Construction Defect Journal Archives

New Earth Movement Exclusion Construed to Bar Coverage

July 13, 2017
Tred R. Eyerly - Insurance Law Hawaii

Facing an issue of first impression, the West Virginia Supreme Court ruled that property damage caused by either a man-made or a natural cause was excluded under the Insurance Service Office's 2013 earth movement endorsement. Erie Ins. Prop. & Cas. Co. v. Chaber, 2017 W. Va. LEXIS 430 (W. Va. June 1, 2017).

Five commercial rental units were located on the insureds' property. One unit was a motorcycle shop. Soil and rock slid down a hill and damaged the motorcycle shop. A claim was submitted to Erie.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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