Howell v. State Farm Fire & Casualty Co.

BARRY-DEAL, J., Concurring.

I concur with the majority’s conclusion that the trial court erred in granting summary judgment in favor of respon*1462dent. I agree that triable issues of fact exist whether the efficient proximate cause of appellant’s loss was a covered peril and whether any insured property was damaged. I also agree that, in this case, the insurer may not escape liability based on a policy exclusion which purports to be effective when an excluded event contributes in any way to a loss, even though the efficient proximate cause of the loss is covered. However, because I do not agree…