Re: Insurance classification
We need more info but I can likely help as I am deeply entrenched in this industry...are we talking homeowners here? If yes, it's technically a groundwater flood. And most likely a denial from a letter of the law standpoint if you didn't pay extra for a flood insurance endorsement.<br /><br />HOWEVER...<br /><br />The government is forcing insurers in many of these hurricane areas to pay the claims based on "proximate cause" theories. Here's how that works...the damage may have been caused by floodwater, but if it's proven to be a "storm surge", by definition this is floodwater that was caused by high winds pushing the ocean waters inland. Therefore high winds were the proximate cause of the damage, NOT flood. And just about ALL homeowners policies cover wind damage, right?<br /><br />Then again, if the flood was caused by 12 inches of rainwater overflowing creeks/rivers into your home, that's a clear-cut floodwater exclusion denial.<br /><br />And as has been already mentioned, if this water came up through your drains due to overload of the city's storm sewer system OR through your sump pump which failed due to power outage or being overwhelmed, this is where your "backup of sewer" endorsement kicks in (assuming you purchased it.)<br /><br />Again, the government pushes REAL hard against insurers to pay these losses anyway during catastrophic events REGARDLESS of whether you purchased adequate coverage, and the government always wins those arguments. So even if YOU feel your insurer is correct in denying your claim based on technical policy language, the feds might just force your insurer to pay up regardless. BUT YOU GOTTA ASK. Don't just bend over and take their first "no" for an answer.<br /><br />So let us know more details about what you're up against and we might be able to give you some guidance. But whenever in doubt, file a formal complaint with your state's insurance commissioner and let them help you with the legwork. It's free, and far more powerful than any attorney.