Adams

ORDER GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE HOGAN CLAIM

I.

INTRODUCTION

In this case, thirty-five homeowners near Lake Hemet, California filed suit against Defendants Allstate Insurance Company (“Allstate”), Allstate Insurance Group and Allstate Personal & Casualty Company, alleging breach of contract, tor- tious breach of the implied covenant of good faith and fair dealing and unfair business practices. The action, originally filed in state court and removed to this Court on diversity grounds, followed from Allstate’s denial of property damage claims submitted by Plaintiffs under a “Deluxe Allstate Homeowner’s Policy.”

The present motion focuses on the insurance claim of these two Plaintiffs, the Hogans. According to these Plaintiffs, the damage to their home arose out of the Metropolitan Water District’s (“Metropolitan”) construction of the Eastside Reservoir in the vicinity of their home, which included repeated blasting over a period of three or more years in the course of construction of a dam for the Eastside Reservoir project. Allstate denied Plaintiffs’ claim, stating the blasting was not the cause of the damage and, in any event, the type of…