2024 Tropical Weather Thread

superchuck500 said

Further complicating the issue is that “land movement” isn’t the same as flood and is treated like earthquake which requires additional coverage. So if a slope failure landslide is not covered without the land movement rider, is it a flood of the landslide results from rain?

Is that something that has been litigated?

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have no idea about the litigation since we just dont have THAT issue here locally lol

but yes- LANDSLIDE vs MUDSLIDE. two different perils and subsequently one ( mud slide ) is covered by Flood , while LANDSLIDE is not ( because its primarily made up of earthen materials- rock/boulders/soil )

I would imagine somewhere it has been to court to determine "proximate cause" ( or concurrent causation )for landslides. I just dont know of any.

I do remember reading about California having codified "proximate cause" - for folks in wildfire country- so if wildfire happens up the mountain, causing landslide that damages home, even tho the landslide is excluded peril, because the wildfire ( aka fire ) was a covered peril and was the "proximate cause" of the landslide, insurer has to cover the loss.


and i would imagine NC will have multiple cases going forward here.