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Official Blog of the AALS Section on Contracts

Earth + Rain = Mud, says Cal Court

An insurance policy that excludes coverage for “earth movement” and “weather conditions” does not cover a house destroyed when heavy rain triggers a mudslide, according to a new decision by the California Supreme Court.

Yes, we know it sounds like an easy case, true, but it’s harder than it looks because of the state’s “efficient proximate cause” doctrine, which puts some limits on policy exclusions.  The California Supreme Court  Blog has a quick summary and a link to the opinion.

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