BROOM v. WILSON PAVING & EXCAVATING, INC.

TAYLOR, J.,

dissenting (Joined by Winchester, J.):

T1 I respectfully dissent from the Court's decision. The trial court's precise determination of the meaning of the earth-movement exclusion was correct, I write separately to emphasize two serious missteps in the Court's construction of this exelusion. To construe the exclusion as ambiguous and interpret it to apply only to naturally occurring earth movement is a torturous reading of its words. The entire case should turn on the purpose of the insurance policy and the plain language of the exclusion. The Court confuses this liability policy…