Massachusetts Supreme Judicial Court

Zurich American Insurance Company v. Medical Properties Trust, Inc.

July 23, 2024

Summary

The Massachusetts Supreme Judicial Court held that rainwater accumulating on a rooftop courtyard or parapet roof does not unambiguously constitute “surface waters” under Massachusetts law for the insurance policies at issue, and therefore the ambiguity must be resolved in favor of the insured, reversing the district court’s partial summary judgment for the insurers.