Winslow E. Winans Eleanor C. Winans v. State Farm Fire and Casualty Company

RYMER, Circuit Judge:

When Winslow and Eleanor Winans found cracks and separations in the walls and ceiling of their house, they made a claim under their homeowners policy with State Farm Fire and Casualty Company. State Farm declined coverage on the ground that the contractor’s negligence in failing to remove loose soil from beneath the house during construction was only discovered by an expert after the damage had been caused, and was therefore a latent defect subject to the policy’s latent defect exclusion. 1

In a published opinion, the district court denied State Farm’s motion for summary…