Palub

Appellants Rita and Virgil Palub bought a Hartford all risk homeowners policy that included property and liability insurance. In 1998, their home was badly damaged. To quote their complaint, their home “was destroyed, rendered uninhabitable, and collapsed as a result of a slope failure above and behind their property.” Appellants sought coverage, alleging that their property damage was caused by three covered perils: third party negligence, weather conditions alone, and/or collapse. Hartford denied coverage. Appellants sued, bringing causes of action for breach of contract, breach of the covenant of good faith and fair dealing, and other causes of action. Hartford’s motion for judgment on the pleadings was granted with leave to amend. Appellants chose not to amend and the case was dismissed.

The essential question before the trial court, and before us on this appeal, is whether appellants’ complaint sufficiently alleged that they suffered covered losses. Since the scope of coverage under an all risk homeowners policy includes all risks except those specifically excluded by the policy (State Farm Fire & Casualty v. Von Der Leith (1991) 54 Cal.3d 1123, 1131 [ 2 Cal.Rptr.2d…