The definition of "flood," as incorporated in a Flood insurance policy and the National Flood Insurance Act of 1968 as amended, was applied to a disputed claim with helpful clarifying effected by the Hawaiian U. S. District Court. A concrete patio slab collapsed after seawater had undermined its sand foundation.
The policy defined "direct loss by flood" as "a general and temporary condition of partial or complete inundation of normally dry land areas from....abnormally high tidal water or rising coastal waters resulting from severe storms, hurricanes or tsunamis." The seawall fronting the property had been laid 18 years previously across and upon underlying old coral ridges and upon the sand that filled the voids between the ridges. The evidence was convincing that the sand that had supported the patio slab was gradually eroded and carried away by the natural movement of the water through the sand-void areas beneath the footing. No evidence of "storms, hurricanes, or tsunamis" was introduced.
The conclusion of the court was that the damage did not result from "flood" as defined in the policy and in the National Flood Insurance Act. Judgment was entered for the insurers.
(Mason Et Al., Plaintiffs. V. National Flood Insurers Association Et Al., Defendants. United State District Court for the District of Hawaii. No. 71-3350. July 13, 1973. CCH 1973 Fire and Casualty Cases 766.)