Finn v. Continental Insurance

Opinion

LOW, P. J.

Where a homeowner’s broad peril policy for property damage excludes damage from “continuous or repeated seepage or leakage” from the plumbing system, the insurer cannot be made liable for such leakage damage on the theory that the efficient proximate cause of the leakage was a sudden break in the pipe, an included peril.

Eileen Finn, as executrix of the will of her mother, Mary Finn, sued Continental Insurance Company for breach of contract and bad faith, arising from defendant’s failure to pay a claim on Mary Finn’s homeowner’s policy. The superior court granted defendant’s…