Waytena

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 WILLIAM WAYTENA, et al., Case No. 25-cv-04450-RS Plaintiffs, 11 v. ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY

THE CINCINNATI INSURANCE JUDGMENT AND DENYING

COMPANY, DEFENDANT’S CROSS MOTION Defendant.

I. INTRODUCTION Plaintiffs William Waytena and Leeann Lahren (the “Plaintiffs”) have sued their home insurer, Defendant Cincinnati Insurance Company (“CIC”), for breach of insurance contract, promissory estoppel, and breach of the duty of good faith and fair dealing. The parties now bring cross-motions for partial summary judgment regarding the breach of contract claim, disputing whether the insurance policy at issue conclusively covers or excludes (1) loss from rainwater 20 caused by defective construction, an excluded cause under the policy, and (2) living expenses due 21 to related fungi growth. Finding that the Policy conclusively…