Shareholder Ron Cook obtains summary judgment in Federal District Court in Utah in an insurance matter involving a rock fall. In the matter of Western United Ins. Co. v. Heighton, et.al, Mr. Cook represented the insurance company that insured a home that was destroyed after a large boulder separated from a granite cliff and tumbled down the hill. Mr. Cook argued that the rock fall was considered a landslide – a condition that was excluded from coverage under the “earth movement” exclusion in the policy.
The court sided with Mr. Cook holding that the claim was excluded from coverage. [Western United Ins. Co. v. Heighton, et al. No. 2:2014cv00435 (D. Utah 2016)]. The mortgage holder on the property has appealed the decision to the 10th Circuit Court of Appeals.