Metric Construction Co. v. Allianz Global Risks US Ins. Co.
Respondent sued insurance company for coverage of roof damage under an “all risks” insurance policy.
After a bench trial, the trial court entered judgment in favor of Respondent. The court found that the predominant or "efficient proximate cause" of the roof damage was faulty workmanship in constructing the roof itself. Therefore, the cost of repairing the roof was an excluded cost of repairing faulty workmanship, and not a cost of repairing other damage that resulted from faulty workmanship.
Appellant appeals the judgment. Appellant contends that the trial court erred in the determination of the "efficient proximate cause" of the loss, and incorrectly imposed the burden of proving application of the exception to the exclusion on appellant. Court affirmed.
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