Court rejects earth movement exclusion in favor of prior loss

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted November 3, 2020 11:01 AM

The 1st District Appellate Court recently held that an earth movement exclusion in an all-risk property insurance policy did not bar all coverage for damage to an industrial freezer facility, where evidence existed of damage caused not only by ground upheaval beneath a freezer in the facility but also by water saturating insulation and requiring its replacement.The case is 4220 Kildare, LLC v. Regent Insurance Co., 2020 IL App (1st) 181840 (Sept. 30). The insured, Kildare, was represented by Ronald A. Stearney of Chicago …

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