City of Carlsbad v. Ins. Co. of the State of Pennsylvania, No. D053843
In an action by a city against an insurance company seeking indemnification arising from a lawsuit by homeowners involving a landslide that occurred as a result of the city water district's negligent maintenance of its water system, judgment of the trial court in favor of the defendant-insurance company is affirmed as, an exclusion in the policy plainly and precisely explained to the city that the peril of land subsidence, including landslides, was not covered, regardless of the cause.
Filed December 17, 2009
Opinion by Judge Nares
For Appellant: Levine, Steinberg, Miller & Huver, Harvey R. Levine, Craig A. Miller; and Ronald R. Ball, City Attorney