Bebber v. CNA Insurance

OPINION OF THE COURT

Joseph G. Makowski, J.

Plaintiff seeks recovery under his homeowner’s insurance policy through the defendant insurer. The claim arose when his gunite inground swimming pool “lifted” out of the ground about two feet after it was drained in order to clean said pool. Defendant disclaimed coverage based upon a policy exclusion for property damage “caused by water damage, meaning * * * *43(3) Water below the surface of the ground, including water which exerts pressure on * * * swimming pool or other structure.” (Exhibit A to Einsidler affidavit.)

Defendant asserts that underground…