Major construction on a crowded urban lot almost inevitably causes issues with adjoining property owners. A recent New York decision confirms that when the earth moves, earth movement exclusions may preclude coverage. In Gogam v. Admiral Indemnity Co., 2026 WL 2595045 (N.Y. Sup. Ct. Aug. 21, 2026), the Supreme Court, New York County, granted the insurer’s motion to dismiss, holding that an insured’s claim for cracking and settlement damage caused by construction next door fell squarely within the policy’s earth movement exclusion. About The Authors
