Policy’s Water Exclusion Precludes Insureds’ Damage, Federal Judge Concludes
Mealey's (February 11, 2016, 11:03 AM EST) -- PHILADELPHIA — An insurance policy’s water exclusion bars coverage for an insureds’ water damage because “surface water” includes water from both natural and man-made causes under the exclusion, a Pennsylvania federal judge ruled Feb. 9, dismissing breach of contract and bad faith claims (Citi Gas Convenience, Inc. v. Utica Mutual Insurance Co., No. 15-6691, E.D. Pa.; 2016 U.S. Dist. LEXIS 15503).
(Memorandum available. Document #69-160304-012Z.)
On Dec. 23, 2013, Citi Gas Convenience Inc. alleged that its business premises were damaged by a water main break. Citi...