We believe the insurer is misreading the exclusion. This was certainly not the overflow of a body of water; nor was it flood, surface water, nor water beneath the surface of the ground. That exclusion refers to water damage that would be covered by the flood policy. In fact, the flood policy (dwelling form POL 3, Dec. 31, 200 ed) says that "flood" means, among other things, "collapse or subsidence of land along the shore of a lake or similar body of water…" Common English usage denotes a body of water as a lake, pond, stream, river, ocean, sea, or even a reservoir. The expression would never be used to refer to water coming off a roof. Indeed, Webster's Collegiate Dictionary (Tenth Edition) states that in this instance body refers to "a mass of matter distinct from other masses (a body of water)…."

 In the described loss, a severe windstorm caused the tree to damage the roof and eaves trough which in turn caused the water to go into the basement well. "Surface water" is water derived from falling rain or melting snow which follows no direct course and meanders across the ground; the water here never actually touched the ground at all. It went directly into the well and then into the basement. For this same reason, it was not water beneath the surface of the ground seeping into the foundation.

 The water damage loss is covered.