Legal Opinion

Scott v. Continental Insurance

California Court of Appeal

Decided March 29, 1996No. G014759PublishedCited by 36 opinions

1Opinion of the Court

Opinion

SILLS, P. J.—

Introduction and Facts

In Carty v. American States Ins. Co. (1992) 7 Cal.App.4th 399, 402-403 [9 Cal.Rptr.2d 1], this court rejected the idea that the words “latent defect,” as used in a homeowners insurance policy, only applied to some undetected defect in construction materials, and did not apply to faulty design or shoddy workmanship. In Carty we also held that because certain defects in the construction of the foundation of a home were “neither readily observable nor apparent on reasonable inspection,” those defects were latent, and therefore the loss they caused was…

2Cases cited28 opinions

  1. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  2. AIU Insurance v. Superior CourtCalifornia Supreme Court · 1990
  3. People v. AndersonCalifornia Supreme Court · 1968
  4. Fu-Kong Tzung Jean Tzung v. State Farm Fire and Casualty Company, and Does 1 Through 100, InclusiveCourt of Appeals for the Ninth Circuit · 1989
  5. Reserve Insurance Co. v. PisciottaCalifornia Supreme Court · 1982

23 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Wasatch Property Management v. DegrateCalifornia Supreme Court · 2005
  2. Jordan v. Allstate InsuranceCalifornia Court of Appeal · 2004
  3. Sony Computer Entertainment America, Inc. v. American Home Assurance Co.Court of Appeals for the Ninth Circuit · 2008
  4. Stamm Theatres, Inc. v. Hartford Casualty InsuranceCalifornia Court of Appeal · 2001
  5. BOARD OF EDUC. OF MAINE TOWNSHIP HIGH SCHOOL DIST. v. Intern. Ins. Co.Appellate Court of Illinois · 1997

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