Julian

California Insurance Code section 530 1 provides that “[a]n insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause.” We have construed section 530 as incorporating into California law the efficient proximate cause doctrine, an interpretive rule for first party insurance. (Sabella v. Wisler (1963) 59 Cal.2d 21, 31-33 [ 27 Cal.Rptr. 689 , 377 P.2d 889 ] (Sabella).) Pursuant to the efficient proximate cause doctrine, “When a loss is caused by a combination of a covered and specifically excluded risks, the loss is covered if the covered risk was the efficient proximate cause of the loss,” but “the loss is not covered if the covered risk was only a remote cause of the loss, or the excluded risk was the efficient proximate, or predominate cause.” (State Farm Fire & Casualty Co. v. Von Der Lieth (1991) 54 Cal.3d 1123, 1131-1132 [ 2 Cal.Rptr.2d 183 , 820 P.2d 285 ].)

This case calls on us to decide whether an insurer may, consistent with section 530 and the efficient…

Concurring.—I concur with the majority’s judgment affirming the Court of Appeal. However, I write separately because I agree with that court’s determination that the efficient proximate cause doctrine, codified in Insurance Code section 530, is not implicated.

The majority parrots the argument set forth by amicus curiae United Policyholders that the weather conditions clause at issue allows the insurer to deny coverage when the loss is caused by 1 percent earth movement and 99 percent weather conditions. (Maj. opn., ante, at p. 760.) The majority states: “[Ajpplication of the policy language in situations like the one described above would raise troubling questions regarding the clause’s consistency with the efficient proximate cause doctrine” and denying coverage for a loss such as that described above suggests “the provision of illusory insurance against weather conditions .... [Citation.]” (Id. at p. 760) The focus of the majority’s concern is the phrase “contribute in any way.” These words, according to the majority, seem “particularly designed to circumvent the efficient proximate cause doctrine.” (Id. at p. 760.) Of course, that is true only if the efficient proximate cause…

California Insurance Code section 530 [1] provides that "[a]n insurer is liable for a loss of which a peril insured against was the proximate cause, although a peril not contemplated by the contract may have been a remote cause of the loss; but he is not liable for a loss of which the peril insured against was only a remote cause." We have construed section 530 as incorporating into California law the efficient proximate cause doctrine, an interpretive rule for first party insurance. ( Sabella v. Wisler (1963) 59 Cal.2d 21, 31-33 , 27 Cal.Rptr. 689 , 377 P.2d 889 ( Sabella ).) Pursuant to the efficient proximate cause doctrine, "When a loss is caused by a combination of a covered and specifically excluded risks, the loss is covered if the covered risk was the efficient proximate cause of the loss," but "the loss is not covered if the covered risk was only a remote cause of the loss, or the excluded risk was the efficient proximate, or predominate cause." ( State Farm Fire & Casualty Co. v. Von Der Lieth (1991) 54 Cal.3d 1123, 1131-1132 , 2 Cal.Rptr.2d 183 , 820 P.2d 285 .)

This case calls on us to decide whether an insurer may, consistent with section 530 and the…