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A Better Partnership
June 09, 2017

COA Interprets Earth Movement Exclusion As Applying to Any Earth Movement

In Home-Owners Insurance Co. v. Dominic F. Adnriacchi, No. 331260, the Court of Appeals held the plain language of an insurance contract excluding damage cause by “any earth movement” meant what it said and did not apply only to natural earth movement.  
After extensive roadwork nearby caused damages to the insured’s law offices from the earth re-settling, the insurance provider denied the claim as falling under their “any earth movement” exclusion. In deciding this issue of first impression on this particular contract language, the Court affirmed the trial court’s grant of summary disposition for the insurance provider and held that the plain language of the policy clearly meant to exclude both natural and man-made earth movement from the policy, taking a broader approach than some courts in other jurisdictions.  

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