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Page 10 POST-GAZETTE, MARCH 18, 2011 LEGAL Interest David J. Saliba Attorney at Law The plaintiff had a home- owner insurance policy. Boazova bought a house in Arlington for which she pur- chased homeowner's insur- ance from the defendant, Safety Insurance Company. The policy remained in force, modified from time to time, at all times thereafter. In August, 2005, while reno- vating her kitchen, Boazova discovered that moisture had caused the sill and ad- joining floor joists and wall studs to rot. According to Boazova's own expert, "[tlhe cause of the rot- ted sill plate, wall studs and floor joists is the concrete patio that was poured directly against the house. This per- mitted moisture to migrate to the top of the foundation, The insurance company won this one. BOAZOVA vs. SAFETY INSURANCE CO. Appeals Court of Massachusetts Decided December 16, 2010 rotting the clapboard siding, the Ix exterior, and eventu- ally the sill plate, floor joists, and wall studs." He further opined that "It]he current situation is the result of rot and deterioration over an extended period of time," and that the rot and deterioration were hidden. He concluded that "[wlere it not for the water, the structure would still be intact." Boazova filed a claim un- der his policy. The insur- ance company denied the claim and the homeowner sued. The court agreed that coverage did not apply. The insurance policy provides: "We insure against risk of direct loss to property de- scribed in coverages A and B only ff fhat loss is a physi- cal loss to property. We do not insure, however, for loss: "2. Caused by: (9) Constant or repeated seepage or leak- age of water or the presence or condensation of humidity, moisture or vapor, over a period of weeks, months or years unless such seepage or leakage of water or the presence or condensation of humidity, moisture or vapor and the resulting damage is unknown to all "insureds" and is hidden within the walls or ceilings or beneath the floors or above the ceil- ings of a structure." The Court decided that the insurer was not liable to pay this claim. Know what's in your policy. How many people know what is covered under their policy? Sat., Mar. 26.7:30pm Sun., Mar. 27 2:00pm Tickets available at the TD Garden Box Office, by calling 1-800-745-300 or online at ticketmaster.com ticketmaster ...... ii!i!!!ii!iii!iiiiiii!iii!iiiiiiiiiiiiiiiiiiiii:ii! TransitiOns" Fac reviewing AMERICAN IDOL m I0 Ttl ANNIVERSARY THE HITS: VOLUME I 19/RCA/Jive American Idol celebrates ten years as TV's #1 show by showcasing their most successful contestants sing- ing their signature songs on one excellent compilation. The "original" Idol, Kelly Clarkson sets the tone with her mega-hit single "Since U Been Gone," followed by Ruben Studdard's smooth "Superstar," the clarity of Clay Aiken's "Invisible," the #1 Hot R&B/Hip Hop song "When I See U" from Fanta- sia, the Grammy-worthy smash "Before He Cheats," from country superstar Car- rie Under-wood and Taylor Hick's marks the mid-point with the powerful "Takin' It To The Streets." Chris Daughtry rocked the uni- verse with "Home," Jordin Sparks duets with R&B's Chris Brown and creates sparks on "No Air," the hunk David Cook's platinum single "Light On," the lively "Live Like We're Dying" from Kris Allen, plus Adam Lambert's Glare, with this year's Grammy-nominated "Whataya Want From Me," and the finale is chart- climbing ".Sweet Serendip- ity" from current American Idol Lee DeWyze. A perfect 10 KENNY ROGERS THE LOVE OF GOD Cracker Barrel Kenny Rogers has already made his mark on the music scene with fans of country to pop music. With The Love of God Rogers will score big with current fans and new fans alike. His inspirational collection of a dozen classic songs shine with, "Will the Circle Be Unbroken," the welcoming "Peace," a duet with The Whites on "I'll Fly Away," trailed by the tender "The Rock Of Your Love" written by Vince Gill, then joins Winfield's Locket, for Rogers' mom's favorite song, "In The Sweet By And By," and hit the halfway mark with the wishful "He Showed M"Love." The sweet sound of a youthful choir surrounds "Grace," along with the timeless "What A Friend We Have Ia Jesus," the all encompassing "Circle Of Friends" featuring Point of Grace, plus the pledge For The Love Of God," finishing with Kenny's favorite "Amazing Grace," and "Leaning On The Ever- lasting Arms." Experience this musical and religious awakening! by bob morello ,X r the rest MARSHA AMBROSIUS LATE NIGHTS & EARLY MORNINGS J Records Marsha Ambrosius took great pleasure in seeing her first solo single "Far Away," climb the charts. The song was co-written with song- writing legends Lament Dozier and Brian & Eddie Hol- land. Marsha penned most of the "baker's dozen"' of tunes on her solo effort, Late Nights & Early Mornings. "Anticipation" is a wonderful intro to her album, deliver- ing the gasping "With You" written with Alicia Keys, the title cut "Late'Nights & Early Mornings," the catty "Hope She Cheats On You," the pretty Lauryn Hill tune "Lose Myself," and the touch- ing "Your Hands." The .music continues with "I Want You To Stay," the only non- Marsha creation -- "Sour Times," the soulful "Tears" which she wrote with leg- endary songwriter, Norman Whitfield, plus the heavenly "Chasing Clouds," the pas- sion-filled "The Break Up Song," and the flighty "Butterflies." Marsha was a founding member of English R&B duo Floetry; they enjoyed success in the late '90s. R.E.M. COLLAPSE INTO NOW Warner Bros. If you are among those who've waited in anticipa- tion of R.E.M.'s new studio album, Collapse Into Now, the wait is over, as the band is back with a vengeance -- and lots to say. Lead singer Michael Stipe, guitarist Peter Buck, and bassist Mike Mills have created an album with a mix of slow and uptempo tracks, and a few rockers. Flavored by lyrics written by the trio, it results in a tasty album. Digest the aware "Discoverer," the explosive "All The Best," the spacey "Uberlin," finding strength in "Oh My Heart," the accomplished "it Hap- pened Today," hitting the halfway mark with the uplifting statement -- "Every Day Is Yours To Win." High energy abounds with "Mine Smell Like Honey," slowing it down for "Walk It Back," the identity crisis "Alligator_Aviator_Autopilot_ Antimatter," reaching out via "That Someone Is You," and learning things aren't what they seem. to be "Me, Marion Brando, Marion Brando And I," putting the finishing touches on a fine effort with a litany, simply titled "Blue." Don't AdvertiSe? For information on advertising in the Post-Gazette, call 617-227-8929 or log. on to our website at www,bostonpostgazette.com-