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.     

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Appellate Information

Filed December 17, 2009

Judges

Opinion by Judge Nares

Counsel
For Appellant:   Levine, Steinberg, Miller & Huver, Harvey R. Levine, Craig A. Miller; and Ronald R. Ball, City Attorney

For Appellee:   Lewis, Brisbois, Bisgaard & Smith, Rebecca R. Weinreich and Stephen V. Kovarik