Rain water pouring from a roof gutter onto the ground is "surface water" and subject to a policy's flood and surface water exclusion.

A flood and surface water exclusion precluded a school from receiving coverage for water damage to a gymnasium when rain water poured from a roof gutter and onto the ground. The court cited the Third Circuit, which held that, in construing Pennsylvania law, once rainwater hits the ground, it is no longer rain but is characterized as surface water. As such, the exclusion for damage caused by surface water applied.

Case Law Alerts, 3rd Quarter 2013