News & Analysis as of

Property Damage Surface Water

Cozen O'Connor

Court Addresses Whether Rainwater Accumulation on Roof Constituted “Surface Water”

Cozen O'Connor on

In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in a...more

Nossaman LLP

Court Provides Further Clarification on Inverse Condemnation Liability

Nossaman LLP on

We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Artificial Diversion of Water/Property Damage: New York Appellate Court Considers Whether Nuisance/Trespass Claims are Time-Barred

The New York Supreme Court (Appellate Division) addressed a procedural issue associated with an action seeking damages and injunctive relief involving allegations that defendants were responsible for property damage as a...more

Butler Weihmuller Katz Craig LLP

Pennsylvania Superior Court adopts narrow interpretations of surface water exclusion and ensuing loss clause

In the Ridgewood Group LLC v Millers Capital Insurance Company, No. 1138 EDA 2016, February 27, 2017, the Superior Court of Pennsylvania analyzed two often troublesome policy provisions, the surface water exclusion and the...more

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