Plaintiff made a claim on the all risk insurance policy provided by its insurer. The insurer denied the claim in part based on the policy's "Earth Movement Exclusion", which excluded coverage for losses due to freezing and expansion of soil underground. After both parties rested at end of jury trial, insurer moved for a directed verdict; court reserved ruling on the motion and submitted case to the jury, which returned verdict for Plaintiff. Court erred in granting insurer's motions for directed verdict on the exclusion and motion for Judgment nothwithstanding the verdict, vacating the jury verdict. There was evidence to support the jury's conclusion that there was at least $204,000 in damage to the insulation that occurred prior to any damage that occurred from earth movement and thus was not barred by the exclusion. (HOWSE and BURKE, concurring.)
Illinois Appellate Court
Civil Court
Insurance