Lawrence

Joseph B. Lawrence appeals after summary judgment was granted in favor of Western Mutual Insurance Company (Western Mutual). We find that summary judgment was properly granted because Lawrence’s claim under his all-risk homeowner’s insurance policy for losses incurred as a result of earth subsidence was barred by the policy’s contractual one-year limitation on the filing of an action and the sixty-day notice of loss requirement. Accordingly, we affirm.

Facts

Because the matter arises on summary judgment for respondent, we recite the record accepting as true the factual assertions in appellant’s declarations and drawing all permissible inferences in appellant’s favor in accordance with the customary rule of appellate review. (Zurn Engineers v. Eagle Star Ins. Co. (1976) 61 Cal.App.3d 493, 495 [ 132 Cal.Rptr. 206 ].)

Lawrence purchased a lot in the Bel Air area of Los Angeles County in 1968 and then constructed a home on the site. In 1974 and 1975, earth settlement, which had previously not been a problem, damaged the house and prompted Lawrence to retain a soil engineer to assess the problem. The engineer determined that the settling was caused by faulty drainage on the…