The Third Circuit affirmed the granting summary judgment to the insurer over a dispute as to debris removal under a Standard Flood Insurance Policy (SFIP). Torre v. Liberty Mut. Fire Ins. Co., 2015 U.S. App. LEXIS 4902 (3rd Cir. March 26, 2015).

   The Torres' property sustained substantial damage from Hurricane Sandy. Claims for flood damage were submitted to Liberty. Liberty paid a total of $235,751.68, which included the cost of removing debris from the house. An additional $15,520 for the cost of removing sand and other debris deposited on their land in front of and behind the Torres' home was denied on the grounds that the SFIP did not cover such removal. 

   The Torres filed suit and cross-motions for summary judgment were filed. The district court denied the Torres' motion and granted Liberty's motion. 

   The sole issue on appeal was whether the SFIP covered expenses for removing debris not owned by the Torres from their land outside their house. The debris-removal provision stated that "[w]e will pay the expense to remove non-owned debris that is on or in insured property and debris of insured property anywhere." The Torres argued that "insured property" meant not only the specific structures and items of property that were insured by the SFIP (such as their house), but their entire parcel of land. Liberty argued that "insured property" meant only the property insured under the SFIP and that the SFIP did not cover land. 

   The SFIP did not define the term "insured property." Nevertheless, Liberty's understanding of the term was the only reasonable one. Coverage A under the policy provided coverage for damage to a dwelling and other specified structures as well as various items of property associated with those structures. In a section entitled "Property Not Covered," land, land values, lawns, trees, shrubs, plants, or growing crops were listed. Elsewhere, portions of walks, walkways, decks driveways, patios and other surfaces, located outside the perimeter, exterior wall of the insured building were also not covered. 

   Therefore, the SFIP provided coverage for certain structures and other items of property but not for an entire parcel of land. The entire parcel of land could not constitute "insured property" because it was not insured by the SFIP. And because the entire parcel of land did not constitute "insured property," the provision of the SFIP requiring Liberty to pay for the removal of non-owned debris that is "on or in insured property" did not apply to removal of non-owned debris removed by the Torres from their land outside their home.  

   The Torres petitioned for rehearing from the Third Circuit on April 8, 2015.