Massachusetts Supreme Judicial Court Clarifies Insurance Policy Ambiguity on Roof Water Accumulation

The Massachusetts Supreme Judicial Court has recently addressed a critical issue regarding the definition of ‘surface waters’ in insurance policies related to flooding damage. The crux of the dispute was whether rainwater accumulating on roofs could be classified as ‘surface waters’ under the terms of these policies. Associate Justice Scott L. Kafker, writing for the court, indicated that such language in the insurance agreements is ambiguous. He stated, “In sum, we conclude that it is ambiguous whether rainwater accumulation on roofs constitutes ‘surface waters’ within the meaning of the policies.” Further, this ambiguity is further demonstrated by the variability in existing case law. Consequently, the court concluded that any ambiguity in the policies should be interpreted in favor of the policyholder. This decision aims to provide clarity for future cases involving similar disputes over insurance claims related to flooding damages. For more details, please visit the original article.