Florida Insurer's Earth Movement Exclusion Defense Denied

After a jury trial finding Tower Hill Prime Insurance liable for $62,000 in damages to their Insured’s home, an appellate court upheld the ruling and found that the insurer’s earth movement exclusion was not applicable based upon the findings of the jury. Competing expert testimony at the trial cast doubt upon whether the exclusion could apply, and the jury’s holding was reasonably based upon causation that did not fall under the policy’s exclusion.

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