Hernandez v. Citizens Property Insurance Corp.
A homeowner sought coverage for wall and floor cracks caused when off-site rock blasting vibrations shifted the soil beneath his house. The Third District affirmed summary judgment for Citizens, holding the policy's earth-movement exclusion, read with its 'regardless of cause,' anti-concurrent-cause lead-in and 'whether caused by natural or man-made activities' language, unambiguously barred coverage; the 'unless direct loss by explosion ensues' carve-back did not apply because the earth movement did not cause an explosion on the property.
Key facts
- Homeowner Hernandez sought coverage from Citizens Property Insurance Corp. for wall and floor cracks in his house caused by vibrations from off-site rock blasting that shifted the soil beneath the foundation.
- The trial court granted summary judgment for Citizens based on the policy's earth-movement exclusion; the Third District affirmed, holding the exclusion unambiguously barred coverage under its broad lead-in language.
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Why it matters
The opinion reinforces the dividing line between Fayad (no anti-concurrent-cause lead-in; exclusion limited to natural earth movement) and Castillo I (lead-in language expands exclusion to man-made causes), and applies… — full analysis with a trial
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