Brodkin
Brodkin v. State Farm Fire & Casualty Co.
Opinion
Opinion
Scoville, J.
The sole issue presented by this appeal is whether the corrosion of a house foundation due to soil contamination is a covered peril under an “all-risk” homeowners insurance policy. The trial court found that it was excluded under the terms of the policy and granted summary judgment in favor of the insurer. We agree and affirm the judgment.
I
The Complaint
Plaintiffs Steven and Francine Brodkin are the owners of a single-family residence in La Palma. They were insured by defendant State Farm Fire & Casualty Company under a homeowners insurance policy which provided coverage for “accidental direct physical loss” to the dwelling.
In July 1985 the Brodkins discovered numerous cracks in the floor and foundation of the house. They filed a claim with State Farm, but the claim was denied on the ground the damages were excluded under the terms of the policy.
Two months later the Brodkins filed an action against State Farm and Chiquita Ector, the claims adjuster, alleging the damage to the foundation was “caused by the presence in the underlying soils of, among other things, cow urine which, due to the negligence of the builder, developer, and constructor of the residence, was…