BURACK v. TOWER INSURANCE COMPANY OF NEW YORK


12 A.D.3d 167 (2004)

784 N.Y.S.2d 53

JEDIDIAH BURACK, Respondent, v. TOWER INSURANCE COMPANY OF NEW YORK, Appellant.

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

November 4, 2004.


This action for declaratory judgment resulted from defendant's declination of coverage after the collapse of an apartment building. For three weeks before the collapse, excavation had been ongoing in an adjacent lot. Plaintiff claims the collapse resulted from the construction equipment coming into contact with his building. Defendant claims this loss is not covered because the policy excludes coverage for losses due to "earth movement," a phrase whose meaning is an issue...

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