Strubble

These are cross-appeals by the insured plaintiffs, Arthur and Mary Strubble, and defendant, United Services Automobile Association, the insurer, from a judgment entered under a California homeowners all-risks of physical loss insurance policy on special verdicts in favor of plaintiffs and against defendant in the total amount of $42,857.79.

Plaintiffs appeal on the sole ground that the total amount awarded them should have been $17,800 greater for reasons which will be explained later. Defendant appeals on the following two grounds: (1) the jury was erroneously instructed regarding the burdens of proof of the parties as to defendant’s liability under the policy; (2) the evidence that plaintiffs’ loss was proximately caused by an earthquake on June 14, 1967, and that the fair market value of plaintiffs’ residence prior to the earthquake was $36,410 is insubstantial.

The Loss

In February 1960 plaintiffs purchased a very large and beautiful Mediterranean-style home with a panoramic view of the ocean for $60,000. This home was located on the cliff overlooking Malaga Cove in the City of Palos Verdes Estates. The reason for the comparatively low price was that the cliff on…