Divided Court Finds No Coverage for Moisture Damage to Exterior Wall

BOSTON - A divided Massachusetts appellate court has affirmed judgment for an insurer that relied on an exclusion for surface water to deny coverage for moisture damage to sills and other components of an exterior wall. Boazova v. Safety Insurance Co., No. 09-P-189 (Mass. Ct. App.).

Two justices dissented from the majority's Dec. 16 opinion, saying an endorsement expressly provided coverage for wet or dry rot, thus creating an ambiguity that should have been resolved in favor of the insured.

Ella Boazova sought coverage from Safety Insurance Co. after discovering the exterior wall problems while renovating her kitchen.

Boazova said …