Weaver

This action was originally brought by Donald and Virginia Weaver to recover damages for the erosion of their property in St. Helena. Named as defendants were respondents Richard and Wanda Bishop, who were alleged to have unreasonably altered the flow of Sulphur Springs Creek, causing damage to the Weavers’ property on the opposite side of the creek. Appellant National American Insurance Company of California (NAIC) intervened in the action as subrogee of the Weavers and of the Peppertree Homeowners Association, of which the Weavers were members. According to the complaint in intervention, NAIC was subrogated to the claims against the Bishops because it had been obligated under an insurance policy to repair damage to the subrogors’ property. NAIC thus stood in the shoes of the Weavers, asserting that it had been forced to repair damage for which the Bishops were liable because of their alleged diversion of Sulphur Springs Creek.

The case was tried before a jury. The evidence established that defendants placed riprap (boulders) along their banks, partly at the suggestion of Donald Weaver, to stop the ongoing washing away of the land along the creek bank. NAIC introduced…