Falling rain—regardless of how heavily it falls—is not flood or surface water. Neither is it backing up through sewers or drains; nor is it below the surface of the ground. Each of these terms has a specific meaning; each meaning sharply different from falling rain. In this case, the rain collected in the window well and thus never became surface water. Once falling rain reaches the ground, it may become surface water (run-off of melting snow or rain that meanders over the surface of the ground) or water below the surface of the ground; however, in this case, it never reached the ground or ran off, but went straight from the roof into the window well.

Since the DP 00 03 is an open perils form, the loss must be specifically excluded. Only certain causes of water damage are excluded, and "falling rain" is not one of them.

The exclusion cited does not apply in this case and the loss should be paid.