Home’s Lower Level is “Basement” Under Terms of SFIP’ s Exclusion, 1st Cir. Affirms

BOSTON — The lower level of a home qualifies as a “basement” for purposes of a Standard Flood Insurance Policy and is therefore excluded from coverage for damages caused by flash flooding, the 1st Circuit U.S. Court of Appeals has affirmed.

In an April 1 opinion, the appellate court explained that ruling the proper measuring point is the top of a concrete apron that leads from outside to the lower level of the house and, as such, the lower level is a “basement” under the policy.

Jacob Matusevich obtained an SFIP from Middlesex Mutual Assurance Co. pursuant to the National …