Favorable Judgment for Gray•Duffy’s Client Affirmed on Appeal

April 2015

Overview

Timothy Thornton of Gray•Duffy’s Encino office successfully demurred to the Plaintiff’s Complaint, contending that the insurance policy at issue did not provide coverage. Judgment was entered pursuant to the demurrer, and the plaintiff appealed. The Court of Appeal then affirmed the judgment.

Discussion

Shaub v. Praetorian Timothy Thornton of Gray•Duffy represented Praetorian Insurance Company in the Superior Court and on appeal. In the lawsuit, the Homeowners demanded that Praetorian indemnify the association for money it paid to settle claims by other owners based on the association’s alleged negligence in failing to prevent earth movement that damaged their homes. The trial court held that even assuming the homeowners’ association was negligent in failing to prevent the earth movement, liability for the association’s negligence was not covered by its policy because the policy excludes liability for property damage “arising out of . . . ‘movement of land or earth.'” The trial court sustained the insurer’s demurrer without leave to amend and entered judgment. The plaintiff filed an appeal of the judgment. On appeal, the Court of Appeal determined that the judgment pursuant to the demurrer was proper, and thus affirmed the judgment.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.