Poizner v. Golden Eagle Ins.
Claimants Fred and Hanna Carter installed a new roof of fire-resistant tiles in 1995. Eleven years later, they discovered a water spot on their ceiling caused by a leak in the roof. Defendant Golden Eagle Insurance Company (Golden Eagle), now in conservatorship, had issued a property damage policy covering the tiles used in claimants roof, but the policy period covered only damage occurring in 19951996, the first year of the roofs installation. Claimants filed a claim under the Golden Eagle insurance policy supported by an expert declaration explaining how the roof tiles could have caused property damage during their first year of installation, despite the failure of visible damage to appear until 11 years later. The claims administrator for Golden Eagle denied the claim, and the trial court affirmed that denial. Court affirm the trial court.
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