Wilson

Wilson v. Farmers Insurance Exchange

Good Law
102 Cal. App. 4th 1171·126 Cal. Rptr. 2d 305·2002 Cal. App. LEXIS 4803·2002 Daily Journal DAR 12039·2002 Cal. Daily Op. Serv. 10431
Court of Appeal of CaliforniaSeptember 16, 2002C039872California2,122 words

Opinion

Opinion

Robie, J.

Plaintiffs Darin Wilson and Elsa Littau submitted a claim to defendant Farmers Insurance Exchange (Farmers) under an all-risk homeowners policy for the loss in the value of the house insured by the policy, which was due to an unfinished renovation project on the house. After Farmers denied the claim, plaintiffs sued Farmers for breach of contract and negligence. The trial court granted summary judgment in favor of Farmers on the ground the loss from the unfinished renovation was not fortuitous to plaintiffs. We conclude summary judgment was proper because the loss was expressly excluded from coverage as a loss caused by inadequate repair, construction, renovation, or remodeling. Consequently, we will affirm the judgment.

Factual and Procedural History

In November 1996, Wilson sold a house to Bruce Wampler and agreed to carry a second mortgage on the property behind a first mortgage in favor of Littau (Wilson’s grandmother). The house was insured under an all-risk homeowners policy issued by Farmers. Littau was listed as a mortgagee on the policy, Wampler was listed as a named insured, and Wilson was initially listed as a named insured but later changed to a…

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