Would Excavators insurance cover our damaged well?

Question

A few months ago we had some excavation work done by a licensed and insured excavator in our back yard near the well about 15 feet or so. He removed a lot of ledge and tree stumps and buried them to level yard. With in a week we got a terrible odor and bacteria. We have treated the well twice and the bacteria keeps returning w/ awful smells and our water tests are all over the place. We had great drinking water prior to work done. Because the bacteria has returned once again the well may be damaged and we are looking into that now. If the well is damaged does his insurance cover our damages? How do we find out???

Answer 1

His insurance should cover any damages he caused.  However, you will need to show that he actually DID cause the damage, if it exists.

Right now, all you have is the fact that your well seemed to go bad shortly after the excavation work was done.  That's not sufficient proof.  You will somehow need to show that his mechanical actions caused this situation.  It won't be easy.

Answer 2

His insurance will cover any damage HE CAUSED.  It's up to you to find out what the problem is, and prove he caused it. His insurance isn't going to pay to investigate this, they'll pay to defend if you sue him, and the cause of loss is covered under his policy terms.

But it sounds like you've got a dead animal in there.   Which wouldn't be his fault.