Kannatt v. Valley Forge Insurance

The plaintiffs’ basement was flooded after a heavy rainstorm. Their homeowner’s insurance policy, issued by the defendant, contained an exclusion for "loss caused directly or indirectly by * * * flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these, whether or not driven by wind”. In support of its motion for summary judgment, the defendant established that the loss was caused by surface water flowing down the incline of the backyard into the basement through the bottom of the basement door. Thus, *565the defendant proved that an excluded peril was the…