The Massachusetts Supreme Judicial Court will now be making the decision on the definition of ‘surface water’ as it applies to flood insurance coverage, as was indicated this week when the U.S. Court of Appeals for the First Circuit certified a question for the state’s high court.
This certification was intiated by a three-judge panel arguing that the Massachusetts Supreme Judicial Court is best suited to apply its law and policy judgments on this yet undecided matter. Importantly, there seems to be a lack of controlling precedent, lending further weight to the importance of the state’s high court’s forthcoming decision.
To get a deeper understanding of this legal development, you can refer to the detailed report outlined in this article.