Surface Water

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Property in 60 Seconds: Massachusetts Supreme Court Addresses Surface Water

On July 23, 2024, the Massachusetts Supreme Judicial Court held that an accumulation of rainwater on a roof is not considered “surface water.”  Regarding a flood sublimit in a commercial policy, the policyholder argued that surface water only included water that reaches the surface of the earth.  In contrast, the insurer argued that the term …

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PROPERTY IN 60 SECONDS: SURFACE WATER EXCLUSIONS

In the wake of Hurricane Ida, please consider this reminder about the application of the Surface Water Exclusion in Pennsylvania and New Jersey.  Pennsylvania Pennsylvania courts recognize the enforceability of the Surface Water Exclusion and have long understood “surface water” as an unambiguous term meaning “waters on the surface of the ground, usually created by …

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