Safeco Insurance of America v. J & D Painting

H. Tim Hoffman appeals from a judgment dismissing his action against respondent J & D Painting following the court’s grant of summary judgment to respondent. In the dismissed action, appellant, who had already recovered the cost of repair for fire damage to his house, sought additional damages to compensate him for the decline in market value that his house suffered during the five months that it was being repaired. We affirm.

Statement of the Case/Statement of Facts

On March 29, 1990, Safeco Insurance Company of America (Safeco) filed a complaint in Contra Costa County Superior Court against J & D Painting (J & D), alleging that J & D’s employees had negligently caused a fire at appellant’s home, which was insured by Safeco. Safeco had already paid appellant $247,118.81 for repairs to the home, and $19,500 for the loss of use of the home while it was being repaired, and sought to recover that money from J & D. This action was later settled.

Hoffman later filed a separate complaint against J & D, claiming damages for “Loss in value to property due to lost opportunities.” Appellant alleged that in the time it took to make the repairs (August 1989 to January 1990) the…