June 8, 2015

A commercial endorsement defines “flood” as follows:

A general and temporary condition of partial or complete inundation of two or more acres of normally dry land or of two or more properties (at least one of which is your property ) from

b. Unusual or rapid accumulation or runoff of surface waters from any source

Insured had building water intrusion from surface runoff of less than two acres of water inundation of normally dry land, but another property not adjacent or contiguous—not directly connecting or neighboring but several properties away from insured—also sustained dwelling loss by runoff of water from the same storm. To qualify as flood, do the two properties that sustain damage need to be connected properties or directly next to each other?

Texas Subscriber

Unfortunately, the definition does not make it clear whether the properties must be connected. Our inclination is that they do not need to be adjacent because the definition does not say so. However, that leaves a lot up to interpretation, such as how far away can two properties be to qualify?

We contacted the Federal Emergency Management Agency (FEMA) for clarification, and they said, “The two or more properties and/or acres referenced in the definition of a 'flood' must be neighboring (contiguous) properties. The properties/acres may not be separated.”

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