‘Earth movement exclusion’ doesn’t sink insurance claim

By Marc Karlinsky mkarlinsky@lawbulletinmedia.com

Posted October 8, 2020 11:20 AM

An “earth movement exclusion” in a policy should not have sunk an insurance claim for structural damage to a warehouse caused by a frosted-over freezer.The 1st District Appellate Court’s Sept. 30 opinion found a Cook County trial judge improperly issued a directed verdict following the trial. The panel ruled the circuit court to reinstate a $544,366 jury award.The plaintiff, 4220 Kildare LLC, owned a cold-storage warehouse in the Archer Heights neighborhood that has large freezer rooms containing food.Over a holiday …

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