"Most policies cover over flow sudden and accidental-at least that is what I understand!"
The typical wording for that coverage is:
"Accidental Discharge Or Overflow Of Water Or Steam. This peril means accidental discharge or overflow of water or steam from within a plumbing, heating, air conditioning or auto-matic fire protective sprinkler system or from within a household appliance."
The typical water damage exclusion says:
"Water or water-borne material which backs up through sewers or drains or which overflows or is discharged from a sump, sump pump or related equipment"
If the toothbrush caused the overflow by preventing solid waste matter from being flushed, then there would be no coverage.
If a malfunction of the toilet mechanism occurred there would be coverage.
As to who is responsible, the unfortunate consequences of being a landlord is that the landlord often gets stuck with the bill no matter who is responsible. Been there many times while owning rentals for 20 years. It happens.
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