Adrian Associates, General Contractors v. National Surety Corp.

WHITHAM, Justice.

Appellant, Adrian Associates, General Contractors, appeals from a summary judgment in favor of Appellee, National Surety Corporation. Because we agree with the Contractor that the phrase “water below the surface of the ground” as used in the underground water exclusion in an all risks insurance policy does not include water from an artificial source, we reverse and remand.

Due to the rupture of an underground water main owned by a municipality, water escaped and migrated below the surface of the ground and underneath a concrete slab the Contractor had poured as the foundation…