Howell v. State Farm Fire & Casualty Co.

Opinion

WHITE, P. J.

Plaintiff Barbara Howell appeals after the trial court granted State Farm Fire and Casualty Company’s motion for summary judgment in an action for damages arising from State Farm’s refusal to compensate Ms. Howell for landslide damage to her real property. We reverse.

This case presents two primary issues for our consideration. First, we must decide whether an insurer providing coverage under an “all risk” property insurance policy may contractually exclude coverage when an insured peril is the “efficient proximate cause” of a loss. We conclude that an insurer may not…