We recently had a severe storm with high winds and much rain. A tree fell onto our insured's dwelling (he is insured on a standard ISO HO 00 03) with such force that it damaged the eaves trough and soffit. In fact, the eaves damage resulted in a change in pitch, and so water that normally would have drained off the roof fell instead into the basement window well, and on into the insured's finished basement.

The insurer denied coverage for the water damage, citing exclusion 3. c. water damage, meaning "flood, surface water, waves, tidal water, overflow of a body of water, etc." The adjuster said in the denial that the water coming off the roof was "overflow of a body of water" from the surface of the roof.

We disagree with this interpretation, and would like your thoughts.

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