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KULA v. STATE FARM FIRE CO.

212 A.D.2d 16 (1995)

628 N.Y.S.2d 988

Joseph E. Kula et al., Appellants-Respondents, v. State Farm Fire and Casualty Company, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 9, 1995

Attorney(s) appearing for the Case

Laurence D. Behr, Buffalo, for appellants-respondents.

Jaeckle, Fleischmann & Mugel, Buffalo (Mary Fitzgerald of counsel), for respondent-appellant.

PINE, J. P., LAWTON, WESLEY and BOEHM, JJ., concur.

CALLAHAN, J.

This appeal involves an interpretation of the "earth movement" exclusion in an insurance policy issued by defendant, State Farm Fire and Casualty Company (State Farm), to plaintiffs. Plaintiffs contend that the "earth movement" exclusion applies only to losses resulting from natural causes and does not apply to a situation where, as here, a broken water pipe caused the soil beneath plaintiffs' home...

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