Winans

Winans v. State Farm Fire & Casualty Co.

Good Law
743 F. Supp. 733·1990 WL 104879·1990 U.S. Dist. LEXIS 9427
United States District Court, Southern District of CaliforniaJune 27, 1990Civ. 88-0889-G(CM)California3,183 words

Opinion

Opinion

Gilliam, J.

MEMORANDUM DECISION AND ORDER

Defendants’ motion for summary judgment, or in the alternative, summary adjudication of issues, came on for hearing on April 16, 1990 at 10:30 a.m. in Courtroom 7 before the Honorable Earl B. Gilliam. McGinnis, Fitzgerald, Rees, Sharkey & McIntyre (Susan Basinger and Richard Elliott of counsel) appeared for the plaintiffs. Hughes & Campbell (Randall Nunn of counsel) appeared for defendant. At the conclusion of the hearing, the court ordered supplemental briefing and took the matter under submission. The court hereby issues this memorandum decision denying defendant’s motion for summary judgment, or in the alternative, for summary adjudication of issues.

FACTS

This case arises out of alleged damages to the home of Winslow and Eleanor Win-ans (plaintiffs). The home was built in 1967 at 6911 Via Valverde, La Jolla, California. Plaintiffs, the present owners, have occupied the home since 1972. On or about December 4, 1975, State Farm Insurance (defendant) issued to plaintiffs a State Farm homeowners insurance policy for the residence. The plaintiffs renewed the policy for several years. During the effective period of the policy, coverage was provided…

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