settlement is sent to MSD for legal review.
Step 6: Once MSD legal has approved the settlement, a letter containing the settlement offer and release is sent to the claimant. If the claimant is in agreement with the settlement offer, he/she signs the release and returns it to MSD. If the claimant is not in agreement with the settlement offer, he or she may further discuss the amount with MSD or pursue the Review Process – see below for steps.
Steps 7-10: The rest of the steps are related to MSD receiving the signed release, requesting a settlement check, receiving a settlement check and mailing the check to the claimant. It takes 7-10 business days for MSD to process and receive a settlement check once the release is received. MSD will mail the settlement check upon receipt.
Review Process: If you are not in agreement with the settlement offer from MSD, you can request a review with the Federal Court. This process is as follows: In accordance with an order in the Consent Decree case, Federal District Court case # C-1-02-107, you may file a Request for Review with the Federal Court in Cincinnati, Ohio. You should file your Request within 90 days with the Clerk’s Office of the Federal Court located in the Potter Stewart U.S. Courthouse, Room 103, 100 East 5th Street, Cincinnati, Ohio 45202. You may call the court-appointed Ombudsman, the Legal Aid Society, at (513) 362-2801 for further information.
ASSISTANCE WITH CLAIMS
If you have general questions about the claims process, please call MSD Claims Assistance at (513) 244-5100.
If you are not satisfied with the decision on your claim, you can call the SBU Ombudsman with the Legal Aid Society of Greater Cincinnati at (513) 362-2801.