An "All Risks" Property Insurance Company denied all Coverage in Download Liebel v. Nationwide (Fla. 4th DCA Opinion Filed October 7, 2009). The cause of loss was one of the universe of covered "all risks" under such a Policy. In this case, the cause was a burst water pipe. The rushing water caused the earth to move. The Policyholder presented a claim under her All Risks Property Policy for the cost of repairing the damaged pipe.
The All Risks Property Insurance Company denied all Coverage based on its "Earth Movement" Exclusion. The Florida Appellate Court held that this was not a good ground for denying Coverage under an "All Risks" Property Insurance Policy in this case. There was Coverage in this case, the Appellate Court unanimously held in accordance with the universally held rule in such cases.
Interpretation of "All Risks" Property Insurance Policies is addressed in § 7:1, "Introduction and Interpretation," and "Earth Movement" Exclusions are addressed in § 7:9, by Dennis J. Wall in CAT Claims: Insurance Coverage For Natural and Man-Made Disasters" (West Publishing Company 2008 & Supplement 2009).
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