ADRIAN SOSA VS. MASSACHUSETTS BAY INSURANCE COMPANY (L-0160-16, BERGEN COUNTY AND STATEWIDE) (A-5349-16T3)
In this insurance coverage dispute, the court interprets a homeowner's insurance policy's water-damage exclusion. The court holds that damage caused by a water-main break under a public street, which released water that flowed down a driveway into plaintiff's first-floor apartment, was not excluded as a loss caused by "flood," "surface water," or "water below the surface of the ground." Therefore, the court reverses the trial court's order granting summary judgment dismissal of the homeowner's complaint for coverage, and remands for further proceedings.
