X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The U.S. Court of Appeals for the Tenth Circuit has decided that an insurance policy’s earth movement exclusion barred coverage for damage caused to a home by large boulders rolling down from a hillside above the home. The case is Sullivan v. Nationwide Affinity Ins. Co. of Am.2021 U.S. App. LEXIS 628 (10th Cir. Jan. 11, 2021).

The house of the Plaintiffs, Dustin Sullivan and Nana Naisbitt, sustained severe damage when several large boulders dislodged from a rocky outcropping and rolled down a steep hillside into their home and yard. One boulder stopped rolling in the yard, and a few others struck the house. Sullivan and Naisbitt filed a claim with their insurer, Nationwide, which hired an engineering firm and a geological firm to investigate the rock slide. The engineering firm’s report noted that some rocks dislodged from the upper part of the slope accidentally and were not influenced by meteorological conditions such as torrential rain or high winds. The geological firm’s report found that rockfall hazards existed at the property in question, and found that there was evidence of large boulders falling down the slope previously.

This premium content is locked for
Insurance Coverage Law Center subscribers only.

Start a free trial to enjoy unlimited access to the single source of objective legal analysis, practical insights, and news for the insurance industry.

  • Access the most current expert analysis and daily developments across jurisdictions
  • Solve complex research issues with expert tools and intelligence
  • Tap into insurance coverage expert guidance

Already have an account?
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].

Hannah Smith

 

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.