Marina Green Homeowners Ass'n v. State Farm Fire & Casualty Co.

Marina Green Homeowners Association (the Association) filed a complaint against State Farm Fire and Casualty Company (State Farm). As relevant here, the complaint stated several causes of action, each was premised on a claimed breach of duty by State Farm to provide earthquake insurance to the Association. The superior court granted summary judgment to State Farm, determining that it was under no such duty. We will affirm.

Factual and Procedural Background

The Association is a San Francisco homeowners association formed to administer an 18-unit residential condominium structure (the Marina Green project). The issue in this case is whether an insurance company owes any duty to a homeowners association, or the members thereof, to provide earthquake insurance covering a condominium structure, as opposed to the airspace comprising each individual condominium unit within that structure. The distinction between the two is explained by Civil Code section 1351, subdivision (f), defining the interests in a condominium project: “A ‘condominium project’ means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real…