· 12/16/1991
State Farm Fire & Casualty Co. v. Von Der Lieth
Citations
- 820 P.2d 285
- 54 Cal. 3d 1123
- 2 Cal. Rptr. 2d 183
- 91 Daily Journal DAR 15465
- 30 A.L.R. 5th 786
- 1991 Cal. LEXIS 5538
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that exclusion for loss caused by earth movement or natural ground water did not apply where third-party negligence was the efficient proximate cause of loss
- finding that prior negligence in approving a housing development was a contributing cause to landslide, even though earth movement was the most immediate cause
- applying Sabella because cracks in foundation of insured’s house were caused by the developer’s negligence in approving housing project and by a landslide
- defining “efficient proximate cause” as the “predominating cause,” not necessarily the “moving” or “triggering” cause
- “When a loss is caused by a combination of a covered and specifically excluded risks . . . the question of what caused the loss is generally a question of fact[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lucas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.