Village Inn Apartments v. State Farm Fire & Casualty Co.

BENCH, Judge:

Appellants appeal from entry of summary judgment for appellee. We affirm.

In February 1986, an underground water pipe ruptured on the premises of the Village Inn Apartments in Cedar City, Utah. The escaping water saturated the soil beneath the apartments and caused the foundation of the apartments to settle almost eight inches. Repair costs were estimated to be $70,000.

Appellants Village Inn Apartments, a Utah partnership, and its mortgagee, Village Partners-Cedar City, a Utah limited partnership, filed a claim for the loss under an insurance policy issued by appellee State Farm…