Garvey v. State Farm Fire & Casualty Co.

Opinion

LUCAS, C. J.

We granted review to consider the Court of Appeal’s reversal of a directed verdict of coverage in favor of Jack and Rita Garvey (hereafter plaintiffs). We sought to resolve some of the confusion that has arisen regarding insurance coverage under the “all risk” section of a homeowner’s insurance policy when loss to an insured’s property can be attributed to two causes, one of which is a nonexcluded peril, and the other an excluded peril.

In recent years, some courts have misinterpreted and misapplied our decisions in Sabella v. Wisler (1963) 59 Cal.2d 21 [27 Cal.Rptr. 689,…