Suffolk County Courthouse, now the John Adams Courthouse, in Pemberton Square in Boston. (Credit: Biruitorul via Wikimedia Commons) Massachusetts High Court Resolves Definition of 'Surface Waters' in Insurance Dispute Over Flooding Damage
"In sum, we conclude that it is ambiguous whether rainwater accumulation on roofs constitutes 'surface waters' within the meaning of the policies," Associate Justice Scott L. Kafker wrote for the Massachusetts Supreme Judicial Court. "Our conclusion that this language is ambiguous is confirmed by the inconsistency in the case law, which flows naturally from this ambiguity. As we must read any such ambiguity in the policies in favor of the policy holder, we do so in the instant case."
July 26, 2024 at 03:56 PM
5 minute read
Insurance Litigation
The Massachusetts Supreme Judicial Court determined the accumulation of rainwater on a building's roof does not constitute "surface waters" within the context of an insurer's "flood" property insurance policy this week, ending a four-year litigation battle over the interpretation under state law.
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