Attorney obtained summary judgment in a coverage action involving a claim for coverage made by a contractor in the business of waterproofing basements

Attorney obtained summary judgment in a coverage action involving a claim for coverage made by a contractor in the business of waterproofing basements. The contractor/insured's defective work lead to the destabilization of the foundation of the claimant's home. The foundation required immediate shoring, and had to be completely rebuilt. Our client disclaimed coverage based upon an "earth movement" exclusion in the policy, and asserted that there was no "occurrence" under the policy since the coverage sought was the cost to repair and replace the insured's defective workmanship. The court granted summary judgment, finding that there was no coverage under the earth movement exclusion, and further that there was no occurrence to trigger coverage.