In Platek v Town of Hamberg (N.Y. Ct. Apps., Feb. 19, 2015), New York’s highest court reversed the decision of the Fourth Department appeals court siding with the carrier’s interpretation of the water exclusion contained within a homeowner’s all risk policy. The relevant policy language provided as follows:
“ [The policy] does not cover loss to the property . . . consisting of or caused by:
. . .
- Water . . . on or below the surface of the ground, regardless of its source