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Did the insured prove that ‘bad vibrations’ from a construction project damaged her home?

Construction vibrations can cause damage, but how do you prove it when a house also shows normal wear and tear?

By Steven A. Meyerowitz, Esq., Director, FC&S Legal | Updated on July 05, 2017
It can be difficult to prove that damage to your ceilings is a result of nearby construction, not normal settling with age. (Photo: Shutterstock)

This story is reprinted with permission from FC&&S Legal, the industry’s only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.

Barbara King sued American Family Insurance, her homeowners’ insurance carrier, alleging that her home in Niles, Ohio, had been damaged as a result of construction projects at the nearby Niles McKinley High School. King’s complaint alleged that equipment that had been used in the construction and excavation of the school parking lot had caused “significant vibrations.” According to King, these vibrations had caused damage to her home, including cracks, leaks and mold. 

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