Freedman v. State Farm Ins. Co

In Freedman v. State Farm Ins. Co. (2009) 173 Cal.App.4th 957, a contractor drove a nail through a pipe while remodeling the plaintiffs' bathroom. (Freedman, supra, 173 Cal.App.4th at p. 959.) The plaintiffs discovered it years later, after corrosion around the nail caused a leak and extensive water damage. The plaintiffs' all-risk policy contained exclusions for corrosion and water damage, including leakage from a plumbing system. (Id. at p. 960.) It provided that those exclusions would apply "'regardless of whether one or more of the following: (a) directly or indirectly cause, contribute to or aggravate the loss; or (b) occur before, at the same time, or after the loss or any other cause of the loss.'" The list that followed included defect, inadequacy, or fault in design, workmanship, or construction of any property, which the court referred to as a third party negligence provision. (Ibid.) When the defendant denied coverage, the plaintiffs sued, contending the contractor's negligence, a covered peril, was the predominant or efficient proximate cause of the loss. (Freedman, supra, 173 Cal.App.4th at p. 959.) The defendant moved for summary judgment, contending it did not matter which peril was the efficient proximate cause of the loss because each possible efficient proximate cause was excluded: corrosion, leakage of water, and third party negligence when it interacted with an excluded peril, such as corrosion or leakage. (Id. at p. 961.) The court affirmed the trial court's grant of the defendant's summary judgment motion. The court analyzed the application of Julian v. Hartford Underwriters Ins. Co. (2005) 35 Cal.4th 747 to its facts as follows: "The third party negligence provisions of the Freedmans' policy exclude third parties' negligent conduct and defective workmanship whenever they interact with an excluded peril, just as the Julians' policy excluded weather conditions whenever they interacted with an excluded peril. Corrosion and continuous or repeated seepage or leakage of water are excluded perils under the Freedmans' policy, just as earth movement was excluded under the Julians' policy. Thus, the Freedmans' policy excludes contractor-negligence-induced corrosion and contractor-negligence-induced continuous or repeated seepage or leakage of water, just as the Julians' policy excluded a rain-induced landslide. The Freedmans have introduced no evidence that contractor negligence caused their loss in any way apart from the nail's role in triggering corrosion and a water leak, just as the Julians introduced no evidence that weather conditions caused their loss in any way apart from rain's role in triggering a landslide. Accordingly, the Freedmans' loss is not covered, just as the Julians' loss was not covered." (Freedman, supra, 173 Cal.App.4th at pp. 962-963.)