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New York High Court affirms that earth movement and settlement exclusions contained in a commercial property policy do not exclude coverage for damage caused by improper excavation

• Hunton & Williams LLP
• -
• USA
• -
• June 11 2009

The New York Court of Appeals held, in Pioneer Tower Owners Association v. State Farm Fire & Casualty Company et al., No. 63, 2009 WL 1148649 (Apr. 30, 2009), that an insurance policy’s earth movement and settling or cracking exclusions did not preclude coverage for property damage caused by excavation on an adjacent lot, even where that excavation resulted in a partial collapse of the insured property