Sauer v. General Ins. Co. of America

In Sauer v. General Ins. Co. of America (1964) 225 Cal. App. 2d 275, a water pressure pipe underneath the dwelling sprung a leak and caused the earth underneath the house to become soaked and muddy thereby damaging the plaintiffs' home. This caused the foundation walls and floors to crack and settle. The insurance policy insured against accidental discharge, leakage or overflow of water from within a plumbing system. But the policy excluded "loss caused by, resulting from, contributed to or aggravated by any earth movement, including ... earth sinking. ..." The court, relying on Sabella, held the efficient proximate cause of the loss was the damaged water pressure pipe (a covered peril) and the subsequent earth sinking (an excluded peril) as a result did not relieve the insurance company of liability. (Sauer v. General Ins. Co. of America, supra, 225 Cal. App. 2d at pages 279-280.)