Butki

Plaintiffs Alan and Barbara Butki live in La Palma in a house built in the mid-1960’s. The house sits on a concrete slab which is cracking and slowly deteriorating due to a high level of sulfates in the soil. The Butkis, who bought the house in 1984, submitted a notice of loss under an “all risk” homeowner’s policy to their insurer, United Services Automobile Association. The claim was denied on the ground the claimed loss was excluded under the policy. The Butkis sued for declaratory relief, breach of contract, bad faith and statutory violations. The insurer’s motion for summary judgment was granted, and the Butkis appeal. We affirm.

I

Questions of coverage relative to the deterioration of concrete foundations of houses due to corrosive soils are not new to this court. In Brodkin v. State Farm Fire & Casualty Co. (1989) 217 Cal.App.3d 210, 217 [ 265 Cal.Rptr. 710 ], we held: “If the existence of cow urine, swamp seepage, or other corrosives in the soil is the proximate cause of damage to the foundation of the house, the claim is clearly barred under that part of the policy which excludes claims for the ‘leakage or seepage of water,’ ‘wear, tear,’ ‘deterioration,’…