Earth Movement Doesn't Mean Excavation: NY Court

Law360, New York (April 30, 2009, 12:00 AM EDT) -- In a decision that could have a broad impact on how casualty insurance policies are interpreted, New York's highest court has upheld lower court rulings that an earth movement exclusion built into a residential building's policy does not rule out coverage of damage caused by a neighbor's excavation.

The State of New York Court of Appeals on Thursday affirmed two lower courts' decisions that an earth movement exclusion did not apply to damage caused by earth removal done by a third party.

The case stems from...
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