Valley Forge Insurance Co. v. Hicks Thomas & Lilienstern, L.L.P

In Valley Forge Insurance Co. v. Hicks Thomas & Lilienstern, L.L.P.,174 S.W.3d 254 (Tex. App.--Houston 1st Dist. 2004, pet. denied), the Court determined that water which flowed from the surface through pedestrian tunnels and other manmade structures before flooding the insured's premises did not lose its character as surface water. See Valley Forge, 174 S.W.3d at 258. The Court explained, "Surface water is generally defined as that which is derived from falling rain . . . and is diffused over the surface of the ground. . . . Such waters are not divested of their character as surface waters by reason of their flowing from the land on which they first make their appearance onto lower land in obedience to the law of gravity." Id. The Court held that the insured's claim was excluded under a surface-water exclusion, similar to the one in this case. Id. at 258-59.