What Practitioners Must Know About Flood Exclusion

Law360, New York (September 6, 2011, 2:52 PM EDT) -- Flood claims usually follow storms with heavy rainfall like Hurricane Irene. Some of these claims will include allegations of contributory human conduct, such as negligent design or construction of flood protection structures, or the intentional operation of flood control devices. Does such human activity impact the coverage under a property policy that excludes flood? The analysis starts with the flood exclusion in the policy under review.

A typical flood insurance exclusion provides in part:

PERILS EXCLUDED

This policy does not insure against loss or damage caused...
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