Powell v. Liberty Mutual Fire Ins. Co.

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Justia Opinion Summary

Appellant Mildred Powell filed an insurance claim with respondent Liberty Mutual Fire Insurance Company to cover damage to her house. Liberty Mutual denied the claim, stating that the damage was excluded under the “earth movement exclusion” in Appellant’s insurance policy. Appellant took Liberty Mutual to the district court. The court eventually granted Liberty Mutual’s motion for partial summary judgment, concluding that the “earth movement exclusion” of the policy excluded coverage of the damage. Appellant challenged the district court’s review of the policy, arguing that it was contrary to state law on a similar “earth movement exclusion.” The Supreme Court concluded that Liberty Mutual’s policy was ambiguous held in light of the applicable state law. The Court held that the district court erred in granting the company summary judgment, and reversed its holding. The Court remanded the case for further proceedings.

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