Bianchi

This case presents the novel question of when land is “vacant” for insurance purposes. The losing defendant insurance company appeals from a judgment in a declaratory action holding it liable for coverage under a “vacant land” inclusion in a homeowner’s policy. We hold that the land in question was not vacant and therefore reverse the judgment.

Facts

Plaintiff Joseph Bianchi built a dam on a large parcel of land he owned in Reche Canyon, in Riverside County. As constructed, the earth and stone dam stood a wedge-shaped 30 feet at its base and about 150 feet long at its top. Its thickness tapered from a base width of 40 feet to a 12-foot road at its top. The dam impounded a reservoir estimated at 2 million gallons.

Bianchi secured a comprehensive insurance policy from coplaintiflf the Ohio Casualty Insurance Company (hereinafter Ohio) for his personal liability for bodily injury or property damage occurring on the Reche Canyon parcel.

Bianchi also obtained a homeowner’s insurance policy from defendant Westfield Insurance Company (hereinafter Westfield) for his residence in Orange County. That policy declared its coverage to extend to “insured premises,” defined as: “(1)…