The textbook definitions
Flood (excluded under HO-3)
- Rising surface water from any source
- Storm surge from hurricanes
- River, lake, or coastal overflow
- Inland flooding from rainfall accumulation on ground
Water damage (typically covered)
- Plumbing failures (pipe burst, supply line, drain)
- Appliance discharge (washer, dishwasher, ice maker, toilet)
- Roof leaks from wind-created openings
- Wind-driven rain through damaged openings
- HVAC condensate overflow
Where carriers blur the line
- Wind-driven rain characterized as "flooding" because water accumulated on the floor
- Plumbing failure attributed to rising groundwater
- Roof leak + ground water both present: attributed entirely to flood
- Storm surge water + wind-driven rain: attributed to surge
Florida case law and agency guidance
Florida courts have repeatedly distinguished between:
- Water from above (covered if from a covered peril)
- Water from below / rising surface water (flood, excluded)
For mixed-cause events, the concurrent-causation doctrine applies: covered and excluded perils can be separately apportioned where the anti-concurrent causation clause doesn't apply.
How to document water vs. flood
- Source tracing: where did the water come from?
- Flow direction: ceiling down (leak) vs. floor up (flood)
- Timing: sudden leak vs. gradual rise
- Weather data: rainfall vs. storm surge levels
- NOAA data for the specific location
- Neighbor reports: did surrounding properties flood?
When both apply
Concurrent-cause losses (hurricane with both wind-driven rain through roof + storm surge at ground level):
- Wind-driven rain damage covered under HO-3
- Storm surge damage covered under NFIP / flood policy
- Document which damage came from which source
Anti-concurrent causation clauses (common in Florida policies post-Andrew) may complicate this: read the policy.
Practical approach
- Take photos showing water flow direction on day of loss
- Identify the specific source of each water area
- Document the peril (wind-created opening, pipe burst, etc.)
- Separate flood-source damage from other-source damage
- Dispute blanket "flood" denials with specific-source evidence