Strickland

In this action for declaratory relief, the trial court awarded respondents the full face amount of their all-risk homeowner’s insurance policy for losses they incurred as a result of a continuing geological hazard. We conclude that (1) there was a substantial legal and factual basis for the court’s award, and (2) the insurer has no right to contribution either from the soil stabilization efforts of others or from the insurance policies of neighboring landowners. Accordingly, we affirm.

Facts

Respondents Robert and Rosalie Strickland have resided in the Big Rock Mesa area of Malibu since late 1982. Appellant Federal Insurance Company (Federal) issued the Stricklands an all-risk insurance policy on their home, which the parties were later dismayed to learn sits atop an ancient landslide. Since the late 1970’s, the landslide complex beneath the Strickland residence has undergone continual earth movement as a result of both natural topography and man-made problems such as excavation and septic system use. Water infiltration plays a large role in causing the hillside’s lack of stability. The Strickland property did not suffer structural damage until late 1983, which the…