Middle Section Reverses Structure Damage Verdict via Policy Exclusion

GREGORY E. HEARN ET AL. v. ERIE INSURANCE EXCHANGE
Court: TN Court of Appeals

Attorneys:

Gordon C. Aulgur, Nashville, Tennessee, for the appellant, Erie Insurance Exchange.

Jean Dyer Harrison, Nashville, Tennessee, for the appellee, Gregory E. Hearn and Kimberlee Hearn.

Judge: BENNETT

Homeowners claim that cracks in the exterior bricks of their home were caused by blasting in the neighborhood. Their insurance company denied coverage under the homeowner policy. The jury returned a verdict in favor of the homeowners. Based upon our construction of the insurance contract and its exclusion for damage caused by earth movement, we conclude that the judgment approving the verdict is erroneous and must be reversed.

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