Strategies, Challenges, and Answers

The Nevada Supreme Courth Finds An Earth Movement Exclusion To Be Ambiguous And Unenforceable

In the 2011 case of Powell v. Liberty Mutual Fire Ins. Co., 127 Nev. Adv. Op 14, 252 P.3d 668 (2011) the Nevada Supreme Court struck down the insurance company’s “earth movement” exclusion as ambiguous and unenforceable. In light of an earlier federal case, the outcome was something of a surprise.  In the earlier case of Schroeder v. State Farm Fire and Cas. Co., 770 F.Supp. 558 (1991) the court considered facts very similar to those raised in the Powell decision.  The opinion recites those … [Read more...]