Homeowners Choice Property & Casualty Insurance Co. v. Moise
The Third DCA affirmed a judgment for a homeowner on a claim for cracking damage caused by vibrations from demolition at an adjacent property. The court held that the policy's earth movement and settlement exclusions did not bar coverage where the insured's expert opined the damage was caused by vibrations 'without displacement of the earth,' creating a jury question; it also affirmed summary judgment striking the insurer's post-loss-obligation defenses as waived by the coverage denial, and affirmed a money damages award in a declaratory judgment action.
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Key facts
- Homeowner Moise held a homeowners insurance policy with Homeowners Choice Property & Casualty Insurance Co. that covered cracking damage to the insured property.
- Cracking damage to Moise's home occurred following demolition work at an adjacent property that caused vibrations.
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