One of my partners won a Court of Appeals decision earlier this week wherein the court construed an earth movement exclusion in a factual scenario not previously presented. The case is Hearn v. Erie Insurance Exchange, No. M2012-00698-COA-R3-CV. Download a copy here

   

The language at issue in the policy provided that the company would not pay for loss directly or indirectly resulting from “earth movement due to natural or manmade events….” The Court of Appeals found no ambiguity in the language of this exclusion, and held that blasting damage, including damage because of vibration coursing through the ground, was manmade earth movement within the meaning of the exclusion. The Court concluded, as a matter of law, that cracks in the plaintiff’s home which were caused by shockwaves or vibrations triggered by blasting were excluded under the policy. 

 

This decision was somewhat dependent upon the language used in the exclusion, so check your policy language as you assess the impact of this case.

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Photo of Parks Chastain Parks Chastain

Parks T. Chastain is a member of the law firm of Brewer Krause Brooks Chastain & Meisner, PLLC. He graduated from the University of Louisville, where he earned a B. S. in Sociology, awarded with high honors, in 1986. He earned his J.

Parks T. Chastain is a member of the law firm of Brewer Krause Brooks Chastain & Meisner, PLLC. He graduated from the University of Louisville, where he earned a B. S. in Sociology, awarded with high honors, in 1986. He earned his J. D. also at the University of Louisville, Brandeis School of Law, where he graduated cum laude. He served as editor of the Journal of Law & Education, was a two year member of the National Moot Court Team, and a member of the prestigious Brandeis Society. He was admitted to the Tennessee Bar in 1989.

Mr. Chastain represents insurers on a state and national basis in the investigation of first party claims, and in litigation arising from first party and third party coverage disputes. Read More…