Tracey Jordan and Joshua Tumen | Cozen O’Connor Major construction on a crowded urban lot almost inevitably causes issues with adjoining property owners. A recent New York decision confirms that when the earth moves, earth movement exclusions may preclude coverage. In Gogam v. Admiral Indemnity Co., 2026 WL 2595045 (N.Y. Sup. Ct. Aug. 21, 2026), the… Continue reading When the Ground Gives Way, So Does Coverage: New York Applies Earth Movement Exclusion to Adjacent Construction
Tag: Earth Movement Exclusion
Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021 WL 3492294 (D. Mont. Aug. 9, 2021), the insured’s tenant… Continue reading Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion
No Coverage for Home Damaged by Falling Boulders
Tred R. Eyerly | Insurance Law Hawaii The policy’s earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs’ home sustained extensive damage when two… Continue reading No Coverage for Home Damaged by Falling Boulders
Earth Movement Exclusion Precludes Coverage
Tred R. Eyerly | Insurance Law Hawaii The Federal District Court, District of Hawaii, found the earth movement exclusion barred coverage for the contractor when a landslide damaged the property. North River Ins. Co. v. H.K. Constr. Corp., 2020 U.S. Dist. LEXIS 90110 (D. Haw. May 22, 2020). Bruce and Yulin Bingle… Continue reading Earth Movement Exclusion Precludes Coverage
The Earth Movement Exclusion: How Does it Affect Construction Defect Cases?
Adam B. Edgecombe, Esq. | Jimerson & Cobb P.A. | September 26, 2016 One of the biggest considerations for parties on both sides of any lawsuit is whether insurance coverage will apply to the plaintiff’s claims. This is especially true in construction defect cases, where the cost of repairing the alleged damage can be significant,… Continue reading The Earth Movement Exclusion: How Does it Affect Construction Defect Cases?