We currently have two claims where, during heavy rains, water fell from the roof-line right next to the building. In one claim, the water went into a window well before leaking into the structure. FC&S has two scenarios that seem to contradict each other. We are looking to clarify whether or not falling rain is surface water. On situation says rain falling into a window well is not surface water, and anther says that water that puddles from a storm is surface water. Please clarify.

Ohio Subscriber

Water is always tricky. The difference between the two situations is that the window well is a container, and holds the water. That water is not freely moving over the surface of the ground. Surface water is water that moves freely over the surface of the ground and is not within a confined space. The water in a window well is confined. Water that leaks from the window well into the building is not surface water. Water that falls into puddles that then spread and flow into the building is surface water.