Court: Insurer must cover rock-mining blasting damage to Miami-Dade home [Miami Herald]
An appeals court Wednesday upheld a ruling that required a property-insurance company to cover damage that the owners of a
A three-judge panel of the
Tower Hill went to the appeals court after a jury last year said the insurer was responsible for paying
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
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
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
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.



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