Fire Ins. Exch. v. Sup. Ct., No. E046531

In homeowners' breach of contract and bad faith suit against their insurer, the insurer's petition for writ of mandate is granted as, building a structure that encroaches onto another's property is not an accident even if the owners acted in a good faith but mistaken belief that they were legally entitled to build where they did.  Because their homeowner policy did not provide coverage for non-accidental occurrences, the owners' insurer had no duty to defend when the owners were sued by the adjoining landowner as a result of the encroachment.     

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Appellate Information

Filed January 26, 2010

Judges

Opinion by Judge McKinster

For Appellant:   Horvitz & Levy, Barry R. Levy, Karen M. Bray; Leist Law Group, Jeffrey J. Leist and Eric N. Riezman

For Appellee:   N/A