Stewart v. Preferred Fire Insurance

The opinion of the court was delivered by

Fromme, J.:

This is a claim on an insurance policy covering a dwelling house. The trial court sustained the insurance company’s motion and entered judgment against the homeowners.

Only one question is presented by the appeal. Was the loss .arising from the collapse of the house excluded from coverage by a clause in the policy excluding loss caused by earth movement including but not limited to earth sinking? The house sank into a pre-existing mine shaft underlying the property.

A stipulation of facts was entered into by the appellant homeowners and the…