Legal Opinion
Pioneer Tower Owners Association v. STATE FARM & CASUALTY COMPANY
New York Court of Appeals
Decided April 30, 2009PublishedCited by 81 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Plaintiff seeks recovery under an insurance policy for damage to its building that resulted from an excavation on an adjacent lot. We hold that policy exclusions for “earth movement” and “settling [or] cracking” did not unambiguously remove this event from the policy’s coverage.
I
Plaintiff is the owner of a condominium apartment building. After cracks began appearing in the building, a structural engineer was called in. He found a number of cracks, separations and open joints, and concluded that they were caused by work that was in progress on the lot next door.…
2Cases cited7 opinions
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Wyatt v. Northwestern Mutual Insurance Co. of SeattleDistrict Court, D. Minnesota · 1969
- Cone v. Nationwide Mutual Fire InsuranceNew York Court of Appeals · 1989
- Lee v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2006
2 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Cragg v. Allstate Indemnity Corp.New York Court of Appeals · 2011
- Beazley Insurance Co. v. ACE American Insurance Co.Court of Appeals for the Second Circuit · 2018
- Olin Corp. v. Lamorak Ins. Co.District Court, S.D. Illinois · 2018
- East Ramapo Central School District v. New York Schools Insurance ReciprocalAppellate Division of the Supreme Court of the State of New York · 2017
- Lighton Indus., Inc. v. Allied World Nat'l Assurance Co.District Court, E.D. New York · 2018
76 more not listed; retrieve them via the Exa API.