Naumes, Inc. v. Landmark Insurance

Plaintiff brought this action after defendant, Landmark Insurance Company (Landmark), denied that its policy covered damage to plaintiffs property when, following a severe storm, mud and debris partially buried the property. Defendant moved for summary judgment, which the trial court granted. We reverse.

In August, 1989, there was a severe rainstorm in Dinkelman Canyon, Washington, where plaintiffs property is located. An estimated 2 inches of rain fell in approximately 30 minutes. Within an hour of the rainstorm, a water-charged mudflow deposited debris onto plaintiffs property and caused…