California Court of Appeal

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City of Carlsbad v. Ins. Co. of the State of Pennsylvania, D053843

In an action by a city against an insurance company seeking indemnification arising from a lawsuit by homeowners involving a landslide that occurred as a result of the city water district's negligent maintenance of its water system, judgment of the trial court in favor of the defendant-insurance company is affirmed as, exclusion x in the policy plainly and precisely explained to the city that the peril of land subsidence, including landslides, was not covered, regardless of the cause.

Appellate Information

  • Decided 12/17/2009
  • Published 12/17/2009

Judges

  • NARES, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Levine Steinberg Miller & Huver, Harvey R. Levine, Craig A. Miller, San Diego;  and Ronald R. Ball, City Atty., for Plaintiffs and Appellants.

  • For Appellees:
  • Lewis Brisbois Bisgaard & Smith, Rebecca R. Weinreich and Stephen Vincent Kovarik, Los Angeles, for Defendant and Respondent.
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