Tag Archives: surface water

The Water Exclusion: New York’s Fourth Department Interprets The Definition of Surface Water

The “Water Damage” exclusion incorporated in many property insurance policies is the subject of much litigation, including the scope and applicability of the “surface water” exclusion to various water damage scenarios. The New York Appellate Division, Fourth Department recently interpreted the application of the “surface water” exclusion where the source of water was not from … Continue Reading

Surface Water Exclusion Applicable to Sewer and Drain Backup Based on Anti-Concurrent Causation Clause, According to Massachusetts Supreme Judicial Court

For the second time in two months, the Massachusetts Supreme Judicial Court was called upon to decide whether or not property damage was covered when the damage resulted from a combination of a covered peril and an excluded peril. Once again, the court upheld the policy’s enforceable anti-concurrent causation language, finding that coverage was precluded. … Continue Reading

Massachusetts High Court Enforces Surface Water Exclusion In Light of Anti-Concurrent Causation Provision

The Massachusetts Supreme Judicial Court recently considered the interplay between “hidden seepage” coverage, and a “surface water” exclusion, holding that the policy’s enforceable anti-concurrent causation language made all the difference in the court’s conclusion that a loss caused by surface water seeping into a structure was excluded. In Boazova v. Safety Insurance Company, Docket No. SJC-10908, … Continue Reading
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