Issue Exists On If Insured’s Damages Fall Within Earth Movement Exclusion, Panel Says
(May 18, 2016, 1:27 PM EDT) -- SANTA FE, N.M. — A genuine issue of material fact exists as to whether all of an insured’s claimed damages fall within the scope of an insurance policy’s “earth movement” exclusion, the New Mexico Court of Appeals held April 16, reversing a grant of summary judgment (Victor Magallanes v. Farmers Insurance Company of Arizona a/k/a Farmers’ Insurance Group of Companies and Branden Marshall, No. 34,135, N.M. App.; 2016 N.M. App. Unpub. LEXIS 132).