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Three years ago, in Pioneer Tower Owners Assn. v. State Farm Fire & Cas. Co., New York’s highest court, the Court of Appeals, held that an “earth movement” exclusion in an insurance policy did not unambiguously apply to excavation. Now, the Court has ruled that loss caused by excavation was excluded from a policy in which a similar exclusion was expressly made applicable to “man made” movement of earth. 

The Case 

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