In this case, the insured homeowner alleged that “nearby blasting created shockwaves and vibrations which damaged the insured dwelling without displacement or permanent displacement of the earth” and that the amount for the repair “of the blasting damages” was $74,761.83. State Farm sought to exclude the damages based upon the following exclusion:
“We do no insure under any coverage for an y loss which would not have occurred in the absence of one or more of the following excluded events. We do not insure for such loss regardless of: (a) the cause of the excluded event; or (b) other causes of loss; or (c) whether other causes acted concurrently or in any sequence with the excluded event to produce the loss; or (d) whether the event occurs suddenly or gradually, involves isolated or widespread damage, arises from natural or exteneral forces, or occurs as a result of any combination of…
b. Earth Movment, meaning the sinking, rising, shifting, expanding or contracting of earth, all whether combined with water or not. Earth movement includes but is not limited to earthquake, landslide, mudflow, sinkhole, subsidence and erision….”
The Third DCA distinguished this case from two prior cases State Farm Fire & Casualty Co. v. Castillo, 829 So.2d 242 (Fla. 3rd DCA 2002) (“Castillo I (no relation to the current case), and Fa...
