State Farm Fire and Casualty Company v. Steven M. Martin Peggy D. Martin

Steven and Peggy Martin (the Martins) appeal the entry of summary judgment in favor of State Farm Fire & Casualty Co. (State Farm) in its action for declaratory relief. State Farm sought and obtained a declaration that certain damage to the Martins’ home was excluded from coverage under a State Farm homeowner’s insurance policy issued to the Martins. On appeal, the Martins argue that (1) the exclusions in their policy are ambiguous and a genuine issue of material fact existed over whether the damage to their home was covered; (2) the district court erred in crediting a concurrent causation provision in the policy since that provision was contrary to California law; and (3) the district court improperly granted summary judgment to State Farm on various counterclaims of the Martins. The district court had jurisdiction of this diversity action under 28 U.S.C. § 1332 . We have jurisdiction of this timely appeal pursuant to 28 U.S.C. § 1291 .

The district court set forth the undisputed facts. State Farm Fire & Casualty Co. v. Martin, 668 F.Supp. 1379, 1380-81 (C.D.Cal.1987). We review a summary judgment independently. Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). Viewing the…