Brown

Defendant Department of Veterans Affairs of the State of California appeals from a judgment in favor of plaintiffs LeRoy G. and Mae Louise Brown. The plaintiffs cross-appeal from the judgment. The judgment awarded the plaintiffs damages for the alleged negligence of the Department in failing to either procure sufficient insurance or to advise plaintiffs to procure such insurance upon a home they were purchasing through the Cal-Vet program. (Mil. & Vet. Code, § 984 et seq.) The Department contends: (1) the trial court erred in finding that the Department had a duty to either procure an adequate amount of insurance or to counsel plaintiffs on their insurance needs; (2) the Department’s conduct was not the proximate cause of plaintiffs’ loss; and (3) the Department is immune from liability to plaintiffs. The plaintiffs contend: (1) the court erred in interpreting the jury verdict; and (2) the court erred in apportioning costs on the basis of the parties’ percentage of fault as found by the jury. Since we agree with the first contention of the Department, we shall reverse the judgment.

Facts

The purpose of the Cal-Vet program is to provide veterans with the opportunity to…