Valve Claim Fails In Building Owner's Coverage Suit

Law360, New York (October 1, 2010, 4:53 PM EDT) -- A state judge has ruled that a flood exclusion barred insurance coverage for the owner of a Massachusetts commercial building despite his claims that the damage was actually caused by authorities relieving pressure on a dam.

Judge David A. Lowy issued a ruling granting summary judgment to the carrier, Pacific Insurance Co., on Tuesday in Massachusetts' Essex County Superior Court, saying that the exclusion undoubtedly applied given that “a natural flood preceded and consequently resulted in a deliberate decision to open the flood valve.”

“The actions...
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