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When the Ground Gives Way, So Does Coverage: New York Applies Earth Movement Exclusion to Adjacent Construction

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

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Court Finds Late Notice an Absolute Bar to Coverage in Property Claim

In Deja Realty Corp. v. Travelers Indemnity Company of America, 2026 WL 683303 (S.D.N.Y. 2026), the United States District Court for the Southern District of New York granted summary judgment to the insurer, holding that the insured’s year-long delay in providing notice of property damage violated the policy’s condition precedent requiring “prompt notice.” Because New York law does not impose a prejudice requirement in the context of first party property policies, the Court concluded that the insurer’s coverage obligations were extinguished as a matter of law. About The Authors

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About The Property Insurance Law Observer

For more than five decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.

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