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- Title
"SETTLING" AND EARTH MOVEMENT EXCLUSIONS IN HOMEOWNERS POLICY DO NOT BAR COVERAGE FOR SHIFT IN FOUNDATION CAUSED BY WATER ESCAPING FROM BURST PIPE.
- Authors
Stempel, Jeffrey W.
- Abstract
This article reports on the decision of the Alaska Supreme Court on the case West v. Umialik Insurance Co. in Alaska. The case dealt with the insurance coverage claims of James and Jane West for home damages in Fairbanks. The location of the water pipe was near to their house and the chamber was connected to the house's basement by a water pipe which runs through an insulated causeway. During the winter period 1995-1996, the water settled at the foundations of the house due to temperature changes. The damage to the house structure was severe that the Wests sought insurance coverage. However, the insurer denied their claim because the policy language stated the excluding of coverage for settling and earth movement. The court ruled that the claims be granted to the Wests.
- Subjects
ALASKA; LEGAL judgments; INSURANCE claims; ACTIONS &; defenses (Law); WEST, James; WEST, Jane; UMIALIK Insurance Co.; PROPERTY insurance; HOMEOWNERS insurance
- Publication
Journal of Risk & Insurance, 2001, Vol 68, Issue 1, p198
- ISSN
0022-4367
- Publication type
Article