$3M In Excavation Damage Not Covered, NY Panel Says

By Ben Zigterman (April 25, 2022, 5:25 PM EDT) -- A New York state appellate court found that a Queens property owner is not entitled to coverage for building damage caused by nearby construction, finding that the policy's earth movement exclusion applies to both natural and man-made earth movements.

3502 Partners LLC, which owns a two-story brick building, had sued Great American Insurance Co. of New York, alleging it was owed coverage for more than $3 million for damage from nearby excavation work at the 180-acre Sunnyside Yard in May 2020.

The New York Supreme Court found that a Queens property owner is not owed coverage after an excavation left the...

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