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ZURICH AMERICAN INS. CO. v. MEDICAL PROPERTIES

No. 23-1167, No. 23-1180.

88 F.4th 1029 (2023)

ZURICH AMERICAN INSURANCE COMPANY, Plaintiff, Appellee, v. MEDICAL PROPERTIES TRUST, INC., Defendant, Appellant. Steward Health Care System, LLC, Plaintiff, Appellant, v. American Guarantee and Liability Insurance Company; Zurich American Insurance Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 19, 2023.

Attorney(s) appearing for the Case

Creighton K. Page , with whom Martin C. Pentz , Laura D. Gradel , Natalie F. Panariello , Foley Hoag LLP, Dale Jefferson , and Martin, Disiere, Jefferson & Wisdom were on brief, for appellant Medical Properties Trust, Inc.

Howard M. Cooper , with whom David H. Rich , Matthew S. Furman , and Todd & Weld LLP were on brief, for appellant Steward Health Care System, LLC.

Patrick F. Hofer , with whom Clyde & Co US LLP was on brief, for appellees Zurich American Insurance Company and American Guarantee and Liability Insurance Company.

Before Gelpí, Montecalvo, and Rikelman, Circuit Judges.

This interlocutory appeal requires us to decide whether under Massachusetts law the term "surface waters" as used in a property insurance policy includes rainwater that accumulated on a parapet roof one or more stories above the ground. Indeed, the interpretation of "surface waters" is dispositive of whether the insureds...

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