Matusevich v. Middlesex Mut. Assurance Co., No. 14-1370 (1st Cir. 2015)
Annotate this CasePlaintiff obtained an Standard Flood Insurance Policy from Middlesex Mutual Assurance Company that afforded flood coverage for Plaintiff’s home. The Policy excluded coverage for damage occurring in a “basement.” After a flood caused damaged to the lower level of his home, Plaintiff filed two flood claims claims to the adjuster retained by Middlesex Mutual. Middlesex Mutual paid the smaller claim but rejected the larger claim, concluding that the lower level of Plaintiff’s home was a “basement” under the Policy. Plaintiff appealed. The district court granted summary judgment for Middlesex Mutual. The First Circuit affirmed, holding that the lower level of Plaintiff’s home qualified as a “basement” under the Policy, and thus Middlesex Mutual appropriately denied his claim of loss for damages sustained during the flood.
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