Brown
Brown v. Mid-Century Ins. CA2/7
Opinion
Opinion
Segal, J.
INTRODUCTION
Leroy and Terrie Brown appeal the trial court’s judgment in favor of Mid-Century Insurance Company on the Browns’ claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The trial court concluded that the Browns’ claim for water damage caused by a broken pipe in their house was not covered under their Mid-Century policy and that Mid-Century was entitled to summary judgment. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A. The Water
On or about February 18, 2009 the Browns began observing condensation on the windows of their three-story, split-level home and on the drywall around the windows. There was moisture from the windowsills running down the walls and mildew on some of the windows and walls. When they cleaned the condensation off the windows, it returned the next day. About a week later, the Browns began noticing mold forming around the inside of their windows and on the walls in the living room and kitchen, “developing everywhere simultaneously.” Every room that had a window had mold or mildew.
On March 17 or March 18, 2009 Leroy Brown’s brother, Robert Brown, crawled under the house and observed moisture.…