Insurance policies sometimes contain exclusions purporting to bar damage that began before the policy effective dates, but continues into the policy period.

That is what happened in Northfield Mass. Assocs., LLC v. Travelers Indem. Co.

In this case, the insured (a property owner) was sued by a condominium association for “damages that include continuous and progressive water infiltration spanning multiple policy periods.” Northfield Mass. Assocs., LLC v. Travelers Indem. Co., 2025 N.J. Super. Unpub. LEXIS 2152; 2025 LX 402611. The insurance companies denied coverage under an exclusion which “excludes coverage for damage commencing prior to the policy inception date.”

The New Jersey Superior Court sided with the insured, ruling that New Jersey (1) recognizes the continuous trigger doctrine for construction defects and (2) bars the kind of exclusions the insurance companies relied upon.

So, while the plain language of the policy may have seemed a bar, the underlying law of the state allowed for coverage. Even if you think coverage may be barred, it is worth giving your lawyer a quick call—it sure helped in Northfield.