Adam Stark and Kirsten Orr successfully argued to the New Jersey Appellate Division that the trial court correctly held that Earth Movement Exclusion applied and excluded coverage to a warehouse owner in New Jersey. The warehouse was damaged by differential soil settlement caused by sheet piles installation. The Appellate Division concluded that this cause of loss clearly fits under the earth movement exclusion. In addition, there were claimed damages to the warehouse that preceded the sheet pile installation, however, these damages were due to a failure to maintain the warehouse. The Appellate Division held that these damages were also excluded by the “wear and tear” exclusion.
A copy of the decision can be found here:REGULAR OPINION (OPN-AFFIRMED)