Ash
Ash v. Safeco Insurance Co. of America
Opinion
Opinion
Marshall, J.
MEMORANDUM ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT.
This matter is before the court on the motion of plaintiff Estella K. Ash for summary judgment. A hearing was held on August 11, 1986 before the Honorable Consuelo B. Marshall, United States District Judge, presiding. The court having reviewed the pleadings, opposition, reply and exhibits attached thereto, and having heard the arguments of counsel, hereby issues the memorandum order granting plaintiff’s motion for summary judgment.
FACTS
This action involves a claim by plaintiff Estella K. Ash against defendant Safeco Insurance Company of America for the payment of policy benefits under an insurance contract issued by Safeco covering plaintiffs home located at 20644 W. Big Rock Drive in the Big Rock Mesa area of Malibu. Plaintiffs insurance policy, No. OL-30696, covers up to $125,000 for plaintiffs dwelling and $12,500 for plaintiffs appurtenant structures.
Ash’s home was severely damaged due to an active landslide encompassing virtually the entire Big Rock Mesa area. In addition to physical and structural damage to her dwelling, the ground underlying and supporting the dwelling and its appurtenant structures…