Hoffman

In this case, we conclude that property owners are not entitled to recover under an “all risk” homeowners policy indemnifying them against damage to their property unless there is some manifestation of physical damage to the property during the policy period. Since there was no such manifestation during the policy period in this case (which extended until the sale of the subject property), there was no covered loss. Because of our resolution of this issue, we do not reach other issues tendered by the parties concerning the efficient proximate cause of damage the property is alleged to eventually have suffered, and the effect of a change in the exclusion provisions of the policy when it was renewed.

Factual and Procedural Summary

This case reaches us after a general demurrer was sustained without leave to amend. We therefore review the pleadings under established principles that require that we take as true all material factual allegations in the complaint, and that a demurrer should not be sustained unless the complaint, liberally construed, fails to state a cause of action on any theory. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 497 [ 86 Cal.Rptr. 88 ,…