Century Park East Homeowners Ass'n v. Northbrook Property & Casualty Insurance

MEMORANDUM **

Century Park East Homeowners Association brought this action against North-brook Property and Casualty Insurance Company and claimed that damage to its condominium was covered under a policy issued by Northbrook. The district court granted summary judgment in favor of Northbrook, and Century Park appealed. We affirm.

When part of one of Century Park’s buildings suffered damage due to sinking of a slab, a claim was made against North-brook. The latter denied the claim on the basis of the earth movement exclusion in the policy. Century Park asserts that the exclusion is ambiguous and that coverage should therefore follow. See AIU Ins. Co. *709 v. Superior Court, 51 Cal.3d 807, 822 , 799 P.2d 1253, 1264 , 274 Cal.Rptr. 820, 831 (1990). We disagree.

When the plain language of an insurance contract is “clear and explicit, it governs.” Bank of the W. v. Superior Court, 2 Cal.4th 1254, 1264 , 833 P.2d 545, 552 , 10 Cal.Rptr.2d 538, 545 (1992). That is the case here because it is pellucid that the unqualified phrase “any earth movement” includes all types of movement, both sudden and sluggish movement, and both natural and artificial movement. Cf. Sabella v. Wisler, 59…