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The definition of "surface water" and its applicability to flood insurance coverage will be a decision for the Massachusetts Supreme Judicial Court now, as the U.S. Court of Appeals for the First Circuit certified a question for its consideration earlier this week. "Given that interpreting 'surface waters' in the context of water pooled on a roof is determinative of the case and it is not clear from existing case law how the SJC would resolve this issue, we are well within our discretion to order certification," Circuit Judge Lara E. Montecalvo wrote for the three-judge panel.
January 02, 2024, 11:15 PM