Where the insurance contract defines floods as occurring on normally dry land, the flood exclusion does not encompass boats damaged in harbor; given that plaintiff introduced evidence that the boats were not damaged by the change in water level, summary judgment for the plaintiff was appropriate.
Exclusions drafted within coverage provisions are addressed under the shifting burdens standard of state law; the plaintiff is not required to establish that the exclusion does not apply when establishing coverage.
Agreement reached between parties after summary judgment placing fault for damage on the acts of a third party while liquidating the remaining damages did not undo the grant of summary judgment.