Under the HO-3 and DP-3 is lava flow excluded based on the landslide/earth movement exclusion?
2. Earth Movement
Earth Movement means:
a. Earthquake, including land shock waves or tremors before, during or after a volcanic eruption;
b. Landslide, mudslide or mudflow;
c. Subsidence or sinkhole; or
d. Any other earth movement including earth sinking, rising or shifting;
caused by or resulting from human or animal forces or any act of nature unless direct loss by fire or explosion ensues and then we will pay only for the ensuing loss. This Exclusion A.2. does not apply to loss by theft.
Hawaii Subscriber
Merriam-Webster defines “earth” as “the fragmental material composing part of the surface of the globe; especially: cultivable soil. Soil is defined as firm land: earth; 2a: the upper layer of earth that may be dug or plowed and in which plants grow; b: the superficial unconsolidated and usually weathered part of the mantle of a planet and especially of the earth; a medium in which something takes hold and develops.”
“Lava” is “molten rock that issues from a volcano or from a fissure in the surface of a planet (as earth) or moon; also: such rock that has cooled and hardened. Rock is a large mass of stone forming a cliff, promontory, or peak; 2: a concreted mass of stony material; also: broken pieces of such masses; 3: consolidated or unconsolidated solid mineral matter; also: a particular mass of it.”
It really depends on whether or not the lava was fresh and had not weathered or had weathered overtime and rolled down a hill like a regular rock. If it was fresh lava the earthquake exclusion does not apply. However, if this is in Hawaii please check the special provisions form, which may have made a provision that lava is included in that exclusion.
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