Craig Bennion, a member of the Global Insurance Department, discusses the July 19th ruling by the Montana Supreme Court that a boulder that thundered down a hillside and crashed into a house was to be considered a landslide for insurance purposes, in Legal NewsLine.
In March 2014, a large boulder fell from a hillside approximately 440 feet above Russell Parker’s vacation home in Sheridan, crashing into the dwelling. Parker filed a claim with his insurance company, Safeco.
“The reason the rock in the Parker case became dislodged was a fact issue that the parties’ experts addressed,” Craig Bennion told Legal Newsline.
The exclusion included within the term “earth movement” such events like earthquakes, landslides, mudflows, lava flows and fallout of volcanic particulate matter and did not restrict the term’s meaning to soil. The court concluded that the language of the exclusion did not support distinguishing rock from soil when applying “earth movement” to an event, Bennion said.
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