MGM APARTMENTS, L.L.C. v. MID-CENTURY INS. CO.
Appeal from the Iowa District Court for Pottawattamie County, Timothy O'Grady, Judge. Heard by Vogel, P.J., and Mullins and McDonald, JJ. Opinion by McDonald, J. (10 pages).
MGM Apartments appeals from an adverse grant of summary judgment in favor of insurer Mid-Century Insurance Company. The district court held that coverage for a loss under an apartment owner's insurance policy was excluded by earth movement exclusion in the policy. OPINION HOLDS: The judgment of the district court is affirmed. The insured's loss is not a covered cause of loss within the meaning of the policy because the loss is excluded from coverage pursuant to policy exclusions for earth movement and for water damage.