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Summary: A standard feature of property insurance forms is the exclusion of various categories of loss associated with water. The water exclusion clause in the commercial property program (Insurance Services Office forms CP 10 10 10 12, CP 10 20 10 12, and CP 10 30 10 12 and in the ISO homeowners policy excludes loss caused by flood, surface water, water that backs up from a sewer or drain, and water under the ground surface. Though the exclusionary language is quite broad, disputes continue to arise when the language is applied to particular loss situations. The controversies created by differing views have led to several court decisions that are discussed in this article. Although some of the cases cited in this article are old, all have been verified as being valid case law.

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