The dispute originated in March 2014 when nearby demolition work generated vibrations that damaged the walls, floors, and ceiling of Sandra Moise's residence. Homeowners Choice Property & Casualty Insurance Company denied coverage shortly thereafter, pointing to standard exclusions regarding material shrinkage and earth movement. During the trial, an expert demonstrated that vibrations traveled through the local limestone subsoil to harm the foundation without physically displacing the earth. The appellate court affirmed the resulting verdict, establishing that structural shock waves differ legally from general earth movement.
Key points
Insurers cannot rely on earth movement exclusions when vibrations damage a foundation wit…: Insurers cannot rely on earth movement exclusions when vibrations damage a foundation without displacing the surrounding soil.
Appellate judges refused to overturn the jury verdict because both parties were permitted…: Appellate judges refused to overturn the jury verdict because both parties were permitted to present competing expert testimony at trial.
Homeowners Choice Property & Casualty Insurance Company exhausted its challenges regardin…: Homeowners Choice Property & Casualty Insurance Company exhausted its challenges regarding trial court proceedings and evidentiary limits.
Sources checked by our analysis pipeline: 1
What happens when construction work on a neighbouring property damages a home, but the homeowner's insurance company refuses to pay for repairs? For Sandra Moise of Miami, Florida, the dispute centred on whether vibrations from demolition work could be excluded under policy provisions covering earth movement and settlement. The damage occurred in March 2014, and the insurer denied her claim that June, setting off a legal battle that continued for years.
On October 28, 2026, Florida's Third District Court of Appeal upheld the judgment in Moise's favour against Homeowners Choice Property & Casualty Insurance Company. In its
opinion available on Justia, the court concluded that the insurer had not established grounds to overturn the jury's decision. The ruling affirmed a $240,000 damages award, along with prejudgment interest, and addressed the distinction between damage caused by vibrations and damage resulting from actual earth movement.
Demolition vibrations damaged the home
According to the court's opinion, Moise's home was insured under a policy that took effect on May 8, 2013. On March 1, 2014, demolition activity at a neighbouring property allegedly caused vibrations…
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