Arkin v. Fireman's Fund Insurance

Eldridge, Judge.

This is an appeal from the trial court’s granting of appellee Fireman’s Fund Insurance Company’s motion for summary judgment and the denial of appellant Dr. David B. Arkin’s cross-motion for summary judgment. Dr. Arkin seeks recovery from appellee under his homeowner’s insurance policy for loss occasioned by the sinking and settling of a culvert which was part of the driveway serving his residence.

The driveway which leads to appellant’s residence crosses a ravine with a creek running though it. A culvert was installed in order to allow the driveway to cross over the ravine and…