Count I of the complaint alleged breach of contract, and Count II alleged unfair or deceptive acts or practices in violation of G. On July 17, 2007, Ella Boazova filed a complaint in the Superior Court against Safety Insurance Company (Safety), alleging that Safety improperly denied coverage under her homeowner's insurance policy for damage to her house. Curran, J., on motions for summary judgment.Īfter review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. ĬIVIL ACTION commenced in the Superior Court Department on July 17, 2007. In a civil action brought by a homeowner (plaintiff), alleging that an insurer improperly denied coverage under a homeowner's insurance policy for damage to the plaintiff's house, the judge properly granted summary judgment in favor of the insurer, where, although the plaintiff's claimed loss was caused by one of the policy's enumerated perils insured against (namely, unknown and hidden seepage of water) and, accordingly, would be insured, the claimed loss concurrently was caused, directly or indirectly, by surface water that seeped or leaked into the wooden frame of her house, and as such, the loss was exluded from coverage under the explicit terms of the policy. Insurance, Homeowner's insurance, Coverage, Construction of policy, Water (2) SJC-10908 02 Appellee Safety Insurance Brief.(1) SJC-10908 01 Appellant Boazova Brief.346 MaCourt Below: Superior Court Department, Middlesex Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, & GANTS, JJ.
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