Legal Opinion

Kula v. State Farm Fire & Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 1995PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Callahan, J.

This appeal involves an interpretation of the "earth movement” exclusion in an insurance policy issued by defendant, State Farm Fire and Casualty Company (State Farm), to plaintiffs. Plaintiffs contend that the "earth movement” exclusion applies only to losses resulting from natural causes and does not apply to a situation where, as here, a broken water pipe caused the soil beneath plaintiffs’ home to wash away. On the other hand, State Farm contends that the "earth movement” exclusion of its policy clearly and unambiguously excludes coverage for losses arising…

2Cases cited23 opinions

  1. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  2. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  3. Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
  4. United States Fidelity & Guaranty Co. v. AnnunziataNew York Court of Appeals · 1986
  5. State Farm Fire and Casualty Company v. Steven M. Martin Peggy D. MartinCourt of Appeals for the Ninth Circuit · 1989

18 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Parks Real Estate Purchasing Group v. St. Paul Fire And Marine Insurance CompanyCourt of Appeals for the Second Circuit · 2006
  2. Murray v. State Farm Fire & Casualty Co.West Virginia Supreme Court · 1998
  3. Fayad v. Clarendon Nat. Ins. Co.Supreme Court of Florida · 2005
  4. Western National Mutual Insurance Co. v. University of North DakotaNorth Dakota Supreme Court · 2002
  5. Chase v. State Farm Fire & Casualty Co.District of Columbia Court of Appeals · 2001

38 more not listed; retrieve them via the Exa API.

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