Roberts

Roberts v. Assurance Co. of America

Good Law
163 Cal. App. 4th 1398
Court of Appeal of CaliforniaJune 20, 2008G038749California4,369 words

Opinion

Opinion

Rylaarsdam, J.

— Plaintiffs Jim H. Roberts and Elisa N. Le appeal from the judgments entered in favor of their homeowners insurance carrier, Assurance Company of America (Assurance), and their insurance brokers Linda A. Lee and Ling Jing Feng doing business as Jubilee Insurance Services (Jubilee) following the granting of their motions for summary adjudication. They contend there are triable issues of fact regarding whether they requested Jubilee to obtain liability insurance in addition to course of construction coverage. As to Assurance, they argue their claims fell within the collapse coverage provision of the policy and that there are triable issues of fact as to the efficient proximate cause of their loss. Finding no error, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Facts Leading up to Plaintiffs’ Complaint

In 1998, plaintiffs purchased an undeveloped lot in Anaheim located on a steep slope with the intention of building a home on it. They obtained a $680,000 loan from Chase Manhattan Bank (Chase) and hired a general contractor.

Chase required that plaintiffs obtain a course of construction insurance policy. At plaintiffs’ request, Jubilee procured the coverage, also…

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