Garvey v. State Farm Fire and Casualty Co.
California Supreme Court
770 P.2d 704 (1989)
State Farm Fire and Casualty Company (State Farm) (defendant) insured Jack and Rita Garvey (plaintiffs) under an all-risk homeowner’s-insurance policy. The policy included coverage for negligent construction but excluded coverage for earth movement. The Garveys filed a claim against their policy when they noticed that an extension to their house was pulling away from the main building. State Farm denied the claim. The Garveys sued to enforce indemnification. The trial court ruled that the evidence supported an attribution of the Garveys’ property damage to the concurrent proximate causes of soil slippage and negligent construction. State Farm appealed, and an intermediate court reversed the trial court’s ruling. The California Supreme Court reviewed the intermediate court’s decision in order to clarify the controlling precedent.
Rule of Law
Holding and Reasoning (Lucas, C.J.)
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