Collapse Of Retaining Wall Is Not A Covered Loss, New York Panel Affirms

(April 7, 2016, 1:35 PM EDT) -- BROOKLYN, N.Y. — A New York appeals panel on April 6 affirmed a lower court’s ruling that an insurer has no duty to provide coverage to its insured for water damages caused by the collapse of a retaining wall, rejecting the insured’s argument that the insurer is precluded from relying on the policy’s flood/surface water exclusion to deny coverage (The Provencal LLC v. Tower Insurance Company of New York, et al., No. 2015-00192, N.Y. Sup., App. Div., 2nd Dept.; 2016 N.Y. App. Div. LEXIS 2529)....
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