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California Court of Appeal


De Bruyn v. Superior Ct. (Farmers Group, Inc.), B198622

In insurance coverage dispute arising from damage to home from overflowing toilet and subsequent mold contamination of home, petition for writ of mandate challenging sustaining of demurrer to one cause of action is denied. Since the policy at issue plainly and precisely communicated that mold damage is not covered even when it results from a covered sudden and accidental discharge of water, the insurer's denial of coverage does not violate Insurance Code section 530 or the efficient proximate cause doctrine.

Appellate Information

  • Decided 01/14/2008
  • Published 01/14/2008

Judges

  • WILLHITE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Shernoff Bidart & Darras, Michael J. Bidart, Ricardo Echeverria, Claremont;  The Erlich Law Firm and Jeffrey Isaac Ehrlich for Petitioners., Fulbright & Jaworski, Peter H. Mason, Joshua D. Lichtman, Los Angeles;  Carlson, Calladine & Peterson, Robert M. Peterson, Pasadena, Asim K. Desai;  Picker, Chow & Freisleben and Alan Freisleben, Irvine, for Real Parties in Interest.

  • For Appellees:
  • No appearance for Respondent.
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