Massachusetts Supreme Court Limits the Meaning of “Physical Abuse” in Policy Exclusion
By Paul V. Esposito
Construing a homeowner’s policy exclusion for abuse and molestation, the Court held that “physical abuse” requires more than conduct causing physical harm. The conduct must “involve an imbalance or misuse of power in addition to being physically harmful.” An early morning unprovoked assault by 30 year-old man on a 60 year-old man did not involve an exploitation or misuse of power. Dorchester Mut. Ins. Co. v. Miville, 2023 Mass. LEXIS 84 (3/16/23).