Villamor v. Premier Insurance Co.

Plaintiffs appeal from a judgment entered upon defendant’s motion for summary judgment. Plaintiffs had a $13,000 homeowners’ insurance policy with the defendant. The policy contained extended coverage provisions which included loss resulting from vandalism, malicious mischief and actual physical contact by a land vehicle. It also provided that action on the policy was to be instituted within 12 months after the inception of the loss.

In June, 1963, an excavator’s equipment operating-on the adjacent property caused vibrations which damaged plaintiffs’ property. The plaintiffs notified the…