KONCEPTS COMMUNICATIONS OF L.I. CORP. v. MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE


279 A.D.2d 555 (2001)

719 N.Y.S.2d 673

KONCEPTS COMMUNICATIONS OF L.I. CORP., Respondent, v. MERCHANTS INSURANCE COMPANY OF NEW HAMPSHIRE, Appellant.

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

Decided January 22, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff's property was damaged when water entered its basement during a heavy rainstorm. The plaintiff was insured under a policy issued by the defendant, which excluded losses "caused directly or indirectly by * * * any earth movement (other than sinkhole collapse) such as * * * earth sinking, rising or shifting" (emphasis supplied). After an investigation, the defendant concluded...

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