Sandgren

Sandgren v. Fire Insurance Exchange

Good Law
134 Cal. Rptr. 590·1976 Cal. App. LEXIS 2105·64 Cal. App. 3d 634
Court of Appeal of CaliforniaDecember 6, 1976Civ. No. 15766California825 words

Opinion

Lead Opinion

Friedman, J.

In this declaratory relief action the trial court held that a homeowner’s insurance policy issued by defendant did not cover fire loss of a bam owned by plaintiffs Sandgren and Larimer. The Sandgrens appeal.

For the most part, the facts are stipulated. Mr. and Mrs. Sandgren lived at 3443 Nuestro Road, Yuba City. In 1964 they took out a *636 homeowner’s policy which included fire insurance on their home. The policy was renewed at intervals thereafter. Two other plaintiffs, Mr. and Mrs. Larimer, lived next door to the Sandgrens. In 1970 the Sandgrens and the Larimers bought an 8.5-acre parcel immediately behind their residential properties and took title as tenants in common. The bam in question was located on the 8.5-acre parcel, about 770 feet from the Sandgren home.

Although the stipulation did not describe the uses to which the bam was put, Mr. Sandgren testified it was used for the storage of personal property and also for cattle and sheep kept by his children as part of 4-H projects.

The insurance policy issued by defendant contains an extension clause permitting application of 10 percent of the policy limit to “private stmctures appertaining to the described…

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