Selective Way Insurance v. Litigation Technology, Inc.

The majority has effectively rewritten the insurance policy that Selective Way Insurance Company (“Selective Way”) issued to Litigation Technology, Inc. (“Litigation Technology”). Accordingly, I dissent.

1. The “surface water” exclusion in Litigation Technology’s policy provides that Selective Way

*42will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. . . .

g. Water(1) Flood, surface water, waves, tides, tidal waves, overflow of any…