Eugene Slaby Delphine Slaby v. Safeco Insurance Co.

972 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eugene SLABY; Delphine Slaby, Plaintiffs-Appellants, v. SAFECO INSURANCE CO., et al., Defendant-Appellee, No. 90-56254. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 19, 1992. Decided Aug. 26, 1992. As Amended on Denial of Rehearing Oct. 29, 1992. Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges. 1 MEMORANDUM * 2 In March 1987 appellants Eugene and Delphine Slaby suffered a landslide in which portions of their rear yard separated from the main yard. In July 1987 they filed a claim for this damage under their homeowner's insurance with appellee, Safeco Insurance Co. Eight months later, Safeco rejected the Slabys' claim as not covered by the insurance policy. Safeco cited a number of exclusions in the policy, including an exclusion for damage due to earth movement and damage due to improper maintenance or construction of property. Safeco invited the Slabys to file additional…