$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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!