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Fire Ins. Exch. v. Sup. Ct., No. E046531

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By FindLaw Staff on January 27, 2010 9:11 AM

In homeowners' breach of contract and bad faith suit against their insurer, the insurer's petition for writ of mandate is granted as, building a structure that encroaches onto another's property is not an accident even if the owners acted in a good faith but mistaken belief that they were legally entitled to build where they did.  Because their homeowner policy did not provide coverage for non-accidental occurrences, the owners' insurer had no duty to defend when the owners were sued by the adjoining landowner as a result of the encroachment.     

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Appellate Information

Filed January 26, 2010

Judges

Opinion by Judge McKinster

For Appellant:   Horvitz & Levy, Barry R. Levy, Karen M. Bray; Leist Law Group, Jeffrey J. Leist and Eric N. Riezman

For Appellee:   N/A

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