Mass. High Court: ‘Surface Water’ Meaning Is Ambiguous As To Rainwater Accumulation

Mealey's (July 24, 2024, 9:07 AM EDT) -- BOSTON — Answering a question from the First Circuit U.S. Court of Appeals, the Massachusetts Supreme Judicial Court concluded July 23 that rainwater that lands and accumulates on an insured hospital building’s second-floor outdoor rooftop courtyard or its parapet roof does not unambiguously constitute “surface waters” under Massachusetts law pursuant to the commercial insurance policy, resolving the ambiguity in favor of the insured in a water damage coverage dispute....