Judge Says Earth Movement Exclusion Bars Insurer’s Duty, Awards Attorney Fees

Mealey's (February 11, 2016, 11:57 AM EST) -- LAS VEGAS — Denying reconsideration on a finding that an earth movement exclusion precludes an insurer’s duty to defend an underlying construction defects case, a Nevada federal judge on Feb. 5 awarded $112,370.50 in attorney fees to the insurer (ProBuilders Specialty Insurance Co., et al. v. Double M. Construction d/b/a Classic Homes, No. 13-2156, D. Nev.; 2016 U.S. Dist. LEXIS 15072).

(Order available. Document #69-160304-011R.)

Double M. Construction, doing business as Classic Homes, served as the developer and general contractor of single-family homes at Richland Estates,...
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