Court: Insurer must cover rock-mining blasting damage to Miami-Dade home [Miami Herald] - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
November 30, 2023 Newswires
Share
Share
Tweet
Email

Court: Insurer must cover rock-mining blasting damage to Miami-Dade home [Miami Herald]

Miami Herald (FL)

An appeals court Wednesday upheld a ruling that required a property-insurance company to cover damage that the owners of a Miami-Dade County home said was caused by blasting at a nearby rock quarry.

A three-judge panel of the 3rd District Court of Appeal rejected arguments by Tower Hill Prime Insurance Co. that damage in 2016 to the home of Ivet and Mario Bermudez was excluded from coverage under their policy.

Tower Hill went to the appeals court after a jury last year said the insurer was responsible for paying $62,000 to cover damage such as cracks in the home, according to the verdict.

The homeowners filed a breach-of-contract lawsuit, arguing the damage was caused by vibrations from blasting at the rock quarry, while Tower Hill said it was caused by earth movement. Tower Hill pointed to part of the policy that excluded coverage for earth movement.

“The damage is not covered because the subject policy contains an exclusion for damage caused by earth movement,” Tower Hill argued in a motion for summary judgment filed in 2020 in Miami-Dade County circuit court. “Even if the damage at plaintiffs’ property was the result of nearby blasting activities, the damage was caused by earth movement. Accordingly, plaintiffs are not entitled to coverage under the insurance policy.”

But the appeals court said the “trial came down to a so-called ‘battle of the experts’” and that an expert for the homeowners was “steadfast in his opinion that none of the damage to the insured’s home resulted from soil movement or earth movement, but was instead the result of shock waves from the blasting that caused the house to shake.”

“Based upon the competing expert testimony, the jury could reasonably have concluded that it was the shock waves, and not soil or earth movement, that shook the house and caused damage to the Insured’s home,” said Wednesday’s 11-page decision written by Judge Kevin Emas and joined by Judges Ivan Fernandez and Alexander Bokor.

Wednesday’s decision did not provide extensive details about damage to the home. But the 2020 summary-judgment motion filed by Tower Hill indicated the homeowners said they found cracks in ceiling and floor areas, the driveway and a pool wall.

The appeals court said the trial focused on “the narrow issue of whether the cause of damage to the insured’s home was excluded from or not covered under the policy.” After the jury ruled for the Bermudezes, Circuit Judge William Thomas denied a request by Tower Hill for what is known as a “directed verdict” in favor of the insurer, according to court documents.

Pointing to the conflicting expert testimony, the appeals court said the circuit judge “properly denied Tower Hill’s motions for directed verdict, new trial and judgment.”

©2023 Miami Herald. Visit miamiherald.com. Distributed by Tribune Content Agency, LLC.

Older

Three candidates seek Florida House District 118 vacancy. Here’s who’s running [Miami Herald]

Newer

Court: Insurer must cover rock-mining blasting damage to Miami-Dade home

Advisor News

  • Most Americans optimistic about a financial ‘resolution rebound’ in 2026
  • Mitigating recession-based client anxiety
  • Terri Kallsen begins board chair role at CFP Board
  • Advisors underestimate demand for steady, guaranteed income, survey shows
  • D.C. Digest: 'One Big Beautiful Bill' rebranded 'Working Families Tax Cut'
More Advisor News

Annuity News

  • MetLife Declares First Quarter 2026 Common Stock Dividend
  • Using annuities as a legacy tool: The ROP feature
  • Jackson Financial Inc. and TPG Inc. Announce Long-Term Strategic Partnership
  • An Application for the Trademark “EMPOWER PERSONAL WEALTH” Has Been Filed by Great-West Life & Annuity Insurance Company: Great-West Life & Annuity Insurance Company
  • Talcott Financial Group Launches Three New Fixed Annuity Products to Meet Growing Retail Demand for Secure Retirement Income
More Annuity News

Health/Employee Benefits News

  • On the hook for uninsured residents, counties now wonder how to pay
  • Bipartisan Senate panel preparing ACA subsidies bill
  • CT may extend health insurance sign-up amid uncertainty over future of ACA subsidies, Lamont says
  • Recent Findings from University of Pittsburgh Advance Knowledge in Managed Care (Medicaid’s role in critical care after Medicaid expansion: evidence from Virginia): Managed Care
  • Lamont: State Health Care Enrollment Up As CT Works To Soften Federal Subsidy Elimination
More Health/Employee Benefits News

Life Insurance News

  • Inclined Introduces Mobile App to Simplify Access to Whole Life Insurance Cash Value
  • U-Haul Holding Company to Participate in KeyBanc Capital Markets Self-Storage Investor Forum
  • Clients want independent agents to blend trusted expertise and digital convenience
  • TPG and Jackson Financial Inc. Announce Strategic Partnership to Accelerate Growth
  • Conn. regulators prep PHL Variable for liquidation after selloff fails
Sponsor
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Elevate Your Practice with Pacific Life
Taking your business to the next level is easier when you have experienced support.

ICMG 2026: 3 Days to Transform Your Business
Speed Networking, deal-making, and insights that spark real growth — all in Miami.

Your trusted annuity partner.
Knighthead Life provides dependable annuities that help your clients retire with confidence.

8.5% Cap Guaranteed for the Full Term
Guaranteed cap rate for 5 & 7 years—no annual resets. Explore Oceanview CapLock FIA.

Press Releases

  • Two industry finance experts join National Life Group amid accelerated growth
  • National Life Group Announces Leadership Transition at Equity Services, Inc.
  • SandStone Insurance Partners Welcomes Industry Veteran, Rhonda Waskie, as Senior Account Executive
  • Springline Advisory Announces Partnership With Software And Consulting Firm Actuarial Resources Corporation
  • Insuraviews Closes New Funding Round Led by Idea Fund to Scale Market Intelligence Platform
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet