A. D. B. Realty Corp. v. Orient Insurance

Oxner, Justice.

This is an action on a policy insuring a residence of appellant against “All Physical Loss”. Respondent Insurance Company denied liability upon the ground that the damage to the property came within an exclusionary clause which provides that the policy does not insure against loss by “* * * normal settling, shrinkage or expansion in foundations, walls, floors, or ceilings; * *

On the trial of the case, each party made a motion for a directed verdict at the conclusion of the testimony. The trial Judge refused both motions and submitted the case to the jury which returned a…