State Farm Fire & Casualty Co. v. Bongen

I agree with the decision of the superior court and thus would remand this case for a jury determination of the efficient proximate cause of the loss of the Bongens’ house.

The Bongens’ claim is that land clearing and blasting by Kodiak Electric Association caused the mudslide which destroyed their house. As there is record support for this claim it should be accepted as true for purposes of evaluating State Farm’s motion for partial summary judgment. Sun v. State, 830 P.2d 772, 776 n. 7 (Alaska 1992).

The Bongens’ policy covered all risks, except those set forth in the policy exclusions. The…