Our insured's rental dwelling is covered under form DP 00 03 12 02. During a recent storm, four inches of rain fell in a short time. The eaves trough separated from the home, and so most of the rain hitting the roof went down into a window well. Due to the extra water, the basement wall collapsed.

The insurer denied the claim, citing general exclusion 1.a. This exclusion eliminates damage caused by flood, surface water, and water below the surface of the ground.

We contend that if the eaves trough had not separated, the water would have been diverted and, thus, would not have caused the problem. What are your thoughts?

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