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Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”

Posted on August 1, 2024 by Joshua Tumen

In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Judicial Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in commercial property insurance policies, was ambiguous in the context of rainwater accumulating on roofs, thereby finding coverage for the insured. About The Author

Tagged with: catastrophe, property damage, property insurance, surface water, water damage
Posted in Uncategorized

For more than five decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.

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